[Federal Register Volume 74, Number 132 (Monday, July 13, 2009)]
[Notices]
[Pages 33472-33473]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-16407]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-644]


In the Matter of Certain Composite Wear Components and Products 
Containing Same; Notice of Commission Determination Not To Review an 
Initial Determination Finding Respondents AIAE Engineering Ltd. and 
Vega Industries in Default and Finding a Violation of Section 337

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: The United States International Trade Commission hereby 
provides notice that it has determined not to review an initial 
determination (``ID'') (Order No. 26) issued by the presiding 
administrative law judge (``ALJ'') finding respondents AIAE Engineering 
Limited and Vega

[[Page 33473]]

Industries in default and finding a violation of section 337.

FOR FURTHER INFORMATION CONTACT: Paul M. Bartkowski, Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street, 
SW., Washington, DC 20436, telephone (202) 708-5432. Copies of non-
confidential 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 also be obtained by accessing its Internet server at 
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 this matter can be obtained by contacting the Commission's TDD 
terminal on (202) 205-1810.

SUPPLEMENTARY INFORMATION: This investigation was instituted on April 
25, 2008, based on a complaint filed by Magotteaux International S/A 
and Magotteaux, Inc. (collectively, ``Magotteaux''). The complaint, as 
supplemented, alleged violations of section 337 of the Tariff Act of 
1930 (19 U.S.C. **1337) in the importation into the United States, the 
sale for importation, and the sale within the United States after 
importation of certain composite wear components and products 
containing the same that infringe all of the claims of U.S. Patent No. 
RE 39,998 (``the `998 patent''). The complaint named Fonderie 
Acciaierie Rioale S.P.A. (``FAR''), AIA Engineering Ltd. (``AIAE''), 
and Vega Industries (``Vega'') as respondents. FAR was subsequently 
terminated from the investigation on the basis of a settlement 
agreement, leaving AIAE and Vega (hereinafter referred to collectively 
as ``AIAE'') as the remaining respondents.
    On May 8, 2009, the ALJ issued the subject ID, granting a motion 
filed by the Commission investigative attorney (``IA'') for issuance of 
an initial determination finding AIAE in default and granting in part a 
motion filed by Magotteaux for issuance of an initial determination 
finding respondents in default and requesting adverse inferences on 
importation, infringement, and domestic industry. AIAE filed a petition 
for review of the ID, which was opposed by the Magotteaux and the IA.
    The Commission has determined not to review the subject ID finding 
AIAE in default pursuant to Rule 210.16(a)(2) and presumes the facts 
alleged in the complaint to be true with respect to AIAE, in addition 
to the ALJ's finding of violation pursuant to Rule 210.17. The 
Commission also determines to waive Commission Rule 210.42(a)(ii), 
which, unless the Commission orders otherwise, requires that the ALJ 
issue a recommended determination in conjunction with any initial 
determination concerning violation of section 337.
    In connection with the final disposition of this investigation, the 
Commission may (1) issue an order that could result in the exclusion of 
the subject articles from entry into the United States, and/or (2) 
issue one or more cease-and-desist orders that could result in the 
respondent being required to cease and desist from engaging in unfair 
acts in the importation and sale of such articles. Accordingly, 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 likely to do so. For 
background, see In the Matter of Certain Devices for Connecting 
Computers via Telephone Lines, Inv. No. 337-TA-360, USITC Pub. No. 2843 
(December 1994) (Commission Opinion).
    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 U.S. Trade 
Representative, as delegated by the President, has 60 days to approve 
or disapprove the Commission's action. See Presidential Memorandum of 
July 21, 2005, 70 FR 43251 (July 26, 2005). During this period, the 
subject articles would be entitled to enter the United States under 
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 if a remedy is ordered.
    Written Submissions: The parties to the investigation, interested 
government agencies, and any other interested parties are encouraged to 
file written submissions on the issues of remedy, the public interest, 
and bonding. Complainants and the IA are also requested to submit 
proposed remedial orders for the Commission's consideration. 
Complainants are also requested to state the dates that the patents 
expire and the HTSUS numbers under which the accused products are 
imported. The written submissions and proposed remedial orders must be 
filed no later than close of business on July 22, 2009. Reply 
submissions, if any, must be filed no later than the close of business 
on July 30, 2009. No further submissions on these issues will be 
permitted unless otherwise ordered by the Commission.
    Persons filing written submissions must file the original document 
and 12 true copies thereof on or before the deadlines stated above with 
the Office of the Secretary. Any person desiring to submit a document 
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 CFR 201.6. Documents 
for which confidential treatment by the Commission is sought will be 
treated accordingly. All nonconfidential written submissions will be 
available for public inspection at the Office of the Secretary.
    The authority for the Commission's determination is contained in 
section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and 
in section 210.42 of the Commission's Rules of Practice and Procedure 
(19 CFR 210.42).

    Issued: July 7, 2009.

    By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
William R. Bishop,
Acting Secretary to the Commission.
[FR Doc. E9-16407 Filed 7-10-09; 8:45 am]
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