In the Matter of Certain Birthing Simulators and Associated Systems; Notice of Commission Determination Not To Review an Initial Determination Finding Both Respondents in Default; Request for Written Submissions on Remedy, the Public Interest, and Bonding, 26315-26316 [2011-11075]

Agencies

• INTERNATIONAL TRADE COMMISSION

[Federal Register Volume 76, Number 88 (Friday, May 6, 2011)]
[Notices]
[Pages 26315-26316]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-11075]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-759]


In the Matter of Certain Birthing Simulators and Associated 
Systems; Notice of Commission Determination Not To Review an Initial 
Determination Finding Both Respondents in Default; Request for Written 
Submissions on Remedy, the Public Interest, and Bonding

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined not to review an initial determination 
(``ID'') (Order No. 5) of the presiding administrative law judge 
(``ALJ'') finding both respondents in default and is requesting 
briefing on remedy, public interest, and bonding.

FOR FURTHER INFORMATION CONTACT: Jia Chen, Office of the General 
Counsel, U.S. International Trade Commission, 500 E Street, SW., 
Washington, DC 20436, telephone (202) 708-4737. Copies of non-
confidential documents filed in connection with this investigation are 
or 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 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. Hearing-impaired 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 instituted this investigation 
on February 7, 2011, based on a complaint filed by Gaumard Scientific 
Company, Inc. of Miami, Florida. 76 FR 6632 (Feb. 7, 2011). The 
complaint, as amended, alleged 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 birthing simulators and associated systems by 
reason of infringement of various claims of United States Patent Nos. 
6,503,087 and 7,114,954. The complaint named Shanghai Honglian Medical 
Instruments of China and Shanghai Evenk International Trading Co., Ltd. 
of China as respondents. The complaint and Notice of Investigation were 
served on respondents on February 1, 2011. No responses were received.
    On March 4, 2011, the ALJ issued an order requiring respondents to 
show cause why they should not be held in default and judgment rendered 
against them for failing to respond to the complaint and notice of 
investigation. Respondents did not respond. On March 30, 2011, the ALJ 
issued the subject ID, finding both respondents in default pursuant to 
Commission Rule 210.16 (19 CFR 210.16) and terminating the above-
referenced investigation. None of the parties petitioned for review of 
the ID.
    The Commission has determined not to review the ID.
    In connection with the final disposition of this investigation, the 
Commission may (1) issue an order that could result in the exclusion of 
the subject articles from entry into the United States, and/or (2) 
issue one or more cease and desist orders that could result in the 
respondent being required to cease and desist from engaging in unfair 
acts in the importation and sale of such articles. Accordingly, the 
Commission is interested in receiving written submissions that address 
the form of remedy, if any, that should be ordered. If a party seeks 
exclusion of an article from entry into the United States for purposes 
other than entry for consumption, the party should so indicate and 
provide information establishing that activities involving other types 
of entry either are adversely affecting it or likely to do so. For 
background, see In the Matter of Certain Devices for Connecting 
Computers via Telephone Lines, Inv. No. 337-TA-360, USITC Pub. No. 2843 
(December 1994) (Commission Opinion).
    If the Commission contemplates some form of remedy, it must 
consider the effects of that remedy upon the public interest. The 
factors the Commission will consider include the effect that an 
exclusion order and/or cease and desist orders would have on (1) the 
public health and welfare, (2) competitive conditions in the U.S. 
economy, (3) U.S. production of articles that are like or directly 
competitive with those that are subject to investigation, and (4) U.S. 
consumers. The Commission is therefore interested in receiving written 
submissions that address the aforementioned public interest factors in 
the context of this investigation.
    If the Commission orders some form of remedy, the U.S. Trade 
Representative, as delegated by the President, has 60 days to approve 
or disapprove the Commission's action. See Presidential Memorandum of 
July 21, 2005, 70 FR 43251 (July 26, 2005). During this period, the 
subject articles would be entitled to enter the United States under 
bond, in an amount determined by the Commission and prescribed by the 
Secretary of the Treasury. The Commission is therefore interested in 
receiving submissions concerning the amount of the bond that should be 
imposed if a remedy is ordered.
    Written Submissions: Parties to the investigation, interested 
government agencies, and any other interested parties are encouraged to 
file written submissions on the issues of remedy, the public interest, 
and bonding. Specifically, Complainant and the Commission investigative 
attorney are requested to respond to the following question: Does 
section 337(j)(3) (19 U.S.C. 1337(j)(3)) or any other statutory 
authority authorize the Commission to permit default respondents 
subject to an exclusion order under section 337(g)(1) to import 
infringing products under bond during the sixty (60) day Presidential 
review period? Please cite any relevant legislative history. 
Complainant and the Commission investigative attorney are also 
requested

[[Page 26316]]

to submit proposed remedial orders for the Commission's consideration. 
Complainant is also requested to state the dates that the patents 
expire and the HTSUS numbers under which the accused products are 
imported. The written submissions and proposed remedial orders must be 
filed no later than close of business on Thursday, May 12, 2011. Reply 
submissions must be filed no later than the close of business on 
Thursday, May 19, 2011. No further submissions on these issues will be 
permitted unless otherwise ordered by the Commission.
    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. Any person desiring to submit a document 
to the Commission in confidence must request confidential treatment 
unless the information has already been granted such treatment during 
the proceedings. All such requests should be directed to the Secretary 
of the Commission and must include a full statement of the reasons why 
the Commission should grant such treatment. See 19 CFR 210.6. Documents 
for which confidential treatment by the Commission is sought will be 
treated accordingly. All nonconfidential written submissions will be 
available for public inspection at the Office of the Secretary.
    The authority for the Commission's determination is contained in 
section 337(g)(1) of the Tariff Act of 1930, as amended (19 U.S.C. 
1337(g)(1)), and in sections 210.42-46 and 210.50 of the Commission's 
Rules of Practice and Procedure (19 CFR 210.42-46 and 210.50).

    Issued: May 2, 2011.

    By order of the Commission.
James R. Holbein,
Acting Secretary to the Commission.
[FR Doc. 2011-11075 Filed 5-5-11; 8:45 am]
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