In the Matter of Certain Coupler Devices for Power Supply Facilities, Components Thereof, and Products Containing Same, 58883-58884 [E7-20409]

Download as PDF Federal Register / Vol. 72, No. 200 / Wednesday, October 17, 2007 / Notices INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–590] In the Matter of Certain Coupler Devices for Power Supply Facilities, Components Thereof, and Products Containing Same U.S. International Trade Commission. ACTION: Notice of Commission decision not to review an initial determination finding eight respondents in default; request for written submissions on remedy, the public interest, and bonding. sroberts on PROD1PC70 with NOTICES AGENCY: SUMMARY: Notice is hereby given that the U.S. International Trade Commission has determined not to review an initial determination (‘‘ID’’) (Order No. 39) issued by the presiding administrative law judge (‘‘ALJ’’) finding eight respondents in default. The eight respondents found in default are the last remaining respondents in this investigation. Accordingly, the Commission requests written submission, according to the schedule set forth below, on remedy, public interest, and bonding with respect to the respondents in default. FOR FURTHER INFORMATION CONTACT: Paul M. Bartkowski, Esq., Office of the General Counsel, U.S. International Trade Commission, 500 E Street, SW., Washington, DC 20436, telephone (202) 708–5432. 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 http://www.usitc.gov. The public record for this investigation may be viewed on the Commission’s electronic docket (EDIS) at http:// 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 January 19, 2007 based on a complaint filed by Topower Computer Industrial Co., Ltd. (‘‘Topower’’). The complaint 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 VerDate Aug<31>2005 19:05 Oct 16, 2007 Jkt 214001 certain coupler devices for power supply facilities, components thereof, and products containing the same by reason of infringement of U.S. Patent No. 6,935,902. On August 6, 2007, Topower filed a motion requesting an order directing respondents Aspire/Apevia International Corp., Ltd.; Xion/ Axpertec, Inc.; JPAC Computer, Inc., Sunbeam Co.; Super Flower Computer, Inc.; Taiwan Youngyear Electronics Co., Ltd.; Sun Pro Electronics Co., Ltd.; and Leadman Electronic Co., Ltd. (collectively, the ‘‘eight respondents’’) to show cause why they should not be found in default for failure to respond to the complaint and Notice of Investigation. On August 30, 2007, the ALJ issued Order No. 37, which ordered the eight respondents to show cause why they should not be found in default by September 14, 2007. No responses to Order No. 37 were filed. On September 25, 2007, the ALJ issued the subject ID, granting Topower’s motion because none of the eight respondents responded to Order No. 37. No petitions for review were filed. The Commission has determined not to review the subject ID. The eight respondents were the last remaining respondents in this investigation. The investigation has been terminated with respect to all other respondents based on settlement agreement, consent order, default, or withdrawal of allegations. Section 337(g)(1) and Commission Rule 210.16(c) authorize the Commission to order relief against a respondent found in default unless, after consideration of the public-interest factors, it finds that such relief should not issue. Topower has declared, pursuant to Commission Rule 210.16(c)(2), that it does not seek a general exclusion order. In conjunction with the final disposition of this investigation, therefore, the Commission may: (1) Issue an order that could result in the exclusion of articles manufactured or imported by any or all of the defaulting respondents; and/or (2) issue one or more cease and desist orders that could result in any or all of the defaulting respondents being required to cease and desist from engaging in unfair acts in the importation and sale of such articles. Accordingly, the Commission is interested in receiving written submissions that address the form of remedy, if any, that should be ordered. If a party seeks exclusion of an article from entry into the United States for purposes other than entry for consumption, the party should so indicate and provide information PO 00000 Frm 00080 Fmt 4703 Sfmt 4703 58883 establishing that activities involving other types of entry either are adversely affecting it or likely to do so. For background, see In the Matter of Certain Devices for Connecting Computers via Telephone Lines, Inv. No. 337–TA–360, USITC Pub. No. 2843 (December 1994) (Commission Opinion). If the Commission contemplates some form of remedy, it must consider the effects of that remedy upon the public interest. The factors the Commission will consider include the effect that an exclusion order and/or cease and desist orders would have on (1) the public health and welfare, (2) competitive conditions in the U.S. economy, (3) U.S. production of articles that are like or directly competitive with those that are subject to investigation, and (4) U.S. consumers. The Commission is therefore interested in receiving written submissions that address the aforementioned public interest factors in the context of this investigation. If the Commission orders some form of remedy, the U.S. Trade Representative, as delegated by the President, has 60 days to approve or disapprove the Commission’s action. See Presidential Memorandum of July 21, 2005, 70 FR 43251 (July 26, 2005). During this period, the subject articles would be entitled to enter the United States under bond, in an amount determined by the Commission and prescribed by the Secretary of the Treasury. The Commission is therefore interested in receiving submissions concerning the amount of the bond that should be imposed if a remedy is ordered. Written Submissions: The parties to the investigation, interested government agencies, and any other interested parties, are encouraged to file written submissions on the issues of remedy, the public interest, and bonding. Complainants and the Commission investigative attorney are also requested to submit proposed remedial orders for the Commission’s consideration. Complainants are further requested to state the dates that the patents expire and the HTSUS numbers under which the accused products are imported. The written submissions and proposed remedial orders must be filed no later than close of business on November 8, 2007. Reply submissions must be filed no later than the close of business on November 19, 2007. No further submissions on these issues will be permitted unless otherwise ordered by the Commission. Persons filing written submissions must file the original document and 12 true copies thereof with the Office of the Secretary on or before the E:\FR\FM\17OCN1.SGM 17OCN1 58884 Federal Register / Vol. 72, No. 200 / Wednesday, October 17, 2007 / Notices aforementioned deadlines. Any person desiring to submit a document to the Commission in confidence must request confidential treatment unless the information has already been granted such treatment during the proceedings. All such requests should be directed to the Secretary of the Commission and must include a full statement of the reasons why the Commission should grant such treatment. See 19 CFR 210.6. Documents for which confidential treatment by the Commission is sought will be treated accordingly. All nonconfidential written submissions will be available for public inspection at the Office of the Secretary. The authority for the Commission’s determination is contained in section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and in section 210.16 and 210.42–46 of the Commission’s Rules of Practice and Procedure (19 CFR 210.16; 210.42–46). Issued: October 12, 2007. By order of the Commission. William R. Bishop, Acting Secretary to the Commission. [FR Doc. E7–20409 Filed 10–16–07; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation Nos. 701–TA–451 and 731– TA–1126–1128 (Preliminary)] Certain Lightweight Thermal Paper From China, Germany, and Korea United States International Trade Commission. ACTION: Revised schedule for the subject investigations. sroberts on PROD1PC70 with NOTICES AGENCY: SUMMARY: On September 19, 2007, the Commission established a schedule for the conduct of the subject investigations (72 FR 54926, September 27, 2007). Subsequently, the Department of Commerce extended the date for its initiation of the investigations from October 9 to October 29, 2007. The Commission, therefore, is revising its schedule to conform with Commerce’s new schedule. The Commission’s new schedule for the investigations is as follows: The deadline for filing written briefs is October 18, 2007, the administrative deadline for transmitting determinations to Commerce is November 23, 2007, and the Commission’s views are due to be transmitted to Commerce on November 30, 2007. For further information concerning the conduct of these investigations and rules of general application, consult the VerDate Aug<31>2005 19:05 Oct 16, 2007 Jkt 214001 Commission’s Rules of Practice and Procedure, part 201, subparts A through E (19 CFR part 201), and part 207, subparts A and B (19 CFR part 207). DATES: Effective Date: October 17, 2007. FOR FURTHER INFORMATION CONTACT: Christopher J. Cassise (202–708–5408), Office of Investigations, 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 (http:// www.usitc.gov). The public record for these investigations may be viewed on the Commission’s electronic docket (EDIS) at http://edis.usitc.gov. Authority: These investigations are being conducted under authority of title VII of the Tariff Act of 1930; this notice is published pursuant to § 207.12 of the Commission’s rules. By order of the Commission. Issued: October 11, 2007. William R. Bishop, Acting Secretary to the Commission. [FR Doc. E7–20397 Filed 10–16–07; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation Nos. 337–TA–608 and 337– TA–612] In the Matter of Certain Nitrile Gloves and in the Matter of Certain Nitrile Rubber Gloves; Notice of Commission Decision Not To Review an Initial Determination Granting Complainant’s Motion To Amend the Complaint and Notice of Investigation U.S. International Trade Commission. ACTION: Notice. AGENCY: SUMMARY: Notice is hereby given that the U.S. International Trade Commission has determined not to review an initial determination (‘‘ID’’) (Order No. 21) issued by the presiding administrative law judge (‘‘ALJ’’) granting complainant’s motion to amend the complaint and notice of investigation. FOR FURTHER INFORMATION CONTACT: Michelle Walters, Office of the General Counsel, U.S. International Trade Commission, 500 E Street, SW., PO 00000 Frm 00081 Fmt 4703 Sfmt 4703 Washington, DC 20436, telephone (202) 708–5468. 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 http://www.usitc.gov. The public record for this investigation may be viewed on the Commission’s electronic docket (EDIS) at http:// 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: The Commission instituted Investigation No. 337–TA–608 on July 6, 2007, based on a complaint filed by Tillotson Corporation d.b.a. Best Manufacturing Company (‘‘Tillotson’’). The complaint alleges 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 nitrile gloves by reason of infringement of various claims in United States Patent No. Re. 35,616. The complaint named over thirty respondents. On September 19, 2007, the ALJ consolidated Investigation No. 337–TA–608 with Investigation No. 337–TA–612. On September 16, 2007, Tillotson filed a motion to amend the complaint and notice of investigation to add fourteen additional respondents: Ansell (Thailand) Ltd., Ansell Healthcare Products, LLC, Ansell Protective Products Inc., Top Glove Sdn. Bhd., TG Medical (USA) Inc., Hartalega Sdn. Bhd., Pharmatex USA Inc., Perusahaan Getah Asas Sdn. Bhd., Kossan Gloves Inc. d.b.a. Sintex, PT Haloni Jane, Shamrock Manufacturing Company Inc., Smart Glove Corporation Sdn. Bhd., YTY Industry (Manjung) Sdn. Bhd., and Delta Medical Supply Group, Inc. d.b.a. The Delta Group. The Commission investigative attorney supported the motion. Respondent Ansell Ltd. opposed the motion with respect to Ansell (Thailand), because Ansell asserted that Ansell (Thailand) does not manufacture TNT Blue Disposable Nitrile gloves as asserted and that the Touch N Tuff Powder Free nitrile gloves that it does manufacture are not within the scope of this investigation. On September 20, 2007, the ALJ granted Tillotson’s motion, finding that, E:\FR\FM\17OCN1.SGM 17OCN1

Agencies

[Federal Register Volume 72, Number 200 (Wednesday, October 17, 2007)]
[Notices]
[Pages 58883-58884]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-20409]



[[Page 58883]]

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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-590]


In the Matter of Certain Coupler Devices for Power Supply 
Facilities, Components Thereof, and Products Containing Same

AGENCY: U.S. International Trade Commission.

ACTION: Notice of Commission decision not to review an initial 
determination finding eight respondents in default; request for written 
submissions on remedy, the public interest, and bonding.

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

SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined not to review an initial determination 
(``ID'') (Order No. 39) issued by the presiding administrative law 
judge (``ALJ'') finding eight respondents in default. The eight 
respondents found in default are the last remaining respondents in this 
investigation. Accordingly, the Commission requests written submission, 
according to the schedule set forth below, on remedy, public interest, 
and bonding with respect to the respondents in default.

FOR FURTHER INFORMATION CONTACT: Paul M. Bartkowski, Esq., Office of 
the General Counsel, U.S. International Trade Commission, 500 E Street, 
SW., Washington, DC 20436, telephone (202) 708-5432. 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 
http://www.usitc.gov. The public record for this investigation may be 
viewed on the Commission's electronic docket (EDIS) at http://
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 January 
19, 2007 based on a complaint filed by Topower Computer Industrial Co., 
Ltd. (``Topower''). The complaint 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 coupler devices for power supply 
facilities, components thereof, and products containing the same by 
reason of infringement of U.S. Patent No. 6,935,902.
    On August 6, 2007, Topower filed a motion requesting an order 
directing respondents Aspire/Apevia International Corp., Ltd.; Xion/
Axpertec, Inc.; JPAC Computer, Inc., Sunbeam Co.; Super Flower 
Computer, Inc.; Taiwan Youngyear Electronics Co., Ltd.; Sun Pro 
Electronics Co., Ltd.; and Leadman Electronic Co., Ltd. (collectively, 
the ``eight respondents'') to show cause why they should not be found 
in default for failure to respond to the complaint and Notice of 
Investigation. On August 30, 2007, the ALJ issued Order No. 37, which 
ordered the eight respondents to show cause why they should not be 
found in default by September 14, 2007. No responses to Order No. 37 
were filed.
    On September 25, 2007, the ALJ issued the subject ID, granting 
Topower's motion because none of the eight respondents responded to 
Order No. 37. No petitions for review were filed. The Commission has 
determined not to review the subject ID.
    The eight respondents were the last remaining respondents in this 
investigation. The investigation has been terminated with respect to 
all other respondents based on settlement agreement, consent order, 
default, or withdrawal of allegations.
    Section 337(g)(1) and Commission Rule 210.16(c) authorize the 
Commission to order relief against a respondent found in default 
unless, after consideration of the public-interest factors, it finds 
that such relief should not issue. Topower has declared, pursuant to 
Commission Rule 210.16(c)(2), that it does not seek a general exclusion 
order.
    In conjunction with the final disposition of this investigation, 
therefore, the Commission may: (1) Issue an order that could result in 
the exclusion of articles manufactured or imported by any or all of the 
defaulting respondents; and/or (2) issue one or more cease and desist 
orders that could result in any or all of the defaulting respondents 
being required to cease and desist from engaging in unfair acts in the 
importation and sale of such articles. Accordingly, the Commission is 
interested in receiving written submissions that address the form of 
remedy, if any, that should be ordered. If a party seeks exclusion of 
an article from entry into the United States for purposes other than 
entry for consumption, the party should so indicate and provide 
information establishing that activities involving other types of entry 
either are adversely affecting it or likely to do so. For background, 
see In the Matter of Certain Devices for Connecting Computers via 
Telephone Lines, Inv. No. 337-TA-360, USITC Pub. No. 2843 (December 
1994) (Commission Opinion).
    If the Commission contemplates some form of remedy, it must 
consider the effects of that remedy upon the public interest. The 
factors the Commission will consider include the effect that an 
exclusion order and/or cease and desist orders would have on (1) the 
public health and welfare, (2) competitive conditions in the U.S. 
economy, (3) U.S. production of articles that are like or directly 
competitive with those that are subject to investigation, and (4) U.S. 
consumers. The Commission is therefore interested in receiving written 
submissions that address the aforementioned public interest factors in 
the context of this investigation.
    If the Commission orders some form of remedy, the U.S. Trade 
Representative, as delegated by the President, has 60 days to approve 
or disapprove the Commission's action. See Presidential Memorandum of 
July 21, 2005, 70 FR 43251 (July 26, 2005). During this period, the 
subject articles would be entitled to enter the United States under 
bond, in an amount determined by the Commission and prescribed by the 
Secretary of the Treasury. The Commission is therefore interested in 
receiving submissions concerning the amount of the bond that should be 
imposed if a remedy is ordered.
    Written Submissions: The parties to the investigation, interested 
government agencies, and any other interested parties, are encouraged 
to file written submissions on the issues of remedy, the public 
interest, and bonding. Complainants and the Commission investigative 
attorney are also requested to submit proposed remedial orders for the 
Commission's consideration. Complainants are further requested to state 
the dates that the patents expire and the HTSUS numbers under which the 
accused products are imported. The written submissions and proposed 
remedial orders must be filed no later than close of business on 
November 8, 2007. Reply submissions must be filed no later than the 
close of business on November 19, 2007. No further submissions on these 
issues will be permitted unless otherwise ordered by the Commission.
    Persons filing written submissions must file the original document 
and 12 true copies thereof with the Office of the Secretary on or 
before the

[[Page 58884]]

aforementioned deadlines. Any person desiring to submit a document to 
the Commission in confidence must request confidential treatment unless 
the information has already been granted such treatment during the 
proceedings. All such requests should be directed to the Secretary of 
the Commission and must include a full statement of the reasons why the 
Commission should grant such treatment. See 19 CFR 210.6. Documents for 
which confidential treatment by the Commission is sought will be 
treated accordingly. All nonconfidential written submissions will be 
available for public inspection at the Office of the Secretary.
    The authority for the Commission's determination is contained in 
section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and 
in section 210.16 and 210.42-46 of the Commission's Rules of Practice 
and Procedure (19 CFR 210.16; 210.42-46).

    Issued: October 12, 2007.

    By order of the Commission.
William R. Bishop,
Acting Secretary to the Commission.
 [FR Doc. E7-20409 Filed 10-16-07; 8:45 am]
BILLING CODE 7020-02-P