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]
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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 (https://
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:
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SUMMARY:
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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
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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 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 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
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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
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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
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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
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]]>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 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 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
