Certain Conductive Coated Abrasives; Investigation

INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-423]

Certain Conductive Coated Abrasives; Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Institution of investigation pursuant to 19 U.S.C. 1337.

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SUMMARY: Notice is hereby given that a complaint was filed with the

U.S. International Trade Commission on May 25, 1999, under section 337

of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of

Minnesota Mining Manufacturing Company of St. Paul Minnesota. A

supplement to the complaint was filed on June 16, 1999. The complaint,

as supplemented, alleges 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 conductive coated

abrasives by reason of infringement of claims 1, 15, 17, and 36 of U.S.

Letters Patent 5,108,463, as amended by Reexamination Certificate B1

5,108,463. The complaint further alleges that an industry in the United

States exists as required by subsection (a)(2) of section 337.

The complainant requests that the Commission institute an

investigation and, after a hearing, issue a permanent limited exclusion

order and permanent cease and desist orders.

[[Page 34679]]

ADDRESSES: The complaint, as supplemented, except for any confidential

information contained therein, is 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, Room

112, Washington, DC 20436, telephone 202-205-2000. Hearing-impaired

individuals are advised that information on this matter can be obtained

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

with mobility impairments who will need special assistance in gaining

access to the Commission should contact the Office of the Secretary at

202-205-2000. General information concerning the Commission may also be

obtained by accessing its internet server

(http://www.usitc.gov).

FOR FURTHER INFORMATION CONTACT: Smith R. Brittingham IV, Esq., Office

of Unfair Import Investigations, U.S. International Trade Commission,

telephone 202-205-2576.

Authority: The authority for institution of this investigation

is contained in section 337 of the Tariff Act of 1930, as amended,

and in section 210.10 of the Commission's Rules of Practice and

Procedure, 19 CFR 210.10 (1998).

Scope of Investigation

Having considered the complaint, the U.S. International Trade

Commission, on June 21, 1999, ordered that--

(1) Pursuant to subsection (b) of section 337 of the Tariff Act of

1930, as amended, an investigation be instituted to determine whether

there is a violation of subsection (a)(1)(B) of section 337 in the

importation into the United States, the sale for importation, or the

sale within the United States after importation of certain conductive

coated abrasives by reason of infringement of claims 1,15, 17, or 36 of

U.S. Letters Patent 5,108,463, as amended by Reexamination Certificate

B1 5,108,463, and whether an industry in the United States exists as

required by subsection (a)(2) of section 337.

(2) For the purpose of the investigation so instituted, the

following are hereby named as parties upon which this notice of

investigation shall be served:

(a) The complainant is--Minnesota Mining and Manufacturing Company,

3M Center, P.O. Box 33427, St. Paul, Minnesota 55133.

(b) The respondents are the following companies alleged to be in

violation of section 337, and are the parties upon which the complaint

is to be served:

KWH Mirka Ab Oy, Pensalant 210, Jepua FI-66850, FINLAND

Mirka Abrasives, Inc., 7950 Bavaria Road, Twinsburg, Ohio 44087, USA

(c) Smith R. Brittingham IV, Esq., Office of Unfair Import

Investigations, U.S. International Trade Commission, 500 E Street, SW,

Room 401-M, Washington, DC 20436, who shall be the Commission

investigative attorney, party to this investigation; and

(3) For the investigation so instituted, the Honorable Sidney

Harris is designated as the presiding administrative law judge.

Responses to the complaint and the notice of investigation must be

submitted by the named respondents in accordance with Sec. 210.13 of

the Commission's Rules of Practice and Procedure, 19 CFR 210.13.

Pursuant to 19 CFR 201.16(d) and 210.13(a), such responses will be

considered by the Commission if received no later than 20 days after

the date of service by the Commission of the complaint and notice of

investigation. Extensions of time for submitting responses to the

complaint will not be granted unless good cause therefor is shown.

Failure of a respondent to file a timely response to each

allegation in the complaint and in this notice may be deemed to

constitute a waiver of the right to appear and contest the allegations

of the complaint and this notice, and to authorize the administrative

law judge and the Commission, without further notice to the respondent,

to find the facts to be as alleged in the complaint and this notice and

to enter both an initial determination and a final determination

containing such findings, and may result in the issuance of a limited

exclusion order or a cease and desist order or both directed against

such respondent.

Issued: June 22, 1999.

By order of the Commission.

Donna R. Koehnke,

Secretary.

[FR Doc. 99-16404 Filed 6-25-99; 8:45 am]

BILLING CODE 7020-02-M