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[Federal Register Volume 70, Number 212 (Thursday, November 3, 2005)]
[Notices]
[Pages 66849-66850]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-21950]

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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-528]

In the Matter of Certain Foam Masking Tape; Notice of Issuance of 
General Exclusion Order and Termination of Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Having found a violation of section 337 of the Tariff Act of 
1930, 19 U.S.C. 1337, notice is hereby given that the U.S. 
International Trade Commission has issued a general exclusion order and 
terminated the above-captioned investigation.

FOR FURTHER INFORMATION CONTACT: Timothy P. Monaghan, Esq., Office of 
the General Counsel, U.S. International Trade Commission, 500 E Street, 
SW., Washington, DC 20436, telephone 202-205-3095. 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 (http://www.usitc.gov). The public record for this investigation may be viewed 
on the Commission's electronic docket (EDIS) at http://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 
administrative law judge (``ALJ'') issued an initial determination 
(``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 Commission 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

[[Page 66850]]

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 determined not to review that initial 
determination.
    On June 21, 2005, the ALJ issued an 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.
    In Order No. 41, 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.
    On July 15, 2005, the Commission determined not to review the ALJ's 
summary determination that 3M has shown that there is a violation of 
section 337. It also issued a Federal Register notice, inviting written 
submissions on the ALJ's recommended determination on remedy and 
bonding as well as submissions on the public interest.
    On July 25, 2005, the Commission received comments from complainant 
3M and the IA. No reply submissions were received.
    Having examined the relevant portions of the record, including ALJ 
Order No. 41, and the written submissions on remedy, the public 
interest and bonding, the Commission has determined to issue a general 
exclusion order prohibiting unlicensed entry for consumption of foam 
masking tape that is covered by claims 1, 7, 8, 10, 11, 13, 14 or 16 of 
the `097 patent. In so doing the Commission determined that the public 
interest factors enumerated in section 337(d) do not preclude the 
issuance of the aforementioned remedial order and the bond during the 
Presidential review period shall be 100 percent of the entered value of 
the article in question. The Commission's order was delivered to the 
President and the United States Trade Representative on the day of its 
issuance.
    This action is taken under the authority of section 337 of the 
Tariff Act of 1930, 19 U.S.C. 1337, and Sec. Sec.  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: October 31, 2005.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 05-21950 Filed 11-2-05; 8:45 am]
BILLING CODE 7020-02-P
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