[Federal Register Volume 65, Number 81 (Wednesday, April 26, 2000)]
[Notices]
[Pages 24506-24507]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-10426]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-422]


Notice of Commission Determination Not To Review a Final Initial 
Determination Finding a Violation of Section 337; Schedule for Written 
Submissions on Remedy, the Public Interest, and Bonding

    In the Matter of Certain Two-Handle Centerset Faucets and 
Escutcheons, and Components Thereof.

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 the final initial determination 
(ID) issued by the presiding administrative law judge (ALJ) on March 
17, 2000, finding a violation of section 337 of the Tariff Act of 1930, 
19 U.S.C. 1337, in the above-captioned investigation.

FOR FURTHER INFORMATION CONTACT: Michael Diehl, Esq., Office of the 
General Counsel, U.S. International Trade Commission, telephone 202-
205-3095. General information concerning the Commission may also be 
obtained by accessing its Internet server (http://www.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 investigation was instituted on June 
17, 2000, based on a complaint by Moen Incorporated of Ohio. 64 FR 
32522. Moen's complaint alleged unfair acts in violation of section 337 
in the importation and sale of certain two-handle centerset faucets and 
escutcheons, and components thereof (faucets). The complaint alleged 
that five respondents had infringed a design patent held by complainant 
Moen. The five respondents named in the investigation were Foremost 
International Trading, Inc. of East Hanover, New Jersey (Foremost), 
Chung Cheng Faucet Co. Ltd. of Hsien Taiwan (Chung Cheng), Hometek 
International Group of Illinois (Hometek), Stuhlbarg International 
Sales Company Inc. d.b.a. Sisco, Inc. of Rancho Dominguez, California 
(Sisco), and Lota International Co. Ltd. of the People's Republic of 
China (Lota).
    On October 6, 1999, the Commission determined not to review an ID 
terminating the investigation as to Hometek on the basis of a consent 
order. On December 29, 1999, the Commission issued a notice that an ID 
granting complainant's motion for partial summary determination that it 
had satisfied the economic prong of the domestic industry requirement 
had become the determination of the Commission. An evidentiary hearing 
was held December 13-15, 1999, with complainant, respondents Foremost 
and Chung Cheng, and the Commission investigative attorney 
participating. On February 1, 2000, the Commission determined not to 
review an ID terminating the investigation as to respondents Sisco and 
Lota.
    On March 17, 2000, the ALJ issued his final ID, finding a violation 
of section 337 by Foremost and Chung Cheng, the two remaining 
respondents. The ALJ also issued his recommendations on remedy and 
bonding. The ALJ recommended that the Commission issue a general 
exclusion order directing that faucets that infringe the `466 patent be 
excluded from entry into the United States. He also recommended a 264 
percent bond during the period of Presidential review.
    No party filed a petition for review of the ID.
    Having examined the record in this investigation, the Commission 
has determined not to review the ID.
    In connection with the 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 action in the importation 
and sale of such articles. Accordingly, the Commission is interested in 
receiving written submissions that address the form of remedy 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, 
the party 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).
    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.
    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 March 17, 2000, recommended 
determination by the ALJ on remedy 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 
close of business on May 5, 2000. Reply submissions must be filed no 
later than the close of business on May 12, 2000. 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

[[Page 24507]]

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 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 210.45-210.51 of the 
Commission's Rules of Practice and Procedure, 19 CFR 210.45-210.51.
    Copies of the public version 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.

    By order of the Commission.

    Issued: April 20, 2000.
Donna R. Koehnke,
Secretary.
[FR Doc. 00-10426 Filed 4-25-00; 8:45 am]
BILLING CODE 7020-02-P