In the Matter of Certain Digital Television Products and Certain Products Containing Same and Methods of Using Same; Order: Denial of Motion for a Stay of Exclusion Order and Cease and Desist Orders, 38229 [E9-18329]

Download as PDF Federal Register / Vol. 74, No. 146 / Friday, July 31, 2009 / Notices the Secretary of Commerce on July 27, 2009. The views of the Commission are contained in USITC Publication 4090 (July 2009), entitled Certain Tow-Behind Lawn Groomers and Parts Thereof from China: Investigation Nos. 701–TA–457 and 731–TA–1153 (Final). By order of the Commission. Issued: July 27, 2009. Marilyn R. Abbott, Secretary to the Commission. William R. Bishop, Acting Secretary to the Commission. [FR Doc. E9–18251 Filed 7–30–09; 8:45 am] BILLING CODE P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–617] PWALKER on DSK8KYBLC1PROD with NOTICES In the Matter of Certain Digital Television Products and Certain Products Containing Same and Methods of Using Same; Order: Denial of Motion for a Stay of Exclusion Order and Cease and Desist Orders The Commission instituted this investigation on November 15, 2007, based on a complaint filed by Funai Electric Co., Ltd. of Japan and Funai Corporation of Rutherford, New Jersey (collectively ‘‘Funai’’) against several respondents including Vizio, Inc. of Irvine, California (‘‘Vizio’’); AmTran Technology Co., Ltd. of Taiwan (‘‘AmTran’’); Syntax-Brillian Corporation of Tempe, Arizona (‘‘SBC’’); Taiwan Kolin Co., Ltd. of Taiwan (‘‘Taiwan Kolin’’); Proview International Holdings, Ltd. of Hong Kong (‘‘Proview International’’); Proview Technology (Shenzhen) Co., Ltd. of China (‘‘Proview Shenzhen’’); Proview Technology, Ltd. of Garden Grove, California (‘‘Proview Technology’’); TPV Technology, Ltd. of Hong Kong (‘‘TPV Technology’’); TPV International (USA), Inc. of Austin, Texas (‘‘TPV USA’’); Top Victory Electronics (Taiwan) Co., Ltd. of Taiwan (‘‘Top Victory’’); and Envision Peripherals, Inc. of Fremont, California (‘‘Envision’’). 72 FR 64240 (2007). The complaint alleges violations of Section 337 of the Tariff Act of 1930, as amended, 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 digital television products and certain products containing same by reason of infringement of one or more claims of U.S. Patent Nos. 6,115,074 (‘‘the ’074 patent’’) and 5,329,369. On April 10, 2009, the Commission terminated this investigation with a finding of violation of Section 337 as to VerDate Nov<24>2008 16:38 Jul 30, 2009 Jkt 217001 the ’074 patent. The Commission determined that the appropriate form of relief is (1) a limited exclusion order under 19 U.S.C. 1337(d)(1) prohibiting the unlicensed entry of certain digital television products and certain products containing the same that infringe one or more of claims 1, 5, and 23 of the ’074 patent, and are manufactured abroad by or on behalf of, or imported by or on behalf of, Vizio, AmTran, SBC, Taiwan Kolin, Proview International, Proview Shenzhen, Proview Technology, TPV Technology, TPV USA, Top Victory, and Envision; and (2) cease and desist orders directed to Vizio, SBC, Proview Technology, TPV USA, and Envision. On June 2, 2009, respondents Vizio, AmTran, TPV Technology, TPV USA, Top Victory, and Envision (collectively ‘‘Respondents’’) filed a motion to stay the limited exclusion and cease and desist orders pending appeal of the Commission’s determination to the U.S. Court of Appeals for the Federal Circuit. Funai and the Commission investigative attorney (‘‘IA’’) filed responses opposing the motion on June 12, 2009. On June 18, 2009, Respondents filed a motion for leave to file a joint reply in support of their motion to stay. The IA filed an opposition to this motion on June 29, 2009. Upon consideration of this matter, the Commission hereby orders that: 1. Respondents’ motion to stay enforcement of the limited exclusion order and cease and desist orders pending appeal is denied. 2. Respondents’ motion for leave to file a joint reply in support of motion to stay enforcement of the limited exclusion order and cease and desist order pending appeal is denied. 3. Notice of this Order and a Commission Opinion to be issued at a later date shall be served on the parties to this investigation. By order of the Commission. Issued: July 28, 2009. Marilyn R. Abbott, Secretary to the Commission. William R. Bishop, Acting Secretary to the Commission. [FR Doc. E9–18329 Filed 7–30–09; 8:45 am] BILLING CODE P PO 00000 38229 INTERNATIONAL TRADE COMMISSION [Investigation Nos. 701–TA–466 and 731– TA–1162 (Preliminary)] Wire Decking From China Determinations On the basis of the record 1 developed in the subject investigations, the United States International Trade Commission (Commission) determines, pursuant to sections 703(a) and 733(a) of the Tariff Act of 1930 (19 U.S.C. 1671b(a) and 1673b(a)) (the Act), that there is a reasonable indication that an industry in the United States is materially injured, by reason of imports from China of wire decking, provided for in subheading 9403.90.80 of the Harmonized Tariff Schedule of the United States, that are alleged to be sold in the United States at less than fair value (LTFV) and subsidized by the Government of China. Commencement of Final Phase Investigations Pursuant to section 207.18 of the Commission’s rules, the Commission also gives notice of the commencement of the final phase of its investigations. The Commission will issue a final phase notice of scheduling, which will be published in the Federal Register as provided in section 207.21 of the Commission’s rules, upon notice from the Department of Commerce (Commerce) of affirmative preliminary determinations in the investigations under sections 703(b) or 733(b) of the Act, or, if the preliminary determinations are negative, upon notice of affirmative final determinations in those investigations under sections 705(a) or 735(a) of the Act. Parties that filed entries of appearance in the preliminary phase of the investigations need not enter a separate appearance for the final phase of the investigations. Industrial users, and, if the merchandise under investigation is sold at the retail level, representative consumer organizations have the right to appear as parties in Commission antidumping and countervailing duty investigations. The Secretary will prepare a public service list containing the names and addresses of all persons, or their representatives, who are parties to the investigations. Background On June 5, 2009, a petition was filed with the Commission and Commerce by 1 The record is defined in sec. 207.2(f) of the Commission’s Rules of Practice and Procedure (19 CFR 207.2(f)). Frm 00065 Fmt 4703 Sfmt 4703 E:\FR\FM\31JYN1.SGM 31JYN1

Agencies

[Federal Register Volume 74, Number 146 (Friday, July 31, 2009)]
[Notices]
[Page 38229]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-18329]


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

INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-617]


In the Matter of Certain Digital Television Products and Certain 
Products Containing Same and Methods of Using Same; Order: Denial of 
Motion for a Stay of Exclusion Order and Cease and Desist Orders

    The Commission instituted this investigation on November 15, 2007, 
based on a complaint filed by Funai Electric Co., Ltd. of Japan and 
Funai Corporation of Rutherford, New Jersey (collectively ``Funai'') 
against several respondents including Vizio, Inc. of Irvine, California 
(``Vizio''); AmTran Technology Co., Ltd. of Taiwan (``AmTran''); 
Syntax-Brillian Corporation of Tempe, Arizona (``SBC''); Taiwan Kolin 
Co., Ltd. of Taiwan (``Taiwan Kolin''); Proview International Holdings, 
Ltd. of Hong Kong (``Proview International''); Proview Technology 
(Shenzhen) Co., Ltd. of China (``Proview Shenzhen''); Proview 
Technology, Ltd. of Garden Grove, California (``Proview Technology''); 
TPV Technology, Ltd. of Hong Kong (``TPV Technology''); TPV 
International (USA), Inc. of Austin, Texas (``TPV USA''); Top Victory 
Electronics (Taiwan) Co., Ltd. of Taiwan (``Top Victory''); and 
Envision Peripherals, Inc. of Fremont, California (``Envision''). 72 FR 
64240 (2007). The complaint alleges violations of Section 337 of the 
Tariff Act of 1930, as amended, 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 digital television products 
and certain products containing same by reason of infringement of one 
or more claims of U.S. Patent Nos. 6,115,074 (``the '074 patent'') and 
5,329,369.
    On April 10, 2009, the Commission terminated this investigation 
with a finding of violation of Section 337 as to the '074 patent. The 
Commission determined that the appropriate form of relief is (1) a 
limited exclusion order under 19 U.S.C. 1337(d)(1) prohibiting the 
unlicensed entry of certain digital television products and certain 
products containing the same that infringe one or more of claims 1, 5, 
and 23 of the '074 patent, and are manufactured abroad by or on behalf 
of, or imported by or on behalf of, Vizio, AmTran, SBC, Taiwan Kolin, 
Proview International, Proview Shenzhen, Proview Technology, TPV 
Technology, TPV USA, Top Victory, and Envision; and (2) cease and 
desist orders directed to Vizio, SBC, Proview Technology, TPV USA, and 
Envision.
    On June 2, 2009, respondents Vizio, AmTran, TPV Technology, TPV 
USA, Top Victory, and Envision (collectively ``Respondents'') filed a 
motion to stay the limited exclusion and cease and desist orders 
pending appeal of the Commission's determination to the U.S. Court of 
Appeals for the Federal Circuit. Funai and the Commission investigative 
attorney (``IA'') filed responses opposing the motion on June 12, 2009. 
On June 18, 2009, Respondents filed a motion for leave to file a joint 
reply in support of their motion to stay. The IA filed an opposition to 
this motion on June 29, 2009.
    Upon consideration of this matter, the Commission hereby orders 
that:
    1. Respondents' motion to stay enforcement of the limited exclusion 
order and cease and desist orders pending appeal is denied.
    2. Respondents' motion for leave to file a joint reply in support 
of motion to stay enforcement of the limited exclusion order and cease 
and desist order pending appeal is denied.
    3. Notice of this Order and a Commission Opinion to be issued at a 
later date shall be served on the parties to this investigation.

    By order of the Commission.

    Issued: July 28, 2009.
Marilyn R. Abbott,
Secretary to the Commission.
William R. Bishop,
Acting Secretary to the Commission.
[FR Doc. E9-18329 Filed 7-30-09; 8:45 am]
BILLING CODE P