[Federal Register Volume 65, Number 199 (Friday, October 13, 2000)]
[Notices]
[Pages 60975-60976]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-26278]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-438]


In the Matter of Certain Plastic Molding Machines With Control 
Systems Having Programmable Operator Interfaces Incorporating General 
Purpose Computers, and Components Thereof; Notice of Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Institution of investigation pursuant to 19 U.S.C. 1337.

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SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on September 8, 2000, under section 
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
Milacron Inc. of Cincinnati, Ohio. Supplements to the complaint were 
filed on September 25 and 27, 2000. The complaint, as supplemented, 
alleges violations of section 337 in the importation into the United 
States, the sale for importation, and the sale within the United States 
after importation of certain plastic molding machines with control 
systems having programmable operator interfaces incorporating general 
purpose computers, and components thereof, by reason of infringement of 
claims 1-4 and 9-13 of U.S. Letters Patent 5,062,052, as amended by 
Reexamination Certificate B1 5,062,052. The complaint further alleges 
that an industry in the United States exists as required by subsection 
(a)(2) of section 337.
    The complainant requests that the Commission institute an 
investigation and, after the investigation, issue a permanent exclusion 
order and a permanent cease and desist order.

ADDRESSES: The complaint and supplements, except for any confidential 
information contained therein, are 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., 
Room 112, Washington, D.C. 20436, telephone 202-205-2000. Hearing-
impaired individuals are advised that information on this matter can be 
obtained by contacting the Commission's TDD terminal on 202-205-1810. 
Persons

[[Page 60976]]

with mobility impairments who will need special assistance in gaining 
access to the Commission should contact the Office of the Secretary at 
202-205-2000. General information concerning the Commission may be 
obtained by accessing its internet server (http://www.usitc.gov).

FOR FURTHER INFORMATION CONTACT: Steven A. Glazer, Esq., Office of 
Unfair Import Investigations, U.S. International Trade Commission, 
telephone 202-205-2577.

    Authority: The authority for institution of this investigation 
is contained in section 337 of the Tariff Act of 1930, as amended, 
and in section 210.10 of the Commission's Rules of Practice and 
Procedure, 19 CFR 210.10 (2000).

Scope of Investigation

    Having considered the complaint, the U.S. International Trade 
Commission, on October 6, 2000, ordered that--
    (1) Pursuant to subsection (b) of section 337 of the Tariff Act of 
1930, as amended, an investigation be instituted to determine:
    (a) Whether there is a violation of subsection (a)(1)(B) of section 
337 in the importation into the United States, the sale for 
importation, or the sale within the United States after importation of 
certain plastic molding machines with control systems having 
programmable operator interfaces incorporating general purpose 
computers, or components thereof, by reason of infringement of claims 
1, 2, 3, 4, 9, 10, 11, 12, or 13 of U.S. Letters Patent 5,062,052, as 
amended by Reexamination Certificate B1 5,062,052, and whether there 
exists an industry in the United States as required by subsection 
(a)(2) of section 337.
    (2) For the purpose of the investigation so instituted, the 
following are hereby named as parties upon which this notice of 
investigation shall be served:
    (a) The complainant is Milacron Inc., 2090 Florence Avenue, 
Cincinnati, Ohio 45206.
    (b) The respondents are the following companies alleged to be in 
violation of section 337, and are the parties upon which the complaint 
is to be served:

Ube Industries, Ltd., Tokyo Head Office, Seavans North Bldg., 1-2-1, 
Shibaura, Minato-Ku, Tokyo, Japan 140-8449
Ube Machinery, Inc., 5700 S. State Street, Ann Arbor, Michigan 48108

    (c) Steven A. Glazer, Esq., Office of Unfair Import Investigations, 
U.S. International Trade Commission, 500 E Street, S.W., Room 401-K, 
Washington, D.C. 20436, who shall be the Commission investigative 
attorney, party to this investigation; and
    (3) For the investigation so instituted, the Honorable Sidney 
Harris is designated as the presiding administrative law judge.
    Responses to the complaint and the notice of investigation must be 
submitted by the named respondents in accordance with section 210.13 of 
the Commission's Rules of Practice and Procedure, 19 CFR 210.13. 
Pursuant to 19 CFR 201.16(d) and 210.13(a) of the Commission's Rules, 
such responses will be considered by the Commission if received not 
later than 20 days after the date of service by the Commission of the 
complaint and the notice of investigation. Extensions of time for 
submitting responses to the complaint will not be granted unless good 
cause therefor is shown.
    Failure of a respondent to file a timely response to each 
allegation in the complaint and in this notice may be deemed to 
constitute a waiver of the right to appear and contest the allegations 
of the complaint and this notice, and to authorize the administrative 
law judge and the Commission, without further notice to the respondent, 
to find the facts to be as alleged in the complaint and this notice and 
to enter both an initial determination and a final determination 
containing such findings, and may result in the issuance of a limited 
exclusion order or a cease and desist order or both directed against 
such respondent.

    Issued: October 6, 2000.

    By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 00-26278 Filed 10-12-00; 8:45 am]
BILLING CODE 7020-02-P