Federal Register / Vol. 62, No. 161 / Wednesday, August 20, 1997 / Notices 44291

SUPPLEMENTARY INFORMATION: The

Commission instituted this investigation

on November 22, 1996, based on a

complaint filed by The Procter &

Gamble Company (P&G) concerning

allegations of unfair acts in violation of

section 337 in the importation and sale

of certain toothbrushes covered by U.S.

Letters Patent Des. 328,392. The

complaint, as amended, also alleged

copyright infringement by certain

respondents, but those allegations were

subsequently withdrawn from the

investigation.

The complaint and notice of

investigation were served on all

respondents, but respondent Giftline

failed to respond to the complaint and

notice of investigation in the manner

required by Commission rule 210.13(b).

On March 7, 1997, complainant P&G

filed a motion for an order for Giftline

to show cause why it should not be

found in default for failure to respond

to the amended complaint and notice of

investigation pursuant to Commission

rule 210.16. The Commission

investigative attorney filed a response in

support of the motion, and respondents

Shummi Enterprise Co., Ltd. and

Shumei Industrial Co., Ltd. filed a

response stating that they do not oppose

the motion. On July 2, 1997, the

presiding ALJ issued an order (Order

No. 5) directing Giftline to show cause

why it should not be found in default

by July 14, 1997. Giftline failed to make

such a showing. Accordingly, on July

23, 1997, the ALJ issued an ID (Order

No. 9) finding Giftline in default

pursuant to Commission rule 210.16

and ruling that Giftline had waived its

right to appear, to be served with

documents, and to contest the

allegations at issue in the investigation.

No party petitioned for review of the

subject ID.

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. 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, the party

should so indicate and provide

information establishing that activities

involving other types of entry either are

adversely affecting it or are likely to do

so. For background, see the Commission

Opinion in In the Matter of Certain

Devices for Connecting Computers via

Telephone Lines, Inv. No. 337–TA–360,

USITC Pub. 2843 (December 1994).

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 (other

than Giftline), interested government

agencies, and any other interested

persons are encouraged to file written

submissions on the issues of remedy,

the public interest, and bonding. Such

submissions should address the July 2,

1997, recommended determination of

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 the close of business on September

8, 1997. Reply submissions must be

filed no later than the close of business

on September 15, 1997. 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 C.F.R. § 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 210.42 and 210.50 of the

Commission’s Rules of Practice and

Procedure (19 C.F.R. §§ 210.42 and

210.50).

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, S.W., Washington, D.C. 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 at 202–

205–1810.

Issued: August 14, 1997.

By order of the Commission.

Donna R. Koehnke,

Secretary.

[FR Doc. 97–22056 Filed 8–19–97; 8:45 am]

BILLING CODE 7020–02–P

INTERNATIONAL TRADE

COMMISSION

[Inv. No. 337–TA–376]

Certain Variable Speed Wind Turbines

and Components Thereof; Notice of

Commission Determinations

Concerning Federal Circuit Remand

Question and Respondents’ Motion To

Show Cause and Petition for

Rescission of Limited Exclusion Order

AGENCY: U.S. International Trade

Commission.

ACTION: Notice.

SUMMARY: Notice is hereby given that, in

response to an order issued by the U.S.

Court of Appeals for the Federal Circuit

(‘‘the Federal Circuit’’) on April 24,

1997 (the ‘‘remand order’’), the U.S.

International Trade Commission

determined that the requirement of

section 337(a)(3), 19 U.S.C. § 1337(a)(3),

regarding the presence of a domestic

industry is satisfied by the domestic

activities of Zond and the domestic

activities of the companies licensed by

Zond to practice the invention of claim

131 of U.S. Letters Patent 5,083,039.
44292 Federal Register / Vol. 62, No. 161 / Wednesday, August 20, 1997 / Notices

Thus, the Commission determined that,

by virtue of its ownership of the ‘039

patent and its licensing of significant

domestic activities practicing that

patent, Zond is part of the domestic

industry. The Commission also

determined that further proceedings are

not necessary to resolve any factual

issues presented by the question posed

by the Court on remand, and to deny

respondents’ motion to show cause and

their petition to rescind the limited

exclusion order. The Commission will

issue an opinion shortly concerning

these issues.

FOR FURTHER INFORMATION CONTACT: Jay

H. Reiziss, Esq., Office of the

GeneralCounsel, U.S. International

Trade Commission, telephone 202–205–

3116.

SUPPLEMENTARY INFORMATION: This

patent-based section 337 investigation

was conducted by the Commission in

1995 and 1996 based on a complaint

filed by Kenetech Windpower, Inc., of

Livermore, California (‘‘Kenetech’’) to

determine whether there was a violation

of section 337 in the importation, sale

for importation, and/or the sale within

the United States after importation, of

certain variable speed wind turbines

and components thereof by reason of

infringement of claim 131 of U.S. Letters

Patent 5,083,039 (‘‘the ‘039 patent’’) and

claim 51 of U.S. Letters Patent 5,225,712

(‘‘the ‘712 patent’’), both owned by

Kenetech. Enercon GmbH of Aurich,

Germany (‘‘Enercon’’) and The New

World Power Corporation of Lime Rock,

Connecticut were named as respondents

(collectively ‘‘respondents’’). The

Commission found a violation of section

337 had occurred and issued a limited

exclusion order. Because Kenetech had

filed for bankruptcy under Chapter 11 of

theU.S. Bankruptcy Act by the time the

exclusion order was issued, and had by

then ceased manufacturing wind

turbines, the Commission required

Kenetech to submit quarterly reports

detailing its domestic activities

exploiting the ‘039 patent.

After the President declined to

disapprove the Commission’s

determination, Enercon appealed to the

Federal Circuit. Subsequently, in its

March 31, 1997, quarterly report,

Kenetech informed the Commission that

it had sold the ‘039 patent to Zond

Energy Systems, Incorporated (‘‘Zond’’).

That quarterly report states that

Kenetech continues to exploit the ‘039

patent, apparently under license from

Zond.

Before any briefs were submitted in

the appeal, but after the time for filing

a motion to intervene had expired, Zond

moved to intervene, asserting that it had

standing to intervene based on its

ownership of the patent in issue.

Enercon opposed Zond’s intervention,

arguing that Zond must first show that

it qualifies as a domestic industry under

section 337 in order to enter an

appearance in the appeal, and that Zond

had failed to show it had the requisite

standing to participate in the appeal. On

April 24, 1997, the Federal Circuit

issued an order remanding the case to

the Commission for the Commission to

determine in the first instance: (1)

‘‘whether Zond should be substituted

for Kenetech;’’ and (2) ‘‘whether Zond

qualifies as a domestic industry.’’

The Commission reopened this

investigation, reinstated the protective

order issued in this investigation, and

requested comments from the parties’

counsel on the questions posed by the

Federal Circuit remand. On June 12,

1997, Zond filed a motion to intervene

in this investigation. On July 8, 1997,

the Commission issued an order

permitting Zond to intervene in the

remand proceeding as a co-complainant.

Zond’s motion effectively presented the

Commission with the same issue posed

by the Federal Circuit’s first remand

question. The Commission has

concluded that its decision on the

motion to intervene is equally

applicable to the first remand issue.

Thus, in response to the first of the

Federal Circuit’s remand questions, the

Commission has determined that, rather

than substituting Zond for Kenetech,

Zond should be permitted to intervene

as a co-complainant. See Order Granting

Motion to Intervene of Patent Owner

Zond Energy Systems, Inc. (July 8,

1997).

On June 16, 1997, respondents and

the Commission investigative attorney

(‘‘IA’’) filed comments on the remand

issues, and on June 23, 1997, all parties

filed reply comments.

On June 27, 1997, respondents filed a

motion for an order to show cause why

the law firm of Howrey & Simon should

not be deemed continuing counsel to

Kenetech. Howrey & Simon and the IA

subsequently responded to that motion.

On July 9, 1997, Howrey & Simon filed

a notice of withdrawal as counsel to

Kenetech.

On July 2, 1997, respondents filed a

petition under Commission rule

210.76(a)(2) seeking rescission of the

exclusion order issued by the

Commission on August 30, 1996. Both

Zond and the IA filed responses in

opposition to that petition.

Copies of the Commission’s order, the

public version of the opinion in support

of that order 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, D.C. 20436,

telephone 202–205–2000. Hearingimpaired persons are advised that

information on this matter can be

obtained by contacting the

Commission’s TDD terminal on 202–

205–1810.

This action is taken under the

authority of section 337 of the Tariff Act

of 1930, as amended (19 U.S.C. § 1337),

and section 210.76 of the Commission’s

Rules of Practice and Procedure (19

C.F.R. § 210.76).

Issued: August 11, 1997.

By order of the Commission.

Donna R. Koehnke,

Secretary.

[FR Doc. 97–22052 Filed 8–19–97; 8:45 am]

BILLING CODE 7020–02–P

DEPARTMENT OF JUSTICE

Immigration and Naturalization Service

[INS No. 1859–97]

Form Numbers for American Indian

and Northern Marianas Cards

AGENCY: Immigration and Naturalization

Service, Justice.

ACTION: Notice.

SUMMARY: In September 1997, the

Immigration and Naturalization Service

(INS or Service) will begin producing

two versions of identification cards with

new designs and form numbers. The

new cards are Form I–872, the American

Indian Card, for United States citizens

who are members of the Texas Band of

the Kickapoo Indian Tribe, as identified

in Pub. L. 97–429, and Form I–873, the

Northern Marianas Card, for United

States citizens from the Commonwealth

of the Northern Marianas, as identified

in Public Law 94–241 or by Presidential

Proclamation 5564. The card design

changes are being implemented using

the latest security technology in order to

reduce the risk of fraud.

EFFECTIVE DATE: September 1, 1997.

FOR FURTHER INFORMATION CONTACT:

Geoff Verderosa, Immigration and

Naturalization Service, Benefits

Division, Residence and Status Services,

425 I Street NW., Room 3214,

Washington, DC 20536, Telephone 202–

514–3156.