In the Matter of

Investigation No. 337-TA-406


Consolidated Enforcement and Advisory Opinion Proceedings


AGENCY: U.S. International Trade Commission.

ACTION: Notice.

SUMMARY: Notice is hereby given that the U.S. International Trade Commission has determined not to review an initial determination (ID) transforming the status of a party from that of a respondent in the advisory opinion proceedings in the above-captioned investigation to that of a respondent in both the enforcement proceedings and the advisory opinion proceedings.

FOR FURTHER INFORMATION CONTACT: Jean Jackson, Esq., telephone 202-205-3104, Office of the General Counsel, U.S. International Trade Commission, 500 E Street, S.W., Washington, D.C. 20436. Copies of all 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, D.C. 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-ON-LINE) at http://dockets.usitc.gov/eol/public. Hearing-impaired persons are advised that information on the matter can be obtained by contacting the Commission's TDD terminal on 202-205-1810.

SUPPLEMENTARY INFORMATION: This investigation was instituted on March 25, 1998, based on a complaint by Fuji Photo Film Co., Ltd. (Fuji) of Tokyo, Japan, alleging unfair acts in violation of section 337 of the Tariff Act of 1930 by several respondents in the importation and sale of certain lens-fitted film packages (i.e., disposable cameras) that infringed one or more claims of 15 patents held by complainant Fuji. 63 Fed. Reg. 14474 (March 25, 1998). On June 2, 1999, the Commission terminated the investigation, finding a violation of section 337 by all the respondents by reason of infringement of various claims of all 15 patents. 64 Fed. Reg. 30541 (June 8, 1999). The Commission issued a general exclusion order prohibiting the importation of disposable cameras that infringe any of the claims of the patents at issue.

On June 27, 2001, Fuji filed a "Complaint for Enforcement Proceedings Under Rule 210.75, Petition for Modification Under Rule 210.76 and/or Request for Advisory Opinion Under Rule 210.79." Fuji named 20 entities as respondents. These entities either held an opinion from the U.S. Customs Service (Customs) advising that certain camera models could be imported under the Commission's general exclusion order or were actually importing and/or selling cameras allegedly in violation of the Commission order. Some respondents in the latter category also held opinions from Customs. Fuji withdrew its complaint against three named respondents on July 20, 2001.

Based on Fuji's filing, the Commission determined to institute advisory opinion proceedings and named the 17 remaining entities as respondents. 66 Fed. Reg. 140721 (Aug. 3, 2001). The Commission further determined to institute enforcement proceedings against the 12 respondents who were accused of actually importing cameras in violation of the Commission's general exclusion order. Id. These proceedings were consolidated. Id. The Commission did not name Highway Holdings Ltd. (Highway) as an enforcement respondent because Fuji had not made specific allegations of importation and/or sales against Highway.

On August 24, 2001, Fuji moved to transform Highway into an enforcement and advisory opinion respondent based on evidence that Highway was importing and selling allegedly infringing cameras. Highway did not deny Fuji's allegation concerning importation and sales. On September 13, 2001, the ALJ granted Fuji's motion based on Fuji's undenied allegations of importation. No petitions for review of the ID were filed.

This action is taken under the authority of section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and section 210.42(h)(3) of the Commission's Rules of Practice and Procedure (19 C.F.R. 210.42(h)(3)).

By order of the Commission.

Donna R. Koehnke


Issued: October 3, 2001