Certain Ground Fault Circuit Interrupters and Products Containing Same; Notice of Final Determination; Issuance of General Exclusion Order and Cease and Desist Orders; Termination of Investigation, 26579-26580 [2012-10742]

Download as PDF erowe on DSK2VPTVN1PROD with NOTICES Federal Register / Vol. 77, No. 87 / Friday, May 4, 2012 / Notices Management Agency) to obtain additional supplemental water supplies. • Promote seasonal flexibility of deliveries to the Exchange Contractors through exchange with CVP and SWP agricultural service and M&I contractors wherein water would be delivered and then returned at a later date within the year. Reclamation’s RWSP needs additional water to provide the refuges with the increment between Level 2 and Level 4 water quantities for fish and wildlife habitat development. The Exchange Contractors propose to transfer CVP water for the production of agricultural crops or livestock and/or municipal and industrial uses because of water supply shortages or when full contract deliveries cannot otherwise be made. The water transfers would occur largely within the San Joaquin Valley of central California but could extend to districts taking water deliveries in the North Delta. The Exchange Contractors’ service area covers parts of Fresno, Madera, Merced, and Stanislaus counties. The agricultural water users that would benefit from the potential transfers are located in the counties of Stanislaus, San Joaquin, Merced, Madera, Fresno, San Benito, Santa Clara, Tulare, Kern, Kings, Contra Costa, Alameda, Monterey, and Santa Cruz counties. The wetland habitat areas that may receive the water are located in Merced, Fresno, Kings, Tulare, and Kern counties. Some of the resources potentially affected by transfers under the proposed twenty-five year transfer program that are evaluated in the Draft EIS/EIR include: surface water including the San Joaquin River, groundwater, biological resources, land uses including agricultural lands, air quality/climate change, socioeconomics including impacts to agricultural production, and environmental justice. Copies of the Draft EIS/EIR are available for public review at the following locations: • Bureau of Reclamation, Regional Library, 2800 Cottage Way, Sacramento, CA 95825–1898 • Bureau of Reclamation, Denver Office Library, P.O. Box 25007, Mail Code 84–21320, Denver, CO 80225– 0007 • California State Library, 914 Capitol Mall, Suite E–29, Sacramento, CA 95814–4802 • University of California, Berkeley, Water Resources Center Archives, 410 O’Brien Hall, Berkeley, CA 94720–1718 • University of California, Davis, Peter J. Shields Library, Documents Department, 100 Northwest Quad, Davis, CA 95616–5292 VerDate Mar<15>2010 15:20 May 03, 2012 Jkt 226001 • California Research Bureau, California State Library, PO Box 942837, Sacramento, CA 94237–0001 • Fresno County Public Library, Government Publications, 2420 Mariposa Street Fresno, CA 93721–2204 • Merced County Library, 2100 O Street, Merced, CA 95340–3637 • Merced County Public Library, 1312 South 7th Street, Los Banos, CA 93635– 4757 • Stanislaus County Library, 1500 I Street, Modesto, CA 95354 • San Francisco Public Library, Government Documents Department, 100 Larkin Street, San Francisco, CA 94102 Special Assistance for Public Meetings If special assistance is required to participate in the public meetings, please contact Mr. Brad Hubbard at 916–978–5204, TDD 916–978–5608, or via email at bhubbard@usbr.gov. Please notify Mr. Hubbard as far in advance as possible to enable Reclamation to secure the needed services. If a request cannot be honored, the requestor will be notified. A telephone device for the hearing impaired (TDD) is available at 916–978–5608. Public Disclosure Before including your name, address, phone number, email address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so. Dated: March 5, 2012. Pablo R. Arroyave, Deputy Regional Director, Mid-Pacific Region. [FR Doc. 2012–10766 Filed 5–3–12; 8:45 am] BILLING CODE 4310–MN–P INTERNATIONAL TRADE COMMISSION [Investigation No. 731–TA–683 (Third Review)] Fresh Garlic From China; Determination On the basis of the record 1 developed in the subject five-year review, the United States International Trade Commission (Commission) determines, pursuant to section 751(c) of the Tariff 1 The record is defined in sec. 207.2(f) of the Commission’s Rules of Practice and Procedure (19 CFR 207.2(f)). PO 00000 Frm 00093 Fmt 4703 Sfmt 4703 26579 Act of 1930 (19 U.S.C. 1675(c)), that revocation of the antidumping duty order on fresh garlic from China would be likely to lead to continuation or recurrence of material injury to an industry in the United States within a reasonably foreseeable time. Background The Commission instituted this review on September 1, 2011 (76 FR 54487) and determined on December 5, 2011 that it would conduct an expedited review (76 FR 78694, December 19, 2011). The Commission transmitted its determination in this review to the Secretary of Commerce on April 27, 2012. The views of the Commission are contained in USITC Publication 4316 (April 2012), entitled Fresh Garlic from China: Investigation No. 731–TA–683 (Third Review). By order of the Commission. Issued: April 27, 2012. James R. Holbein, Secretary to the Commission. [FR Doc. 2012–10743 Filed 5–3–12; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–739] Certain Ground Fault Circuit Interrupters and Products Containing Same; Notice of Final Determination; Issuance of General Exclusion Order and Cease and Desist Orders; Termination of Investigation U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that the U.S. International Trade Commission has determined that a violation of section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337) has been shown to exist in the abovecaptioned investigation and has issued a general exclusion order and cease and desist orders. The investigation is terminated. FOR FURTHER INFORMATION CONTACT: Clark S. Cheney, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, telephone 202– 205–2661. 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 SUMMARY: E:\FR\FM\04MYN1.SGM 04MYN1 erowe on DSK2VPTVN1PROD with NOTICES 26580 Federal Register / Vol. 77, No. 87 / Friday, May 4, 2012 / Notices 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 October 8, 2010, based on a complaint and an amended complaint filed by Leviton Manufacturing Co., of Melville, New York (‘‘Leviton’’). 75 FR 62420 (Oct. 8, 2010). The complaint and amended complaint alleged 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 ground fault circuit interrupters and products containing the same by reason of infringement of claims 1–7, 9– 11, 13–17, 23–26, and 32–36 of U.S. Patent No. 7,463,124 (‘‘the ’124 patent’’); claims 1–11, 13–28, 30–59, 61–64, and 74–83 of U.S. Patent No. 7,737,809 (‘‘the ’809 patent’’); and claims 1–4 and 8 of U.S. Patent No. 7,764,151 (‘‘the ’151 patent’’). The notice of investigation named numerous respondents, and during the course of the investigation several of the respondents were found to be in default or were terminated on the basis of settlement agreements, consent orders, or withdrawn allegations. At the time of the evidentiary hearing, seven respondents remained in the investigation, consisting of Zhejiang Trimone Electric Science & Technology Co. Ltd., of Zhejiang, China (‘‘Trimone’’); Fujian Hongan Electric Co, Ltd., of Fujian, China (‘‘Hongan’’); TDE, Inc., of Bellevue, Washington (‘‘TDE’’); Shanghai ELE Manufacturing Corp., of Shanghai, China (‘‘ELE’’); Orbit Industries, Inc., of Los Angeles, California (‘‘Orbit’’); American Electric Depot Inc., of Fresh Meadows, New York (‘‘AED’’); and Shanghai Jia AO Electrical Co. (‘‘Shanghai Jia’’). On December 20, 2011, the presiding administrative law judge (‘‘ALJ’’) issued his final initial determination (‘‘ID’’) in this investigation finding that Leviton had not sufficiently shown that a domestic industry exists with respect to articles protected by the asserted patents. Accordingly, the ALJ found no violation of section 337. On February 21, 2012, the Commission issued a notice that it had VerDate Mar<15>2010 15:20 May 03, 2012 Jkt 226001 determined to review the ID in its entirety and requested submissions from the parties on certain issues under review and from the parties and the public on the issues of remedy, the public interest, and bonding. In response to the Commission’s notice of review, Leviton, Trimone, Hongan, TDE, the Commission investigative attorney, and non-party Pass & Seymour, Inc. filed submissions and replies. Pass & Seymour, Inc. also submitted a motion for leave to file a sur-reply, which the Commission has denied. Upon review of the final ID, the submissions received in response to the Commission’s notice of review, and the record of the investigation, the Commission has determined that a violation of section 337 has been shown based on infringement of claims 1–4, 6, 8–11, 13, 15–16, 35–37, 39, and 41–46 of the ’809 patent. The Commission has determined that certain claims of the ’124 and ’151 patents are invalid and no violation based on those patents has been shown. The Commission has determined that the appropriate form of relief is as follows: (1) a general exclusion order prohibiting the unlicensed entry of ground fault circuit interrupters and products containing the same that infringe one or more of claims 1–4, 6, 8–11, 13, 15–16, 35–37, 39, and 41–46 of the ’809 patent, and (2) cease and desist orders prohibiting defaulting respondents Menard, Inc., of Eau Claire, Wisconsin; Garvin Industries, Inc., of Franklin Park, Illinois; Aubuchon Co., Inc., of Westminster, Massachusetts; Westside Wholesale Electric & Lighting, Inc., of Los Angeles, California; New Aspen Devices Corporation, of Brooklyn, New York; American Ace Supply Inc., of San Francisco, California; Contractor Lighting & Supply, Inc., of Columbus, Ohio; Littman Bros. Energy Supplies, Inc., of Schaumburg, Illinois; Safety Plus, Inc., of McFarland, Wisconsin; Norcross Electric Supply Co. of Suwanee, Georgia; Royal Pacific Ltd. of Albuquerque, New Mexico; and Zhejiang Easting House Electric Co. of Zhejiang, China, from conducting any of the following activities in the United States: Importing, selling, marketing, advertising, distributing, offering for sale, transferring (except for exportation), and soliciting U.S. agents or distributors for ground fault circuit interrupters and products containing the same that infringe one or more of claims 1–4, 6, 8–11, 13, 15–16, 35–37, 39, and 41–46 of the ’809 patent. The Commission has further determined that the public interest PO 00000 Frm 00094 Fmt 4703 Sfmt 4703 factors enumerated in subsections (d)(1) and (f) (19 U.S.C. 1337(d)(1), (f)) do not preclude issuance of the general exclusion order or the cease and desist orders. Finally, the Commission has determined that a bond of $0.25 per unit is required to permit temporary importation of the articles in question during the period of Presidential review (19 U.S.C. 1337(j)). The Commission’s orders and the record upon which it based its determination were delivered to the President and to the United States Trade Representative on the day of their issuance. The Commission has also notified the Secretary of the Treasury of the orders. The Commission has terminated the investigation. 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 Part 210 of the Commission’s Rules of Practice and Procedure (19 CFR part 210). By order of the Commission. Issued: April 27, 2012. James R. Holbein, Secretary to the Commission. [FR Doc. 2012–10742 Filed 5–3–12; 8:45 am] BILLING CODE 7020–02–P DEPARTMENT OF JUSTICE [CPCLO Order No. 010–2012] Privacy Act of 1974; System of Records United States Department of Justice. ACTION: Modified System of Records. AGENCY: Pursuant to the Privacy Act of 1974 (5 U.S.C. 552a), the United States Department of Justice (‘‘Department’’ or ‘‘DOJ’’) proposes to modify the system of records entitled ‘‘Freedom of Information Act, Privacy Act, and Mandatory Declassification Review Records (DOJ–004),’’ last published at 77 FR 16066 (Mar. 19, 2012). DOJ is modifying this notice by removing all references to ‘‘Ombudsman,’’ a term used internally within the Office of Information Policy (OIP) for decades, and instead more clearly describing OIP’s role as responding to inquiries regarding federal agency compliance with the Freedom of Information Act (FOIA); by revising routine use (f) in order to clarify that records may be provided to the National Archives and Records Administration, Office of Government Information Services (OGIS), for all purposes set forth in 5 U.S.C. 552(h)(2)(A–B) and (3); and by SUMMARY: E:\FR\FM\04MYN1.SGM 04MYN1

Agencies

[Federal Register Volume 77, Number 87 (Friday, May 4, 2012)]
[Notices]
[Pages 26579-26580]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-10742]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-739]


Certain Ground Fault Circuit Interrupters and Products Containing 
Same; Notice of Final Determination; Issuance of General Exclusion 
Order and Cease and Desist Orders; Termination of Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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

SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined that a violation of section 337 of the Tariff 
Act of 1930, as amended (19 U.S.C. 1337) has been shown to exist in the 
above-captioned investigation and has issued a general exclusion order 
and cease and desist orders. The investigation is terminated.

FOR FURTHER INFORMATION CONTACT: Clark S. Cheney, Office of the General 
Counsel, U.S. International Trade Commission, 500 E Street SW., 
Washington, DC 20436, telephone 202-205-2661. 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

[[Page 26580]]

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 October 8, 2010, based on a complaint and an amended complaint filed 
by Leviton Manufacturing Co., of Melville, New York (``Leviton''). 75 
FR 62420 (Oct. 8, 2010). The complaint and amended complaint alleged 
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 ground fault circuit interrupters and products containing the 
same by reason of infringement of claims 1-7, 9-11, 13-17, 23-26, and 
32-36 of U.S. Patent No. 7,463,124 (``the '124 patent''); claims 1-11, 
13-28, 30-59, 61-64, and 74-83 of U.S. Patent No. 7,737,809 (``the '809 
patent''); and claims 1-4 and 8 of U.S. Patent No. 7,764,151 (``the 
'151 patent''). The notice of investigation named numerous respondents, 
and during the course of the investigation several of the respondents 
were found to be in default or were terminated on the basis of 
settlement agreements, consent orders, or withdrawn allegations. At the 
time of the evidentiary hearing, seven respondents remained in the 
investigation, consisting of Zhejiang Trimone Electric Science & 
Technology Co. Ltd., of Zhejiang, China (``Trimone''); Fujian Hongan 
Electric Co, Ltd., of Fujian, China (``Hongan''); TDE, Inc., of 
Bellevue, Washington (``TDE''); Shanghai ELE Manufacturing Corp., of 
Shanghai, China (``ELE''); Orbit Industries, Inc., of Los Angeles, 
California (``Orbit''); American Electric Depot Inc., of Fresh Meadows, 
New York (``AED''); and Shanghai Jia AO Electrical Co. (``Shanghai 
Jia'').
    On December 20, 2011, the presiding administrative law judge 
(``ALJ'') issued his final initial determination (``ID'') in this 
investigation finding that Leviton had not sufficiently shown that a 
domestic industry exists with respect to articles protected by the 
asserted patents. Accordingly, the ALJ found no violation of section 
337.
    On February 21, 2012, the Commission issued a notice that it had 
determined to review the ID in its entirety and requested submissions 
from the parties on certain issues under review and from the parties 
and the public on the issues of remedy, the public interest, and 
bonding.
    In response to the Commission's notice of review, Leviton, Trimone, 
Hongan, TDE, the Commission investigative attorney, and non-party Pass 
& Seymour, Inc. filed submissions and replies. Pass & Seymour, Inc. 
also submitted a motion for leave to file a sur-reply, which the 
Commission has denied.
    Upon review of the final ID, the submissions received in response 
to the Commission's notice of review, and the record of the 
investigation, the Commission has determined that a violation of 
section 337 has been shown based on infringement of claims 1-4, 6, 8-
11, 13, 15-16, 35-37, 39, and 41-46 of the '809 patent. The Commission 
has determined that certain claims of the '124 and '151 patents are 
invalid and no violation based on those patents has been shown.
    The Commission has determined that the appropriate form of relief 
is as follows: (1) a general exclusion order prohibiting the unlicensed 
entry of ground fault circuit interrupters and products containing the 
same that infringe one or more of claims 1-4, 6, 8-11, 13, 15-16, 35-
37, 39, and 41-46 of the '809 patent, and (2) cease and desist orders 
prohibiting defaulting respondents Menard, Inc., of Eau Claire, 
Wisconsin; Garvin Industries, Inc., of Franklin Park, Illinois; 
Aubuchon Co., Inc., of Westminster, Massachusetts; Westside Wholesale 
Electric & Lighting, Inc., of Los Angeles, California; New Aspen 
Devices Corporation, of Brooklyn, New York; American Ace Supply Inc., 
of San Francisco, California; Contractor Lighting & Supply, Inc., of 
Columbus, Ohio; Littman Bros. Energy Supplies, Inc., of Schaumburg, 
Illinois; Safety Plus, Inc., of McFarland, Wisconsin; Norcross Electric 
Supply Co. of Suwanee, Georgia; Royal Pacific Ltd. of Albuquerque, New 
Mexico; and Zhejiang Easting House Electric Co. of Zhejiang, China, 
from conducting any of the following activities in the United States: 
Importing, selling, marketing, advertising, distributing, offering for 
sale, transferring (except for exportation), and soliciting U.S. agents 
or distributors for ground fault circuit interrupters and products 
containing the same that infringe one or more of claims 1-4, 6, 8-11, 
13, 15-16, 35-37, 39, and 41-46 of the '809 patent.
    The Commission has further determined that the public interest 
factors enumerated in subsections (d)(1) and (f) (19 U.S.C. 1337(d)(1), 
(f)) do not preclude issuance of the general exclusion order or the 
cease and desist orders. Finally, the Commission has determined that a 
bond of $0.25 per unit is required to permit temporary importation of 
the articles in question during the period of Presidential review (19 
U.S.C. 1337(j)). The Commission's orders and the record upon which it 
based its determination were delivered to the President and to the 
United States Trade Representative on the day of their issuance. The 
Commission has also notified the Secretary of the Treasury of the 
orders.
    The Commission has terminated the investigation.
    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 Part 210 of the Commission's Rules of Practice and Procedure (19 CFR 
part 210).

    By order of the Commission.

    Issued: April 27, 2012.

James R. Holbein,
Secretary to the Commission.
[FR Doc. 2012-10742 Filed 5-3-12; 8:45 am]
BILLING CODE 7020-02-P
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