[Federal Register: September 8, 1999 (Volume 64, Number 173)]
[Notices]               
[Page 48850-48851]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08se99-86]                         

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International Trade Commission

[Investigation No. 337-TA-416]

 
Certain Compact Multipurpose Tools; Notice of Issuance of General 
Exclusion Order and Termination of Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that, having found violations of 
section 337 of the Tariff Act of 1930 as amended (19 U.S.C. 1337), the 
U.S. International Trade Commission has issued a general exclusion 
order under section 337(d) (19 U.S.C. 1337(d)) and has terminated the 
investigation.

FOR FURTHER INFORMATION CONTACT: P.N. Smithey, Office of the General 
Counsel, U.S. International Trade Commission, telephone 202-205-3061. 
General information concerning the Commission also may be obtained by 
accessing its Internet server (http://www.usitc.gov). Hearing-impaired 
individuals can obtain information concerning this matter by contacting 
the Commission's TDD terminal at 202-205-1810.

SUPPLEMENTARY INFORMATION: The Commission conducted the subject 
investigation to determine whether there is a violation of section 337 
of the Tariff Act of 1930 as amended (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 compact 
multipurpose tools that allegedly infringe claims of four U.S. design 
patents. The complainant was the patent owner, Leatherman Tool Group, 
Inc. Six firms were named as respondents: Suncoast of America, Inc.; 
Quan Da Industries; Kumasama Products Co., Ltd.; Jiangsu Hongbao Group, 
Corp.; SCIKO Chinalight, Ltd.; and Charles Amash Imports, Inc., d/b/a 
Grip On Tools. Grip On and Suncoast were terminated from the 
investigation on the basis of consent orders. The Commission found 
Jiangsu, Kumasama, Quan Da, and SCIKO to be in default in light of 
their failure to answer the complaint and notice of investigation in 
the manner prescribed by the Commission's rules and their failure to 
respond to orders directing them to show cause why they should not be 
found in default. By granting the complainant's motions for summary 
determination on various issues, the Commission determined that the 
latter four respondents violated section 337.<SUP>1</SUP>
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    \1\ See 63 FR 52287 (Sept. 30, 1998); 63 FR 70215 (Dec. 18, 
1998); and 64 FR 35679 (July 1, 1999).
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    The remaining issues for the Commission to decide were (1) the 
appropriate remedy for the aforesaid violations, (2) whether the 
statutory public interest factors precluded such relief, and (3) the 
amount of the bond during the Presidential review period under section 
337(j).<SUP>2</SUP> In making those determinations, the Commission was 
required to take into account the presiding administrative law judge's 
recommended determination (RD) on permanent relief and bonding under 19 
CFR 210.42(a)(2), as well as any written submissions from parties, the 
public, or other Federal agencies.<SUP>3</SUP> The Commission solicited 
but did not receive submissions from other agencies or members of the 
public.<SUP>4</SUP> Complainant Leatherman and the Commission 
investigative attorney each filed a written submission on remedy, the 
public interest, bonding, and the RD.
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    \2\ See 19 CFR 210.50(a) and 19 U.S.C. 1337(d), (f), (g), and 
(j)(3).
    \3\ See 19 CFR 210.42(a)(2) and 210.50(a)(4). See also 19 U.S.C. 
1337(b)(2) and S. Rept. No. 1298, 93d Cong. 2d Sess. at 195 (1974).
    \4\ Id. and 64 FR 35679 (July 1, 1999).
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    After considering the RD and the parties' submissions, the 
Commission determined that a general exclusion

[[Page 48851]]

order is the appropriate remedy for the violations found in the subject 
investigation, that the statutory public interest factors do not 
preclude such relief, and that the bond during the Presidential review 
period should be 100 percent of the imported articles' entered value.
    The Commission accordingly has terminated the investigation and 
issued a general exclusion order prohibiting the entry of imported 
tools covered by one or more of the following design patents: U.S. 
Letters Patent Des. 385,168, entitled ``Scissors,'' issued on October 
21, 1997; U.S. Letters Patent Des. 385,169, entitled ``Folding 
Scissors,'' issued on October 21, 1997; U.S. Letters Patent Des. 
385,170, entitled ``Folding Scissors,'' issued on October 21, 1997; and 
U.S. Letters Patent Des. 380,362, entitled ``Scissors,'' issued on July 
1, 1997.
    Nonconfidential copies of the Commission's Order and its Opinion on 
Remedy, the Public Interest, and Bonding, all other documents cited in 
this notice, and all other nonconfidential documents filed in the 
investigation are or will be made available for public inspection 
during official business hours (8:45 a.m. to 5:15 p.m.) in the 
Commission's Office of the Secretary, Dockets Branch, 500 E Street, 
SW., Room 112, Washington, DC 20436, telephone 202-205-1802.

    Issued: August 30, 1999.

    By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 99-23316 Filed 9-7-99; 8:45 am]
BILLING CODE 7020-02-P