Certain Adjustable-Height Beds and Components Thereof; Notice of Investigation, 54911-54912 [2010-22402]
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Federal Register / Vol. 75, No. 174 / Thursday, September 9, 2010 / Notices
Notice is hereby given that
the U.S. International Trade
Commission has received a complaint
entitled In Re Certain Ground Fault
Circuit Interrupters and Products
Containing Same DN 2754; the
Commission is soliciting comments on
any public interest issues raised by the
complaint.
FOR FURTHER INFORMATION CONTACT:
Marilyn R. Abbott, Secretary to the
Commission, U.S. International Trade
Commission, 500 E Street, SW.,
Washington, DC 20436, telephone (202)
205–2000. The public version of the
complaint can be accessed on the
Commission’s electronic docket (EDIS)
at https://edis.usitc.gov, and 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 (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. Hearingimpaired persons are advised that
information on this matter can be
obtained by contacting the
Commission’s TDD terminal on (202)
205–1810.
SUPPLEMENTARY INFORMATION: The
Commission has received a complaint
filed on behalf of Leviton Manufacturing
Co., Inc. on September 3, 2010. The
complaint alleges 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
circuit interrupters and products
containing same. The complaint names
as respondents Fujian Hongan Electric
Co., Ltd. of Fujian 355106, China;
General Protecht Group, Inc. of
Zhejiangm 325604, China; Shanghai
ELE Manufacturing Corporation of
Shanghai 201703, China; Zhejiang
Trimone Co. Ltd. of Zhejiang 314200,
China; Zhejiang Easting House Electric
Co. of Zhejiang 314100, China; Frontier
Lighting, Inc. of Clearwater, FL; The
Designers Edge, Inc. of Bellevue, WA;
Orbit Industries, Inc. of Los Angeles,
CA; Ready Wholesale Electric and
Lighting, Inc., d/b/a Ready Wholesale
Electric Supply of Reseda, CA;
Sutherland Lumber Company of Kansas
City, LLC, d/b/a Sutherlands of Kansas
City, MO; W. E. Aubuchon Co., Inc.,
d/b/a Aubuchon Hardware of
Westminister, MA; Westside Wholesale
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Electric & Lighting, Inc., Westside
Electric Wholesale, Inc. and Westside
Wholesale, Inc. of Los Angeles, CA and/
or Bell, CA; Contractor Lighting &
Supply, Inc. of Columbus, OH; Interline
Brands, Inc., d/b/a Lighting of Pompano
Beach, FL; Royal Pacific Ltd. of
Albuquerque, NM; Littman Bros. Energy
Supplies, Inc. of Schaumburg, IL;
Norcross Electric Supply Company of
Duluth, GA; Menard, Inc. of Eau Claire,
WI; Garvin Industries, Inc. of Franklin
Park, IL; Central Purchasing, LLC of
Camarillo, CA; Harbor Freight Tools
USA, Inc. of Camarillo, CA; WarehouseLighting.com LLC of Muskego, WI;
SecurElectric Corporation of Atlanta,
GA; G–Techt Global Corporation of
Atlanta, GA; Deerso, Inc. of Cape Coral,
FL; New Aspen Devices Corporation of
Brooklyn, NY; American Ace Supply
Inc. of San Francisco, CA; Safety Plus
Products, Inc. of McFarland, WI; Ingram
Products, Inc. of Jacksonville, FL; and
American Electric Depot, Inc. of Fresh
Meadows, NY.
The complainant, proposed
respondents, other interested parties,
and members of the public are invited
to file comments, not to exceed five
pages in length, on any public interest
issues raised by the complaint.
Comments should address whether
issuance of an exclusion order and/or a
cease and desist order in this
investigation would negatively affect the
public health and welfare in the United
States, competitive conditions in the
United States economy, the production
of like or directly competitive articles in
the United States, or United States
consumers.
In particular, the Commission is
interested in comments that:
(i) Explain how the articles
potentially subject to the orders are used
in the United States;
(ii) Identify any public health, safety,
or welfare concerns in the United States
relating to the potential orders;
(iii) Indicate the extent to which like
or directly competitive articles are
produced in the United States or are
otherwise available in the United States,
with respect to the articles potentially
subject to the orders; and
(iv) Indicate whether Complainant,
Complainant’s licensees, and/or third
party suppliers have the capacity to
replace the volume of articles
potentially subject to an exclusion order
and a cease and desist order within a
commercially reasonable time.
Written submissions must be filed no
later than by close of business, five
business days after the date of
publication of this notice in the Federal
Register. There will be further
opportunities for comment on the
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54911
public interest after the issuance of any
final initial determination in this
investigation.
Persons filing written submissions
must file the original document and 12
true copies thereof on or before the
deadlines stated above with the Office
of the Secretary. Submissions should
refer to the docket number (‘‘Docket No.
2754’’) in a prominent place on the
cover page and/or the first page. The
Commission’s rules authorize filing
submissions with the Secretary by
facsimile or electronic means only to the
extent permitted by section 201.8 of the
rules (see Handbook for Electronic
Filing Procedures, https://www.usitc.gov/
secretary/fed_reg_notices/rules/
documents/
handbook_on_electronic_filing.pdf ).
Persons with questions regarding
electronic filing should contact the
Secretary (202–205–2000).
Any person desiring to submit a
document to the Commission in
confidence must request confidential
treatment. All such requests should be
directed to the Secretary to the
Commission and must include a full
statement of the reasons why the
Commission should grant such
treatment. See 19 CFR 201.6. Documents
for which confidential treatment by the
Commission is properly sought will be
treated accordingly. All nonconfidential
written submissions will be available for
public inspection at the Office of the
Secretary.
This action is taken under the
authority of section 337 of the Tariff Act
of 1930, as amended (19 U.S.C. 1337),
and of sections 201.10 and 210.50(a)(4)
of the Commission’s Rules of Practice
and Procedure (19 CFR 201.10,
210.50(a)(4)).
Issued: September 3, 2010.
By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 2010–22486 Filed 9–8–10; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Inv. No. 337–TA–734]
Certain Adjustable-Height Beds and
Components Thereof; Notice of
Investigation
U.S. International Trade
Commission.
ACTION: Institution of investigation
pursuant to 19 U.S.C. 1337.
AGENCY:
Notice is hereby given that a
complaint was filed with the U.S.
SUMMARY:
E:\FR\FM\09SEN1.SGM
09SEN1
54912
Federal Register / Vol. 75, No. 174 / Thursday, September 9, 2010 / Notices
mstockstill on DSKH9S0YB1PROD with NOTICES
International Trade Commission on
August 5, 2010, under section 337 of the
Tariff Act of 1930, as amended, 19
U.S.C. 1337, on behalf of Invacare
Corporation of Elyria, Ohio. 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 adjustableheight beds and components thereof by
reason of infringement of certain claims
of U.S. Patent No. 6,983,495 (‘‘the ’495
patent’’); U.S. Patent No. 6,997,082 (‘‘the
’082 patent’’); U.S. Patent No. 7,302,716
(‘‘the ’716 patent’’); and U.S. Patent No.
7,441,289 (‘‘the ’289 patent’’). 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 at 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:
Jeffrey T. Hsu, Esq., Office of Unfair
Import Investigations, U.S. International
Trade Commission, telephone (202)
205–2579.
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
(2010).
Scope of Investigation: Having
considered the complaint, the U.S.
International Trade Commission, on
September 1, 2010, ordered that—
(1) Pursuant to subsection (b) of
section 337 of the Tariff Act of 1930, as
amended, an investigation be instituted
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17:24 Sep 08, 2010
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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 adjustable-height
beds and components thereof that
infringe one or more of claims 1–8, 12–
14, 26, and 27 of the ’495 patent; claims
1, 2, 5, 10–12, 14, and 18–23 of the ’082
patent; claims 1–3, 5, 6, 8, 10, 11, 13,
14, and 18 of the ’716 patent; and claims
8 and 9 of the ’289 patent, and whether
an industry in the United States exists
as required by subsection (a)(2) of
section 337;
(2) Pursuant to Commission Rule
210.50(b)(1), 19 CFR 210.50(b)(1), the
presiding administrative law judge shall
take evidence or other information and
hear arguments from the parties and
other interested persons with respect to
the public interest in this investigation,
as appropriate, and provide the
Commission with findings of fact on
this issue; (3) 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:
Invacare Corporation, One Invacare
Way, Elyria, OH 44035.
(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:
Medical Depot, Inc., d/b/a Drive
Medical Design and Manufacturing,
99 Seaview Boulevard, Port
Washington, NY 11050.
Shanghai Shunlong Physical Therapy
Equipment Co., Ltd., No. 259 Jiugan
Road, Songjiang District, Shanghai,
China 201601.
(c) The Commission investigative
attorney, party to this investigation, is
Jeffrey T. Hsu, Esq., Esq., Office of
Unfair Import Investigations, U.S.
International Trade Commission, 500 E
Street, SW., Suite 401, Washington, DC
20436; and
(4) For the investigation so instituted,
the Honorable 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 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)–(e) 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
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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 a cease
and desist order or both directed against
the respondent.
Issued: September 2, 2010.
By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 2010–22402 Filed 9–8–10; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigations Nos. 701–TA–474 (Final) and
731–TA–1176 (Final)]
Drill Pipe and Drill Collars From China
United States International
Trade Commission.
ACTION: Scheduling of the final phase of
countervailing duty and antidumping
investigations.
AGENCY:
The Commission hereby gives
notice of the scheduling of the final
phase of countervailing duty
investigation No. 701–TA–474 (Final)
under section 705(b) of the Tariff Act of
1930 (19 U.S.C. 1671d(b)) (the Act) and
the final phase of antidumping
investigation No. 731–TA–1176 (Final)
under section 735(b) of the Act (19
U.S.C. 1673d(b)) to determine whether
an industry in the United States is
materially injured or threatened with
material injury, or the establishment of
an industry in the United States is
materially retarded, by reason of
subsidized and less-than-fair-value
imports from China of drill pipe and
drill collars, primarily provided for in
subheadings 7304.22, 7304.23, and
8431.43 of the Harmonized Tariff
Schedule of the United States.1
SUMMARY:
1 For purposes of these investigations, the
Department of Commerce has defined the subject
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Agencies
[Federal Register Volume 75, Number 174 (Thursday, September 9, 2010)]
[Notices]
[Pages 54911-54912]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-22402]
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INTERNATIONAL TRADE COMMISSION
[Inv. No. 337-TA-734]
Certain Adjustable-Height Beds and Components Thereof; Notice of
Investigation
AGENCY: U.S. International Trade Commission.
ACTION: Institution of investigation pursuant to 19 U.S.C. 1337.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that a complaint was filed with the
U.S.
[[Page 54912]]
International Trade Commission on August 5, 2010, under section 337 of
the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of
Invacare Corporation of Elyria, Ohio. 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 adjustable-height beds and components thereof by
reason of infringement of certain claims of U.S. Patent No. 6,983,495
(``the '495 patent''); U.S. Patent No. 6,997,082 (``the '082 patent'');
U.S. Patent No. 7,302,716 (``the '716 patent''); and U.S. Patent No.
7,441,289 (``the '289 patent''). 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 at 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: Jeffrey T. Hsu, Esq., Office of Unfair
Import Investigations, U.S. International Trade Commission, telephone
(202) 205-2579.
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 (2010).
Scope of Investigation: Having considered the complaint, the U.S.
International Trade Commission, on September 1, 2010, 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 adjustable-
height beds and components thereof that infringe one or more of claims
1-8, 12-14, 26, and 27 of the '495 patent; claims 1, 2, 5, 10-12, 14,
and 18-23 of the '082 patent; claims 1-3, 5, 6, 8, 10, 11, 13, 14, and
18 of the '716 patent; and claims 8 and 9 of the '289 patent, and
whether an industry in the United States exists as required by
subsection (a)(2) of section 337;
(2) Pursuant to Commission Rule 210.50(b)(1), 19 CFR 210.50(b)(1),
the presiding administrative law judge shall take evidence or other
information and hear arguments from the parties and other interested
persons with respect to the public interest in this investigation, as
appropriate, and provide the Commission with findings of fact on this
issue; (3) 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:
Invacare Corporation, One Invacare Way, Elyria, OH 44035.
(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:
Medical Depot, Inc., d/b/a Drive Medical Design and Manufacturing, 99
Seaview Boulevard, Port Washington, NY 11050.
Shanghai Shunlong Physical Therapy Equipment Co., Ltd., No. 259 Jiugan
Road, Songjiang District, Shanghai, China 201601.
(c) The Commission investigative attorney, party to this
investigation, is Jeffrey T. Hsu, Esq., Esq., Office of Unfair Import
Investigations, U.S. International Trade Commission, 500 E Street, SW.,
Suite 401, Washington, DC 20436; and
(4) For the investigation so instituted, the Honorable 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 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)-(e) 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
a cease and desist order or both directed against the respondent.
Issued: September 2, 2010.
By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 2010-22402 Filed 9-8-10; 8:45 am]
BILLING CODE 7020-02-P