Certain Ground Fault Circuit Interrupters and Products Containing Same Final Commission Determination; Issuance of Cease and Desist Orders; Termination of the Investigation, 73562-73563 [2013-29114]

Download as PDF 73562 Federal Register / Vol. 78, No. 235 / Friday, December 6, 2013 / Notices list containing the names and addresses of all persons, or their representatives, who are parties to the investigations. INTERNATIONAL TRADE COMMISSION [Investigation Nos. 701–TA–506–508 and 731–TA–1238–1243 (Preliminary)] Background Non-Oriented Electrical Steel From China, Germany, Japan, Korea, Sweden, and Taiwan; Determinations emcdonald on DSK67QTVN1PROD with NOTICES On the basis of the record 1 developed in the subject investigations, the United States International Trade Commission (Commission) determines, pursuant to sections 703(a) and 733(a) of the Tariff Act of 1930 (19 U.S.C. 1671b(a) and 1673b(a)) (the Act), that there is a reasonable indication that an industry in the United States is materially injured by reason of imports from China, Germany, Japan, Korea, Sweden, and Taiwan of non-oriented electrical steel, provided for in subheadings 7225.19.00 and 7226.19.10, and 7226.19.90 of the Harmonized Tariff Schedule of the United States, that are alleged to be sold in the United States at less than fair value (‘‘LTFV’’), and by reason of imports of non-oriented electrical steel that are allegedly subsidized by the Governments of China, Korea, and Taiwan.2 Commencement of Final Phase Investigations Pursuant to section 207.18 of the Commission’s rules, the Commission also gives notice of the commencement of the final phase of its investigations. The Commission will issue a final phase notice of scheduling, which will be published in the Federal Register as provided in section 207.21 of the Commission’s rules, upon notice from the Department of Commerce (Commerce) of affirmative preliminary determinations in the investigations under sections 703(b) or 733(b) of the Act, or, if the preliminary determinations are negative, upon notice of affirmative final determinations in those investigations under sections 705(a) or 735(a) of the Act. Parties that filed entries of appearance in the preliminary phase of the investigations need not enter a separate appearance for the final phase of the investigations. Industrial users, and, if the merchandise under investigation is sold at the retail level, representative consumer organizations have the right to appear as parties in Commission antidumping and countervailing duty investigations. The Secretary will prepare a public service On September 30, 2013, a petition was filed with the Commission and Commerce by AK Steel Corp., West Chester, Ohio, alleging that an industry in the United States is materially injured or threatened with material injury by reason of LTFV and subsidized imports of non-oriented electrical steel from China, Korea, and Taiwan and LTFV imports of nonoriented electrical steel from China, Germany, Japan, Korea, Sweden, and Taiwan. Accordingly, effective September 30, 2013, the Commission instituted countervailing duty investigation Nos. 701–TA–506–508 and antidumping duty investigation Nos. 731–TA–1238–1243 (Preliminary). Notice of the institution of the Commission’s investigations and of a public conference to be held in connection therewith was given by posting copies of the notice in the Office of the Secretary, U.S. International Trade Commission, Washington, DC, and by publishing the notice in the Federal Register of October 22, 2013 (78 FR 62660). The conference was held in Washington, DC, on November 6, 2013, and all persons who requested the opportunity were permitted to appear in person or by counsel. The Commission transmitted its determinations in these investigations to the Secretary of Commerce on December 2, 2013. The views of the Commission are contained in USITC Publication 4441 (December 2013), entitled NonOriented Electrical Steel from China, Germany, Japan, Korea, Sweden, and Taiwan: Investigation Nos. 701–TA– 506–508 and 731–TA–1238–1243 (Preliminary). By order of the Commission. Issued: December 2, 2013. Lisa R. Barton, Acting Secretary to the Commission. [FR Doc. 2013–29116 Filed 12–5–13; 8:45 am] BILLING CODE 7020–02–P 1 The record is defined in sec. 207.2(f) of the Commission’s Rules of Practice and Procedure (19 CFR 207.2(f)). 2 Commissioners Shara L. Aranoff and F. Scott Kieff did not participate. VerDate Mar<15>2010 17:28 Dec 05, 2013 Jkt 232001 PO 00000 Frm 00065 Fmt 4703 Sfmt 4703 INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–739 (Enforcement Proceeding)] Certain Ground Fault Circuit Interrupters and Products Containing Same Final Commission Determination; Issuance of Cease and Desist Orders; Termination of the Investigation U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that the U.S. International Trade Commission has determined to issue cease and desist orders against certain respondents found in default. The investigation is terminated. FOR FURTHER INFORMATION CONTACT: Amanda Pitcher Fisherow, Esq., Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, telephone (202) 205–2737. 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 the investigation underlying this enforcement proceeding 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, inter alia, U.S. Patent No. 7,737,809 (‘‘the ’809 patent’’). On April 27, 2012, the Commission issued a general exclusion order barring entry of ground fault circuit interrupters SUMMARY: E:\FR\FM\06DEN1.SGM 06DEN1 emcdonald on DSK67QTVN1PROD with NOTICES Federal Register / Vol. 78, No. 235 / Friday, December 6, 2013 / Notices that infringe certain claims of the ’809 patent. The Commission also entered cease and desist orders against several respondents, including defaulting domestic and foreign 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. On November 1, 2012, the Commission instituted a proceeding for the enforcement of the Commission’s remedial orders based on an enforcement complaint filed by Leviton. 77 FR 66080 (Nov. 1, 2012). The enforcement complaint alleged that domestic respondent American Electric Depot Inc. (‘‘AED’’); and foreign respondents Shanghai ELE Manufacturing Corp. (‘‘Shanghai ELE’’), and Shanghai Jia AO Electrical Co., Ltd. (‘‘Shanghai Jia AO’’) violated the general exclusion order. The enforcement complaint also alleged that other respondents violated cease and desist orders. On February 14, 2013, the presiding administrative law judge (‘‘ALJ’’) issued an initial determination finding AED, Shanghai ELE, and Shanghai Jia AO in default. All other respondents settled. On April 10, 2013, the Commission determined not to review the initial determination with respect to the defaulting respondents. On April 16, 2013, complainant Leviton filed a motion requesting that the Commission issue (1) a cease and desist order against AED; and (2) seizure and forfeiture orders against ground fault circuit interrupters imported or sold by AED, Shanghai ELE, and Shanghai Jia AO. On April 26, 2013, the Commission investigative attorney (‘‘IA’’) filed a response supporting Leviton’s motion with respect to a cease and desist order against AED. None of the defaulting respondents filed a response. On May 22, 2013, the ALJ issued a recommended determination (‘‘RD’’) on remedy. The ALJ drew an inference from AED’s refusal to participate in the enforcement proceeding that AED has commercially significant inventories of infringing articles. Accordingly, the ALJ VerDate Mar<15>2010 17:28 Dec 05, 2013 Jkt 232001 recommended that the Commission issue a cease and desist order prohibiting AED from selling or distributing infringing articles in the United States. The ALJ declined to recommend seizure and forfeiture orders because he found Leviton failed to show evidence that infringing articles were previously denied entry, as required under Commission Rule 210.75(b)(6)(ii). On July 31, 2013, the Commission requested briefing on the remedy, bonding and the public interest. On August 16, 2013, the Commission received submissions from Leviton and the IA. The Commission did not receive any comments from the defaulting respondents or the public. On August 30, 2013, the IA filed a reply submission. On September 3, 2013, the IA filed an unopposed motion to file a substitute submission. The Commission hereby grants the IA’s motion to file a substitute submission. The Commission has determined that the appropriate form of relief consists of cease and desist orders prohibiting defaulting respondents AED, Shanghai ELE, and Shanghai Jia AO 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 determined that there are sufficient allegations in the enforcement complaint of domestic activities by the defaulting respondents to support issuance of cease and desist orders. See Certain Digital Photo Frames and Image Display Devices and Components Thereof, Inv. 337–TA–807, Comm’n Op. (March 27, 2013). The Commission has further determined that the public interest factors enumerated in subsection (g)(1) (19 U.S.C. l337 (g)(1)) do not preclude issuance of the cease and desist orders. Finally, the Commission has determined to set a bond of $0.25 per unit for temporary activities otherwise prohibited by the cease and desist orders with respect to 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 terminated the investigation. The authority for the PO 00000 Frm 00066 Fmt 4703 Sfmt 4703 73563 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: December 2, 2013. Lisa R. Barton, Acting Secretary to the Commission. [FR Doc. 2013–29114 Filed 12–5–13; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–878] Certain Electronic Devices Having Placeshifting or Display Replication Functionality and Products Containing Same; Issuance of a Limited Exclusion Order and Cease and Desist Orders Against Respondents Found in Default; Termination of Investigation U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that the U.S. International Trade Commission has issued (1) a limited exclusion order against infringing electronic devices and products of respondents Monsoon Multimedia, Inc. of San Mateo, California (‘‘Monsoon’’) and C2 Microsystems, Inc. of San Jose, California (‘‘C2 Microsystems’’) (collectively ‘‘the Defaulting Respondents’’); and (2) cease and desist orders directed against the Defaulting Respondents. The investigation is terminated. SUMMARY: FOR FURTHER INFORMATION CONTACT: Amanda Pitcher Fisherow, Esq., Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, telephone (202) 205–2737. 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 E:\FR\FM\06DEN1.SGM 06DEN1

Agencies

[Federal Register Volume 78, Number 235 (Friday, December 6, 2013)]
[Notices]
[Pages 73562-73563]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-29114]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-739 (Enforcement Proceeding)]


Certain Ground Fault Circuit Interrupters and Products Containing 
Same Final Commission Determination; Issuance of Cease and Desist 
Orders; Termination of the Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined to issue cease and desist orders against 
certain respondents found in default. The investigation is terminated.

FOR FURTHER INFORMATION CONTACT: Amanda Pitcher Fisherow, Esq., Office 
of the General Counsel, U.S. International Trade Commission, 500 E 
Street SW., Washington, DC 20436, telephone (202) 205-2737. 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 the investigation 
underlying this enforcement proceeding 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, inter alia, U.S. Patent No. 
7,737,809 (``the '809 patent'').
    On April 27, 2012, the Commission issued a general exclusion order 
barring entry of ground fault circuit interrupters

[[Page 73563]]

that infringe certain claims of the '809 patent. The Commission also 
entered cease and desist orders against several respondents, including 
defaulting domestic and foreign 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.
    On November 1, 2012, the Commission instituted a proceeding for the 
enforcement of the Commission's remedial orders based on an enforcement 
complaint filed by Leviton. 77 FR 66080 (Nov. 1, 2012). The enforcement 
complaint alleged that domestic respondent American Electric Depot Inc. 
(``AED''); and foreign respondents Shanghai ELE Manufacturing Corp. 
(``Shanghai ELE''), and Shanghai Jia AO Electrical Co., Ltd. 
(``Shanghai Jia AO'') violated the general exclusion order. The 
enforcement complaint also alleged that other respondents violated 
cease and desist orders. On February 14, 2013, the presiding 
administrative law judge (``ALJ'') issued an initial determination 
finding AED, Shanghai ELE, and Shanghai Jia AO in default. All other 
respondents settled. On April 10, 2013, the Commission determined not 
to review the initial determination with respect to the defaulting 
respondents.
    On April 16, 2013, complainant Leviton filed a motion requesting 
that the Commission issue (1) a cease and desist order against AED; and 
(2) seizure and forfeiture orders against ground fault circuit 
interrupters imported or sold by AED, Shanghai ELE, and Shanghai Jia 
AO. On April 26, 2013, the Commission investigative attorney (``IA'') 
filed a response supporting Leviton's motion with respect to a cease 
and desist order against AED. None of the defaulting respondents filed 
a response.
    On May 22, 2013, the ALJ issued a recommended determination 
(``RD'') on remedy. The ALJ drew an inference from AED's refusal to 
participate in the enforcement proceeding that AED has commercially 
significant inventories of infringing articles. Accordingly, the ALJ 
recommended that the Commission issue a cease and desist order 
prohibiting AED from selling or distributing infringing articles in the 
United States. The ALJ declined to recommend seizure and forfeiture 
orders because he found Leviton failed to show evidence that infringing 
articles were previously denied entry, as required under Commission 
Rule 210.75(b)(6)(ii).
    On July 31, 2013, the Commission requested briefing on the remedy, 
bonding and the public interest. On August 16, 2013, the Commission 
received submissions from Leviton and the IA. The Commission did not 
receive any comments from the defaulting respondents or the public. On 
August 30, 2013, the IA filed a reply submission. On September 3, 2013, 
the IA filed an unopposed motion to file a substitute submission. The 
Commission hereby grants the IA's motion to file a substitute 
submission.
    The Commission has determined that the appropriate form of relief 
consists of cease and desist orders prohibiting defaulting respondents 
AED, Shanghai ELE, and Shanghai Jia AO 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 determined that there 
are sufficient allegations in the enforcement complaint of domestic 
activities by the defaulting respondents to support issuance of cease 
and desist orders. See Certain Digital Photo Frames and Image Display 
Devices and Components Thereof, Inv. 337-TA-807, Comm'n Op. (March 27, 
2013).
    The Commission has further determined that the public interest 
factors enumerated in subsection (g)(1) (19 U.S.C. l337 (g)(1)) do not 
preclude issuance of the cease and desist orders. Finally, the 
Commission has determined to set a bond of $0.25 per unit for temporary 
activities otherwise prohibited by the cease and desist orders with 
respect to 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 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: December 2, 2013.
Lisa R. Barton,
Acting Secretary to the Commission.
[FR Doc. 2013-29114 Filed 12-5-13; 8:45 am]
BILLING CODE 7020-02-P