Certain Ground Fault Circuit Interrupters and Products Containing Same, 66080-66081 [2012-26828]

Download as PDF pmangrum on DSK3VPTVN1PROD with NOTICES 66080 Federal Register / Vol. 77, No. 212 / Thursday, November 1, 2012 / Notices (including street address, World Wide Web address, and the name, telephone number, fax number, and Email address of a responsible official at each firm). (8) A list of known sources of information on national or regional prices for the Domestic Like Product or the Subject Merchandise in the U.S. or other markets. (9) If you are a U.S. producer of the Domestic Like Product, provide the following information on your firm’s operations on that product during calendar year 2011, except as noted (report quantity data in short tons and value data in U.S. dollars, f.o.b. plant). If you are a union/worker group or trade/business association, provide the information, on an aggregate basis, for the firms in which your workers are employed/which are members of your association. (a) Production (quantity) and, if known, an estimate of the percentage of total U.S. production of the Domestic Like Product accounted for by your firm’s(s’) production; (b) Capacity (quantity) of your firm to produce the Domestic Like Product (i.e., the level of production that your establishment(s) could reasonably have expected to attain during the year, assuming normal operating conditions (using equipment and machinery in place and ready to operate), normal operating levels (hours per week/weeks per year), time for downtime, maintenance, repair, and cleanup, and a typical or representative product mix); (c) The quantity and value of U.S. commercial shipments of the Domestic Like Product produced in your U.S. plant(s); (d) The quantity and value of U.S. internal consumption/company transfers of the Domestic Like Product produced in your U.S. plant(s); and (e) The value of (i) net sales, (ii) cost of goods sold (COGS), (iii) gross profit, (iv) selling, general and administrative (SG&A) expenses, and (v) operating income of the Domestic Like Product produced in your U.S. plant(s) (include both U.S. and export commercial sales, internal consumption, and company transfers) for your most recently completed fiscal year (identify the date on which your fiscal year ends). (10) If you are a U.S. importer or a trade/business association of U.S. importers of the Subject Merchandise from the Subject Country(ies), provide the following information on your firm’s(s’) operations on that product during calendar year 2011 (report quantity data in short tons and value data in U.S. dollars). If you are a trade/ business association, provide the information, on an aggregate basis, for VerDate Mar<15>2010 11:20 Oct 31, 2012 Jkt 229001 the firms which are members of your association. (a) The quantity and value (landed, duty-paid but not including antidumping or countervailing duties) of U.S. imports and, if known, an estimate of the percentage of total U.S. imports of Subject Merchandise from each Subject Country accounted for by your firm’s(s’) imports; (b) The quantity and value (f.o.b. U.S. port, including antidumping and/or countervailing duties) of U.S. commercial shipments of Subject Merchandise imported from each Subject Country; and (c) The quantity and value (f.o.b. U.S. port, including antidumping and/or countervailing duties) of U.S. internal consumption/company transfers of Subject Merchandise imported from each Subject Country. (11) If you are a producer, an exporter, or a trade/business association of producers or exporters of the Subject Merchandise in the Subject Country(ies), provide the following information on your firm’s(s’) operations on that product during calendar year 2011 (report quantity data in short tons and value data in U.S. dollars, landed and duty-paid at the U.S. port but not including antidumping or countervailing duties). If you are a trade/business association, provide the information, on an aggregate basis, for the firms which are members of your association. (a) Production (quantity) and, if known, an estimate of the percentage of total production of Subject Merchandise in each Subject Country accounted for by your firm’s(s’) production; (b) Capacity (quantity) of your firm(s) to produce the Subject Merchandise in each Subject Country (i.e., the level of production that your establishment(s) could reasonably have expected to attain during the year, assuming normal operating conditions (using equipment and machinery in place and ready to operate), normal operating levels (hours per week/weeks per year), time for downtime, maintenance, repair, and cleanup, and a typical or representative product mix); and (c) The quantity and value of your firm’s(s’) exports to the United States of Subject Merchandise and, if known, an estimate of the percentage of total exports to the United States of Subject Merchandise from each Subject Country accounted for by your firm’s(s’) exports. (12) Identify significant changes, if any, in the supply and demand conditions or business cycle for the Domestic Like Product that have occurred in the United States or in the market for the Subject Merchandise in PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 the Subject Country(ies) after 2006, and significant changes, if any, that are likely to occur within a reasonably foreseeable time. Supply conditions to consider include technology; production methods; development efforts; ability to increase production (including the shift of production facilities used for other products and the use, cost, or availability of major inputs into production); and factors related to the ability to shift supply among different national markets (including barriers to importation in foreign markets or changes in market demand abroad). Demand conditions to consider include end uses and applications; the existence and availability of substitute products; and the level of competition among the Domestic Like Product produced in the United States, Subject Merchandise produced in the Subject Country(ies), and such merchandise from other countries. (13) (OPTIONAL) A statement of whether you agree with the above definitions of the Domestic Like Product and Domestic Industry; if you disagree with either or both of these definitions, please explain why and provide alternative definitions. Authority: These reviews are being conducted under authority of Title VII of the Tariff Act of 1930; this notice is published pursuant to section 207.61 of the Commission’s rules. By order of the Commission. Issued: October 26, 2012. Lisa R. Barton, Acting Secretary to the Commission. [FR Doc. 2012–26803 Filed 10–31–12; 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 U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that the U.S. International Trade Commission has instituted a formal enforcement proceeding relating to certain remedial orders issued in the above-captioned investigation on April 27, 2012. 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) SUMMARY: E:\FR\FM\01NON1.SGM 01NON1 Federal Register / Vol. 77, No. 212 / Thursday, November 1, 2012 / Notices 205–2661. Copies of all nonconfidential 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 (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 the matter can be obtained by contacting the Commission’s TDD terminal on 202– 205–1810. The Commission instituted this investigation on October 8, 2010, based on a complaint filed by Leviton Manufacturing Co., Inc., of Melville, New York (‘‘Leviton’’). 75 FR 62420 (Oct. 8, 2010). The 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 certain claims of U.S. Patent Nos. 7,463,124 (‘‘the ’124 patent’’); 7,737,809 (‘‘the ’809 patent’’); and 7,764,151 (‘‘the ’151 patent’’). The notice of investigation named numerous respondents, including Menard, Inc., of Eau Claire, Wisconsin (‘‘Menard’’); Westside Wholesale Electric & Lighting, Inc.; Westside Electric Wholesale, Inc.; and Westside Wholesale, Inc., all of Bell, California and/or Los Angeles, California (collectively, ‘‘Westside’’); America Ace Supply Inc. of San Francisco, California (‘‘American Ace’’); Shanghai ELE Manufacturing Corporation of Shanghai, China (‘‘Shanghai ELE’’); Shanghai Jia AO Electrical Co., Ltd., of Shanghai, China (‘‘Shanghai Jia AO’’); and American Electric Depot Inc. of Fresh Meadows, New York (‘‘AED’’). On April 27, 2012, the Commission issued its final determination finding that Leviton had proven a violation of section 337 based on infringement of the ’809 patent but had not proven a violation based on infringement of the ’124 and ’151 patents. The Commission issued a general exclusion order barring entry of ground fault circuit interrupters that infringe the ’809 patent and cease and desist orders against certain pmangrum on DSK3VPTVN1PROD with NOTICES SUPPLEMENTARY INFORMATION: VerDate Mar<15>2010 11:20 Oct 31, 2012 Jkt 229001 respondents, including Menard, Westside, and American Ace. On August 29, 2012, Leviton filed a complaint for enforcement proceedings under Commission rule 210.75(b). Leviton asserts that Menard, Westside, and American Ace have violated cease and desist orders in various ways, including by selling ground fault circuit interrupters that infringe claims 1–4, 6, 8–11, 13, 15–16, 35–37, 39, and 41–46 of the ’809 patent, by selling infringing ground fault circuit interrupters during the Presidential review period without posting an appropriate bond, and by failing to file accurate reports with the Commission. Leviton also alleges that Shanghai ELE, Shanghai Jia AO, and AED have violated the general exclusion order entered in this investigation at least by importing ground fault circuit interrupters that infringe claims 1–4, 6, 8–11, 13, 15–16, 35–37, 39, and 41–46 of the ’809 patent during the Presidential review period without posting an appropriate bond. Having examined the complaint seeking a formal enforcement proceeding, and having found that the complaint complies with the requirements for institution of a formal enforcement proceeding contained in Commission rule 210.75, the Commission has determined to institute formal enforcement proceedings to determine whether Menard, Westside, American Ace have violated cease and desist orders issued in this investigation; whether Shanghai ELE, Shanghai Jia AO, and AED have violated the general exclusion order issued in the investigation; and what, if any, enforcement measures are appropriate. The Commission has determined to name Leviton as the complainant in the formal enforcement proceeding, and to name the following as respondents to the formal enforcement proceeding: Menard, Westside, America Ace, Shanghai ELE, Shanghai Jia AO, and AED. The Commission has also determined to name the Office of Unfair Import Investigations as a party to the enforcement proceeding. 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 210.75 of the Commission’s Rules of Practice and Procedure (19 CFR 210.75). By order of the Commission. Issued: October 26, 2012. Lisa R. Barton, Acting Secretary to the Commission. [FR Doc. 2012–26828 Filed 10–31–12; 8:45 am] BILLING CODE 7020–02–P PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 66081 DEPARTMENT OF JUSTICE Notice of Lodging of Proposed Consent Decree Under the Clean Air Act On October 25, 2012, the Department of Justice lodged a proposed Consent Decree with the United States District Court for the Western District of Michigan in the lawsuit entitled United States v. Kellogg USA, Inc., et al., Civil Action No. 1:12–cv–01164. In a Complaint filed the same day under the Clean Air Act (Act), the United States seeks injunctive relief and civil penalties regarding the Prevention of Significant Deterioration (PSD) and Title V provisions of the Act, and PSD provisions of the Michigan State Implementation Plan, for violations at Kellogg’s cereal and snack food manufacturing plants located in Battle Creek, Michigan and Grand Rapids, Michigan. The proposed Consent Decree requires Kellogg to reduce its Volatile Organic Compound permit levels at both facilities, perform a mitigation project (costing more than $435,000) to replace a cooling and dehumidifying system that uses the refrigerant R–22 with a chilled water system that does not use R–22, and pay a $500,000 civil penalty. The publication of this notice opens a period for public comment on the Consent Decree. Comments should be addressed to the Assistant Attorney General, Environment and Natural Resources Division, and should refer to United States v. Kellogg USA, Inc., et al., D.J. Ref. No. 90–5–2–1–09637. All comments must be submitted no later than thirty (30) days after the publication date of this notice. Comments may be submitted either by email or by mail: To submit comments: Send them to: By email ..... pubcommentees.enrd@usdoj.gov. Assistant Attorney General, U.S. DOJ–ENRD, P.O. Box 7611, Washington, DC 20044–7611. By mail ....... During the public comment period, the Consent Decree may be examined and downloaded at this Justice Department Web site: http:// www.usdoj.gov/enrd/ Consent_Decrees.html. We will provide a paper copy of the Consent Decree upon written request and payment of reproduction costs. Please mail your request and payment to: E:\FR\FM\01NON1.SGM 01NON1

Agencies

[Federal Register Volume 77, Number 212 (Thursday, November 1, 2012)]
[Notices]
[Pages 66080-66081]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-26828]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-739]


Certain Ground Fault Circuit Interrupters and Products Containing 
Same

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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

SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has instituted a formal enforcement proceeding relating to 
certain remedial orders issued in the above-captioned investigation on 
April 27, 2012.

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)

[[Page 66081]]

205-2661. Copies of all nonconfidential 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 (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 the 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 filed by Leviton Manufacturing 
Co., Inc., of Melville, New York (``Leviton''). 75 FR 62420 (Oct. 8, 
2010). The 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 certain 
claims of U.S. Patent Nos. 7,463,124 (``the '124 patent''); 7,737,809 
(``the '809 patent''); and 7,764,151 (``the '151 patent''). The notice 
of investigation named numerous respondents, including Menard, Inc., of 
Eau Claire, Wisconsin (``Menard''); Westside Wholesale Electric & 
Lighting, Inc.; Westside Electric Wholesale, Inc.; and Westside 
Wholesale, Inc., all of Bell, California and/or Los Angeles, California 
(collectively, ``Westside''); America Ace Supply Inc. of San Francisco, 
California (``American Ace''); Shanghai ELE Manufacturing Corporation 
of Shanghai, China (``Shanghai ELE''); Shanghai Jia AO Electrical Co., 
Ltd., of Shanghai, China (``Shanghai Jia AO''); and American Electric 
Depot Inc. of Fresh Meadows, New York (``AED'').
    On April 27, 2012, the Commission issued its final determination 
finding that Leviton had proven a violation of section 337 based on 
infringement of the '809 patent but had not proven a violation based on 
infringement of the '124 and '151 patents. The Commission issued a 
general exclusion order barring entry of ground fault circuit 
interrupters that infringe the '809 patent and cease and desist orders 
against certain respondents, including Menard, Westside, and American 
Ace.
    On August 29, 2012, Leviton filed a complaint for enforcement 
proceedings under Commission rule 210.75(b). Leviton asserts that 
Menard, Westside, and American Ace have violated cease and desist 
orders in various ways, including by selling ground fault circuit 
interrupters that infringe claims 1-4, 6, 8-11, 13, 15-16, 35-37, 39, 
and 41-46 of the '809 patent, by selling infringing ground fault 
circuit interrupters during the Presidential review period without 
posting an appropriate bond, and by failing to file accurate reports 
with the Commission. Leviton also alleges that Shanghai ELE, Shanghai 
Jia AO, and AED have violated the general exclusion order entered in 
this investigation at least by importing ground fault circuit 
interrupters that infringe claims 1-4, 6, 8-11, 13, 15-16, 35-37, 39, 
and 41-46 of the '809 patent during the Presidential review period 
without posting an appropriate bond.
    Having examined the complaint seeking a formal enforcement 
proceeding, and having found that the complaint complies with the 
requirements for institution of a formal enforcement proceeding 
contained in Commission rule 210.75, the Commission has determined to 
institute formal enforcement proceedings to determine whether Menard, 
Westside, American Ace have violated cease and desist orders issued in 
this investigation; whether Shanghai ELE, Shanghai Jia AO, and AED have 
violated the general exclusion order issued in the investigation; and 
what, if any, enforcement measures are appropriate. The Commission has 
determined to name Leviton as the complainant in the formal enforcement 
proceeding, and to name the following as respondents to the formal 
enforcement proceeding: Menard, Westside, America Ace, Shanghai ELE, 
Shanghai Jia AO, and AED. The Commission has also determined to name 
the Office of Unfair Import Investigations as a party to the 
enforcement proceeding.
    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 210.75 of the Commission's Rules of Practice and Procedure 
(19 CFR 210.75).

    By order of the Commission.

    Issued: October 26, 2012.
Lisa R. Barton,
Acting Secretary to the Commission.
[FR Doc. 2012-26828 Filed 10-31-12; 8:45 am]
BILLING CODE 7020-02-P