In the Matter of Certain Ground Fault Interrupters and Products Containing Same; Notice of Commission Decision Not To Review an Initial Determination Granting a Motion To Amend the Complaint and Notice of Investigation, 2274-2275 [E8-411]

Download as PDF rmajette on PROD1PC64 with NOTICES 2274 Federal Register / Vol. 73, No. 9 / Monday, January 14, 2008 / Notices Limited disclosure of business proprietary information (BPI) under an administrative protective order (APO) and BPI service list.—Pursuant to section 207.7(a) of the Commission’s rules, the Secretary will make BPI gathered in these reviews available to authorized applicants under the APO issued in the reviews, provided that the application is made by 45 days after publication of this notice. Authorized applicants must represent interested parties, as defined by 19 U.S.C. 1677(9), who are parties to the reviews. A party granted access to BPI following publication of the Commission’s notice of institution of the reviews need not reapply for such access. A separate service list will be maintained by the Secretary for those parties authorized to receive BPI under the APO. Staff report.—The prehearing staff report in the reviews will be placed in the nonpublic record on March 24, 2008, and a public version will be issued thereafter, pursuant to section 207.64 of the Commission’s rules. Hearing.—The Commission will hold a hearing in connection with the reviews beginning at 9:30 a.m. on April 17, 2008, at the U.S. International Trade Commission Building. Requests to appear at the hearing should be filed in writing with the Secretary to the Commission on or before April 9, 2008. A nonparty who has testimony that may aid the Commission’s deliberations may request permission to present a short statement at the hearing. All parties and nonparties desiring to appear at the hearing and make oral presentations should attend a prehearing conference to be held at 9:30 a.m. on April 9, 2008, at the U.S. International Trade Commission Building. Oral testimony and written materials to be submitted at the public hearing are governed by sections 201.6(b)(2), 201.13(f), 207.24, and 207.66 of the Commission’s rules. Parties must submit any request to present a portion of their hearing testimony in camera no later than 7 business days prior to the date of the hearing. Written submissions.—Each party to the reviews may submit a prehearing brief to the Commission. Prehearing briefs must conform with the provisions of section 207.65 of the Commission’s rules; the deadline for filing is April 2, 2008. Parties may also file written testimony in connection with their presentation at the hearing, as provided in section 207.24 of the Commission’s rules, and posthearing briefs, which must conform with the provisions of section 207.67 of the Commission’s rules. The deadline for filing posthearing briefs is April 28, 2008; VerDate Aug<31>2005 15:22 Jan 11, 2008 Jkt 214001 witness testimony must be filed no later than three days before the hearing. In addition, any person who has not entered an appearance as a party to the reviews may submit a written statement of information pertinent to the subject of the reviews on or before April 28, 2008. On May 22, 2008, the Commission will make available to parties all information on which they have not had an opportunity to comment. Parties may submit final comments on this information on or before May 27, 2008, but such final comments must not contain new factual information and must otherwise comply with section 207.68 of the Commission’s rules. All written submissions must conform with the provisions of section 201.8 of the Commission’s rules; any submissions that contain BPI must also conform with the requirements of sections 201.6, 207.3, and 207.7 of the Commission’s rules. The Commission’s rules do not authorize filing of submissions with the Secretary by facsimile or electronic means, except to the extent permitted by section 201.8 of the Commission’s rules, as amended, 67 FR 68036 (November 8, 2002). Even where electronic filing of a document is permitted, certain documents must also be filed in paper form, as specified in II (C) of the Commission’s Handbook on Electronic Filing Procedures, 67 FR 68168, 68173 (November 8, 2002). Additional written submissions to the Commission, including requests pursuant to section 201.12 of the Commission’s rules, shall not be accepted unless good cause is shown for accepting such submissions, or unless the submission is pursuant to a specific request by a Commissioner or Commission staff. In accordance with sections 201.16(c) and 207.3 of the Commission’s rules, each document filed by a party to the reviews must be served on all other parties to the reviews (as identified by either the public or BPI service list), and a certificate of service must be timely filed. The Secretary will not accept a document for filing without a certificate of service. Authority: These reviews are being conducted under authority of title VII of the Tariff Act of 1930; this notice is published pursuant to section 207.62 of the Commission’s rules. By order of the Commission. Issued: January 8, 2008. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E8–416 Filed 1–11–08; 8:45 am] BILLING CODE 7020–02–P PO 00000 Frm 00063 Fmt 4703 Sfmt 4703 INTERNATIONAL TRADE COMMISSION Investigation No. 337-TA–615 In the Matter of Certain Ground Fault Interrupters and Products Containing Same; Notice of Commission Decision Not To Review an Initial Determination Granting a 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. 7) issued by the presiding administrative law judge (‘‘ALJ’’) granting a motion to amend the complaint and notice of investigation in the above-captioned investigation. 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 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 September 18, 2007, based on a complaint filed by Pass & Seymour, Inc. (‘‘Pass & Seymour’’) of Syracuse, New York. The complaint, as supplemented, 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 ground fault interrupters and products containing the same by reason of infringement of certain claims of U.S. Patent Nos.: 5,594,398; RE38,293; 7,154,718; 7,164,564; 7,212,386; and 7,256,973. The complaint named 15 respondents. On November 15, 2007, Pass & Seymour filed a motion to amend the E:\FR\FM\14JAN1.SGM 14JAN1 Federal Register / Vol. 73, No. 9 / Monday, January 14, 2008 / Notices complaint and the notice of investigation (1) to remove respondent Lunar Industrial & Electrical, Inc. from the investigation; (2) to add U.S. Patent 7,283,340 to the investigation; (3) to make changes relating to the names, addresses, and affiliations of certain respondents; and (4) to amend information relating to Harmonized Tariff Schedule item numbers. Respondent Wenzhou Trimone Science and Technology Electric Co. filed a response in opposition to the motion. The Commission investigative attorney did not oppose the motion. On December 6, 2007, finding good cause to amend the complaint and notice of investigation, the ALJ granted the motion by ID. No petitions for review were filed. The Commission has determined not to review the subject ID. 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 sections 210.14 and 210.42 of the Commission’s Rules of Practice and Procedure (19 CFR 210.14, 210.42). By order of the Commission. Issued: January 4, 2008. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E8–411 Filed 1–11–08; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Inv. No. 337–TA–628] In the Matter of: Certain Computer Products, Computer Components and Products Containing Same; Notice of Investigation U.S. International Trade Commission. ACTION: Institution of investigation pursuant to 19 U.S.C. 1337. rmajette on PROD1PC64 with NOTICES AGENCY: SUMMARY: Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on December 5, 2007, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of International Business Machines Corporation of Armonk, New York. 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 computer products, computer components and products containing same by reason of infringement of certain claims of U.S. Patent Nos. 5,008,829; 5,249,741; and 5,371,852. The complaint further alleges that an VerDate Aug<31>2005 15:22 Jan 11, 2008 Jkt 214001 industry in the United States exists as required by subsection (a)(2) of section 337. The complainant requests that the Commission institute an investigation and, after the investigation, issue an exclusion order and cease and desist orders. The complaint, except for any confidential information contained therein, is 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., 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://edis.usitc.gov. FOR FURTHER INFORMATION CONTACT: Heidi E. Strain, Esq., Office of Unfair Import Investigations, U.S. International Trade Commission, telephone (202) 205–2606. 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 (2007). Scope of Investigation: Having considered the complaint, the U.S. International Trade Commission, on January 3, 2008, 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 computer products, computer components and products containing same by reason of infringement of one or more of claims 1 and 2 of U.S. Patent No. 5,008,829; claim 1 of U.S. Patent No. 5,249,741; and claims 1, 8, 13, 14, 22, and 23 of U.S. Patent No. 5,371,852, and whether an industry in the United States exists as required by subsection (a)(2) of section 337; ADDRESSES: PO 00000 Frm 00064 Fmt 4703 Sfmt 4703 2275 (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—International Business Machines Corporation, New Orchard Road, Armonk, New York 10504. (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: ASUSTeK Computer, Inc., 4F No. 15 LiTe Road, Peitou Taipei, Taiwan. ASUS Computer International, 44370 Nobel Drive, Fremont, California 94538. (c) The Commission investigative attorney, party to this investigation, is Heidi E. Strain, 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 Theodore R. Essex 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 an exclusion order or cease and a desist order or both directed against the respondent. By order of the Commission. Issued: January 8, 2008. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E8–412 Filed 1–11–08; 8:45 am] BILLING CODE 7020–02–P E:\FR\FM\14JAN1.SGM 14JAN1

Agencies

INTERNATIONAL TRADE COMMISSION

[Federal Register Volume 73, Number 9 (Monday, January 14, 2008)]
[Notices]
[Pages 2274-2275]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-411]


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INTERNATIONAL TRADE COMMISSION

 Investigation No. 337-TA-615


In the Matter of Certain Ground Fault Interrupters and Products 
Containing Same; Notice of Commission Decision Not To Review an Initial 
Determination Granting a Motion To Amend the Complaint and Notice of 
Investigation

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 not to review an initial determination 
(``ID'') (Order No. 7) issued by the presiding administrative law judge 
(``ALJ'') granting a motion to amend the complaint and notice of 
investigation in the above-captioned investigation.

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 
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 
September 18, 2007, based on a complaint filed by Pass & Seymour, Inc. 
(``Pass & Seymour'') of Syracuse, New York. The complaint, as 
supplemented, 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 ground fault interrupters and products 
containing the same by reason of infringement of certain claims of U.S. 
Patent Nos.: 5,594,398; RE38,293; 7,154,718; 7,164,564; 7,212,386; and 
7,256,973. The complaint named 15 respondents.
    On November 15, 2007, Pass & Seymour filed a motion to amend the

[[Page 2275]]

complaint and the notice of investigation (1) to remove respondent 
Lunar Industrial & Electrical, Inc. from the investigation; (2) to add 
U.S. Patent 7,283,340 to the investigation; (3) to make changes 
relating to the names, addresses, and affiliations of certain 
respondents; and (4) to amend information relating to Harmonized Tariff 
Schedule item numbers. Respondent Wenzhou Trimone Science and 
Technology Electric Co. filed a response in opposition to the motion. 
The Commission investigative attorney did not oppose the motion.
    On December 6, 2007, finding good cause to amend the complaint and 
notice of investigation, the ALJ granted the motion by ID. No petitions 
for review were filed. The Commission has determined not to review the 
subject ID.
    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 sections 210.14 and 210.42 of the Commission's Rules of Practice and 
Procedure (19 CFR 210.14, 210.42).

    By order of the Commission.
    Issued: January 4, 2008.
Marilyn R. Abbott,
Secretary to the Commission.
 [FR Doc. E8-411 Filed 1-11-08; 8:45 am]
BILLING CODE 7020-02-P

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