In the Matter of: Certain Lighting Control Devices Including Dimmer Switches and Parts Thereof; Notice of Investigation, 21820-21821 [E9-10928]

Download as PDF 21820 Federal Register / Vol. 74, No. 89 / Monday, May 11, 2009 / Notices MICHIGAN INTERNATIONAL TRADE COMMISSION Oakland County, McCoy, Kittie C., House, 1455 Benstein Rd., Commerce, 08001105, LISTED, 3/25/09 NEW YORK Allegany County, Centerville Town Hall, Fairview Rd., Centerville, 09000154, LISTED, 3/25/09 Livingston County, Engleside, 9086 McNair Rd., Dansville vicinity, 09000156, LISTED, 3/23/09 NEW YORK Orange County, Echo Lawn Estate, River Rd. at Stone Gate Dr., Balmville vicinity, 09000157, LISTED, 3/23/09 NEW YORK Orange County, Milliken-Smith Farm, 279 Bailey Rd., Montgomery vicinity, 09000158, LISTED, 3/25/09 NORTH CAROLINA Cleveland County, Double Shoals Cotton Mill, 199 Old Mill Rd., Double Shoals vicinity, 08000775, LISTED, 3/24/09 Belmont County, Friends Boarding School and Ohio Yearly Meetinghouse Historic District, 61830 Sandy Ridge Rd., Barnesville vicinity, 09000168, LISTED, 3/25/09 VIRGINIA Charlottesville Independent City, Oakhurst-Gildersleeve Neighborhood Historic District, Oakhurst Circle, Gildersleeve Wood, Valley Rd., Valley Circle, and part of Maywood Ln., and Jefferson Park Ave., Charlottesville, 09000161, LISTED, 3/25/09 VIRGINIA Pittsylvania County, Yeatts, John and Nancy, House, VA 795, Chatham vicinity, 09000173, LISTED, 3/25/09 VIRGINIA Rockingham County, Bogota, 5375 Lynnwood Rd., Port Republic vicinity, 09000162, LISTED, 3/24/09 WISCONSIN Vilas County, Jabodon, 1460 Everett Rd., Washington, 09000164, LISTED, 3/25/09 [FR Doc. E9–10802 Filed 5–8–09; 8:45 am] BILLING CODE P VerDate Nov<24>2008 15:05 May 08, 2009 Jkt 217001 [Inv. No. 337–TA–676] 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 (2009). In the Matter of: Certain Lighting Control Devices Including Dimmer Switches and Parts Thereof; Notice of Investigation AGENCY: U.S. International Trade Commission. ACTION: Institution of investigation pursuant to 19 U.S.C. 1337. NEW YORK OHIO Trade Commission, telephone (202) 205–2781. SUMMARY: Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on April 7, 2009, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Lutron Electronics Co., Inc. of Coopersburg, Pennsylvania. The complaint alleges violations of section 337 based upon the importation into the United States, the sale for importation, and the sale within the United States after importation of certain lighting control devices including dimmer switches and parts thereof that infringe certain claims of U.S. Patent Nos. 5,637,930 and 5,248,919 and U.S. Trademark Registration No. 3,061,804. The complaint further alleges that an 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 a cease and desist order. ADDRESSES: 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 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. FOR FURTHER INFORMATION CONTACT: Benjamin Levi, Esq., Office of Unfair Import Investigations, U.S. International PO 00000 Frm 00046 Fmt 4703 Sfmt 4703 Scope of Investigation: Having considered the complaint, the U.S. International Trade Commission, on May 4, 2009, ordered that— (1) Pursuant to subsection (b) of section 337 of the Tariff Act of 1930, as amended, an investigation be instituted to determine: (a) 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 lighting control devices including dimmer switches or parts thereof that infringe one or more of claims 36, 38–41, 47, 53, 54, 56, 58, 60, 65, 67–70, 76, 82, 83, 85, 87, 89, 94, 96– 99, 105, 111, 112, 114, 116, 118, 178, 180, 189, and 197 of U.S. Patent No. 5,637,930 or claims 1, 2, 5–8, 11–13, 15– 20, 23, 25–32, 35, 36, and 38 of U.S. Patent No. 5,248,919, and whether an industry in the United States exists as required by subsection (a)(2) of section 337; and (b) Whether there is a violation of subsection (a)(1)(C) 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 lighting control devices including dimmer switches or parts thereof by reason of infringement of U.S. Trademark Registration No. 3,061,804, and whether an industry in the United States exists as required by subsection (a)(2) of section 337; and (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—Lutron Electronics Co., Inc., 7200 Suter Road, Coopersburg, PA 18036. (b) The respondent is the following entity alleged to be in violation of section 337, and is the party upon which the complaint is to be served: Universal Smart Electric Corp., 17795 Sky Park Circle, Suite H, Irvine, CA 92614. (c) The Commission investigative attorney, party to this investigation, is Benjamin Levi, Esq., Office of Unfair Import Investigations, U.S. International Trade Commission, 500 E Street, SW., Suite 401, Washington, DC 20436; and E:\FR\FM\11MYN1.SGM 11MYN1 Federal Register / Vol. 74, No. 89 / Monday, May 11, 2009 / Notices (3) For the investigation so instituted, Paul J. Luckern, Chief Administrative Law Judge, U.S. International Trade Commission, shall designate the presiding Administrative Law Judge. Responses to the complaint and the notice of investigation must be submitted by the named respondent 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 the 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 a cease and desist order or both directed against the respondent. By order of the Commission. Issued: May 5, 2009. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E9–10928 Filed 5–8–09; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation Nos. 701–TA–407 and 731– TA–902, 904, 905 (Review) (Remand)] Hot-Rolled Steel Products From Kazakhstan, Romania, and South Africa AGENCY: United States International Trade Commission. ACTION: Notice of remand proceedings. SUMMARY: The U.S. International Trade Commission (‘‘Commission’’) hereby gives notice of the court-ordered remand of its five-year review determinations in the countervailing duty and antidumping Investigation Nos. 701– TA–407 and 731–TA–902, 904, 905 concerning hot-rolled steel products from Kazakhstan, Romania, and South VerDate Nov<24>2008 15:05 May 08, 2009 Jkt 217001 Africa. 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). DATES: May 4, 2009. FOR FURTHER INFORMATION CONTACT: Mary Messer, Office of Investigations, telephone 202–205–3193, or Robin L. Turner, Office of General Counsel, telephone 202–205–3103, 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 of the underlying reviews (Investigation Nos. 701–TA–404–408 and 731–TA–898–902 and 904–908 (Review)) may be viewed on the Commission’s electronic docket (‘‘EDIS’’) at http://edis.usitc.gov. SUPPLEMENTARY INFORMATION: Background.—In October 2007, the Commission determined that revocation of the countervailing duty order on hotrolled steel products from South Africa, and that revocation of the antidumping duty orders on hot-rolled steel products from Kazakhstan, Romania, and South Africa, would not be likely to lead to continuation or recurrence of material injury to an industry in the United States within a reasonably foreseeable time. The Commission’s determinations were appealed to the Court of International Trade (‘‘CIT’’ or ‘‘Court’’). On March 9, 2009, the Court issued a decision remanding the matter to the Commission for further proceedings. Nucor Corp. v. United States, Slip Op. 09–16 (Ct. Int’l Trade, March 9, 2009). In its opinion, the Court affirmed the Commission’s cumulation analysis, but found that the Commission’s conclusions concerning likely subject import volume, likely price effects, and likely impact were unsupported by substantial evidence. The Court instructed the Commission on remand to address six issues. In particular, it instructed the Commission to: (1) Reevaluate its finding that the ArcelorMittal companies and/or Mittal USA would limit subject imports from the Mittal Companies; (2) reassess and further explain the basis for its findings PO 00000 Frm 00047 Fmt 4703 Sfmt 4703 21821 that significant imports in any region of the country are likely to have a disruptive impact on the overall U.S. market; (3) reassess and further explain the behavior of ArcelorMittal and its predecessor, the Ispat organization, with respect to their business practices in exporting to countries in which they maintain production facilities; (4) reassess and further explain certain evidence the Court perceived contrary to the Commission’s conclusion on likely subject import volume; (5) reassess likely price effects in accordance with its revised volume determination and; (6) reassess its likely impact analysis in accordance with its revised volume and price effects determinations, and to explain the poor performance of the domestic industry in the latter portion of the period of review. Participation in the proceeding.— Only those persons who were interested parties to the original reviews (i.e., persons listed on the Commission Secretary’s service list) and were parties to the appeal may participate as parties in the remand proceeding as of right. Such persons need not re-file their appearance notices or protective order applications to participate in the remand proceeding. The Commission will consider permitting Mittal USA to participate as a party in the remand if it files a notice of appearance with the Commission by May 11. Business proprietary information (‘‘BPI’’) referred to during the remand proceeding will be governed, as appropriate, by the administrative protective order issued in the original reviews. Written submissions.—The Commission is reopening the record to obtain additional information pertinent to the issues on which the Court has directed a remand. The Commission seeks additional information regarding the operations of ArcelorMittal, its affiliates including Mittal USA, and its predecessor companies including Ispat and Ispat Inland (collectively ‘‘Mittal’’). Specifically, the Commission seeks information concerning— (a) Mittal’s policies and practices with respect to, (b) Mittal’s evaluation of the economic incentives of, and (c) The possible market disruption of, shipping hot-rolled steel products produced by one Mittal company to the market in which another Mittal company is located, including the European Union and the United States. The specific questions are posted on the ITC’s Internet site at http:// www.usitc.gov/trade_remedy/ 731_ad_701_cvd/investigations/ E:\FR\FM\11MYN1.SGM 11MYN1

Agencies

[Federal Register Volume 74, Number 89 (Monday, May 11, 2009)]
[Notices]
[Pages 21820-21821]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-10928]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-676]


In the Matter of: Certain Lighting Control Devices Including 
Dimmer Switches and Parts 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 April 7, 2009, under section 337 
of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
Lutron Electronics Co., Inc. of Coopersburg, Pennsylvania. The 
complaint alleges violations of section 337 based upon the importation 
into the United States, the sale for importation, and the sale within 
the United States after importation of certain lighting control devices 
including dimmer switches and parts thereof that infringe certain 
claims of U.S. Patent Nos. 5,637,930 and 5,248,919 and U.S. Trademark 
Registration No. 3,061,804. The complaint further alleges that an 
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 a cease and desist order.

ADDRESSES: 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 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.

FOR FURTHER INFORMATION CONTACT: Benjamin Levi, Esq., Office of Unfair 
Import Investigations, U.S. International Trade Commission, telephone 
(202) 205-2781.

    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 (2009).

    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on May 4, 2009, ordered that--
    (1) Pursuant to subsection (b) of section 337 of the Tariff Act of 
1930, as amended, an investigation be instituted to determine:
    (a) 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 lighting control devices including dimmer switches or parts 
thereof that infringe one or more of claims 36, 38-41, 47, 53, 54, 56, 
58, 60, 65, 67-70, 76, 82, 83, 85, 87, 89, 94, 96-99, 105, 111, 112, 
114, 116, 118, 178, 180, 189, and 197 of U.S. Patent No. 5,637,930 or 
claims 1, 2, 5-8, 11-13, 15-20, 23, 25-32, 35, 36, and 38 of U.S. 
Patent No. 5,248,919, and whether an industry in the United States 
exists as required by subsection (a)(2) of section 337; and
    (b) Whether there is a violation of subsection (a)(1)(C) 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 lighting control devices including dimmer switches or parts 
thereof by reason of infringement of U.S. Trademark Registration No. 
3,061,804, and whether an industry in the United States exists as 
required by subsection (a)(2) of section 337; and
    (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--Lutron Electronics Co., Inc., 7200 Suter 
Road, Coopersburg, PA 18036.
    (b) The respondent is the following entity alleged to be in 
violation of section 337, and is the party upon which the complaint is 
to be served: Universal Smart Electric Corp., 17795 Sky Park Circle, 
Suite H, Irvine, CA 92614.
    (c) The Commission investigative attorney, party to this 
investigation, is Benjamin Levi, Esq., Office of Unfair Import 
Investigations, U.S. International Trade Commission, 500 E Street, SW., 
Suite 401, Washington, DC 20436; and

[[Page 21821]]

    (3) For the investigation so instituted, Paul J. Luckern, Chief 
Administrative Law Judge, U.S. International Trade Commission, shall 
designate the presiding Administrative Law Judge.
    Responses to the complaint and the notice of investigation must be 
submitted by the named respondent 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 the 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 
a cease and desist order or both directed against the respondent.

    By order of the Commission.

    Issued: May 5, 2009.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E9-10928 Filed 5-8-09; 8:45 am]
BILLING CODE 7020-02-P