[Federal Register Volume 68, Number 105 (Monday, June 2, 2003)]
[Notices]
[Pages 32770-32771]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-13690]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-478]


In the Matter of Certain Ground Fault Circuit Interrupters and 
Products Containing Same; Notice of a Commission Determination To 
Review and Remand a Portion of an Initial Determination Denying a 
Motion for Monetary Sanctions as Moot, and Not To Review the Remainder 
of the Initial Determination

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 review and remand the portion of the 
presiding administrative law judge's (``ALJ's'') initial determination 
(``ID'') denying respondents' motion for monetary sanctions as moot and 
not to review the remainder of the ID, which grants a motion to 
terminate the above-captioned investigation based on withdrawal of the 
complaint.

FOR FURTHER INFORMATION CONTACT: Timothy P. Monaghan, Esq., Office of 
the General Counsel, U.S. International Trade Commission, 500 E Street, 
SW., Washington, DC 20436, telephone 202-205-3152. Copies of the 
Commission's order, the ID, 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. 
Hearing-impaired persons are advised that information on this matter 
can be obtained by contacting the Commission's TDD terminal on 202-205-
1810. 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.

SUPPLEMENTARY INFORMATION: On August 23, 2002 the Commission instituted 
this investigation, which concerns allegations of unfair acts in 
violation of section 337 of the Tariff Act of 1930 in the importation 
and sale of certain ground fault circuit interrupters (``GFCIs'') and 
products containing same by reason of infringement of claims 1-4 of the 
U.S. Patent No. 4,595,894 (``the '894 patent''). 67 FR 54671. The 
complainant is Leviton Manufacturing Co., Inc. (``Leviton''), and the 
respondents are Yueqing Huameili Electronic Co., Ltd. d/b/a HML, 
Yueqing Huameili Electronic Co., Ltd., Van-Sheen Electric Appliance Co. 
d/b/a Yatai Switch Factory, Sammax International Limited, and Jiamei 
Electrical Engineering Co., Ltd.
    On January 8, 2003, Leviton filed a motion seeking summary 
determination that certain of respondents' GFCI products infringe claim 
1 of the '894 patent. On February 14, 2003, respondents filed an 
Opposition and Conditional Cross-Motion for Summary Determination that 
the '894 patent is invalid and unenforceable. On February 21, 2003, the 
presiding ALJ issued Order No. 9, denying Leviton's infringement 
motion.
    On January 22, 2003, respondents filed a motion to compel complete 
responses to their discovery requests. On February 3, 2003, the ALJ 
issued Order No. 7 granting in part respondents' motion to compel. On 
February 21, 2003, respondents filed a Motion to Compel Compliance with 
Order No. 7 and for Sanctions.
    On March 3, 2003, Leviton filed a motion to terminate the 
investigation based upon withdrawal of the complaint pursuant to rule 
210.21(a)(1).
    On March 17, 2003, the ALJ issued an ID (Order No. 11) granting in 
part respondents' cross-motion for summary determination on invalidity, 
and on April 15, 2003, the Commission determined to review and reverse 
that ID.
    On April 30, 2003, the ALJ issued an ID (Order No. 13) granting 
Leviton's motion to terminate the investigation and denying all pending 
motions, including respondents' motion for monetary sanctions, as moot.
    On May 7, 2003, Leviton filed a petition for review of Order No. 13 
requesting that the Commission review and vacate certain statements set 
forth in footnote 3 of Order No. 13, and on May 7, 2003, respondents 
filed a petition for review of the portion of Order No. 13 denying 
their motion for monetary sanctions as moot.
    On May 14, 2003, Leviton responded to respondents' petition for 
review, respondents responded to Leviton's petition for review, and the 
Commission investigative attorney responded to both petitions.
    This action is taken under the authority of section 337 of the 
Tariff Act of 1930, as amended, 19 U.S.C. 1337, and Commission rules 
210.42, 210.43, 19 CFR 210.42 and 210.43.

    Issued: May 27, 2003.


[[Page 32771]]


    By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 03-13690 Filed 5-30-03; 8:45 am]
BILLING CODE 7020-02-P