[Federal Register Volume 77, Number 184 (Friday, September 21, 2012)]
[Notices]
[Pages 58578-58579]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-23325]



[[Page 58578]]

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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-855]


Certain Sintered Rare Earth Magnets, Methods of Making Same and 
Products Containing Same: Institution of Investigation Pursuant to 19 
U.S.C. 1337

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on August 17, 2012, under section 
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
Hitachi Metals, Ltd. of Japan and Hitachi Metals North Carolina, Ltd. 
of China Grove, North Carolina. A letter supplementing the complaint 
was filed on September 5, 2012. The complaint alleges violations of 
section 337 based upon the importation into the United States, the sale 
for importation, and the sale within the United States after 
importation of certain sintered rare earth magnets, methods of making 
same and products containing same by reason of infringement of certain 
claims of U.S. Patent No. 6,461,565 (``the `565 patent''); U.S. Patent 
No. 6,491,765 (``the `765 patent''); U.S. Patent No. 6,527,874 (``the 
`874 patent''); and U.S. Patent No. 6,537,385 (``the `385 patent''). 
The complaint further alleges that an industry in the United States 
exists or is in the process of being established as required by 
subsection (a)(2) of section 337.
    The complainants request that the Commission institute an 
investigation and, after the investigation, issue an exclusion order 
and cease and desist orders.

ADDRESSES: The complaint, except for any confidential information 
contained therein, is 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., Room 112, Washington, 
DC 20436, telephone (202) 205-2000. Hearing-impaired individuals are 
advised that information on this matter can be obtained by contacting 
the Commission's TDD terminal on (202) 205-1810. Persons with mobility 
impairments who will need special assistance in gaining access to the 
Commission should contact the Office of the Secretary at (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.

FOR FURTHER INFORMATION CONTACT: The Office of Unfair Import 
Investigations, U.S. International Trade Commission, telephone (202) 
205-2560.

    Authority:  The authority for institution of this investigation 
is contained in section 337 of the Tariff Act of 1930, as amended, 
and in section 210.10 of the Commission's Rules of Practice and 
Procedure, 19 CFR 210.10 (2012).

    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on September 14, 2012, Ordered That--
    (1) Pursuant to subsection (b) of section 337 of the Tariff Act of 
1930, as amended, an investigation be instituted to determine whether 
there is a violation of subsection (a)(1)(B) of section 337 in the 
importation into the United States, the sale for importation, or the 
sale within the United States after importation of certain sintered 
rare earth magnets, methods of making same and products containing same 
that infringe one or more of claims 1-11 of the `565 patent; claims 1-4 
and 11-16 of the `765 patent; claims 1-7 of the `874 patent; and claims 
1-3 and 5-10 of the `385 patent, and whether an industry in the United 
States exists or is in the process of being established as required by 
subsection (a)(2) of section 337;
    (2) Pursuant to Commission Rule 210.50(b)(1), 19 CFR 210.50(b)(1), 
the presiding administrative law judge shall take evidence or other 
information and hear arguments from the parties and other interested 
persons with respect to the public interest in this investigation, as 
appropriate, and provide the Commission with findings of fact and a 
recommended determination on this issue, which shall be limited to the 
statutory public interest factors set forth in 19 U.S.C. 1337(d)(1), 
(f)(1), (g)(1);
    (3) For the purpose of the investigation so instituted, the 
following are hereby named as parties upon which this notice of 
investigation shall be served:
    (a) The complainants are:

Hitachi Metals, Ltd., SEAVANS North Bldg., 2-1, Shibaura 1-chome 
Minato-ku, Tokyo 105-8614, Japan
Hitachi Metals North Carolina, Ltd., 1 Hitachi Metals Dr., China Grove, 
NC 28023

    (b) The respondents are the following entities alleged to be in 
violation of section 337, and are the parties upon which the complaint 
is to be served:

Yantai Zhenghai Magnetic Material Co., Ltd., No. 22, Zhujiang Road, 
Economic Technology Development Zone, 264006 Yantai, China
Ningbo Jinji Strong Magnetic Material Co., Ltd., 176 South Yanwu 
Street, Jiangdong District, 315041 Ningbo, China
Earth-Panda Advance Magnetic Material Co., Ltd., Economic and 
Technology Development Zone, Lujiang County, 231512 Chaohu, China
Skullcandy, Inc., 724 S. El Camino Real, San Clemente, CA 92674
Beats Electronics, LLC, 2220 Colorado Ave., Santa Monica, CA 90404
Monster Cable Products, Inc., 455 Valley Dr., Brisbane, CA 94005
Bose Corp., The Mountain, Framingham, MA 01701
Callaway Golf Co., 2180 Rutherford Rd., Carlsbad, CA 92008
Taylor Made Golf Co., 5545 Fermi Ct., Carlsbad, CA 92008
Adidas America, Inc., 5055 N Greeley Ave., Portland, OR 97217
Milwaukee Electric Tool Corp,. 13135 W. Lisbon Rd., Brookfield, WI 
53005
Techtronic Industries Co. Ltd., 24/F, CDW Building, 388 Castle Peak 
Road, Tsuen Wan, N.T., Hong Kong
DeWALT Industrial Tool Corp., 701 East Joppa Rd. TW425, Towson, MD 
21286
Electro-Voice, Inc., 12000 Portland Ave. South, Burnsville, MN 55337
Shure Inc., 5800 West Touhy Ave., Niles, IL 60714-4608
AKG Acoustics GmbH, Lemb[ouml]ckgasse 21-25, A-1230 Vienna, Austria
Harman International Industries, 400 Atlantic Street, Suite 1500, 
Stamford, CT 06901
Maxon Precision Motors, Inc., 101 Waldron Rd., Fall River, MA 02720
Dr. Fritz Faulhaber GmBH & Co. KG, Daimlerstra[beta]e 23/25, 71101 
Sch[ouml]naich, Germany
Micromo Electronics, Inc., 14881 Evergreen Ave., Clearwater, FL 33762
TELEX Communications, Inc., 12000 Portland Ave., Burnsville, MN 55337
Bosch Security Systems, Inc., 12000 Portland Ave., Burnsville, MN 55337
Electro-Optics Technology, Inc., 5835 Shugart Lane, Traverse City, MI 
49684
Nexteer Automotive Corp., 3900 East Holland Rd., Saginaw, MI 48601
Bunting Magnetics Co., 500 S Spencer Rd., Newton, KS 67114-4109
Viona Corp., 16 Dorothy Dr., Syosset, NY 11791
Allstar Magnetics LLC, 6205 NE 63rd St., Vancouver, WA 98661
Dura Magnetics Inc., 5500 Schultz Dr., Sylvania, OH 43560
Integrated Magnetics, Inc., 11248 Playa Ct., Culver City, CA 90230

    (c) The Office of Unfair Import Investigations, U.S. International 
Trade Commission, 500 E Street SW., Suite 401, Washington, DC 20436; 
and

[[Page 58579]]

    (4) For the investigation so instituted, the Chief Administrative 
Law Judge, U.S. International Trade Commission, shall designate the 
presiding Administrative Law Judge.
    Responses to the complaint and the notice of investigation must be 
submitted by the named respondents in accordance with section 210.13 of 
the Commission's Rules of Practice and Procedure, 19 CFR 210.13. 
Pursuant to 19 CFR 201.16(d)-(e) and 210.13(a), such responses will be 
considered by the Commission if received not later than 20 days after 
the date of service by the Commission of the complaint and the notice 
of investigation. Extensions of time for submitting responses to the 
complaint and the notice of investigation will not be granted unless 
good cause therefor is shown.
    Failure of a respondent to file a timely response to each 
allegation in the complaint and in this notice may be deemed to 
constitute a waiver of the right to appear and contest the allegations 
of the complaint and this notice, and to authorize the administrative 
law judge and the Commission, without further notice to the respondent, 
to find the facts to be as alleged in the complaint and this notice and 
to enter an initial determination and a final determination containing 
such findings, and may result in the issuance of an exclusion order or 
a cease and desist order or both directed against the respondent.

    By order of the Commission.

    Issued: September 18, 2012.
Lisa R. Barton,
Acting Secretary to the Commission.
[FR Doc. 2012-23325 Filed 9-20-12; 8:45 am]
BILLING CODE 7020-02-P