[Federal Register: November 17, 2004 (Volume 69, Number 221)]
[Notices]
[Page 67362-67364]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17no04-79]
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INTERNATIONAL TRADE COMMISSION
[Inv. No. 337-TA-505]
Certain Gun Barrels Used in Firearms Training Systems; Notice of
Request for Written Submissions on Remedy, the Public Interest, and
Bonding With Respect to Respondents Found in Default
AGENCY: International Trade Commission.
ACTION: Notice.
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SUMMARY: Notice is hereby given that the Commission is requesting
briefing on remedy, public interest, and bonding with respect to the
respondents found in default in the above-captioned investigation.
FOR FURTHER INFORMATION CONTACT: Michael Haldenstein, Esq., Office of
the General Counsel, U.S. International Trade Commission, 500 E Street,
SW., Washington, DC 20436, telephone (202) 205-3041. 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
(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
[[Page 67363]]
contacting the Commission's TDD terminal on (202) 205-1810.
SUPPLEMENTARY INFORMATION: This patent-based section 337 investigation
was instituted by the Commission based on a complaint filed by Beamhit,
LLC, and Safeshot, LLC, both of Columbia, Maryland, and Safeshot, Inc.,
of New York, New York. 69 FR 12346 (March 16, 2004). The complainants
alleged 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 gun barrels used in firearms training
systems by reason of infringement of claims 1, 2, 4, 5, 8, 15, 21, 22,
and 26 of U.S. Patent No. 5,829,180 and claims 1-3, 7, 9, 14-18, 20,
24, 27, 32, 33, 37-40, 44, 45, 49-51, and 54 of U.S. Patent No.
6,322,365. The complaint named Widec S.A. D[eacute]colletage
(``Widec''), of Moutier, Switzerland, AMI Corp. SA (``AMI''), of
Moutier Switzerland, Crown AirMunition Holding, of Hilversum, The
Netherlands, AirMunition International Corp. of Hilversum, The
Netherlands, AirMunition Industries S.A., of Belprahon-Moutier,
Switzerland, and AirMunition North America, Inc., of Norcross Georgia
as respondents.
On April 27, 2004, complainants filed a motion, pursuant to
Commission Rule 210.16, for an order to show cause and entry of a
default judgement against Crown AirMunition Holding, AirMunition
International Corp., AMI Corp. SA, and AirMunition North America
(collectively ``the AirMunition respondents''). The Commission
investigative attorney (``IA'') supported the motion. None of the
respondents filed a response to the motion. On May 12, 2004, the
administrative law judge (``ALJ''), issued a show cause order (Order
No. 6). The order required the AirMunition respondents to show cause
why they should not be held in default, having not responded to either
the complaint or the notice of investigation. The respondents did not
respond to the show cause order. On August 16, 2004, complainants filed
a motion for an order finding the AirMunition respondents in default
due to the respondents' failure to respond to the ALJ's show cause
order.
On September 2, 2004, the complainants and respondents Widec and
AMI filed a joint motion to terminate the investigation as to Widec and
AMI. The joint motion was based on a proposed consent order, filed
pursuant to a settlement agreement and a limited license. The IA filed
a response in support of the motion on September 13, 2004. The ALJ
issued an initial determination (``ID'') on September 21, 2004,
terminating the investigation as to Widec and AMI. No petitions for
review of this ID were filed. On October 12, 2004, the Commission
issued a notice indicating that it would not review the ID, thereby
making the ALJ's ID the Commission's final determination
On September 21, 2004, the ALJ issued an ID finding the AirMunition
respondents in default. Pursuant to Commission Rule 210.16(b)(3), the
ALJ also found that the AirMunition respondents had waived their right
to appear, be served with documents or contest the allegations in the
complaint. No petitions for review of this ID were filed. On October
12, 2004, the ALJ's ID became the Commission's final determination
after the Commission issued a notice indicating that it would not
review the ID.
On October 12, 2004, pursuant to Commission Rule of Practice and
Procedure 210.16(c)(1), 19 CFR Sec. 210.16(c)(1), complainants filed a
declaration seeking immediate entry of relief against the AirMunition
respondents.
Section 337(g)(1), 19 U.S.C. 1337(g)(1), and Commission Rule
210.16(c), 19 CFR 210.16(c), authorizes the Commission to order limited
relief against a respondent found in default unless, after
consideration of public interest factors, it finds that such relief
should not issue. The Commission may issue an order that could result
in the exclusion of the AirMunition respondents' products from entry
into the United States, and/or issue one or more cease and desist
orders that could result in the AirMunition respondents being required
to cease and desist from engaging in unfair acts in the importation and
sale of their products. 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 are 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).
When 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 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 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 the issues of remedy, the public interest,
and bonding. Complainants and the Commission investigative attorney are
also requested to submit proposed remedial orders for the Commission's
consideration. The written submissions and proposed remedial orders
must be filed no later than close of business on November 22, 2004.
Reply submissions must be filed no later than the close of business on
November 30, 2004. 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
(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 section 201.6 of the Commission's Rules of Practice and
Procedure, 19 CFR Sec. 201.6. Documents for which confidential
treatment by the Commission is sought will be treated accordingly. All
non-confidential written submissions will be available for
[[Page 67364]]
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. Sec.
1337), and in section 210.16(c) of the Commission's Rules of Practice
and Procedure (19 CFR Sec. 210.16(c)).
Issued: November 10, 2004.
By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 04-25499 Filed 11-16-04; 8:45 am]
BILLING CODE 7020-02-P