Certain Dielectric Miniature Microwave Filters and Multiplexers Containing Same; Commission Determination To Modify in Part and To Affirm in Part an Initial Determination Granting Temporary Relief and To Issue a Limited Temporary Exclusion Order, Subject to the Posting of Bond by Complainant

INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-359]

Certain Dielectric Miniature Microwave Filters and Multiplexers

Containing Same; Commission Determination To Modify in Part and To

Affirm in Part an Initial Determination Granting Temporary Relief and

To Issue a Limited Temporary Exclusion Order, Subject to the Posting of

Bond by Complainant

AGENCY: International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the U.S. International Trade

Commission has determined to modify in part and affirm in part the

presiding administrative law judge's (ALJ's) initial determination (ID)

in the above-captioned investigation, and to issue a limited temporary

exclusion order.

FOR FURTHER INFORMATION CONTACT: Matthew T. Bailey, Esq., Office of the

General Counsel, U.S. International Trade Commission, telephone 202-

205-3108.

SUPPLEMENTARY INFORMATION: On October 4, 1993, Space Systems/Loral,

Inc. (SSL) filed a complaint and a motion for temporary relief with the

Commission alleging violations of section 337 in the importation, the

sale for importation, and the sale within the United States after

importation of certain dielectric miniature microwave filters and

multiplexers containing same. SSL's complaint alleged infringement of

claims 1, 3, 7-11, and 14 of U.S. Letters Patent 4,489,293 (the '293

patent). The motion for temporary relief was limited to claims 1 and 14

of the '293 patent.

The Commission instituted an investigation into the allegations of

SSL's complaint, and provisionally accepted SSL's motion for temporary

relief, and published a notice to that effect in the Federal Register.

58 FR 60877-78 (November 18, 1993). The notice named Com Dev Ltd. (Com

Dev) of Ontario, Canada as the only respondent.

The presiding administrative law judge (ALJ) held an evidentiary

hearing on SSL's motion for temporary relief from January 12 to January

22, 1994. Com Dev actively participated in the hearing. The Commission

received submissions on the issues of remedy, the public interest, and

bonding, from all parties.

On March 17, 1994, the ALJ issued an initial determination (ID)

granting SSL's motion for temporary relief. All parties filed written

comments and responses to each other's comments.

The Commission, having considered the ID, the comments and

responses of the parties, and the record in this investigation,

determined to modify the ID in one minor respect, and to affirm the ID

in all other respects.

The Commission, having determined that there is reason to believe

that there is a violation of section 337 in the importation, sale for

importation, or sale in the United States after importation of the

accused miniature microwave filters, and having determined that

temporary relief is warranted, considered the issues of the appropriate

form of such relief, whether the public interest precludes issuance of

such relief, complainant's bond, and respondent's bond during the

period such relief is in effect. The Commission determined that a

limited temporary exclusion order is the appropriate form of temporary

relief. The Commission further determined that the statutory public

interest factors do not preclude the issuance of such relief, that

respondents' bond during the period of the temporary limited exclusion

order shall be in the amount of $10,802 per imported miniature

microwave filter, and that complainant's bond shall be in the amount of

$100,000.

Commission interim rule 210.58(b)(3) sets forth the requirements

for posting of complainant's bond. Commission interim rule 210.58(b)(7)

requires that all bonds posted by complainant must be approved by the

Commission Secretary before the temporary relief which the bond will

secure will be issued. Consequently, issuance of the temporary relief

described in the preceding paragraph is subject to the posting and

approval of a complainant's bond in the amount of $100,000. Complainant

is to file its bond with the Commission Secretary within seven (7)

business days of publication of this notice in the Federal Register.

The authority for the Commission's determination is contained in

section 337 of the Tariff Act of 1930 (19 U.S.C. 1337), as amended, and

in Secs. 210.24 and 210.58 of the Commission's Interim Rules of

Practice and Procedure, 19 CFR 210.24 and 210.58.

Copies of the Commission's Order, the opinion in support thereof,

the ALJ's ID, and all 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 the matter can be

obtained by contacting the Commission's TDD terminal on 202-205-1810.

Issued: April 18, 1994.

By order of the Commission.

Donna R. Koehnke,

Secretary.

[FR Doc. 94-9791 Filed 4-21-94; 8:45 am]

BILLING CODE 7020-02-P