[Federal Register Volume 67, Number 250 (Monday, December 30, 2002)]
[Notices]
[Pages 79647-79648]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-32892]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-473]


In the Matter of Certain Video Game Systems, Accessories, and 
Components Thereof; Issuance of Limited Exclusion Order and Cease and 
Desist Order; Termination of Investigation

AGENCY: U.S. International Trade Commission.

SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has terminated the above-captioned investigation and issued 
a limited exclusion order and a cease and desist order.

FOR FURTHER INFORMATION CONTACT: David I. Wilson, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street, 
S.W., Washington, DC 20436, telephone 202-708-2310. Copies of the 
limited exclusion order and cease and desist order, the Commission 
opinion in support thereof, and all other 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 at http://www.usitc.gov. The public 
record for this investigation may be viewed on the Commission's 
electronic docket (EDIS-ON-LINE) at http://dockets.usitc.gov/eol.public. 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 voted to institute this 
investigation, which concerns allegations of unfair acts in violation 
of section 337 of the Tariff Act of 1930, 19 U.S.C. Sec.  1337, in the 
importation and sale of certain video game accessories on July 19, 
2002. 67 FR 48949 (July 26, 2002). On August 21, 2002, complainant 
Microsoft Corporation, Redmond, Washington, (Microsoft) moved, pursuant 
to 19 U.S.C. Sec.  1337(a)(1) and 19 CFR Sec.  210.16, for an order 
directing the only respondent, Ultimate Game Club Ltd. (UGC), to show 
cause why it should not be found in default for failure to respond to 
Microsoft's complaint. The Commission investigative attorney (IA) 
supported Microsoft's motion. The presiding administrative law judge 
(ALJ) issued Order No. 4 on September 5, 2002, directing UGC to show 
cause why it should not be found in default. UGC did not respond to 
that order.
    On October 9, 2002, the ALJ issued an initial determination (ID) 
finding UGC in default pursuant to 19 CFR Sec.  210.16, and ruling that 
UGC had waived its rights to appear, to be served with documents, and 
to contest the allegations at issue in the investigation. No petitions 
for review of the ID were filed. The Commission decided not to review 
the ID on October 23, 2002, 67 FR 66002 (October 29, 2002), and the ID

[[Page 79648]]

became the Commission's final determination under 19 CFR Sec.  210.42. 
On October 23, 2002, the Commission issued a notice requesting a 
briefing on the issues of remedy, the public interest, and bonding. 67 
FR 66002 (October 29, 2002). On November 5, 2002, pursuant to 19 U.S.C. 
Sec.  1337(g)(1) and 19 CFR. Sec.  210.16(c)(1), complainant Microsoft 
filed a declaration seeking limited relief against the defaulting 
respondent. In its declaration, Microsoft requested that the Commission 
issue a limited exclusion order and a cease and desist order against 
UGC.
    The Commission solicited comments from the parties, interested 
government agencies, and other persons concerning the issues of remedy, 
the public interest, and bonding. 67 FR 66002 (October 29, 2002). 
Complainant and the IA filed proposed remedial orders and addressed the 
issues of remedy, the public interest, and bonding. No comments were 
filed by government agencies or other interested persons.
    Section 337(g)(1) of the Tariff Act of 1930 provides that the 
Commission shall presume the facts alleged in a complaint to be true, 
and upon request issue a limited exclusion order and/or cease and 
desist order if: (1) A complaint is filed against a person under 
section 337, (2) the complaint and a notice of investigation are served 
on the person, (3) the person fails to respond to the complaint and 
notice or otherwise fails to appear to answer the complaint and notice, 
(4) the person fails to show good cause why it should not be found in 
default, and (5) the complainant seeks relief limited to that person. 
Such an order shall be issued unless, after considering the effect of 
such exclusion, the Commission finds that such exclusion should not be 
issued.
    The Commission determined that each of the statutory requirements 
for the issuance of a limited exclusion order and a cease and desist 
order were met with respect to defaulting respondent UGC. The 
Commission further determined that the public interest factors 
enumerated in sections 337(d) and 337(f) did not preclude the issuance 
of such relief. Finally, the Commission determined that the bond during 
the Presidential review period shall be in the amount of 100 percent of 
the entered value of the imported articles.
    This action is taken under the authority of section 337 of the 
Tariff Act of 1930, 19 U.S.C. Sec.  1337, and section 210.16 (c) of the 
Commission's Rules of Practice and Procedure, 19 CFR Sec.  210.16.

    By order of the Commission.

    Issued: December 24, 2002.
Marilyn R. Abbott,
Secretary.
[FR Doc. 02-32892 Filed 12-27-02; 8:45 am]
BILLING CODE 7020-02-P