Certain Adjustable-Height Beds and Components Thereof; Notice of Investigation, 54911-54912 [2010-22402]

Download as PDF 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 http://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 (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. 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 mstockstill on DSKH9S0YB1PROD with NOTICES SUMMARY: VerDate Mar<15>2010 17:24 Sep 08, 2010 Jkt 220001 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 PO 00000 Frm 00066 Fmt 4703 Sfmt 4703 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, http://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 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: 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 VerDate Mar<15>2010 17:24 Sep 08, 2010 Jkt 220001 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 PO 00000 Frm 00067 Fmt 4703 Sfmt 4703 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 E:\FR\FM\09SEN1.SGM 09SEN1

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 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: 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