[Federal Register Volume 71, Number 31 (Wednesday, February 15, 2006)]
[Notices]
[Pages 7996-7997]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-2165]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-549]


In the Matter of Certain Ink Sticks for Solid Ink Printers; 
Notice of Request for Written Submissions on Remedy, the Public 
Interest, and Bonding With Respect to the Respondents Found in Default

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission is requesting briefing on remedy, the public interest, and 
bonding with respect to two respondents previously found in default.

FOR FURTHER INFORMATION CONTACT: Michelle Walters, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street, 
SW., Washington, DC 20436, telephone (202) 708-5468. Copies of non-
confidential 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 at 
http://www.usitc.gov. The public record for this investigation may be 
viewed on the Commission's electronic docket (EDIS) 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 
by notice on September 6, 2005, based on a complaint filed by Xerox 
Corporation (``Xerox'') of Stamford, Connecticut. The complaint, as 
amended, alleges violations of section 337 of the Tariff Act of 1930 
(19 U.S.C. 1337) in the importation into the United States, the sale 
for importation, and the sale within the United States after 
importation of certain ink sticks used in solid ink printers by reason 
of infringement of claim 16 of United States Patent No. 6,739,713, 
claims 5-10 and 13-14 of United States Patent No. 6,840,613, and claims 
1-2 of United States Patent No. 6,840,612. The complaint further 
alleges the existence of a domestic industry. The Commission's notice 
of investigation

[[Page 7997]]

names HANA Corporation (``HANA'') of Seoul, Republic of Korea, and 
InkSticks.com of Cheyenne, Wyoming, as respondents.
    On October 26, 2005, complainant Xerox moved pursuant to 19 U.S.C. 
1337(g)(1) and Commission Rule 210.16 for an order (1) directing HANA 
and Inksticks.com to show cause why each should not be found in default 
for failing to respond to the complaint and notice of investigation, 
and (2) upon failure of the respondents to show such cause, for an 
initial determination (``ID'') finding the respondents in default. The 
administrative law judge (``ALJ'') issued an ID on December 20, 2005, 
finding HANA and InkSticks.com in default, because neither respondent 
replied to the complaint or notice of investigation, and neither 
respondent replied to the show cause order issued by the ALJ on 
November 5, 2005. The Commission declined to review the ALJ's 
determination that respondents HANA and Inksticks.com, the only 
respondents named in the investigation, defaulted.
    On January 19, 2006, Xerox filed a declaration requesting immediate 
relief against the defaulting respondents with proposed remedial orders 
attached. Section 337(g)(1) (19 U.S.C. 1337(g)(1)) and Commission Rule 
210.16(c) (19 CFR 210.16(c)) authorize the Commission to order limited 
relief against a respondent found in default, unless after 
consideration of the public interest factors, it finds that such relief 
should not issue. The Commission may (1) issue an order that could 
result in the exclusion of the subject articles from entry into the 
United States, and/or (2) issue one or more cease and desist orders 
that could result in the respondent being required to cease and desist 
from engaging in unfair acts in the importation and sale of such 
articles. Accordingly, the Commission is interested in receiving 
written submissions that address the form of remedy, if any, that 
should be ordered. If a party seeks exclusion of an article from entry 
into the United States for purposes other than entry for consumption, 
the party should so indicate and provide information establishing that 
activities involving other types of entry are either adversely 
affecting it or likely to do so. For background, see In the Matter of 
Certain Devices for Connecting Computers via Telephone Lines, Inv. No. 
337-TA-360, USITC Pub. No. 2843 (December 1994) (Commission Opinion).
    If the Commission contemplates some form of remedy, it must 
consider the effects of that remedy upon the public interest. The 
factors the Commission will consider include the effect that an 
exclusion order and/or cease and desist order would have on (1) the 
public health and welfare, (2) competitive conditions in the U.S. 
economy, (3) U.S. production of articles that are like or directly 
competitive with those that are subject to investigation, and (4) U.S. 
consumers. The Commission is therefore interested in receiving written 
submissions that address the aforementioned public interest factors in 
the context of this investigation.
    If the Commission orders some form of remedy, the President has 60 
days to approve or disapprove the Commission's action. During this 
period, the subject articles would be entitled to enter the United 
States under bond, in an amount determined by the Commission and 
prescribed by the Secretary of the Treasury. The Commission is 
therefore interested in receiving submissions concerning the amount of 
the bond that should be imposed if a remedy is ordered.
    Written Submissions: The parties to the investigation, interested 
government agencies, and any other interested parties are encouraged to 
file written submissions on the issues of remedy, the public interest, 
and bonding. Complainant and the investigative attorney are also 
requested to submit proposed remedial orders for the Commission's 
consideration. There is no need to duplicate filings previously made. 
Complainant is requested to state the dates that the patents at issue 
expire and the HTSUS numbers under which the accused products are 
imported. The written submissions and proposed remedial orders must be 
filed no later than close of business on February 24, 2006. Reply 
submissions must be filed no later than the close of business on March 
3, 2006. No further submissions on these issues will be permitted 
unless otherwise ordered by the Commission.
    Persons filing written submissions must file the original document 
and 12 true copies thereof on or before the deadlines stated above with 
the Office of the Secretary. Any person desiring to submit a document 
(or portion thereof) to the Commission in confidence must request 
confidential treatment unless the information has already been granted 
such treatment during the proceedings. All such requests should be 
directed to the Secretary of the Commission and must include a full 
statement of the reasons why the Commission should grant such 
treatment. See 19 CFR 210.6. Documents for which confidential treatment 
by the Commission is sought will be treated accordingly. All 
nonconfidential written submissions will be available for public 
inspection at the Office of the Secretary.
    The authority for the Commission's determination is contained in 
section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and 
in sections 210.16 and 210.50 of the Commission's Rules of Practice and 
Procedure (19 CFR 210.16 and 210.50).

    By order of the Commission.

    Issued: February 10, 2006.
Marilyn R. Abbott,
Secretary to the Commission.
 [FR Doc. E6-2165 Filed 2-14-06; 8:45 am]
BILLING CODE 7020-02-P