[Federal Register Volume 59, Number 129 (Thursday, July 7, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-16471]
[[Page Unknown]]
[Federal Register: July 7, 1994]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-360]
Decision Not To Review an Initial Determination Finding a
Violation of Section 337 and Schedule for the Filing of Written
Submissions on Remedy, the Public Interest, and Bonding
AGENCY: International Trade Commission.
ACTION: Notice.
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In the Matter of: Certain Devices for Connecting Computers Via
Telephone Lines.
SUMMARY: Notice is hereby given that the U.S. International Trade
Commission has determined not to review the presiding administrative
law judge's (ALJ) final initial determination (ID) issued on May 24,
1994, in the above-captioned investigation finding a violation of
section 337 in the importation into the United States, and the sale
within the United States after importation, of certain devices for
connecting computers via telephone lines.
FOR FURTHER INFORMATION CONTACT: Elizabeth C. Rose, Esq., Office of the
General Counsel, U.S. International Trade Commission, 500 E Street SW.,
Washington, DC 20436. Telephone: (202) 205-3113.
SUPPLEMENTARY INFORMATION: Farallon Computing, Inc. (``Farallon'')
filed a complaint on October 12, 1993, pursuant to section 337 of the
Tariff Act of 1930 (19 U.S.C. Sec. 1337) alleging that 16 respondents
had violated section 337 in the importation into the United States, the
sale for importation, or the sale within the United States after
importation of certain devices for connecting computers via telephone
lines. Those 16 respondents were: (1) ABL Electronics Corp. (``ABL''),
(2) Caltechnology International Ltd. (``Caltechnology''), (3) CPU
Products (``CPU''), (4) Enhance Cable Technology (``Enhance''), (5)
Focus Enhancements, Inc. (``Focus''), (6) Full Enterprises Corp.
(``Full''), (7) Good Way Industrial Co., Ltd. (``Good Way''), (8)
MACProducts (USA) (now known as DGR Technologies, Inc.) (``DGR''), (9)
MicroComputer Cable Co., Inc. (``MCC''), (10) Ming Technology Corp.
(``Ming''), (11) Pan International (USA) (``Pan''), (12) Shiunn Yang
Enterprises Co., Ltd. (``Shiunn Yang''), (13) Taiwan Techtron Corp.
(``Techtron''), (14) Technology Works, Inc. (``TechWorks''), (15) Total
Technologies, Ltd. (``Total''), and (16) Tremon Enterprises Co., Ltd.
(``Tremon''). Complainant Farallon alleged infringement of certain
claims of U.S. Letters Patent 5,003,579, which it owns. The Commission
published a notice of investigation in the Federal Register on November
17, 1993 (58 FR 60671). Two additional respondents were subsequently
added to the investigation: Ji-Haw Industrial Co., Ltd. (``Ji-Haw''),
and Tri-Tech Instruments Co., Ltd. (``Tri-Tech''). See 59 Fed. Reg.
10164 (March 3, 1994).
Of the 18 respondents named in this investigation, the Commission
has approved terminations based on settlements with respect to the
following 16 respondents: ABL, Caltechnology, CPU, DGR, Enhance, Focus,
Full, Good Way, Ji-Haw, MCC, Ming, Pan, Shiunn Yang, Techtron, Total,
and Tremon. Only respondents Tri-Tech and TechWorks have not settled
with complainant Farallon.
On April 26, 1994, the ALJ granted Farallon's motion for a summary
determination that a domestic industry exists in accordance with
subsections 337(a)(2) and (a)(3). The Commission published a notice of
its decision not to review that ID on May 24, 1994. See 59 Fed. Reg.
26811-12 (May 24, 1994).
On April 28, 1994, Farallon filed a motion for summary
determination of violation of section 337. The motion was unopposed by
any respondent and was supported by the Commission investigative
attorney. On May 24, 1994, the presiding ALJ issued an ID finding that
there was a violation of section 337. The ALJ found that the '579
patent was valid and infringed, that Tri-Tech imported the infringing
product into the United States, and that after importation, TechWorks
sold the infringing product in the United States. No petitions for
review of the ID or government comments were received by the
Commission.
In connection with final disposition of this investigation, the
Commission may issue (1) An order that could result in the exclusion of
the subject articles from entry into the United States, and/or (2)
cease and desist orders that could result in respondents 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 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 orders 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 a 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 remedial orders are issued.
Written Submissions
The parties to the investigation, interested government agencies,
and any other interested persons are encouraged to file written
submissions on the issues of remedy, the public interest, and bonding.
Complainant and the Commission investigative attorney are also
requested to submit proposed remedial orders for the Commission's
consideration. The written submissions and proposed remedial orders
must be filed no later than the close of business on July 8, 1994.
Reply submissions must be filed no later than the close of business on
July 15, 1994. No further submissions will be permitted unless
otherwise ordered by the Commission.
Persons filing written submissions must file with the Office of the
Secretary the original document and 14 true copies thereof on or before
the deadlines stated above. 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 201.6. Documents for which confidential treatment
is granted by the Commission will be treated accordingly. All
nonconfidential written submissions will be available for public
inspection at the Office of the Secretary.
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 210.53
and 210.58 of the Commission's Interim Rules of Practice and Procedure
(19 CFR 210.53 and 210.58).
Copies of the 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. Hearing-
impaired persons are advised that information on the matter can be
obtained by contacting the Commission's TDD terminal on 202-205-1810.
Issued: June 29, 1994.
By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 94-16471 Filed 7-6-94; 8:45 am]
BILLING CODE 7020-02-P