Certain Lighting Control Devices Including Dimmer Switches and Parts Thereof (IV); Final Determination of Violation; Issuance of a General Exclusion Order and Cease and Desist Orders; and Termination of the Investigation, 64827-64828 [2012-26042]

Download as PDF Federal Register / Vol. 77, No. 205 / Tuesday, October 23, 2012 / Notices 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. 1675(c)), the subject reviews are terminated. DATES: Effective Date: September 27, 2012. FOR FURTHER INFORMATION CONTACT: Amy Sherman (202–205–3289), Office of Investigations, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436. Hearingimpaired 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 (http:// www.usitc.gov). Authority: These reviews are being terminated under authority of title VII of the Tariff Act of 1930; this notice is published pursuant to section 207.69 of the Commission’s rules (19 CFR 207.69). By order of the Commission. Issued: October 18, 2012. Lisa R. Barton, Acting Secretary to the Commission. [FR Doc. 2012–26035 Filed 10–22–12; 8:45 am] By order of the Commission. Issued: October 18, 2012. BILLING CODE 7020–02–P Lisa R. Barton, Acting Secretary to the Commission. INTERNATIONAL TRADE COMMISSION [FR Doc. 2012–26039 Filed 10–22–12; 8:45 am] BILLING CODE 7020–02–P [Investigation No. 337–TA–776] INTERNATIONAL TRADE COMMISSION Investigation Nos. 701–TA–402 and 731–TA–892 (Second Review); Honey From Argentina; Termination of FiveYear Reviews Certain Lighting Control Devices Including Dimmer Switches and Parts Thereof (IV); Final Determination of Violation; Issuance of a General Exclusion Order and Cease and Desist Orders; and Termination of the Investigation U.S. International Trade Commission. ACTION: Notice. AGENCY: United States International Trade Commission. ACTION: Notice. AGENCY: The subject five-year reviews were instituted in July 2012 to determine whether revocation of the countervailing duty order and antidumping duty order on imports of honey from Argentina would be likely to lead to continuation or recurrence of material injury. On September 21, 2012, the Department of Commerce published notice that it was revoking the orders effective August 2, 2012, because no domestic interested party responded to the sunset review notice of initiation by the applicable deadline (77 FR 58524). Accordingly, pursuant to section 751(c) of the Tariff Act of 1930 (19 U.S.C. SUMMARY: mstockstill on DSK4VPTVN1PROD with NOTICES SUMMARY: VerDate Mar<15>2010 17:22 Oct 22, 2012 Jkt 229001 Notice is hereby given that the U.S. International Trade Commission has terminated the abovecaptioned investigation with a finding of violation of section 337, and has issued a general exclusion order directed against infringing lighting control devices including dimmer switches and parts thereof, and cease and desist orders directed against respondents American Top Electric Corp. (‘‘American Top’’) and Big Deal Electric Corp. (‘‘Big Deal’’), both of Santa Ana, California; Elemental LED, LLC d/b/a Diode LED (‘‘Elemental’’) of Emeryville, California; and Zhejiang PO 00000 Frm 00034 Fmt 4703 Sfmt 4703 64827 Yuelong Mechanical and Electrical Co. (‘‘Zhejiang Yuelong’’) of Zhejiang, China. 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 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. 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 June 15, 2011, based on a complaint filed by Lutron Electronics Co., Inc. (‘‘Lutron’’) of Coopersburg, Pennsylvania. 76 FR 35015–16. 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 lighting control devices including dimmer switches and parts thereof by reason of infringement of certain claims of U.S. Patent No. 5,637,930 (‘‘the ’930 patent’’) and U.S. Patent No. 5,248,919 (‘‘the ’919 patent’’). The complaint further alleged the existence of a domestic industry. The Commission’s notice of investigation named the following respondents: American Top; Big Deal; Elemental; Zhejiang Lux Electric Co. Ltd. (‘‘Zhejiang Lux’’), Zhejiang Yuelong, and Wenzhou Huir Electric Science & Technology Co. Ltd. (‘‘Wenzhou Huir’’), all of Zhejiang, China; Westgate Manufacturing, Inc. (‘‘Westgate’’) of Vernon, California; Elemental LED, LLC (‘‘Elemental LED’’) and Diode LED (‘‘Diode’’) both of Emeryville, California; Pass & Seymour, Inc. (‘‘Pass & Seymour’’) of Syracuse, New York; and AH Lighting of Los Angeles, California. The Office of Unfair Import Investigations was named as a party to the investigation. On September 9, 2011, the Commission issued notice of its E:\FR\FM\23OCN1.SGM 23OCN1 mstockstill on DSK4VPTVN1PROD with NOTICES 64828 Federal Register / Vol. 77, No. 205 / Tuesday, October 23, 2012 / Notices determination not to review the presiding administrative law judge’s (‘‘ALJ’’) initial determination (‘‘ID’’) (Order No. 9) granting Lutron’s motion to amend the complaint and notice of investigation to substitute Elemental LED, LLC d/b/a Diode LED (‘‘Elemental’’) as a respondent in place of Elemental LED and Diode. On November 22, 2011 and February 27, 2012, respectively, the Commission issued notices of its determinations not to review the ALJ’s IDs (Order Nos. 10 and 15) terminating Pass & Seymour and AH Lighting from the investigation based on consent orders. On December 12, 2011, the ALJ issued an ID (Order No. 11) finding Elemental in default under Commission Rule 210.16(b)(3) based on its own election. On January 17, 2012, the Commission issued notice of its determination to review the ID, and on review to find Elemental in default under Commission Rules 210.16(a)(2) and (b)(2). Also, on January 17, 2012, Westgate filed a notice electing to default. On March 5, 2012, the ALJ issued an ID (Order No. 17) finding Westgate in default under Commission Rules 210.16(a)(2) and (b)(2). In the same ID, the ALJ found respondents Big Deal, American Top, Wenzhou Huir, Zhejiang Yuelong, and Zhejiang Lux in default under Commission Rule 210.16 for failing to respond to the complaint and notice of investigation, and for failing to respond to the show cause order issued on February 8, 2012 (Order No. 14). On March 21, 2012, the Commission issued notice of its determination not to review the ID finding these six respondents in default. On January 20, 2012, Lutron filed a motion for summary determination of violation of section 337 pursuant to Commission Rule 210.16(c)(2) and requested entry of a general exclusion order with respect to the ’930 patent. Lutron also requested entry of a limited exclusion order with respect to the ’919 patent directed against the accused products of all defaulting respondents. Lutron further requested cease and desist orders with respect to both asserted patents against all defaulting respondents, except for Westgate. The Commission investigative attorney (‘‘IA’’) filed a response supporting the motion. The ALJ issued the subject ID on June 7, 2012, granting in-part the motion for summary determination. The ALJ found that all defaulting respondents met the importation requirement and that complainant satisfied the domestic industry requirement. See 19 U.S.C. 1337(a)(1)(B), (a)(2). He found that each of the defaulting respondents’ accused VerDate Mar<15>2010 17:22 Oct 22, 2012 Jkt 229001 products infringe one or more of the asserted claims of the ’930 patent, except for one accused product with respect to claim 178. He found that the defaulting respondents infringe the asserted claims of the ’919 patent in accordance with Commission Rule 210.16(c). The ID also contained the ALJ’s recommended determination on remedy and bonding. Specifically, the ALJ recommended issuance of a limited exclusion order with respect to all defaulting respondents for the asserted claims of both asserted patents. Also, he recommended cease and desist orders directed against domestic respondents Big Deal, American Top, and Elemental with respect to the asserted claims of both asserted patents. The ALJ further recommended that the Commission set a bond of 100 percent of the entered value of the covered products during the period of Presidential review. On July 19, 2012, the Commission issued notice of its determination to review-in-part the ALJ’s ID. On review, the Commission vacated all portions of the ID relating to the ’919 patent because the patent expired on March 31, 2012. The Commission determined not to review the remainder of the ID. The Commission also requested written submissions on the issues of remedy, the public interest, and bonding from the parties and interested non-parties. 77 FR 43612–14 (July 25, 2012). On August 2 and 9, 2012, respectively, Lutron and the IA each filed a brief and a reply brief regarding remedy, the public interest, and bonding. The Commission has made its determination on the issues of remedy, the public interest, and bonding. The Commission has determined that the appropriate form of relief is both: (1) a general exclusion order prohibiting the unlicensed entry of lighting control devices including dimmer switches and parts thereof that infringe one or more of claims 36, 65, 94, and 178 of the ‘930 patent; and (2) cease and desist orders prohibiting American Top, Big Deal, Elemental, and Zhejiang Yuelong 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, lighting control devices including dimmer switches and parts thereof that infringe one or more of claims 36, 38–41, 53–56, 58, 60, 65, 67–70, 76, 82–83, 85, 87, 89, 94, 96–99, 105, 111–112, 114, 116, 118, 178, 180, 189, 193, and 197 of the ’930 patent. The Commission further determined that the public interest factors enumerated in sections 337(d)(1) and PO 00000 Frm 00035 Fmt 4703 Sfmt 4703 (g)(1) (19 U.S.C. 1337(d)(1), (g)(1)) do not preclude issuance of the general exclusion order or the cease and desist orders. Finally, the Commission determined that there shall be a bond in the amount of 100% of the entered value of the covered products to permit temporary importation during the period of Presidential review (19 U.S.C. 1337(j)). The Commission’s orders and opinion were delivered to the President and to the United States Trade Representative on the day of their issuance. The Commission has terminated this 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 section 210.50 of the Commission’s Rules of Practice and Procedure (19 CFR § 210.50). By order of the Commission. Issued: October 17, 2012. Lisa R. Barton, Acting Secretary to the Commission. [FR Doc. 2012–26042 Filed 10–22–12; 8:45 am] BILLING CODE 7020–02–P DEPARTMENT OF JUSTICE Office on Violence Against Women; Charter Reestablishment Office on Violence Against Women, United States Department of Justice. ACTION: Notice of Charter Reestablishment. AGENCY: Pursuant to the Federal Advisory Committee Act (FACA), as amended (5 U.S.C. App.2), and Title IX of the Violence Against Women Act of 2005 (VAWA 2005), the Attorney General has determined that the reestablishment of the Task Force on Research on Violence Against American Indian and Alaska Native Women (hereinafter ‘‘the Task Force’’) is necessary and in the public interest and will provide information that will assist the National Institute of Justice (NIJ) to develop and implement a program of research on violence against American Indian and Alaska Native women, including domestic violence, dating violence, sexual assault, stalking, and murder. The program of research will evaluate the effectiveness of the Federal, state, and tribal response to violence against Indian women and will propose recommendations to improve these responses. Title IX of VAWA 2005 also required the Attorney General to establish a Task Force to assist NIJ with development of the research study and SUMMARY: E:\FR\FM\23OCN1.SGM 23OCN1

Agencies

[Federal Register Volume 77, Number 205 (Tuesday, October 23, 2012)]
[Notices]
[Pages 64827-64828]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-26042]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-776]


Certain Lighting Control Devices Including Dimmer Switches and 
Parts Thereof (IV); Final Determination of Violation; Issuance of a 
General Exclusion Order and Cease and Desist Orders; and Termination of 
the Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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

SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has terminated the above-captioned investigation with a 
finding of violation of section 337, and has issued a general exclusion 
order directed against infringing lighting control devices including 
dimmer switches and parts thereof, and cease and desist orders directed 
against respondents American Top Electric Corp. (``American Top'') and 
Big Deal Electric Corp. (``Big Deal''), both of Santa Ana, California; 
Elemental LED, LLC d/b/a Diode LED (``Elemental'') of Emeryville, 
California; and Zhejiang Yuelong Mechanical and Electrical Co. 
(``Zhejiang Yuelong'') of Zhejiang, China.

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 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. 
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 June 15, 2011, based on a complaint filed by Lutron Electronics Co., 
Inc. (``Lutron'') of Coopersburg, Pennsylvania. 76 FR 35015-16. The 
complaint alleges violations of section 337 of the Tariff Act of 1930, 
as amended, 19 U.S.C. Sec.  1337, in the importation into the United 
States, the sale for importation, and the sale within the United States 
after importation of certain lighting control devices including dimmer 
switches and parts thereof by reason of infringement of certain claims 
of U.S. Patent No. 5,637,930 (``the '930 patent'') and U.S. Patent No. 
5,248,919 (``the '919 patent''). The complaint further alleged the 
existence of a domestic industry. The Commission's notice of 
investigation named the following respondents: American Top; Big Deal; 
Elemental; Zhejiang Lux Electric Co. Ltd. (``Zhejiang Lux''), Zhejiang 
Yuelong, and Wenzhou Huir Electric Science & Technology Co. Ltd. 
(``Wenzhou Huir''), all of Zhejiang, China; Westgate Manufacturing, 
Inc. (``Westgate'') of Vernon, California; Elemental LED, LLC 
(``Elemental LED'') and Diode LED (``Diode'') both of Emeryville, 
California; Pass & Seymour, Inc. (``Pass & Seymour'') of Syracuse, New 
York; and AH Lighting of Los Angeles, California. The Office of Unfair 
Import Investigations was named as a party to the investigation.
    On September 9, 2011, the Commission issued notice of its

[[Page 64828]]

determination not to review the presiding administrative law judge's 
(``ALJ'') initial determination (``ID'') (Order No. 9) granting 
Lutron's motion to amend the complaint and notice of investigation to 
substitute Elemental LED, LLC d/b/a Diode LED (``Elemental'') as a 
respondent in place of Elemental LED and Diode. On November 22, 2011 
and February 27, 2012, respectively, the Commission issued notices of 
its determinations not to review the ALJ's IDs (Order Nos. 10 and 15) 
terminating Pass & Seymour and AH Lighting from the investigation based 
on consent orders.
    On December 12, 2011, the ALJ issued an ID (Order No. 11) finding 
Elemental in default under Commission Rule 210.16(b)(3) based on its 
own election. On January 17, 2012, the Commission issued notice of its 
determination to review the ID, and on review to find Elemental in 
default under Commission Rules 210.16(a)(2) and (b)(2). Also, on 
January 17, 2012, Westgate filed a notice electing to default. On March 
5, 2012, the ALJ issued an ID (Order No. 17) finding Westgate in 
default under Commission Rules 210.16(a)(2) and (b)(2). In the same ID, 
the ALJ found respondents Big Deal, American Top, Wenzhou Huir, 
Zhejiang Yuelong, and Zhejiang Lux in default under Commission Rule 
210.16 for failing to respond to the complaint and notice of 
investigation, and for failing to respond to the show cause order 
issued on February 8, 2012 (Order No. 14). On March 21, 2012, the 
Commission issued notice of its determination not to review the ID 
finding these six respondents in default.
    On January 20, 2012, Lutron filed a motion for summary 
determination of violation of section 337 pursuant to Commission Rule 
210.16(c)(2) and requested entry of a general exclusion order with 
respect to the '930 patent. Lutron also requested entry of a limited 
exclusion order with respect to the '919 patent directed against the 
accused products of all defaulting respondents. Lutron further 
requested cease and desist orders with respect to both asserted patents 
against all defaulting respondents, except for Westgate. The Commission 
investigative attorney (``IA'') filed a response supporting the motion.
    The ALJ issued the subject ID on June 7, 2012, granting in-part the 
motion for summary determination. The ALJ found that all defaulting 
respondents met the importation requirement and that complainant 
satisfied the domestic industry requirement. See 19 U.S.C. 
1337(a)(1)(B), (a)(2). He found that each of the defaulting 
respondents' accused products infringe one or more of the asserted 
claims of the '930 patent, except for one accused product with respect 
to claim 178. He found that the defaulting respondents infringe the 
asserted claims of the '919 patent in accordance with Commission Rule 
210.16(c). The ID also contained the ALJ's recommended determination on 
remedy and bonding. Specifically, the ALJ recommended issuance of a 
limited exclusion order with respect to all defaulting respondents for 
the asserted claims of both asserted patents. Also, he recommended 
cease and desist orders directed against domestic respondents Big Deal, 
American Top, and Elemental with respect to the asserted claims of both 
asserted patents. The ALJ further recommended that the Commission set a 
bond of 100 percent of the entered value of the covered products during 
the period of Presidential review.
    On July 19, 2012, the Commission issued notice of its determination 
to review-in-part the ALJ's ID. On review, the Commission vacated all 
portions of the ID relating to the '919 patent because the patent 
expired on March 31, 2012. The Commission determined not to review the 
remainder of the ID. The Commission also requested written submissions 
on the issues of remedy, the public interest, and bonding from the 
parties and interested non-parties. 77 FR 43612-14 (July 25, 2012). On 
August 2 and 9, 2012, respectively, Lutron and the IA each filed a 
brief and a reply brief regarding remedy, the public interest, and 
bonding.
    The Commission has made its determination on the issues of remedy, 
the public interest, and bonding. The Commission has determined that 
the appropriate form of relief is both: (1) a general exclusion order 
prohibiting the unlicensed entry of lighting control devices including 
dimmer switches and parts thereof that infringe one or more of claims 
36, 65, 94, and 178 of the `930 patent; and (2) cease and desist orders 
prohibiting American Top, Big Deal, Elemental, and Zhejiang Yuelong 
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, lighting control devices including dimmer switches 
and parts thereof that infringe one or more of claims 36, 38-41, 53-56, 
58, 60, 65, 67-70, 76, 82-83, 85, 87, 89, 94, 96-99, 105, 111-112, 114, 
116, 118, 178, 180, 189, 193, and 197 of the '930 patent.
    The Commission further determined that the public interest factors 
enumerated in sections 337(d)(1) and (g)(1) (19 U.S.C. 1337(d)(1), 
(g)(1)) do not preclude issuance of the general exclusion order or the 
cease and desist orders. Finally, the Commission determined that there 
shall be a bond in the amount of 100% of the entered value of the 
covered products to permit temporary importation during the period of 
Presidential review (19 U.S.C. 1337(j)). The Commission's orders and 
opinion were delivered to the President and to the United States Trade 
Representative on the day of their issuance.
    The Commission has terminated this 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 section 210.50 
of the Commission's Rules of Practice and Procedure (19 CFR Sec.  
210.50).

    By order of the Commission.

    Issued: October 17, 2012.
Lisa R. Barton,
Acting Secretary to the Commission.
[FR Doc. 2012-26042 Filed 10-22-12; 8:45 am]
BILLING CODE 7020-02-P