Certain Condensers, Parts Thereof and Products Containing Same, Including Air Conditioners for Automobiles; Notice of Commission Determination To Institute Advisory Opinion Proceedings

[Federal Register Volume 64, Number 46 (Wednesday, March 10, 1999)]
[Notices]
[Page 11948]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-5933]



[[Page 11948]]

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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-334 (Advisory Opinion Proceedings)]


Certain Condensers, Parts Thereof and Products Containing Same, 
Including Air Conditioners for Automobiles; Notice of Commission 
Determination To Institute Advisory Opinion Proceedings

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined to institute advisory opinion proceedings in 
the above-captioned investigation.

FOR FURTHER INFORMATION CONTACT: Jean Jackson, Esq., Office of the 
General Counsel, U.S. International Trade Commission, telephone 202-
205-3104. Hearing impaired persons are advised that information on the 
matter can be obtained by contacting the Commission's TDD terminal at 
202-205-1810. General information concerning the Commission may also be 
obtained by accessing its Internet server (http://www.usitc.gov).

SUPPLEMENTARY INFORMATION: This investigation was instituted on January 
23, 1992, based on a complaint filed by Modine Manufacturing Company 
(Modine). 57 Fed. Reg. 2784. The investigation terminated with a 
finding of no violation of section 337. The U.S. Court of Appeals for 
the Federal Circuit, however, reversed that determination in Modine 
Manufacturing Co. v. USITC, 75 F.3d 1545 (Fed. Cir. 1996), and remanded 
the investigation to the Commission to redetermine various issues 
involving claim construction and infringement. The Commission, in turn, 
remanded the investigation to an administrative law judge (ALJ). On 
December 2, 1996, the ALJ issued an ID finding a violation of section 
337 by respondents. The Commission modified the ALJ's ID slightly, but 
adopted its finding of violation and issued a limited exclusion order 
against respondents Showa Aluminum Corporation of Japan and Showa 
Aluminum Corporation of America (collectively, Showa) on August 20, 
1997. The Commission's limited exclusion order was based on a finding 
that Showa's imported ``SC'' models of condensers for automobile air 
conditioning systems infringed claims 9 and 10 of U.S. Letters Patent 
4,998,580 (the `580 patent), held by complainant Modine.
    On December 22, 1998, Showa filed a petition for an advisory 
opinion under Commission rule 210.79(a) that would declare that a new 
condenser model that Showa has developed does not infringe the claims 
in controversy of the `580 patent. On January 12, 1999, Showa filed a 
corrected petition. The Commission examined Showa's petition for an 
advisory opinion and has determined that it complies with the 
requirements for institution of an advisory opinion proceeding under 
Commission rule 210.79(a). Accordingly, the Commission determined to 
institute an advisory opinion proceeding and referred Showa's petition 
to the presiding ALJ for issuance of an initial advisory opinion.
    This action is taken under the authority of section 337 of the 
Tariff Act of 1930, 19 U.S.C. 1337, and Commission rule 210.79(a), 19 
CFR 210.79(a).
    Copies of the public version of Showa's petition, 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 S.W., Washington, D.C. 
20436, telephone 202-205-2000.

    By order of the Commission.

    Issued: March 4, 1999.
Donna R. Koehnke,
Secretary.
[FR Doc. 99-5933 Filed 3-9-99; 8:45 am]
BILLING CODE 7020-02-P