[Federal Register Volume 69, Number 135 (Thursday, July 15, 2004)]
[Notices]
[Page 42454]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-16083]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-493]


In the Matter of Certain Zero-Mercury-Added Alkaline Batteries, 
Parts Thereof, and Products Containing Same; Notice of Commission 
Decisions To Extend the Time To Determine Whether To Review an Initial 
Determination and To Extend the Target Date

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined to extend to August 19, 2004, the time to 
determine whether to review the presiding administrative law judge's 
(``ALJ's'') final initial determination (``ID'') finding a violation of 
section 337 of the Tariff Act of 1930 in the above-captioned 
investigation. The Commission has also decided to extend the target 
date for completing the investigation to October 1, 2004.

FOR FURTHER INFORMATION CONTACT: Wayne Herrington, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street, 
SW., Washington, DC 20436, telephone (202) 205-3090. Copies of the 
ALJ's ID and all other nonconfidential documents filed in connection 
with this investigation are or will be available for inspection during 
official business hours (8:45 a.m. to 5:15 p.m.) in the Office of the 
Secretary, U.S. International Trade Commission, 500 E Street, SW., 
Washington, DC 20436, telephone 202-205-2000. General information 
concerning the Commission may also be obtained by accessing its 
Internet server (http://www.usitc.gov). The public record for this 
investigation may be viewed on the Commission's electronic docket 
(EDIS-ON-LINE) at http://edis.usitc.gov. Hearing-impaired persons are 
advised that information on this matter can be obtained by contacting 
the Commission's TDD terminal on 202-205-1810.

SUPPLEMENTARY INFORMATION: The Commission instituted this investigation 
on June 2, 2003, based on a complaint filed by Energizer Holdings, Inc. 
and Eveready Battery Company, Inc., both of St. Louis, Missouri. 68 FR 
32771 (June 2, 2003). The complaint, as supplemented, alleged 
violations of section 337 of the Tariff Act of 1930 in the importation 
into the United States, the sale for importation, and the sale within 
the United States after importation of certain zero-mercury-added 
alkaline batteries, parts thereof, and products containing same by 
reason of infringement of claims 1-12 of U.S. Patent No. 5,464,709 
(``the '709 patent''). The complaint and notice of investigation named 
26 respondents and were later amended to include an additional firm as 
a respondent. The investigation has been terminated as to claims 8-12 
of the '709 patent. Several respondents have been terminated from the 
investigation for various reasons.
    On June 2, 2004, the ALJ issued his final ID finding a violation of 
section 337. He also recommended the issuance of remedial orders. A 
number of the remaining respondents have petitioned for review of the 
ID. Complainants and the Commission investigative attorney have filed 
oppositions to those petitions.
    This action is taken under the authority of section 337 of the 
Tariff Act of 1930, as amended (19 U.S.C. 1337), and sections 210.42 
and 210.51 of the Commission's Rules of Practice and Procedure (19 CFR 
210.42, 210.51).

    By order of the Commission.
    Issued: July 9, 2004.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 04-16083 Filed 7-14-04; 8:45 am]
BILLING CODE 7020-02-P