[Federal Register Volume 74, Number 229 (Tuesday, December 1, 2009)]
[Notices]
[Pages 62814-62815]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-28628]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-644]


In the Matter of Certain Composite Wear Components and Products 
Containing Same; Notice of Issuance of Limited Exclusion Order and 
Cease and Desist Order; Termination of Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: The United States International Trade Commission hereby 
provides notice that it has determined to issue a limited exclusion 
order and cease and desist order and terminate the investigation.

FOR FURTHER INFORMATION CONTACT: Michael K. Haldenstein, Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street, 
SW., Washington, DC 20436, telephone (202) 205-3041. 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: This investigation was instituted on April 
25, 2008, based on a complaint filed by Magotteaux International S/A 
and Magotteaux, Inc. (collectively, ``Magotteaux''). The complaint, as 
supplemented, alleged 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 composite wear components and products 
containing the same that infringe claims 12-13 and 16-21 of U.S. Patent 
No. RE 39,998 (``the `998 patent''). The complaint named Fonderie 
Acciaierie Rioale S.P.A. (``FAR''), AIA Engineering Ltd., and Vega 
Industries (collectively, ``AIAE Respondents'') as respondents. FAR was 
subsequently terminated from the investigation on the basis of a 
settlement agreement, leaving the AIAE Respondents as the only 
remaining respondents.
    On May 8, 2009, the ALJ issued an ID finding the AIAE Respondents 
in default pursuant to Commission Rules 210.16(a)(2) and 210.17, 19 CFR 
210.16(a)(2) and 210.17. On July 7, 2009, the Commission determined not 
to review the ID and indicated that, in addition to the ALJ's finding 
of violation pursuant to Rule 210.17, the Commission presumes the facts 
alleged in the complaint to be true with respect to the AIAE 
Respondents. The Commission also determined to waive Commission Rule 
210.42(a)(ii), which, unless the Commission orders otherwise, requires 
that the ALJ issue a recommended determination on remedy and bonding in 
conjunction with any final initial determination concerning violation 
of section 337. The Commission encouraged the parties to the 
investigation, interested government agencies, and any other interested 
parties to file written submissions on the issues of remedy, the public 
interest, and bonding. The parties to the investigation and the IA 
filed submissions and response submissions concerning remedy, the 
public interest, and bonding on July 22, 2009, and July 30, 2009, 
respectively. No other parties filed submissions.
    Having examined the record in this investigation, including the 
submissions on remedy, the public interest, and bonding and responses 
thereto, the Commission has determined that the appropriate form of 
relief is a limited exclusion order and a cease and desist order.
    The limited exclusion order prohibits the unlicensed entry for 
consumption of composite wear components and products containing same 
that are covered by one or more of claims 12-13 and 16-21 of the `998 
patent and that are manufactured abroad by or on behalf of, or are 
imported by or on behalf of, AIA Engineering Limited or Vega Industries 
or any of their affiliated companies, parents, subsidiaries, or other 
related business entities, or their successors or assigns.
    The cease and desist order covers products that infringe claims 12-
13 and 16-21 of the `998 patent and is directed to defaulting domestic 
respondent Vega Industries and any of its principals, stockholders, 
officers, directors, employees, agents, licensees, distributors, 
controlled (whether by stock ownership or otherwise) and majority owned 
business entities, successors, and assigns.
    The Commission has also determined that the public interest factors 
enumerated in 19 U.S.C. 1337(d) and (f) do not preclude issuance of the 
afore-mentioned remedial orders, and that the bond during the 
Presidential period of review shall be set at 100 percent of the 
entered value for any covered composite wear components and products 
containing same.
    The authority for the Commission's determinations is contained in 
section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and 
in sections 210.49--210.50 of the Commission's Rules of Practice and 
Procedure (19 CFR 210.49-210.50).

    By order of the Commission.


[[Page 62815]]


    Issued: November 24, 2009.
William R. Bishop,
Acting Secretary to the Commission.
[FR Doc. E9-28628 Filed 11-30-09; 8:45 am]
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