Import investigations: Magnesium from— Organic photoconductor drums and products containing same,

[Federal Register: June 4, 1998 (Volume 63, Number 107)]

[Notices]

[Page 30513-30514]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr04jn98-92]

INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-411]

Certain Organic Photoconductor Drums and Products Containing the Same; Notice of Investigation

AGENCY: U.S. International Trade Commission.

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

SUMMARY: Notice is hereby given that a complaint was filedwith the U.S. International Trade Commission on April 30, 1998, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. Sec. 1337, on behalf of Mitsubishi Chemical Corporation, 5-2, Marunouchi, 2-chome, Chiyoda-ku, Tokyo 100 Japan, and Mitsubishi Chemical America, Inc., One North Lexington Avenue, White Plains, New York 10601. Supplements to the complaint were filedon May 18 and May 28, 1998, and a letter withdrawing the complaint as to two of the proposed respondents was filedon May 26, 1998. 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 organic photoconductor drums and products containing the same that infringe claim 1 of U.S. Letters Patent 4,680,246 and claims 1, 2, 3, 5, and 7 of U.S. Letters Patent 4,396,696. The complaint further alleges that there exists an industry in the United States as required by subsection (a)(2) of section 337.

The complainants request that the Commission institute an investigation and, after a hearing, issue a permanent exclusion order and permanent cease and desist orders.

ADDRESSES: The complaint and supplement, 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

[[Page 30514]]

advised that information on this matter can be obtained by contacting the Commission's TDD terminal on 202-205-1810. Persons 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 also be obtained by accessing its internet server (http://www.usitc.gov).

FOR FURTHER INFORMATION CONTACT: Jeffrey R. Whieldon, Esq., Office of Unfair Import Investigations, U.S. International Trade Commission, telephone 202-205-2580.

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 Sec. 210.10 (1997).

Scope of Investigation: Having considered the complaint, the U.S. International Trade Commission, on May 29, 1998, Ordered That--

(1) Pursuant to subsection (b) of section 337 of the Tariff Act of 1930, as amended, an investigation be instituted to determine 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 organic photoconductor drums or products containing the same by reason of infringement of claim 1 of U.S. Letters Patent 4,680,246 or claims 1, 2, 3, 5, or 7 of U.S. Letters Patent 4,396,696, 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 complainants are--

Mitsubishi Chemical Corporation 5-2, Marunouchi, 2-chome, Chiyoda-ku, Tokyo 100 Japan Mitsubishi Chemical America, Inc., One North Lexington Avenue, White Plains, New York 10601

(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:

AEG Elektrofotografie GmbH, Emil-Siepmann-Strasse 40, D-59581 Warstein, Germany AEG Photoconductor Corp., 27 Kiesland Court, Hamilton, Ohio 45015-1375 Dainippon Ink & Chemicals, Inc., DIC Building 3-7-20, Nihonbashi, Chuo- ku, Tokyo 103, Japan DIC Trading (USA), Inc., 222 Bridge Plaza South, Fort Lee, New Jersey 07024 Fuji Electric Co., Ltd., Shinjuku Koyama Bldg., 30-3, Yoyogi 4-chome, Shibuya-ku, Tokyo 151, Japan Fuji Denki, Hong Kong Fuji Denki Plant 8 Dai Fu Street Tai Po, Industrial Estate N.T. Hong Kong U.S. Fuji Electric, Inc., 240 Circle Drive North, Piscataway, New Jersey 08854 Shindengen Electric Manufacturing Co., Ltd., Ikebukuro Bldg., 13-23, 1- chome, Minami-Ikebukuro, Toshima-ku, Tokyo 171, Japan Lumphun Shindengen Co., Ltd., Northern Region Industrial Estate, 105 M00 4 Bangland, Muang, Lumphun 51000 Thailand Shindengen America, Inc., 2649 Townsgate Road, Suite 200, Westlake Village, California 91361 Sinonar Corp., 8 Prosperity Road 1, Science-Based Industrial Park, Hsinchu, Taiwan Yamanashi Electronics Co., Ltd., 1014, Miyaharacho, Kofu, YMA 400 Japan

(c) Jeffrey R. Whieldon, Esq., Office of Unfair Import Investigations, U.S. International Trade Commission, 500 E Street, S.W., Room 401-H, Washington, D.C. 20436, 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 C.F.R. Sec. 210.13. Pursuant to 19 C.F.R. Secs. 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: May 29, 1998.

By order of the Commission. Donna R. Koehnke, Secretary.

[FR Doc. 98-14865Filed6-3-98; 8:45 am]

BILLING CODE 7020-02-P