[Federal Register: December 14, 2001 (Volume 66, Number 241)]
[Notices]
[Page 64856-64857]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14de01-72]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-448]
In the Matter of Certain Oscillating Sprinklers, Sprinkler
Components, and Nozzles; Request for Written Submissions on Remedy, the
Public Interest, and Bonding
AGENCY: International Trade Commission.
ACTION: Notice.
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SUMMARY: Notice is hereby given that the U.S. International Trade
Commission is requesting briefing on remedy, the public interest, and
bonding in the above-captioned investigation. The Commission previously
found the only remaining respondent in the investigation to be in
default.
FOR FURTHER INFORMATION CONTACT: Laurent de Winter, Esq., Office of the
General Counsel, U.S. International Trade Commission, 500 E Street,
SW., Washington, DC 20436, telephone 202-708-5452. General information
concerning the Commission may also 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-ON-Line) at http://dockets.usitc.gov/eol.public. Hearing-impaired
persons are advised that information on the matter can be obtained by
contacting the Commission's TDD terminal on 202-205-1810. 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.
SUPPLEMENTARY INFORMATION: The Commission instituted this
investigation, which concerns allegations of unfair acts in violation
of section 337 of the Tariff Act of 1930 in the importation and sale of
certain oscillating sprinklers, sprinkler components, and nozzles, on
February 9, 2001. 66 FR 9721.
On June 12, 2001, the Commission determined not to review the
presiding administrative law judge's (``ALJ'') initial determination
(``ID'') (Order No. 7) finding respondent Watex International Co. Ltd.,
(``Watex'') to be in default for claims pending against it relating to
U.S. Letters Patent 5,645,218, (``the `218 patent'') and U.S. Letters
Patent 5,511,727 (``the `727 patent''). On October 1, 2001, complainant
L.R. Nelson Corp. (``Nelson'') filed a declaration seeking, pursuant to
section 337(g)(1) and rule 210.16(c)(1), entry of a limited exclusion
order against Watex barring importation into the United States of Watex
sprinklers infringing the claims in issue of the `218 and `727 patents.
In its declaration, Nelson did not seek issuance of a cease and desist
order against Watex.
On September 13, 2001, Nelson moved to withdraw all allegations
related to U.S. Letters Patent 6,036,117 (``the `117 patent'') from the
investigation. On September 25, 2001, the ALJ issued an ID (Order No.
26) granting the motion to withdraw the allegations relating to the
`117 patent, and on October 26, 2001, the Commission determined not to
review that ID. This withdrawal terminated the investigation with
respect to all respondents except Watex, which still has claims
relating to the `218 and `727 patents pending against it.
Section 337(g)(1), 19 U.S.C. (g)(1), authorizes the Commission to
order
[[Page 64857]]
limited relief against a respondent found in default unless, after
consideration of public interest factors, it finds that such relief
should not issue. If the Commission decides to issue a limited
exclusion order, it must consider what the amount of the bond should be
during the Presidential review period.
In connection with the final disposition of this investigation, the
only potential remedy is a limited exclusion order that would result in
the exclusion of sprinklers manufactured by Watex from entry into the
United States. Accordingly, the Commission is interested in receiving
written submissions that address the scope of such an order. If a party
seeks exclusion of an article from entry into the United States for
purposes other than entry for consumption, it 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 a remedy, it must consider the
effects of that remedy upon the public interest. The factors the
Commission will consider in this investigation include the effect that
a limited exclusion order 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 issues a limited exclusion order, the President
has 60 days to approve or disapprove the Commission's action. During
this period, the subject articles would be entitled to enter the United
States under a 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.
Written Submissions
The parties to the investigation, interested government agencies,
and any other interested parties are encouraged to file written
submissions on remedy, the public interest, and bonding. Complainant
and the Commission investigative attorney are also requested to submit
proposed limited exclusion orders for the Commission's consideration.
The written submissions and proposed remedial orders must be filed no
later than close of business on January 11, 2002. Reply submissions, if
any, must be filed no later than the close of business on January 18,
2002. No further submissions on these issues will be permitted unless
otherwise ordered by the Commission.
Persons filing written submissions must file with the Office of the
Secretary the original document and 14 true copies thereof on or before
the deadlines stated above. Any person desiring to submit a document
(or portion thereof) 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 Sec. 201.6 of the Commission's rules of practice and
procedure, 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.
This action is taken under the authority of section 337 of the
Tariff Act of 1930, 19 U.S.C. 1337, and Sec. 210.16 of the Commission's
rules of practice and procedure, 19 CFR 210.16.
Issued: December 11, 2001.
By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 01-30924 Filed 12-13-01; 8:45 am]
BILLING CODE 7020-02-P