In the Matter of Certain Refrigerators and Components Thereof; Notice of Investigation, 10285-10286 [E8-3575]

Agencies

• INTERNATIONAL TRADE COMMISSION

[Federal Register Volume 73, Number 38 (Tuesday, February 26, 2008)]
[Notices]
[Pages 10285-10286]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-3575]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-632]


In the Matter of Certain Refrigerators and Components Thereof; 
Notice of Investigation

AGENCY: U.S. International Trade Commission.

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

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SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on January 23, 2008, under section 
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
Whirlpool Patents Company of St. Joseph, Michigan; Whirlpool 
Manufacturing Corporation of St. Joseph, Michigan; Whirlpool 
Corporation of Benton Harbor, Michigan; and Maytag Corporation of 
Benton Harbor, Michigan. A supplement to the complaint was filed on 
February 11, 2008. The complaint, as supplemented, alleges violations 
of section 337 based

[[Page 10286]]

upon the importation into the United States, the sale for importation, 
and the sale within the United States after importation of certain 
refrigerators and components thereof that infringe certain claims of 
U.S. Patent Nos. 6,082,130; 6,810,680; 6,915,644; 6,971,730; and 
7,240,980. The complaint, as supplemented, further alleges that an 
industry in the United States exists as required by subsection (a)(2) 
of section 337.
    The complainants request that the Commission institute an 
investigation and, after the investigation, issue an exclusion order 
and cease and desist orders.

ADDRESSES: The complaint, as supplemented, 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: Rett Snotherly, Esq., Office of Unfair 
Import Investigations, U.S. International Trade Commission, telephone 
(202) 205-2599.

    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, as 
supplemented, the U.S. International Trade Commission, on February 20, 
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 
refrigerators and components thereof that infringe on one or more of 
claims 1, 2, 4, 6, 8, and 9 of U.S. Patent No. 6,082,130; claims 1-14 
of U.S. Patent No. 6,810,680; claims 1-13 of U.S. Patent No. 6,915,644; 
claims 2, 3, 7-12, 22-24, and 29 of U.S. Patent No. 6,971,730; and 
claims 1 and 3-20 of U.S. Patent 7,240,980, and whether an industry in 
the United States exists 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 complainants are--

Whirlpool Patents Company, 500 Renaissance Drive, Suite 102, St. 
Joseph, Michigan 49085.

Whirlpool Manufacturing Corporation, 500 Renaissance Drive, Suite 
102, St. Joseph, Michigan 49085.

Whirlpool Corporation, 2000 North M-63, Benton Harbor, Michigan 
49022.

Maytag Corporation, 2000 North M-63, Benton Harbor, Michigan 49022.

    (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:

LG Electronics, Inc., LG Twin Towers, 20 Yeouido-dong, 
Yeoungdeungpo-gu, Seoul, 150-721, South Korea.

LG Electronics, USA, Inc., 1000 Sylvan Ave., Englewood Cliffs, New 
Jersey 07632.

LG Electronics Monterrey, Mexico, S.A., DE, CV, Av. Industrias 180, 
Fracc Industrial Pimsa Ote., 66603 Apodaca, Nuevo Leon, Mexico.

    (c) The Commission investigative attorney, party to this 
investigation, is Rett Snotherly, Esq., Office of Unfair Import 
Investigations, U.S. International Trade Commission, 500 E Street, SW., 
Room 401Q, 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 desist orders or both directed against the respondent.

    By order of the Commission.

    Issued: February 21, 2008.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E8-3575 Filed 2-25-08; 8:45 am]
BILLING CODE 7020-02-P