The investigation is based on a complaint filed by Mitsubishi Chemical Corporation of Tokyo, Japan, and Mitsubishi Chemical America, Inc., of White Plains, NY, on April 30, 1998. The complaint, as supplemented, alleges violations of section 337 of the Tariff Act of 1930 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 same that infringe U.S. patents owned by the two companies. In their complaint, the companies request that the ITC issue a permanent exclusion order and permanent cease and desist orders barring the importation into and sale within the United States of the allegedly infringing products.

The ITC has identified the following companies as respondents in the investigation:

AEG Elektrofotografie GmbH, of Warstein, Germany;
AEG Photoconductor Corp., of Hamilton, OH;
Dainippon Ink & Chemicals, Inc., of Tokyo, Japan;
DIC Trading (USA), Inc., of Fort Lee, NJ;
Fuji Electric Co., Ltd., of Tokyo, Japan;
Fuji Denki of Hong Kong;
U.S. Fuji Electric, Inc., of Piscataway, NJ;
Shindengen Electric Manufacturing Co., Ltd., of Tokyo, Japan;
Lumphun Shindengen Co., Ltd., of Lumphun, Thailand;
Shindengen America, Inc., of Westlake Village, CA;
Sinonar Corp. of Hsinchu, Taiwan; and,
Yamanashi Electronics Co., Ltd., of Kofu, Japan.

By instituting this investigation (337-TA-411), the ITC has not yet made any decision on the merits of the case. The case will be referred to an ITC administrative law judge, who will schedule and hold an evidentiary hearing. The administrative law judge will make an initial determination as to whether there is a violation of section 337; that initial determination is subject to review by the Commission.

The ITC will make a final determination in the investigation at the earliest practicable time. Within 45 days after institution of the investigation, the ITC will set a target date for completing the investigation. ITC remedial orders in section 337 cases are effective when issued and become final 60 days after issuance unless disapproved for policy reasons by the President of the United States within that 60-day period.