Certain Starter Motors and Alternators; Determination Not To Review an Initial Determination; Request for Written Submissions on Remedy, the Public Interest, and Bonding, 8898-8900 [2012-3467]
Download as PDF
<![CDATA[
8898
Federal Register / Vol. 77, No. 31 / Wednesday, February 15, 2012 / Notices
public inspection at the Office of the
Secretary and on EDIS.
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 210.8(c) of
the Commission’s Rules of Practice and
Procedure (19 CFR 201.10, 210.8(c)).
Issued: February 10, 2012.
By order of the Commission.
James R. Holbein,
Secretary to the Commission.
[FR Doc. 2012–3567 Filed 2–14–12; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–650]
Certain Coaxial Cable Connectors and
Components Thereof and Products
Containing Same; Notice of
Commission Advisory Opinion
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
Notice is hereby given that
the U.S. International Trade
Commission has issued an advisory
opinion in the above-captioned
investigation.
FOR FURTHER INFORMATION CONTACT: Jean
Jackson, Esq., Office of the General
Counsel, U.S. International Trade
Commission, 500 E Street SW.,
Washington, DC 20436, telephone (202)
205–3104. 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 (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 May 30, 2008, based on a complaint
filed by John Mezzalingua Associates,
Inc., d/b/a PPC, Inc. of East Syracuse,
New York (‘‘PPC’’). 73 FR 31145 (May
30, 2008). The complaint alleged
violations of section 337 of the Tariff
Act of 1930 (19 U.S.C. 1337) (‘‘Section
sroberts on DSK5SPTVN1PROD with NOTICES
SUMMARY:
VerDate Mar<15>2010
17:09 Feb 14, 2012
Jkt 226001
337’’) in the importation into the United
States, the sale for importation, and the
sale within the United States after
importation of certain coaxial cable
connectors and components thereof and
products containing the same by reason
of infringement of various patents,
including U.S. Patent No. 6,558,194
(‘‘the ‘194 patent’’). The notice of
institution named eight respondents.
After institution, two respondents were
terminated based on consent orders and
four respondents were found to be in
default (‘‘defaulting respondents’’). Two
respondents, Fu-Ching Technical
Industry, Co., Ltd., and Gem Electronics,
Inc., remained active.
On October 13, 2009, the
Administrative Law Judge (‘‘ALJ’’)
issued his final initial determination
(‘‘ID’’) and recommended determination
on remedy and bonding. The ALJ found
a violation of section 337 by the
defaulting respondents in connection
with the ‘194 patent. On December 14,
2009, the Commission determined to
review the final ID in part, but the
Commission did not review the ALJ’s
determination with respect to the ‘194
patent. The Commission issued a
general exclusion order on March 31,
2010 with respect to the ‘194 patent
based on a finding of violation of
Section 337 by the defaulting
respondents.
On September 12, 2011, nonrespondent, Holland Electronics, LLC
(‘‘Holland’’) filed a request for an
advisory opinion under Commission
Rule 210.79 (19 CFR 210.79) that would
declare that its coaxial cable connectors,
utilizing an axial but not radial
compression for deformation, are
outside of the scope of the
Commission’s March 31, 2010 general
exclusion order. Holland further
requested that the Commission conduct
all proceedings related to the advisory
opinion in an expedited manner and not
refer the matter to an administrative law
judge (ALJ).
On October 31, 2011, the Commission
determined to institute an advisory
opinion proceeding based on Holland’s
request. 76 FR 68504 (November 4,
2011). The Commission directed PPC
and the Commission Investigative
Attorney (‘‘IA’’) to state their views
regarding whether they oppose
Holland’s request for an advisory
opinion that its subject connectors are
not covered by the March 31, 2010,
general exclusion order, and if so,
whether they believe the matter should
be referred to an ALJ. Id. On November
11, 2011, PPC filed a response in
support of Holland’s request for an
advisory opinion. On November 14,
2011, the IA also filed a response in
PO 00000
Frm 00098
Fmt 4703
Sfmt 4703
support of Holland’s request. Both PPC
and the IA stated that it was not
necessary to refer this matter to the ALJ.
The Commission has reviewed the
parties’ submissions and has
determined to grant Holland’s request
for an advisory opinion that its products
embodying the design set forth in
Exhibit H to Holland’s advisory opinion
request, and specifically the products
listed in Exhibit I to Holland’s request
that embody that design, are not covered
by the Commission’s general exclusion
order issued on March 31, 2010.
The authority for the Commission’s
determination is contained in section
337 of the Tariff Act of 1930, as
amended (19 U.S.C. 1337), and in
section 210.79(a) of the Commission’s
Rules of Practice and Procedure (19 CFR
210.79(a)).
By order of the Commission.
Issued: February 9, 2012.
James R. Holbein,
Secretary to the Commission.
[FR Doc. 2012–3466 Filed 2–14–12; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–755]
Certain Starter Motors and Alternators;
Determination Not To Review an Initial
Determination; Request for Written
Submissions on Remedy, the Public
Interest, and Bonding
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
Notice is hereby given that
the U.S. International Trade
Commission has determined not to
review the presiding administrative law
judge’s (‘‘ALJ’’) initial determination
(‘‘ID’’) (Order No. 52) granting a joint
motion to terminate the investigation as
to respondent Electric Motor Service,
Inc. (EMS) of Logan, West Virginia. The
Commission is also requesting written
submissions concerning a remedy
against a defaulted respondent.
FOR FURTHER INFORMATION CONTACT: Jean
H. Jackson, Esq., Office of the General
Counsel, U.S. International Trade
Commission, 500 E Street SW.,
Washington, DC 20436, telephone (202)
205–3104. 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,
SUMMARY:
E:\FR\FM\15FEN1.SGM
15FEN1
sroberts on DSK5SPTVN1PROD with NOTICES
Federal Register / Vol. 77, No. 31 / Wednesday, February 15, 2012 / Notices
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 January 19, 2011, based on a
complaint filed by Remy International,
Inc. and Remy Technologies, L.L.C. both
of Pendleton, Indiana (collectively,
‘‘Remy’’). 76 FR 3158 (Jan. 19, 2011).
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 starter
motors and alternators that by reason of
infringement of certain claims of U.S.
Patent Nos. 5,105,114 (‘‘the ’114
patent’’); 5,252,878 (‘‘the ’878 patent’’);
5,268,605 (‘‘the ’605 patent); 5,295,404
(‘‘the ’404 patent’’); 5,307,700 (‘‘the ’700
patent’’); 5,315,195 (‘‘the ’195 patent’’);
and 5,453,648 (‘‘the ’648 patent’’). On
May 13, 2011, the Commission
determined not to review an ID granting
Remy’s motion to amend the complaint
and notice of investigation to add two
additional respondents. Notice (May 13,
2011). The notice of investigation, as
amended, names ten respondents.
On June 30, 2011, the Commission
terminated the investigation as to the
‘114 patent. Notice (June 30, 2011). On
the same date, the Commission
terminated Wuxi Susan Auto Parts
Company of Wuxi City, China from the
investigation based on a settlement
agreement. Notice (June 30, 2011). On
July 18, 2011, the Commission
terminated Yun Shen U.S.A., Inc. of San
Francisco, California based on a
settlement agreement. Notice (July 18,
2011). On July 28, 2011, the
Commission terminated Linhai Yongei
of Linhai City, China based on a
settlement agreement. Notice (July 28,
2011).
On August 27, 2011, the Commission
terminated Yongkang Boyu Auto Motor
Company of Yongkang, China based on
a consent order. Notice (Aug. 27, 2011).
On October 27, 2011, the Commission
terminated the investigation in part as to
respondent Wetherill Associates, Inc.
d/b/a WAI Global of Fort Lauderdale,
Florida (‘‘Wetherill’’) based on a consent
order that is limited to the ‘605, ‘404,
‘700 and ‘648 patents, and that excludes
VerDate Mar<15>2010
17:09 Feb 14, 2012
Jkt 226001
the ‘878 and ‘195 patents. Notice (Oct.
27, 2011). On December 2, 2011, the
Commission terminated the
investigation as to respondent Metric
Sales & Engineering, Inc. of Northfield,
Illinois based on a consent order. Notice
(Dec. 2, 2011). On December 29, 2011,
the Commission terminated the
investigation as to respondent Wan Li
Industrial Development, Inc. of South El
Monte, California based on a settlement
agreement. Notice (Dec. 29, 2011). Also
on December 29, 2011, the Commission
terminated the investigation as to
Wetherill based on a settlement
agreement. Notice (Dec. 29, 2011).
On January 14, 2012, the Commission
found respondent American Automotive
Parts, Inc. (AAP) of Niles, Illinois in
default. Notice (Jan. 12, 2012). On
January 24, 2012, the Commission
terminated the investigation as to
respondent Motorcar Parts of America,
Inc. of Torrance, California based on a
settlement agreement. Notice (Jan. 24,
2012).
On January 20, 2012, the ALJ issued
the subject ID, granting a joint motion
by Remy and EMS to terminate EMS
based on a settlement agreement. The
Commission investigative attorney
supported the motion. The ALJ found
that the motion was in compliance with
Commission rule 210.21(b)(1), 19 CFR
210.21(b)(1) and that termination of the
investigation as to EMS presented no
public interest concerns under
Commission rule 210.50(b)(2), 19 CFR
210.50(b)(2). No petitions for review of
this ID were filed. The Commission has
determined not to review the ID.
Section 337(g)(1) (19 U.S.C.
1337(g)(1)) and Commission Rule
210.16(c) (19 CFR 210.16(c)) authorize
the Commission to order limited relief
against a respondent found in default,
unless after consideration of the public
interest factors, it finds that such relief
should not issue. 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
against AAP. 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 are either adversely
affecting it or likely to do so. For
PO 00000
Frm 00099
Fmt 4703
Sfmt 4703
8899
background, see 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
order 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 President has 60 days to
approve or disapprove the
Commission’s action. 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: The 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.
Complainant and the investigative
attorney are also requested to submit
proposed remedial orders for the
Commission’s consideration.
Complainant is requested to state the
dates that the patents at issue 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 March 2, 2012.
Reply submissions must be filed no later
than the close of business on March 9,
2012. 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 8
true copies thereof on or before the
deadlines stated above with the Office
of the Secretary. Any person desiring to
submit a document (or portion thereof)
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
E:\FR\FM\15FEN1.SGM
15FEN1
8900
Federal Register / Vol. 77, No. 31 / Wednesday, February 15, 2012 / Notices
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 of the Tariff Act of 1930, as
amended, 19 U.S.C. 1337, and in
sections 210.16, 210.42, and 210.50 of
the Commission’s Rules of Practice and
Procedure, 19 CFR 210.16, 210.42, and
210.50.
By order of the Commission.
Issued: February 9, 2012.
James R. Holbein,
Secretary to the Commission.
[FR Doc. 2012–3467 Filed 2–14–12; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–768]
Certain Vaginal Ring Birth Control
Devices; Termination of the
Investigation Based on Withdrawal of
the Complaint
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
Notice is hereby given that
the U.S. International Trade
Commission has determined not to
review an initial determination (‘‘ID’’)
(Order No. 30) of the presiding
administrative law judge (‘‘ALJ’’)
terminating the above-captioned
investigation based on withdrawal of
the complaint.
FOR FURTHER INFORMATION CONTACT:
Clint Gerdine, Esq., Office of the
General Counsel, U.S. International
Trade Commission, 500 E Street SW.,
Washington, DC 20436, telephone (202)
708–2310. 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
sroberts on DSK5SPTVN1PROD with NOTICES
SUMMARY:
VerDate Mar<15>2010
17:09 Feb 14, 2012
Jkt 226001
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 25, 2011, based on a
complaint filed by Femina Pharma
Incorporated of Miami, Florida. 76 FR
17444. 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 vaginal birth control devices by
reason of infringement of certain claims
of U.S. Patent No. 6,086,909. The
complaint further alleges the existence
of a domestic industry. The
Commission’s notice of investigation
named the following respondents: The
Canamerican Drugs Inc., The
Canamerican Global, Inc., Canadian
Med Service, Panther Meds Inc., Canada
Drugs Online, Canadadrugs.com LP, and
North Drug Store, collectively of
Winnipeg, Manitoba, Canada; Drug
World Canada, CanDrug Health
Solutions Inc., Big Mountain Drugs,
BestBuyRx.com, and Blue Sky Drugs,
collectively of Surrey, British Columbia,
Canada; ABC Online Pharmacy of
Burnaby, British Columbia, Canada;
Canada Pharmacy of Blaine, Washington
(collectively, ‘‘the non-participating
respondents’’); and Merck & Co., Inc. of
Whitehouse Station, New Jersey;
Schering Plough Corporation of
Kenilworth, New Jersey; CVS Caremark
Corporation (‘‘CVS Caremark’’) and CVS
Pharmacy, Inc., both collectively of
Woonsocket, Rhode Island; Wal-Mart
Stores, Inc. of Bentonville, Arkansas;
Walgreens Co. of Deerfield, Illinois;
Organon USA, Inc. of Durham, North
Carolina; and N.V. Organon of Oss,
Netherlands.
On June 3, 2011, the Commission
issued notice of its determination not to
review the ALJ’s ID granting
complainant’s and CVS Caremark’s joint
motion to terminate the investigation as
to CVS Caremark. On August 17, 2011,
the Commission issued notice of its
determination not to review the ALJ’s ID
finding the non-participating
respondents in default.
On January 17, 2012, complainant
moved to terminate the investigation as
to all respondents, including those
previously found in default, on the basis
of withdrawal of its complaint. No party
opposed the motion.
The ALJ issued the subject ID on
January 20, 2012, granting the motion
for termination of the investigation. He
found that the motion for termination
PO 00000
Frm 00100
Fmt 4703
Sfmt 4703
satisfied Commission rule 210.21(a). No
party petitioned for review of the ID.
The Commission has determined not to
review the ID, and the investigation is
terminated.
The authority for the Commission’s
determination is contained in section
337 of the Tariff Act of 1930, as
amended, 19 U.S.C. 1337, and in
sections 210.21 and 210.42(h) of the
Commission’s Rules of Practice and
Procedure, 19 CFR 210.21, 210.42(h).
Issued: February 9, 2012.
By order of the Commission.
James R. Holbein,
Secretary to the Commission.
[FR Doc. 2012–3468 Filed 2–14–12; 8:45 am]
BILLING CODE 7020–02–P
DEPARTMENT OF JUSTICE
Notice of Lodging of Consent Decree
Under the Comprehensive
Environmental Response, Liability, and
Compensation Act
Notice is hereby given that on
February 9, 2012, a proposed Consent
Decree in United States and Nebraska v.
NL Industries, Inc., Civil Action No.
8:12-cv-00059 was lodged with the
United States District Court for the
District of Nebraska.
In that lawsuit, the United States and
State of Nebraska seek to recover
response costs pursuant to the
Comprehensive Environmental
Response, Compensation and Liability
Act (‘‘CERCLA’’) in connection with the
U.S. Environmental Protection Agency’s
continuing cleanup of the Omaha Lead
Superfund Site. The proposed consent
decree will require NL Industries, Inc. to
pay $624,000 to the Hazardous
Substance Superfund in partial
reimbursement of the United States’
response costs and pay $26,000 to the
Nebraska Department of Environmental
Quality.
The Department of Justice will receive
for a period of thirty (30) days from the
date of this publication comments
relating to the Consent Decree.
Comments should be addressed to the
Assistant Attorney General,
Environment and Natural Resources
Division, and either emailed to
pubcomment-ees.enrd@usdoj.gov or
mailed to P.O. Box 7611, U.S.
Department of Justice, Washington, DC
20044–7611, and should refer to United
States and Nebraska v. NL Industries,
Inc., D.J. Ref. 90–11–3–07834/5.
During the public comment period,
the Consent Decree, may also be
examined on the following Department
of Justice Web site, https://
E:\FR\FM\15FEN1.SGM
15FEN1
]]>Agencies
[Federal Register Volume 77, Number 31 (Wednesday, February 15, 2012)]
[Notices]
[Pages 8898-8900]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-3467]
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-755]
Certain Starter Motors and Alternators; Determination Not To
Review an Initial Determination; Request for Written Submissions on
Remedy, the Public Interest, and Bonding
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that the U.S. International Trade
Commission has determined not to review the presiding administrative
law judge's (``ALJ'') initial determination (``ID'') (Order No. 52)
granting a joint motion to terminate the investigation as to respondent
Electric Motor Service, Inc. (EMS) of Logan, West Virginia. The
Commission is also requesting written submissions concerning a remedy
against a defaulted respondent.
FOR FURTHER INFORMATION CONTACT: Jean H. Jackson, Esq., Office of the
General Counsel, U.S. International Trade Commission, 500 E Street SW.,
Washington, DC 20436, telephone (202) 205-3104. 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,
[[Page 8899]]
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 January 19, 2011, based on a complaint filed by Remy International,
Inc. and Remy Technologies, L.L.C. both of Pendleton, Indiana
(collectively, ``Remy''). 76 FR 3158 (Jan. 19, 2011). 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 starter motors and alternators that by reason of infringement
of certain claims of U.S. Patent Nos. 5,105,114 (``the '114 patent'');
5,252,878 (``the '878 patent''); 5,268,605 (``the '605 patent);
5,295,404 (``the '404 patent''); 5,307,700 (``the '700 patent'');
5,315,195 (``the '195 patent''); and 5,453,648 (``the '648 patent'').
On May 13, 2011, the Commission determined not to review an ID granting
Remy's motion to amend the complaint and notice of investigation to add
two additional respondents. Notice (May 13, 2011). The notice of
investigation, as amended, names ten respondents.
On June 30, 2011, the Commission terminated the investigation as to
the `114 patent. Notice (June 30, 2011). On the same date, the
Commission terminated Wuxi Susan Auto Parts Company of Wuxi City, China
from the investigation based on a settlement agreement. Notice (June
30, 2011). On July 18, 2011, the Commission terminated Yun Shen U.S.A.,
Inc. of San Francisco, California based on a settlement agreement.
Notice (July 18, 2011). On July 28, 2011, the Commission terminated
Linhai Yongei of Linhai City, China based on a settlement agreement.
Notice (July 28, 2011).
On August 27, 2011, the Commission terminated Yongkang Boyu Auto
Motor Company of Yongkang, China based on a consent order. Notice (Aug.
27, 2011). On October 27, 2011, the Commission terminated the
investigation in part as to respondent Wetherill Associates, Inc. d/b/a
WAI Global of Fort Lauderdale, Florida (``Wetherill'') based on a
consent order that is limited to the `605, `404, `700 and `648 patents,
and that excludes the `878 and `195 patents. Notice (Oct. 27, 2011). On
December 2, 2011, the Commission terminated the investigation as to
respondent Metric Sales & Engineering, Inc. of Northfield, Illinois
based on a consent order. Notice (Dec. 2, 2011). On December 29, 2011,
the Commission terminated the investigation as to respondent Wan Li
Industrial Development, Inc. of South El Monte, California based on a
settlement agreement. Notice (Dec. 29, 2011). Also on December 29,
2011, the Commission terminated the investigation as to Wetherill based
on a settlement agreement. Notice (Dec. 29, 2011).
On January 14, 2012, the Commission found respondent American
Automotive Parts, Inc. (AAP) of Niles, Illinois in default. Notice
(Jan. 12, 2012). On January 24, 2012, the Commission terminated the
investigation as to respondent Motorcar Parts of America, Inc. of
Torrance, California based on a settlement agreement. Notice (Jan. 24,
2012).
On January 20, 2012, the ALJ issued the subject ID, granting a
joint motion by Remy and EMS to terminate EMS based on a settlement
agreement. The Commission investigative attorney supported the motion.
The ALJ found that the motion was in compliance with Commission rule
210.21(b)(1), 19 CFR 210.21(b)(1) and that termination of the
investigation as to EMS presented no public interest concerns under
Commission rule 210.50(b)(2), 19 CFR 210.50(b)(2). No petitions for
review of this ID were filed. The Commission has determined not to
review the ID.
Section 337(g)(1) (19 U.S.C. 1337(g)(1)) and Commission Rule
210.16(c) (19 CFR 210.16(c)) authorize the Commission to order limited
relief against a respondent found in default, unless after
consideration of the public interest factors, it finds that such relief
should not issue. 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 against AAP. 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 are either
adversely affecting it or likely to do so. For background, see 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 order 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 President has 60
days to approve or disapprove the Commission's action. 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: The 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. Complainant and the investigative attorney are also
requested to submit proposed remedial orders for the Commission's
consideration. Complainant is requested to state the dates that the
patents at issue 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 March 2, 2012.
Reply submissions must be filed no later than the close of business on
March 9, 2012. 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 8 true copies thereof on or before the deadlines stated above with
the Office of the Secretary. Any person desiring to submit a document
(or portion thereof) 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
[[Page 8900]]
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 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, and
in sections 210.16, 210.42, and 210.50 of the Commission's Rules of
Practice and Procedure, 19 CFR 210.16, 210.42, and 210.50.
By order of the Commission.
Issued: February 9, 2012.
James R. Holbein,
Secretary to the Commission.
[FR Doc. 2012-3467 Filed 2-14-12; 8:45 am]
BILLING CODE 7020-02-P
