[Federal Register Volume 65, Number 121 (Thursday, June 22, 2000)]
[Notices]
[Pages 38858-38859]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-15820]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-422]


In the Matter of Certain Two-Handle Centerset Faucets and 
Escutcheons, and Components Thereof; Notice of Issuance of General 
Exclusion Order; Termination of the Investigation

AGENCY: International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission, having previously determined not to review the final 
initial determination (ID) issued by the presiding administrative law 
judge (ALJ) finding a violation of section 337 of the Tariff Act of 
1930, 19 U.S.C. 1337, in the above-captioned investigation, has issued 
a general exclusion order, and terminated the investigation.

FOR FURTHER INFORMATION CONTACT: Michael Diehl, Esq., Office of the 
General Counsel, U.S. International Trade Commission, telephone 202-
205-

[[Page 38859]]

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. The complaint alleged that five 
respondents had infringed a U.S. 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 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 
before the ALJ was held December 13-15, 1999, with complainant, 
respondents Foremost and Chung Cheng, and the Commission investigative 
attorney (IA) participating. On February 1, 2000, the Commission 
determined not to review an ID terminating the investigation as to 
respondents Sisco and Lota on the basis of consent orders.
    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.
    After examining the record in the investigation, the Commission 
determined not to review the ID, and requested written submissions on 
remedy, the public interest, and bonding.
    The Commission received written submissions from Moen and the IA 
that addressed the form of remedy, if any, that should be ordered, the 
effect of a remedy on the public interest, and the amount of the bond 
that should be imposed during the 60-day Presidential review period.
    Having reviewed the record in this investigation, including the 
written submissions of the parties, the Commission determined that the 
appropriate form of relief is a general exclusion order prohibiting the 
unlicensed entry for consumption of two-handle centerset faucets and 
escutcheons that infringe U.S. Letters Patent Des. 347,466. The 
Commission also determined that the public interest factors enumerated 
in subsection (d) of section 337 do not preclude the issuance of the 
aforementioned general exclusion order, and that the bond during the 
Presidential review period shall be in the amount of 264 percent of the 
entered value of the articles in question.
    Copies of the Commission's orders, 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.
    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.

    Issued: June 19, 2000.

    By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 00-15820 Filed 6-21-00; 8:45 am]
BILLING CODE 7020-02-P