[Federal Register: September 19, 2003 (Volume 68, Number 182)]
[Notices]
[Page 54915-54916]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19se03-89]
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INTERNATIONAL TRADE COMMISSION
[Inv. No. 337-TA-493]
Certain Zero-Mercury-Added Alkaline Batteries, Parts Thereof, and
Products Containing Same; Notice of a Commission Determination Not to
Review an Initial Determination Amending the Complaint and Notice of
Investigation To Add a Respondent to the Investigation
AGENCY: International Trade Commission.
ACTION: Notice.
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SUMMARY: Notice is hereby given that the U.S. International Trade
Commission has determined not to review an initial determination
(``ID'') of the presiding administrative law judge (``ALJ'') granting
the motion of complainants to amend the complaint and notice of
investigation to add Hitachi Maxell, Ltd. as a respondent.
FOR FURTHER INFORMATION CONTACT: Michael K. Haldenstein, Esq., Office
of the General Counsel, U.S. International Trade Commission, telephone
(202) 205-3041. Copies of the ALJ's ID and all
[[Page 54916]]
other 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. Hearing-impaired persons are advised
that information on this matter can be obtained by contacting the
Commission's TDD terminal on (202) 205-1810. 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.
SUPPLEMENTARY INFORMATION: The Commission instituted this investigation
on May 27, 2003, based on a complaint filed by complainants Energizer
Holdings, Inc. and Eveready Battery Co., Inc., both of St. Louis, MO,
68 FR 32771 (2003). The complaint as amended 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 zero-mercury-added alkaline
batteries, parts thereof, and products containing same by reason of
infringement of claims 1-12 of U.S. Patent No. 5,464,709. The complaint
further alleges that an industry in the United States exists as
required by subsection (a)(2) of section 337. The complainants
requested that the Commission issue a general exclusion order and cease
and desist orders. The Commission named as respondents 26 companies
located in the United States, China, Indonesia, and Japan. Id. The ALJ
has set September 2, 2004, as the target date for completion of the
investigation.
The ALJ issued the subject ID on August 20, 2003. The ID grants the
motion of complainants to add Hitachi Maxell, Ltd. of Tokyo, Japan as a
respondent in the investigation and amend the complaint and notice of
investigation to reflect this fact. The ALJ found that Hitachi Maxell,
Ltd. is the parent corporation of another respondent in the
investigation, Maxell Corporation of America. He also found that
Hitachi Maxell, Ltd. has information that is relevant to the
investigation and which is necessary for building a complete record.
Therefore, he concluded that Hitachi Maxell, Ltd. should be added as a
respondent in the investigation.
This action is taken under the authority of section 337 of the
Tariff Act of 1930, as amended, 19 U.S.C.1337, and Commission rule
210.42, 19 CFR 210.42.
Issued: September 12, 2003.
By order of the Commission.
Marilyn R. Abbott,
Secretary.
[FR Doc. 03-23918 Filed 9-18-03; 8:45 am]
BILLING CODE 8040-01-P