[Federal Register Volume 77, Number 166 (Monday, August 27, 2012)]
[Notices]
[Pages 51825-51826]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-20991]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-844]
Certain Drill Bits and Products Containing Same; Determination To
Review an Initial Determination; on Review, Affirmance of Grant of
Summary Determination on the Merits; Termination of the Investigation
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 review an initial determination (``ID'')
(Order No. 9) of the presiding administrative law judge (``ALJ'')
granting summary determination of no importation and terminating the
investigation. On review, the Commission has determined to affirm the
ALJ's grant of summary determination of no importation on the merits
and terminates the investigation.
FOR FURTHER INFORMATION CONTACT: Panyin A. Hughes, Office of the
General Counsel, U.S. International Trade Commission, 500 E Street SW.,
Washington, DC 20436, telephone (202) 205-3042. 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
on June 4, 2012, based on a complaint filed by Boart Longyear Company
and Longyear TM, Inc. both of South Jordan, Utah. 76 FR 32997 (June 4,
2012). The complaint alleged violations of section 337 of the Tariff
Act of 1930, as amended 19 U.S.C. 1337, in the
[[Page 51826]]
importation into the United States, the sale for importation, and the
sale within the United States after importation of certain drill bits
and products containing the same by reason of infringement of certain
claims of United States Patent Nos. 7,828,090; 7,874,384; and
8,051,929. The notice of investigation named the following entities as
respondents: Boyles Bros Diamantina S.A. of Lima, Peru; Christensen
Chile S.A. of Santiago, Chile; Diamantina Christensen Trading Inc. of
Panama; and Intermountain Drilling Supply Corp. of West Valley City,
Utah.
On June 11, 2012, Respondents filed a motion for summary
determination of no importation pursuant to 19 U.S.C. 1337(a)(1)(B). On
June 21, 2012, Complainants filed an opposition to the motion. On July
10, 2012, the ALJ issued the subject ID, granting Respondents' motion
for summary determination of no importation and terminating the
investigation.
On July 24, 2012, Complainants filed a petition for review of the
ID. Respondents filed an opposition to Complainants' petition on July
31, 2012.
Having examined the record of this investigation, including the
ALJ's ID, the petition for review, and the response thereto, the
Commission has determined to review the ID. On review, the Commission
affirms the ALJ's grant of summary determination of no importation but
does not adopt any statements in the ID to the effect that the
determination is on jurisdictional grounds. Specifically, the
Commission finds that the ALJ's determination appropriately considers
the merits, and the Commission affirms the ALJ's determination on the
merits. Complainants may re-file their complaint if they can make an
allegation of importation into the United States, the sale for
importation, or the sale within the United States after importation of
accused products after issuance of the asserted patents.
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 210.42-46 of the Commission's Rules of Practice and
Procedure (19 CFR 210.42-46).
Issued: August 22, 2012.
By order of the Commission.
Lisa R. Barton,
Acting Secretary to the Commission.
[FR Doc. 2012-20991 Filed 8-24-12; 8:45 am]
BILLING CODE 7020-02-P