In the Matter of Certain Foam Masking Tape; Notice of Commission Decision Not to Review an Initial Determination Finding a Violation of Section 337; Schedule for Written Submissions on Remedy, Public Interest, and Bonding, 41787-41788 [05-14289]

Agencies

• INTERNATIONAL TRADE COMMISSION

[Federal Register Volume 70, Number 138 (Wednesday, July 20, 2005)]
[Notices]
[Pages 41787-41788]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-14289]


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INTERNATIONAL TRADE COMMISSION


In the Matter of Certain Foam Masking Tape; Notice of Commission 
Decision Not to Review an Initial Determination Finding a Violation of 
Section 337; Schedule for Written Submissions on Remedy, Public 
Interest, and Bonding

[Inv. No. 337-TA-528]

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 not to review an initial determination 
(``ID'') (Order No. 41) issued by the presiding administrative law 
judge (``ALJ'') finding a violation of section 337 in the above-
captioned investigation. Notice is also hereby given that the 
Commission is requesting briefing on the issues of remedy, the public 
interest, and bonding.

FOR FURTHER INFORMATION CONTACT: Michael Diehl, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street, 
SW., Washington, DC 20436, telephone 205-3095. Copies of all 
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. General information concerning the 
Commission may be obtained by accessing its Internet server (https://
www.usitc.gov). The public record for this investigation may be viewed 
on the Commission's electronic docket (EDIS) at https://edis.usitc.gov. 
Hearing-impaired persons are advised that information on the matter can 
be obtained by contacting the Commission's TDD terminal on 202-205-
1810.

SUPPLEMENTARY INFORMATION: This patent-based section 337 investigation 
was instituted by the Commission based on a complaint filed by 3M 
Company, 3M Innovative Properties Company, and Mr. Jean Silvestre 
(collectively, ``3M''), which was subsequently amended. 70 FR 386 (Jan. 
4, 2005). The complaint, as amended, alleged a violation of section 337 
of the Tariff Act of 1930 in the importation into the United States, 
the sale for importation and/or sale within the United States after 
importation, of certain foam masking tape by reason of infringement of 
certain claims of U.S. Patents Nos. 4,996,092 (``the `092 patent'') and 
5,260,097 (``the `097 patent''). The notice of investigation named 13 
respondents.
    On February 10, 2005, 3M filed a motion to amend the complaint and 
notice of investigation to add two respondents. On March 1, 2005, the 
ALJ issued an ID (Order No. 14) granting the motion. No party 
petitioned for review. On March 29, 2005, the Commission issued a 
notice of its determination not to review the ID.
    Between February and June of 2005, the investigation was terminated 
as to 14 of the 15 respondents on the basis of settlement agreements 
and consent orders, or based on consent orders alone. With respect to 
Jevtec, Ltd.--the sole respondent as to which the investigation was not 
terminated--3M moved on May 17, 2005, for an order directing Jevtec to 
show cause why it should not be found in default for failure to respond 
to the amended complaint and notice of investigation. 3M also requested 
the issuance of an ID finding Jevtec in default if Jevtec failed to 
show such cause.
    On May 26, 2005, 3M moved for a summary determination of a 
violation of section 337. On June 6, 2005, the Investigative Attorney 
(IA), filed a response in support of the motion for summary 
determination.
    On June 7, 2005, the ALJ issued Order No. 36, ordering Jevtec to 
show cause why it should not be held in default no later than June 14, 
2005. Jevtec did not file a response to the order, an answer to the 
complaint, or a notice of appearance within the time permitted. On June 
15, 2005, the ALJ issued an ID (Order No. 39) finding Jevtec in 
default. No party petitioned for review of the ID. On July 11, 2005, 
the Commission issued a notice of its determination not to review that 
ID.
    On June 21, 2005, the ALJ issued the subject ID (Order No. 41), 
granting 3M's motion for a summary determination of a violation of 
section 337. The ID notes that only the `097 patent is at issue in the 
summary determination, because the investigation has been terminated 
with respect to all respondents charged with infringement of the `092 
patent. No party petitioned for review of the ID. The Commission has 
determined not to review this ID.
    As to remedy, the ALJ recommended the issuance of a general 
exclusion order. He also recommended that the bond permitting temporary 
importation during the Presidential review period be set at 100 percent 
of the value of the infringing imported product.
    In connection with the final disposition of this investigation, the 
Commission may issue an order that could result in the exclusion of the 
subject articles from entry into the United States. 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, it should so indicate and provide 
information establishing that activities involving other types of entry 
either are 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).
    When 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 in this investigation include the 
effect that an exclusion 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

[[Page 41788]]

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.
    Written Submissions: The parties to the investigation, interested 
government agencies, and any other interested parties are encouraged to 
file written submissions on remedy, the public interest, and bonding. 
Such submissions should address the June 21, 2005, recommended 
determination by the ALJ on remedy and bonding. Complainants and the 
Commission's investigative attorney are also requested to submit 
proposed orders for the Commission's consideration. Complainants are 
further requested to state the expiration date of the patent at issue 
and the HTSUS numbers under which the infringing goods are imported. 
Main written submissions and proposed orders must be filed no later 
than close of business on July 25, 2005. Reply submissions, if any, 
must be filed no later than the close of business on August 1, 2005. No 
further submissions on these issues 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 that the Commission should grant such 
treatment. See section 201.6 of the Commission's Rules of Practice and 
Procedure, 19 CFR 201.6. 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.
    This action is taken under the authority of section 337 of the 
Tariff Act of 1930, 19 U.S.C. 1337, and sections 210.42 and 210.50 of 
the Commission's Rules of Practice and Procedure, 19 CFR 210.42 and 
210.50.

    By order of the Commission.

    Issued: July 15, 2005.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 05-14289 Filed 7-19-05; 8:45 am]
BILLING CODE 7020-02-P