In the Matter of Certain GPS Devices and Products Containing Same; Notice of Investigation, 25777-25778 [E7-8624]

Download as PDF pwalker on PROD1PC71 with NOTICES Federal Register / Vol. 72, No. 87 / Monday, May 7, 2007 / Notices (‘‘ID’’) finding no violation of Section 337 of the Tariff Act of 1930 (19 U.S.C. **1337) with regard to the abovecaptioned investigation. On review, the Commission has determined to take no position on the ALJ’s findings concerning the economic prong of the domestic industry requirement. Accordingly, the Commission has terminated the investigation with a finding of no violation of Section 337. FOR FURTHER INFORMATION CONTACT: Christal A. Sheppard, Esq., Office of the General Counsel, U.S. International Trade Commission, 500 E Street, SW., Washington, DC 20436, telephone (202) 708–2301. Copies of non-confidential 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. General information concerning the Commission may also be obtained by accessing its Internet server at https://www.usitc.gov. The public record for this investigation may be viewed on the Commission’s electronic docket (EDIS) at https:// edis.usitc.gov. Hearing-impaired persons are advised that information on this matter can be obtained by contacting the Commission’s TDD terminal on (202) 205–1810. SUPPLEMENTARY INFORMATION: This investigation was instituted on February 7, 2006, based on a complaint filed by Solomon Technologies, Inc., of Tarpon Springs, Florida (‘‘Solomon’’). The complaint, as amended, alleged violations of Section 337 of the Tariff Act of 1930 (19 U.S.C. 1337) in the importation into the United States, the sale for importation, and the sale within the United States after importation of certain combination motor and transmission systems and devices used therein, and products containing same by reason of infringement of claims 1– 5, 7, 8, 10, and 12 of United States Patent No. 5,067,932 (‘‘the ’932 patent’’). 71 FR 7574. Only claim 7 of the ’932 patent was asserted against the respondents at the hearing. However, Solomon relied upon claim 1 of the patent-in-suit to meet the technical prong of the domestic industry requirement. The amended complaint named Toyota Motor Corporation of Japan; Toyota Motor Engineering & Manufacturing North America, Inc. of Erlanger, Kentucky; Toyota Motor Manufacturing Kentucky, Inc. of Georgetown, Kentucky; and Toyota Motor Sales, U.S.A., Inc., of Torrance, California as respondents. VerDate Aug<31>2005 18:36 May 04, 2007 Jkt 211001 On February 13, 2007, the ALJ issued an ID finding no violation of Section 337 with regard to respondents’ products because he found claim 7 to be invalid and not infringed. Moreover, he found no domestic industry involving the asserted patent. Complainants and the Office of Unfair Import Investigations (‘‘OUII’’) each filed petitions for review on February 26, 2007. Respondents filed a joint reply on March 5, 2007. Also on March 5, 2007, OUII filed a response to Solomon’s petition for review and Solomon filed a response to OUII’s petition for review. Having considered the petitions for review, the oppositions thereto, and the relevant portions of the record, the Commission has determined to review the ID in part. On review, the Commission has determined to take no position on the ALJ’s findings concerning the economic prong of the domestic industry requirement. The remainder of the ID has become the Commission’s final determination. See 19 CFR 210.42(h). This action is taken under the authority of section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, and sections 210.42(c) and (h) of the Commission’s Rules of Practice and Procedure, 19 CFR 210.42(c) and (h). Issued: April 30, 2007. By order of the Commission. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E7–8621 Filed 5–4–07; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 731–TA–921 (Review)] Folding Gift Boxes From China Determination On the basis of the record 1 developed in the subject five-year review, the United States International Trade Commission (Commission) determines, pursuant to section 751(c) of the Tariff Act of 1930 (19 U.S.C. 1675(c)) (the Act), that revocation of the antidumping duty order on folding gift boxes from China would be likely to lead to continuation or recurrence of material injury to an industry in the United States within a reasonably foreseeable time. 1 The record is defined in § 207.2(f) of the Commission’s Rules of Practice and Procedure (19 CFR 207.2(f)). PO 00000 Frm 00042 Fmt 4703 Sfmt 4703 25777 Background The Commission instituted this review on December 1, 2006 (71 FR 69586) and determined on March 6, 2007 that it would conduct an expedited review (72 FR 13512, March 22, 2007). The Commission transmitted its determination in this review to the Secretary of Commerce on April 30, 2007. The views of the Commission are contained in USITC Publication 3917 (April 2007), entitled Folding Gift Boxes From China: Investigation No. 731–TA– 921 (Review). By order of the Commission. Issued: May 1, 2007. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E7–8623 Filed 5–4–07; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Inv. No. 337–TA–602] In the Matter of Certain GPS Devices and Products Containing Same; Notice of Investigation U.S. International Trade Commission. ACTION: Institution of investigation pursuant to 19 U.S.C. 1337. AGENCY: SUMMARY: Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on April 2, 2007, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Global Locate, Inc. of San Jose, California. A letter supplementing the complaint was filed on April 18, 2007. The complaint 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 GPS devices and products containing same by reason of infringement of certain claims of U.S. Patent Nos. 6,417,801, 6,606,346, 6,651,000, 6,704,651, 6,937,187, and 7,158,080. The complaint further alleges that an industry in the United States exists or is in the process of being established as required by subsection (a)(2) of section 337. The complainant requests that the Commission institute an investigation and, after the investigation, issue a permanent exclusion order and permanent cease and desist orders. ADDRESSES: The complaint and supplement, except for any confidential information contained therein, are available for inspection during official business hours (8:45 a.m. to 5:15 p.m.) E:\FR\FM\07MYN1.SGM 07MYN1 25778 Federal Register / Vol. 72, No. 87 / Monday, May 7, 2007 / Notices 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 at https:// www.usitc.gov. The public record for this investigation may be viewed on the Commission’s electronic docket (EDIS) at https://www.usitc.gov/secretary/ edis.htm. Vu Q. Bui, Esq., Office of Unfair Import Investigations, U.S. International Trade Commission, telephone (202) 205–2582. FOR FURTHER INFORMATION CONTACT: pwalker on PROD1PC71 with NOTICES 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 (2006). Scope of Investigation: Having considered the amended complaint, the U.S. International Trade Commission, on April 30, 2007, 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 GPS devices or products containing same by reason of infringement of one or more of claims 1 and 17 of U.S. Patent No. 6,417,801; claims 1, 3–5, 8–17, 19–21, and 23 of U.S. Patent No. 6,606,346; claims 1–5, 9, 10, 11–14, 29–31, and 33 of U.S. Patent No. 6,651,000; claims 1 and 2 of U.S. Patent No. 6,704,651; claims 1 and 9 of U.S. Patent No. 6,937,187; and claims 1– 3, 12, 15, 16, 19, 20, 22–24, 26, 28–31, and 33–35 of U.S. Patent No. 7,158,080, and whether an industry in the United States exists or is in the process of being established 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—Global Locate, Inc., 3190 South Bascom Avenue, San Jose, Califonia 95124. VerDate Aug<31>2005 18:36 May 04, 2007 Jkt 211001 (b) The respondents are the following entities alleged to be in violation of section 337, and are the parties upon which the complaint is to be served: SiRF Technology, Inc., 217 Devcon Drive, San Jose, California 95112. E–TEN Corp., No. 256, Yangguang Street, Neihu Chiu, Taipei, Taiwan 114, Taiwan. Pharos Science & Applications, Inc., 411 Amapola Avenue, Torrance, California 90501. MiTAC International Corporation, No. 200 Wen Hwa 2nd Road, Kuei Shan Hsiang, Taoyuan, Taiwan. Mio Technology Limited, USA, 47988 Fremont Boulevard, Fremont, California 94538. (c) The Commission investigative attorney, party to this investigation, is Vu Q. Bui, Esq., Office of Unfair Import Investigations, U.S. International Trade Commission, 500 E Street, SW., Suite 401, Washington, DC 20436; and (3) For the investigation so instituted, the Honorable Robert L. Barton, Jr. 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 section 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 not later than 20 days after the date of service by the Commission of the complaint and the notice of investigation. Extensions of time for submitting responses to the complaint and the notice of investigation 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 an initial determination and a final determination containing such findings, and may result in the issuance of a limited exclusion order or cease and desist order or both directed against the respondent. By order of the Commission. Issued: April 30, 2007. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E7–8624 Filed 5–4–07; 8:45 am] BILLING CODE 7020–02–P PO 00000 Frm 00043 Fmt 4703 Sfmt 4703 INTERNATIONAL TRADE COMMISSION [Investigation No. 731–TA–1089 (Final) (Remand)] Certain Orange Juice From Brazil United States International Trade Commission. ACTION: Notice of remand proceedings. AGENCY: SUMMARY: The U.S. International Trade Commission (‘‘Commission’’) hereby gives notice of the court-ordered remand of its determination in the antidumping Investigation No. 731–TA–1089 concerning certain orange juice from Brazil. For further information concerning the conduct of this proceeding and rules of general application, consult the Commission’s Rules of Practice and Procedure, part 201, subparts A through E (19 CFR part 201), and part 207, subpart A (19 CFR part 207). EFFECTIVE DATE: May 1, 2007. FOR FURTHER INFORMATION CONTACT: Debra Baker, Office of Investigations, telephone 202–205–3180, or David Goldfine, Office of General Counsel, telephone 202–708–5452, U.S. International Trade Commission, 500 E Street, SW., Washington, DC 20436. Hearing-impaired persons can obtain information on this matter 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 (https:// www.usitc.gov). The public record of Investigation No. 731–TA–1088 may be viewed on the Commission’s electronic docket (‘‘EDIS’’) at https://edis.usitc.gov. SUPPLEMENTARY INFORMATION: Background. In March 2006, the Commission determined that an industry in the United States was materially injured by reason of imports of certain orange juice from Brazil that were allegedly sold in the United States at less than fair value. The Commission’s determination was appealed to the U.S. Court of International Trade, which issued an opinion in the matter on April 12, 2007. See Tropicana Products, Inc. v. United States, Slip Op. 07–55 (Ct. Int’l Trade April 12, 2007). In its opinion, the U.S. Court of International Trade remanded the matter to the Commission for further proceedings not inconsistent with that opinion. E:\FR\FM\07MYN1.SGM 07MYN1

Agencies

[Federal Register Volume 72, Number 87 (Monday, May 7, 2007)]
[Notices]
[Pages 25777-25778]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-8624]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-602]


In the Matter of Certain GPS Devices and Products Containing 
Same; Notice of Investigation

AGENCY: U.S. International Trade Commission.

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

-----------------------------------------------------------------------

SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on April 2, 2007, under section 337 
of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
Global Locate, Inc. of San Jose, California. A letter supplementing the 
complaint was filed on April 18, 2007. The complaint 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 GPS devices and products containing same by reason of 
infringement of certain claims of U.S. Patent Nos. 6,417,801, 
6,606,346, 6,651,000, 6,704,651, 6,937,187, and 7,158,080. The 
complaint further alleges that an industry in the United States exists 
or is in the process of being established as required by subsection 
(a)(2) of section 337.
    The complainant requests that the Commission institute an 
investigation and, after the investigation, issue a permanent exclusion 
order and permanent cease and desist orders.

ADDRESSES: The complaint and supplement, except for any confidential 
information contained therein, are available for inspection during 
official business hours (8:45 a.m. to 5:15 p.m.)

[[Page 25778]]

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 at 
https://www.usitc.gov. The public record for this investigation may be 
viewed on the Commission's electronic docket (EDIS) at https://
www.usitc.gov/secretary/edis.htm.

FOR FURTHER INFORMATION CONTACT: Vu Q. Bui, Esq., Office of Unfair 
Import Investigations, U.S. International Trade Commission, telephone 
(202) 205-2582.

    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 (2006).

    Scope of Investigation: Having considered the amended complaint, 
the U.S. International Trade Commission, on April 30, 2007, 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 GPS devices 
or products containing same by reason of infringement of one or more of 
claims 1 and 17 of U.S. Patent No. 6,417,801; claims 1, 3-5, 8-17, 19-
21, and 23 of U.S. Patent No. 6,606,346; claims 1-5, 9, 10, 11-14, 29-
31, and 33 of U.S. Patent No. 6,651,000; claims 1 and 2 of U.S. Patent 
No. 6,704,651; claims 1 and 9 of U.S. Patent No. 6,937,187; and claims 
1-3, 12, 15, 16, 19, 20, 22-24, 26, 28-31, and 33-35 of U.S. Patent No. 
7,158,080, and whether an industry in the United States exists or is in 
the process of being established 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--Global Locate, Inc., 3190 South Bascom 
Avenue, San Jose, Califonia 95124.
    (b) The respondents are the following entities alleged to be in 
violation of section 337, and are the parties upon which the complaint 
is to be served:

SiRF Technology, Inc., 217 Devcon Drive, San Jose, California 95112.
E-TEN Corp., No. 256, Yangguang Street, Neihu Chiu, Taipei, Taiwan 114, 
Taiwan.
Pharos Science & Applications, Inc., 411 Amapola Avenue, Torrance, 
California 90501.
MiTAC International Corporation, No. 200 Wen Hwa 2nd Road, Kuei Shan 
Hsiang, Taoyuan, Taiwan.
Mio Technology Limited, USA, 47988 Fremont Boulevard, Fremont, 
California 94538.

    (c) The Commission investigative attorney, party to this 
investigation, is Vu Q. Bui, Esq., Office of Unfair Import 
Investigations, U.S. International Trade Commission, 500 E Street, SW., 
Suite 401, Washington, DC 20436; and
    (3) For the investigation so instituted, the Honorable Robert L. 
Barton, Jr. 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 section 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 not later than 20 days after 
the date of service by the Commission of the complaint and the notice 
of investigation. Extensions of time for submitting responses to the 
complaint and the notice of investigation 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 an initial determination and a final determination containing 
such findings, and may result in the issuance of a limited exclusion 
order or cease and desist order or both directed against the 
respondent.

    By order of the Commission.

     Issued: April 30, 2007.

Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E7-8624 Filed 5-4-07; 8:45 am]
BILLING CODE 7020-02-P
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