In the Matter of: Certain Electric Fireplaces, Components Thereof, Manuals for Same, Certain Processes for Manufacturing or Relating to Same and Certain Products Containing Same; Notice of Institution of Investigation, 43345-43346 [2011-18216]

Download as PDF Federal Register / Vol. 76, No. 139 / Wednesday, July 20, 2011 / Notices In accordance with sections 201.16(c) and 207.3 of the Commission’s rules, each document filed by a party to the review must be served on all other parties to the review (as identified by either the public or BPI service list), and a certificate of service must be timely filed. The Secretary will not accept a document for filing without a certificate of service. Authority: This review is being conducted under authority of title VII of the Tariff Act of 1930; this notice is published pursuant to section 207.62 of the Commission’s rules. Issued: July 14, 2011. By order of the Commission. James R. Holbein, Secretary to the Commission. [FR Doc. 2011–18201 Filed 7–19–11; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Inv. No. 337–TA–791] In the Matter of: Certain Electric Fireplaces, Components Thereof, Manuals for Same, Certain Processes for Manufacturing or Relating to Same and Certain Products Containing Same; Notice of Institution of Investigation Institution of investigation pursuant to 19 U.S.C. 1337. U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on June 17, 2011, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Twin-Star International, Inc. of Delray Beach, California and TS Investment Holding Corp. of Miami, Florida. Supplements to the complaint were filed on July 1, 2011 and July 8, 2011. 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 electric fireplaces, components thereof, manuals for same, certain processes for manufacturing or relating to same and certain products containing same by reason of infringement of U.S. Copyright Registration No. TX0007350474; U.S. Copyright Registration No. TX0007350476; U.S. Copyright Registration No. VA0001772660; and U.S. Copyright Registration No. VA0001772661, misappropriation of trade secrets, and unfair competition. The complaint sroberts on DSK5SPTVN1PROD with NOTICES SUMMARY: VerDate Mar<15>2010 18:29 Jul 19, 2011 Jkt 223001 further alleges that there exists in the United States an industry as required by subsection (a)(1)(A) of section 337. The complainants request 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: The Office of Unfair Import Investigations, U.S. International Trade Commission, telephone (202) 205–2560. 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 (2011). Scope of Investigation: Having considered the complaint, the U.S. International Trade Commission, on July 14, 2011, 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 electric fireplaces, components thereof, manuals for same, certain processes for manufacturing or relating to same and certain products containing same by reason of infringement of U.S. Copyright Registration Nos. TX0007350474; TX0007350476; VA0001772660; and VA0001772661, 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)(A) of section 337 in the PO 00000 Frm 00093 Fmt 4703 Sfmt 4703 43345 importation into the United States, the sale for importation, or the sale within the United States after importation of certain electric fireplaces, components thereof, manuals for same, certain processes for manufacturing or relating to same and certain products containing same by reason of misappropriation of trade secrets or unfair competition, the threat or effect of which is to destroy or substantially injure an industry in the United States; (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 complainants are: Twin-Star International, Inc., 1690 South Congress Avenue, Suite 210, Delray Beach, FL 33445. TS Investment Holding Corp., c/o Trivest Partners, L.P., 2665 South Bayshore Drive, 8th Floor, Miami, FL 33133. (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: Shenzhen Reliap Industrial Co., No. 3 Chuangye Road, The Third Industrial Zone, Shiyan Town, Baoan District, Shenzhen, China. Yue Qiu Sheng (a.k.a. Jason Yue), Room #507, Building 3, Bang Dao Yuang, Bu Ji Town, Shenzhen City, China 518112. (c) The Office of Unfair Import Investigations, U.S. International Trade Commission, 500 E Street, SW., Suite 401, Washington, DC 20436; and (3) 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 E:\FR\FM\20JYN1.SGM 20JYN1 43346 Federal Register / Vol. 76, No. 139 / Wednesday, July 20, 2011 / Notices 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: July 14, 2011. By order of the Commission. James R. Holbein, Secretary to the Commission. [FR Doc. 2011–18216 Filed 7–19–11; 8:45 am] BILLING CODE 7020–02–P DEPARTMENT OF JUSTICE sroberts on DSK5SPTVN1PROD with NOTICES Notice of Lodging of Consent Decree Under the Clean Air Act Notice is hereby given that on July 13, 2011, a proposed Consent Decree (‘‘Decree’’) in United States v. Alltex Uniform Rental Service, Inc. and G&K Services, Co., Civil Action No. 11–CV– 342, was lodged with the United States District Court for the District of New Hampshire. The Decree resolves claims of the United States against Alltex Uniform Rental Service, Inc. and G&K Services, Co. under the Clean Air Act, 42 U.S.C. 7401–7671q, for injunctive relief and recovery of civil penalties in connection with the defendants’ installation and operation of additional industrial laundry equipment in their laundry facility located in Manchester, New Hampshire. The Decree requires the defendants to pay $65,000 in civil penalties; to purchase and retire 75 tons of emission reduction credits; and to institute injunctive relief in the form of production limits and restrictions while seeking permits to install and operate additional equipment to reduce air emissions; and to perform a supplemental environmental project (‘‘SEP’’) with a value of at least $220,000. Pursuant to the SEP, the defendants agree to help fund and encourage the replacement of pre-1988 wood stoves with cleaner burning parts and/or stoves. The Department of Justice will receive for a period of thirty (30) days from the date of this publication comments relating to the Decree. Comments should be addressed to the Assistant Attorney General, Environmental and Natural Resources Division, and either e-mailed to pubcomment-ees.enrd@usdoj.gov or mailed to P.O. Box 7611, U.S. VerDate Mar<15>2010 18:29 Jul 19, 2011 Jkt 223001 Department of Justice, Washington, DC 20044–7611, and should refer to United States v. Alltex Uniform Service, Inc., et al., 11–CV–342 (D. NH.), D.J. Ref. 90–5– 2–1–10075. The Decree may be examined at U.S. EPA Region I, 5 Post Office Square, Boston, MA 02109. During the public comment period, the Decree, may also be examined on the following Department of Justice Web site, http:// www.usdoj.gov/enrd/ Consent_Decrees.html. A copy of the Decree may also be obtained by mail from the Consent Decree Library, P.O. Box 7611, U.S. Department of Justice, Washington, DC 20044–7611 or by faxing or e-mailing a request to Tonia Fleetwood (tonia.fleetwood@usdoj.gov), fax no. (202) 514–0097, phone confirmation number (202) 514–1547. In requesting a copy from the Consent Decree Library, please enclose a check in the amount of $23.25 (25 cents per page reproduction cost) payable to the U.S. Treasury or, if by e-mail or fax, forward a check in that amount to the Consent Decree Library at the stated address. Ronald G. Gluck, Assistant Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. 2011–18208 Filed 7–19–11; 8:45 am] BILLING CODE 4410–15–P DEPARTMENT OF JUSTICE Antitrust Division Notice Pursuant to the National Cooperative Research and Production Act of 1993; Open Mobile Alliance Notice is hereby given that, on June 2, 2011, pursuant to Section 6(a) of the National Cooperative Research and Production Act of 1993, 15 U.S.C. 4301 et seq. (‘‘the Act’’), Open Mobile Alliance (‘‘OMA’’) has filed written notifications simultaneously with the Attorney General and the Federal Trade Commission disclosing changes in its membership. The notifications were filed for the purpose of extending the Act’s provisions limiting the recovery of antitrust plaintiffs to actual damages under specified circumstances. Specifically, AuthenTec, Inc., Melbourne, FL; BROADCOM GPS SPAIN SL, Irvine, CA; DAO Lab Ltd., Shatin, N.T, Hong Kong; Dimark Software, Inc., Cupertino, CA; Prim’Vision, Villeneuve-Loubet, France; SeeRoo Information Co., Ltd., Songpagu, Seoul, REPUBLIC OF KOREA; Spectracore Technologies, San Diego, CA; UltiMobile, LLC., Orlando, FL; Z– PO 00000 Frm 00094 Fmt 4703 Sfmt 4703 Think, LLC., Alpharetta, GA, have been added as parties to this venture. Also, 7 Layers Inc., Irvine, CA; 724 Solutions, Inc., Toronto, Ontario, CANADA; Amobee, Herzlia, Israel; Aplix Corporation, Tokyo, Japan; Arista Enterprises LLC, Fairbanks, AK; Beijing Leadtone Wireless Ltd., Chaoyang District, Beijing, People’s Republic of China; Bercut, Saint-Petersburg, Russian Federation; British Telecommunications PLC, London, United Kingdom; Cable Television Laboratories, Inc., Louisville, CO; CarrierIQ, Inc., Mountain View, CA; CDMA Development Group, Inc., Costa Mesa, CA; Colibria AS, Lysaker, NORWAY; Comviva Technologies Ltd., Gurgaon, Hayana, India; Core Mobility, Mountain View, CA; Discretix Technologies Ltd., Kfar Netter, ISRAEL; EMCC Software Ltd., Manchester, United Kingdom; Enensys Technologies, Rennes, FRANCE; esmertec AG, Dubendorf, Switzerland; Eurofins Product Service GmbH, Reichenwalde, Germany; Expway, Paris, France; FEELingk Co. Ltd., Seoul, Republic of Korea; fg microtec GmbH, Munich, Germany; InfoComm Development Authority of Singapore (IDA), Mapletree Business City, Singapore; I–ON Communications Co., Ltd., Gangnam-gu, Seoul, Republic of Korea; Jataayu Software Pvt Ltd., Bangalore, India; mCarbon Tech Innovation PVT. LTD., Noida, Uttar Pradesh, India; Mctel, Hector Otto, Monaco; Mobile Security Software, Madrid, Spain; Mobilethink A/S, Arhus, Denmark; Motricity, Inc., Bellevue, WA; Neutral Tandem, Chicago, IL; NII Holdings, Inc., Reston, VA; Novarra, Itasca, IL; NOW Wireless Ltd., Croydon, United Kingdom; Oracle USA, Inc., Redwood Shores, CA; Perlego Systems, Inc., Gig Harbor, WA; SafeNet, Inc., Amsterdam, Netherlands; SCA Technica, Inc., Nashua, NH; SEVEN, Helsinki, Finland; SFR, Paris, France; Sintesio, Foundation, Bled, SLOVENIA; Siodata Technologies, Hai Dian District, Beijing, People’s Republic of China; SIRF Technologies, San Jose, CA; Smarttrust, Stockholm, Sweden; Solvix Technology Co., Ltd, Gangnam-gu, Seoul, Republic of Korea; STMicroelectronics, Geneva, Switzerland; Tecnomen Lifetree, Espoo, Finland; Telcoware Co., Ltd., SeochoGu, Seoul, Republic of Korea; Telespree Communications, San Francisco, CA; Tridea Works, LLC, Reston, VA; Ubiquity Software Corporation, Cardiff, United Kingdom; University of New Hampshire InterOperability Laboratory, Durham, NH; V4X SAS, Bordeaux Pessac, FRANCE; Vobile, Inc., Santa Clara, CA; Winit Inc., Daejeon, Republic of Korea; Wisegram Inc., Seoul, E:\FR\FM\20JYN1.SGM 20JYN1

Agencies

[Federal Register Volume 76, Number 139 (Wednesday, July 20, 2011)]
[Notices]
[Pages 43345-43346]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-18216]


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

INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-791]


In the Matter of: Certain Electric Fireplaces, Components 
Thereof, Manuals for Same, Certain Processes for Manufacturing or 
Relating to Same and Certain Products Containing Same; Notice of 
Institution of Investigation

    Institution of investigation pursuant to 19 U.S.C. 1337.

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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

SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on June 17, 2011, under section 337 
of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
Twin-Star International, Inc. of Delray Beach, California and TS 
Investment Holding Corp. of Miami, Florida. Supplements to the 
complaint were filed on July 1, 2011 and July 8, 2011. 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 electric fireplaces, components 
thereof, manuals for same, certain processes for manufacturing or 
relating to same and certain products containing same by reason of 
infringement of U.S. Copyright Registration No. TX0007350474; U.S. 
Copyright Registration No. TX0007350476; U.S. Copyright Registration 
No. VA0001772660; and U.S. Copyright Registration No. VA0001772661, 
misappropriation of trade secrets, and unfair competition. The 
complaint further alleges that there exists in the United States an 
industry as required by subsection (a)(1)(A) of section 337.
    The complainants request 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: The Office of Unfair Import 
Investigations, U.S. International Trade Commission, telephone (202) 
205-2560.

    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 (2011).

    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on July 14, 2011, 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 electric fireplaces, components thereof, manuals for same, 
certain processes for manufacturing or relating to same and certain 
products containing same by reason of infringement of U.S. Copyright 
Registration Nos. TX0007350474; TX0007350476; VA0001772660; and 
VA0001772661, 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)(A) 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 electric fireplaces, components thereof, manuals for same, 
certain processes for manufacturing or relating to same and certain 
products containing same by reason of misappropriation of trade secrets 
or unfair competition, the threat or effect of which is to destroy or 
substantially injure an industry in the United States;
    (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 complainants are:

Twin-Star International, Inc., 1690 South Congress Avenue, Suite 210, 
Delray Beach, FL 33445.
TS Investment Holding Corp., c/o Trivest Partners, L.P., 2665 South 
Bayshore Drive, 8th Floor, Miami, FL 33133.

    (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:

Shenzhen Reliap Industrial Co., No. 3 Chuangye Road, The Third 
Industrial Zone, Shiyan Town, Baoan District, Shenzhen, China.
Yue Qiu Sheng (a.k.a. Jason Yue), Room 507, Building 3, Bang 
Dao Yuang, Bu Ji Town, Shenzhen City, China 518112.

    (c) The Office of Unfair Import Investigations, U.S. International 
Trade Commission, 500 E Street, SW., Suite 401, Washington, DC 20436; 
and
    (3) 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

[[Page 43346]]

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: July 14, 2011.

    By order of the Commission.
James R. Holbein,
Secretary to the Commission.
[FR Doc. 2011-18216 Filed 7-19-11; 8:45 am]
BILLING CODE 7020-02-P