In the Matter of Certain Coupler Devices for Power Supply Facilities, Components Thereof, and Products Containing Same; Notice of Commission Issuance of a Limited Exclusion Order Against the Infringing Products of Eight Respondents Found in Default And Issuance of Cease and Desist Orders Against the Five Domestic Defaulters; Termination of Investigation, 73882-73883 [E7-25235]

Download as PDF 73882 Federal Register / Vol. 72, No. 248 / Friday, December 28, 2007 / Notices accept a document for filing without a certificate of service. Parties are also advised to consult with 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) for provisions of general applicability concerning written submissions to the Commission. By order of the Commission. Issued: December 21, 2007. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E7–25236 Filed 12–27–07; 8:45 am] BILLING CODE 7020–02–P 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; Notice of Commission Issuance of a Limited Exclusion Order Against the Infringing Products of Eight Respondents Found in Default And Issuance of Cease and Desist Orders Against the Five Domestic Defaulters; Termination of Investigation U.S. International Trade Commission. ACTION: Notice. mstockstill on PROD1PC66 with NOTICES AGENCY: SUMMARY: Notice is hereby given that the U.S. International Trade Commission has issued a limited exclusion order against eight respondents found in default and cease and desist orders against the five domestic defaulters, and has terminated the above-captioned investigation under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337 (‘‘section 337’’). FOR FURTHER INFORMATION CONTACT: James A. Worth, Office of the General Counsel, U.S. International Trade Commission, 500 E Street, SW., Washington, DC 20436, telephone (202) 205–3065. 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 (http://www.usitc.gov). The public record for this investigation may be viewed on the Commission’s VerDate Aug<31>2005 22:27 Dec 27, 2007 Jkt 214001 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 patent-based section 337 investigation was instituted by the Commission based on a complaint filed by Topower Computer Industrial Co., Ltd. (‘‘Topower’’) of Xindian City, Taiwan. 72 FR 2554 (January 19, 2007). Topower alleged 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 coupler devices for power supply facilities, components thereof, and products containing same by reason of the infringement of one or more of claims 1–14 of U.S. Patent No. 6,935,902. The complaint named thirty respondents located in China, Germany, Taiwan, and the United States (California, North Carolina, and Minnesota). Topower originally requested a general exclusion order. The investigation was assigned to Administrative Law Judge (ALJ) Robert L. Barton, Jr., and subsequently reassigned to Judge Charles E. Bullock. Twenty-two respondents have been terminated from this investigation based on either a settlement agreement, consent order, or withdrawal of allegations. On August 6, 2007, Topower filed a motion for an order directing respondents Aspire/Apevia International, Ltd. (‘‘Aspire’’), Xion/ Axpertec, Inc. (‘‘Xion’’), JPAC Computer, Inc. (‘‘JPAC’’), Sunbeam Co. (‘‘Sunbeam’’), Super Flower Computer, Inc. (‘‘Super Flower’’), Taiwan Youngyear Electronics Co., Ltd. (‘‘Taiwan Youngyear’’), Sun Pro Electronics Co., Ltd. (‘‘Sun Pro’’), and Leadman Electronics Co., Ltd. (‘‘Leadman’’) to show cause why they should not be found in default for failure to respond to the Complaint and Notice of Investigation and advised that it was no longer seeking a general exclusion order. On August 30, 2007, the ALJ issued an order to show cause by September 14, 2007, why the respondents should not be found in default pursuant to Commission Rule 210.16. Order No. 37. On September 25, 2007, the ALJ issued an initial determination finding the eight respondents in default. Order No. 39. The Commission published notice in the Federal Register of its decision not to review this determination, and requested briefing from interested parties on remedy, the public interest, PO 00000 Frm 00126 Fmt 4703 Sfmt 4703 and bonding. 72 FR 58883 (October 17, 2007). The Commission investigative attorney (IA) submitted briefing on November 8, 2007. The IA proposed a limited exclusion order and cease and desist orders directed to infringing coupler devices, components thereof, and products containing same of the defaulted respondents. The IA recommended allowing entry under bond of 100 percent of entered value during the period of Presidential review. Topower agreed with the recommendations of the IA. The Commission found that each of the statutory requirements of section 337(g)(1)(A)–(E), 19 U.S.C. 1337(g)(1)(A)–(E), has been met with respect to the defaulting respondents. Accordingly, pursuant to section 337(g)(1), 19 U.S.C. 1337(g)(1), and Commission rule 210.16(c), 19 CFR 210.16(c), the Commission presumed the facts alleged in the complaint to be true. The Commission determined that the appropriate form of relief in this investigation includes a limited exclusion order prohibiting the unlicensed entry of certain coupler devices for power supply facilities, components thereof, and products containing same by reason of infringement of one or more of claims 1–14 of U.S. Patent No. 6,935,902. The order covers certain coupler devices for power supply facilities, components thereof, and products containing same that are manufactured abroad by or on behalf of, or imported by or on behalf of respondents Aspire, Xion, JPAC, Sunbeam, Super Flower, Taiwan Youngyear, Sun Pro, and Leadman, or any of their affiliated companies, parents, subsidiaries, or other related business entities, or their successors or assigns. The Commission also determined to issue cease and desist orders prohibiting domestic respondents Aspire, Xion, JPAC, Sunbeam, and Leadman from importing, selling, marketing, advertising, distributing, offering for sale, transferring (except for exportation), and soliciting U.S. agents or distributors for certain coupler devices for power supply facilities, components thereof, and products containing same covered by the abovementioned claims of U.S. Patent No. 6,935,902. The Commission further determined that the public interest factors enumerated in section 337(g)(1), 19 U.S.C. 1337(g)(1), do not preclude issuance of the limited exclusion order and cease and desist orders. Finally, the Commission determined that the bond under the limited exclusion order during the Presidential review period E:\FR\FM\28DEN1.SGM 28DEN1 Federal Register / Vol. 72, No. 248 / Friday, December 28, 2007 / Notices shall be in the amount of 100 percent of the entered value of the imported articles. The Commission’s orders were delivered to the President and the United States Trade Representative on the day of their issuance. The Commission has therefore terminated this investigation. 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 sections 210.16(c) and 210.41 of the Commission’s Rules of Practice and Procedure (19 CFR 210.16(c) and 210.41). Issued: December 20, 2007. By order of the Commission. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E7–25235 Filed 12–27–07; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 332–288] Ethyl Alcohol for Fuel Use: Determination of the Base Quantity of Imports United States International Trade Commission. ACTION: Notice of determination. mstockstill on PROD1PC66 with NOTICES AGENCY: SUMMARY: Section 423(c) of the Tax Reform Act of 1986, as amended (19 U.S.C. 2703 note), requires the United States International Trade Commission to determine annually the amount (expressed in gallons) that is equal to 7 percent of the U.S. domestic market for fuel ethyl alcohol during the 12-month period ending on the preceding September 30. This determination is to be used to establish the ‘‘base quantity’’ of imports of fuel ethyl alcohol with a zero percent local feedstock requirement that can be imported from U.S. insular possessions or CBERA-beneficiary countries. The base quantity to be used by U.S. Customs and Border Protection in the administration of the law is the greater of 60 million gallons or 7 percent of U.S. consumption, as determined by the Commission. For the 12-month period ending September 30, 2007, the Commission has determined the level of U.S. consumption of fuel ethyl alcohol to be 6.46 billion gallons; 7 percent of this amount is 452.5 million gallons (these figures have been rounded). Therefore, the base quantity for 2008 should be 452.5 million gallons. ADDRESSES: All Commission offices, including the Commission’s hearing VerDate Aug<31>2005 22:27 Dec 27, 2007 Jkt 214001 rooms, are located in the United States International Trade Commission Building, 500 E Street, SW., Washington, DC. All written submissions should be addressed to the Secretary, United States International Trade Commission, 500 E Street, SW., Washington, DC 20436. FOR FURTHER INFORMATION CONTACT: Douglas Newman, (202) 205–3328, douglas.newman@usitc.gov, in the Commission’s Office of Industries. For information on legal aspects of the investigation contact Mr. William Gearhart, william.gearhart@usitc.gov, of the Commission’s Office of the General Counsel at (202) 205–3091. The media should contact Margaret O’Laughlin, Office of External Relations (202–205– 1819 or margaret.olaughlin@usitc.gov). Hearing-impaired individuals may obtain information on this matter 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). 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. Background: Section 423(c) of the Tax Reform Act of 1986, as amended, which concerns local feedstock requirements for fuel ethyl alcohol imported by the United States from U.S. insular possessions or CBERA-beneficiary countries, requires that the Commission determine annually the amount that is equal to 7 percent of the U.S. domestic market for fuel ethyl alcohol. The Commission published its notice instituting this investigation in the Federal Register of March 21, 1990 (55 F.R. 10512), and published its most recent previous determination for the 2007 amount in the Federal Register of January 5, 2007 (72 F.R. 580). The Commission uses official statistics of the U.S. Department of Energy to make these determinations, as well as the PIERS database of the Journal of Commerce, which is based on U.S. export declarations. By order of the Commission. Issued: December 20, 2007. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E7–25175 Filed 12–27–07; 8:45 am] BILLING CODE 7020–02–P PO 00000 Frm 00127 Fmt 4703 Sfmt 4703 73883 INTERNATIONAL TRADE COMMISSION [Investigation Nos. 731–TA–1111–1113 (Final)] Glycine From India, Japan, and Korea United States International Trade Commission. ACTION: Revised schedule for the subject investigations. AGENCY: EFFECTIVE DATE: December 18, 2007. FOR FURTHER INFORMATION CONTACT: Russell Duncan (202–708–4727), Office of Investigations, U.S. International Trade Commission, 500 E Street, SW., Washington, DC 20436. Hearingimpaired 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. SUPPLEMENTARY INFORMATION: On September 28, 2007, the Commission established a schedule for the conduct of the final phase of the subject investigations (72 FR 55247). Although the Department of Commerce (‘‘Commerce’’) had not yet made its preliminary less than fair value determination (‘‘LTFV’’) regarding India, the Commission, for administrative purposes, included India in the investigation schedule, pending Commerce’s preliminary LTFV determination. On November 7, 2007, Commerce issued its preliminary determination in the investigation of glycine from India (72 FR 62827; as amended 72 FR 62826), and the Commission revised its schedule (72 FR 65060, November 19, 2007). On December 7, 2007, Commerce issued a notice of postponement of its final determination in the investigation of glycine from India (72 FR 69187). The Commission, therefore, is revising its schedule with respect to the investigation concerning India. The Commission’s revised schedule with respect to India is as follows: A supplemental brief addressing only Commerce’s final antidumping duty determination is due on April 8, 2008. The brief may not exceed five (5) pages in length. For further information concerning this investigation see the Commission’s E:\FR\FM\28DEN1.SGM 28DEN1

Agencies

[Federal Register Volume 72, Number 248 (Friday, December 28, 2007)]
[Notices]
[Pages 73882-73883]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-25235]


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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; Notice of 
Commission Issuance of a Limited Exclusion Order Against the Infringing 
Products of Eight Respondents Found in Default And Issuance of Cease 
and Desist Orders Against the Five Domestic Defaulters; Termination of 
Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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

SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has issued a limited exclusion order against eight 
respondents found in default and cease and desist orders against the 
five domestic defaulters, and has terminated the above-captioned 
investigation under section 337 of the Tariff Act of 1930, as amended, 
19 U.S.C. 1337 (``section 337'').

FOR FURTHER INFORMATION CONTACT: James A. Worth, Office of the General 
Counsel, U.S. International Trade Commission, 500 E Street, SW., 
Washington, DC 20436, telephone (202) 205-3065. 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 
(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 patent-based section 337 investigation 
was instituted by the Commission based on a complaint filed by Topower 
Computer Industrial Co., Ltd. (``Topower'') of Xindian City, Taiwan. 72 
FR 2554 (January 19, 2007). Topower alleged 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 
coupler devices for power supply facilities, components thereof, and 
products containing same by reason of the infringement of one or more 
of claims 1-14 of U.S. Patent No. 6,935,902. The complaint named thirty 
respondents located in China, Germany, Taiwan, and the United States 
(California, North Carolina, and Minnesota). Topower originally 
requested a general exclusion order. The investigation was assigned to 
Administrative Law Judge (ALJ) Robert L. Barton, Jr., and subsequently 
reassigned to Judge Charles E. Bullock. Twenty-two respondents have 
been terminated from this investigation based on either a settlement 
agreement, consent order, or withdrawal of allegations.
    On August 6, 2007, Topower filed a motion for an order directing 
respondents Aspire/Apevia International, Ltd. (``Aspire''), Xion/
Axpertec, Inc. (``Xion''), JPAC Computer, Inc. (``JPAC''), Sunbeam Co. 
(``Sunbeam''), Super Flower Computer, Inc. (``Super Flower''), Taiwan 
Youngyear Electronics Co., Ltd. (``Taiwan Youngyear''), Sun Pro 
Electronics Co., Ltd. (``Sun Pro''), and Leadman Electronics Co., Ltd. 
(``Leadman'') to show cause why they should not be found in default for 
failure to respond to the Complaint and Notice of Investigation and 
advised that it was no longer seeking a general exclusion order. On 
August 30, 2007, the ALJ issued an order to show cause by September 14, 
2007, why the respondents should not be found in default pursuant to 
Commission Rule 210.16. Order No. 37. On September 25, 2007, the ALJ 
issued an initial determination finding the eight respondents in 
default. Order No. 39. The Commission published notice in the Federal 
Register of its decision not to review this determination, and 
requested briefing from interested parties on remedy, the public 
interest, and bonding. 72 FR 58883 (October 17, 2007).
    The Commission investigative attorney (IA) submitted briefing on 
November 8, 2007. The IA proposed a limited exclusion order and cease 
and desist orders directed to infringing coupler devices, components 
thereof, and products containing same of the defaulted respondents. The 
IA recommended allowing entry under bond of 100 percent of entered 
value during the period of Presidential review. Topower agreed with the 
recommendations of the IA.
    The Commission found that each of the statutory requirements of 
section 337(g)(1)(A)-(E), 19 U.S.C. 1337(g)(1)(A)-(E), has been met 
with respect to the defaulting respondents. Accordingly, pursuant to 
section 337(g)(1), 19 U.S.C. 1337(g)(1), and Commission rule 210.16(c), 
19 CFR 210.16(c), the Commission presumed the facts alleged in the 
complaint to be true.
    The Commission determined that the appropriate form of relief in 
this investigation includes a limited exclusion order prohibiting the 
unlicensed entry of certain coupler devices for power supply 
facilities, components thereof, and products containing same by reason 
of infringement of one or more of claims 1-14 of U.S. Patent No. 
6,935,902. The order covers certain coupler devices for power supply 
facilities, components thereof, and products containing same that are 
manufactured abroad by or on behalf of, or imported by or on behalf of 
respondents Aspire, Xion, JPAC, Sunbeam, Super Flower, Taiwan 
Youngyear, Sun Pro, and Leadman, or any of their affiliated companies, 
parents, subsidiaries, or other related business entities, or their 
successors or assigns. The Commission also determined to issue cease 
and desist orders prohibiting domestic respondents Aspire, Xion, JPAC, 
Sunbeam, and Leadman from importing, selling, marketing, advertising, 
distributing, offering for sale, transferring (except for exportation), 
and soliciting U.S. agents or distributors for certain coupler devices 
for power supply facilities, components thereof, and products 
containing same covered by the above-mentioned claims of U.S. Patent 
No. 6,935,902. The Commission further determined that the public 
interest factors enumerated in section 337(g)(1), 19 U.S.C. 1337(g)(1), 
do not preclude issuance of the limited exclusion order and cease and 
desist orders. Finally, the Commission determined that the bond under 
the limited exclusion order during the Presidential review period

[[Page 73883]]

shall be in the amount of 100 percent of the entered value of the 
imported articles. The Commission's orders were delivered to the 
President and the United States Trade Representative on the day of 
their issuance.
    The Commission has therefore terminated this investigation. 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 
sections 210.16(c) and 210.41 of the Commission's Rules of Practice and 
Procedure (19 CFR 210.16(c) and 210.41).

    Issued: December 20, 2007.

    By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E7-25235 Filed 12-27-07; 8:45 am]
BILLING CODE 7020-02-P