[Federal Register Volume 61, Number 132 (Tuesday, July 9, 1996)]
[Notices]
[Page 36081]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-17426]


-----------------------------------------------------------------------

INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-372 Enforcement Proceeding]


Certain Neodymium-Iron-Boron Magnets, Magnet Alloys, and Articles 
Containing Same; Notice of Referral of Formal Enforcement Proceeding to 
an Administrative Law Judge for Issuance of a Recommended Determination

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: Notice is hereby given that the Commission has referred the 
formal enforcement proceeding instituted on April 25, 1996, in the 
above-captioned investigation to an administrative law judge for 
appropriate proceedings and the issuance of a recommended 
determination.

FOR FURTHER INFORMATION CONTACT: Jay H. Reiziss, Esq., Office of the 
General Counsel, U.S. International Trade Commission, telephone 202-
252-3116.

SUPPLEMENTARY INFORMATION: On October 10, 1995, the Commission issued a 
notice that it had determined not to review an initial determination 
(Order No. 29) of the presiding administrative law judge in the above-
captioned investigation granting a motion to terminate the 
investigation as to respondents San Huan New Materials High Tech, Inc., 
Ningbo Konit Industries, Inc., and Tridus International, Inc. (the 
``San Huan respondents'') on the basis of a Consent Order, and 
subsequently issued the Consent Order. The Consent Order provides that 
the San Huan respondents:

shall not sell for importation, import into the United States or 
sell in the United States after importation or knowingly aid, abet, 
encourage, participate in, or induce the sale for importation, 
importation into the United States or sale in the United States 
after importation of neodymium-iron-boron magnets which infringe any 
of claims 1-3 of the '439 patent, or articles or products which 
contain such magnets, except under consent or license from Crucible.

    On March 4, 1996, complainant Crucible Materials Corporation filed 
a complaint alleging that the San Huan respondents had violated the 
Consent Order and seeking institution of a formal enforcement 
proceeding. Crucible requested that the Commission enforce the Consent 
Order, impose civil penalties, assess reasonable attorney's fees, and 
impose such other remedies and sanctions as are appropriate. On March 
12 and 28, 1996, the San Huan respondents filed letters objecting, 
inter alia, to a formal enforcement proceeding and requesting that an 
informal enforcement proceeding instead be instituted.
    On April 25, 1996, the Commission issued an Order instituting a 
formal enforcement proceeding and instructing the Secretary to transmit 
the enforcement proceeding complaint to the San Huan respondents 
through counsel for a response. On June 4, 1996, the San Huan 
respondents filed a response to the complaint, denying violation of the 
Consent Order and infringement of the patent claims at issue and 
requesting that the Commission deny all relief sought and terminate the 
enforcement proceeding with prejudice.
    Having examined the San Huan respondents' response to the formal 
enforcement proceeding complaint filed by Crucible, and having found 
that issues concerning possible violation of the Commission's Consent 
Order remain, the Commission determined to refer the enforcement 
proceeding to Judge Paul J. Luckern for issuance of a recommended 
determination concerning whether San Huan New Materials High Tech, 
Inc., Ningbo Konit Industries, Inc., and/or Tridus International, Inc. 
are in violation of the Commission's Consent Order. The recommended 
determination is to be issued within six (6) months of the Commission 
Order referring the enforcement proceeding to the administrative law 
judge.
    This action is taken under the authority of section 337 of the 
Tariff Act of 1930, as amended (19 U.S.C. Sec. 1337), and section 
210.75 of the Commission's Rules of Practice and Procedure (19 C.F.R. 
Sec. 210.75).
    Copies of the Commission's Order and all other nonconfidential 
documents filed in connection with this enforcement proceeding 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 
this matter can be obtained by contacting the Commission's TDD terminal 
on 202-205-1810.

    Issued: July 1, 1996.

    By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 96-17426 Filed 7-8-96; 8:45 am]
BILLING CODE 7020-02-P