[Federal Register Volume 71, Number 167 (Tuesday, August 29, 2006)]
[Notices]
[Pages 51210-51211]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-14269]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-563]


In the Matter of Certain Portable Power Stations and Packaging 
Therefor; Notice of Request for Written Submissions on Remedy, the 
Public Interest, and Bonding With Respect to the Respondent Found in 
Default

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission is requesting briefing on remedy, the public interest, and 
bonding with respect to a respondent previously found in default.

FOR FURTHER INFORMATION CONTACT: James A. Worth, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street, 
SW., Washington, DC 20436, telephone (202) 205-3065. 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 contacting the Commission's TDD 
terminal on (202) 205-1810.

SUPPLEMENTARY INFORMATION: The Commission instituted this investigation 
by notice on March 9, 2006, based on a complaint filed by Roadmaster 
(USA) Corporation (``Roadmaster'') of Eatontown, New Jersey. 71 FR 
13,166 (March 14, 2006). The complaint, as amended, alleges violations 
of section 337 of the Tariff Act of 1930 (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 portable 
power stations and packaging therefor by reason of infringement of 
United States Design Patent No. D469,739; U.S. Trademark Registration 
No. 2,594,538; and Copyright Registration No. VA-1-261-495. The 
complaint further alleges the existence of a domestic industry. The 
Commission's notice of investigation names Sinochem Ningbo, Ltd., of 
Ningbo, China (``Sinochem''), as the only respondent.
    On May 9, 2006, complainant Xerox Roadmaster moved pursuant to 19 
U.S.C. 1337(g)(1) and Commission Rule 210.16 for an order (1) directing 
Sinochem to show cause why it should not be found in default for 
failing to respond to the complaint and notice of investigation, and 
(2) upon failure of the respondent to show such cause, for an initial 
determination (``ID'') finding the respondent in default. The 
administrative law judge (``ALJ'') issued an ID on July 12, 2006, 
finding Sinochem in default, because respondent did not reply to the 
complaint nor notice of investigation, and respondent did not reply to 
the show cause order issued by the ALJ on November 5, 2005. The 
Commission

[[Page 51211]]

declined to review the ALJ's determination that respondent Sinochem, 
the only respondent named in the investigation, defaulted.
    On August 9, 2006, Roadmaster filed a declaration requesting 
immediate relief in the form of a limited exclusion order against the 
defaulting respondent. Section 337(g)(1) (19 U.S.C. 1337(g)(1)) and 
Commission Rule 210.16(c) (19 CFR 210.16(c)) authorize the Commission 
to order limited relief against a respondent found in default, unless 
after consideration of the public interest factors, it finds that such 
relief should not issue. The Commission may (1) issue an order that 
could result in the exclusion of the subject articles from entry into 
the United States, and/or (2) issue one or more cease and desist orders 
that could result in the respondent being required to cease and desist 
from engaging in unfair acts in the importation and sale of such 
articles. Accordingly, the Commission is interested in receiving 
written submissions that address the form of remedy, if any, that 
should be ordered. If a party seeks exclusion of an article from entry 
into the United States for purposes other than entry for consumption, 
the party should so indicate and provide information establishing that 
activities involving other types of entry are either adversely 
affecting it or likely to do so. For background, see In the Matter of 
Certain Devices for Connecting Computers via Telephone Lines, Inv. No. 
337-TA-360, USITC Pub. No. 2843 (December 1994) (Commission Opinion).
    If the Commission contemplates some form of remedy, it must 
consider the effects of that remedy upon the public interest. The 
factors the Commission will consider include the effect that an 
exclusion order and/or cease and desist order would have on (1) the 
public health and welfare, (2) competitive conditions in the U.S. 
economy, (3) U.S. production of articles that are like or directly 
competitive with those that are subject to investigation, and (4) U.S. 
consumers. The Commission is therefore interested in receiving written 
submissions that address the aforementioned public interest factors in 
the context of this investigation.
    If the Commission orders some form of remedy, the President has 60 
days to approve or disapprove the Commission's action. During this 
period, the subject articles would be entitled to enter the United 
States under bond, in an amount determined by the Commission and 
prescribed by the Secretary of the Treasury. The Commission is 
therefore interested in receiving submissions concerning the amount of 
the bond that should be imposed if a remedy is ordered.
    Written Submissions: The parties to the investigation, interested 
government agencies, and any other interested parties are encouraged to 
file written submissions on the issues of remedy, the public interest, 
and bonding. Complainant and the investigative attorney are also 
requested to submit proposed remedial orders for the Commission's 
consideration. Complainant is requested to state the dates that the 
intellectual property rights at issue expire and the HTSUS numbers 
under which the accused products are imported. The written submissions 
and proposed remedial orders must be filed no later than close of 
business on September 6, 2006. Reply submissions must be filed no later 
than the close of business on September 13, 2006. No further 
submissions on these issues will be permitted unless otherwise ordered 
by the Commission.
    Persons filing written submissions must file the original document 
and 12 true copies thereof on or before the deadlines stated above with 
the Office of the Secretary. Any person desiring to submit a document 
(or portion thereof) to the Commission in confidence must request 
confidential treatment unless the information has already been granted 
such treatment during the proceedings. All such requests should be 
directed to the Secretary of the Commission and must include a full 
statement of the reasons why the Commission should grant such 
treatment. See 19 CFR 210.5. Documents for which confidential treatment 
by the Commission is sought will be treated accordingly. All 
nonconfidential written submissions will be available for public 
inspection at the Office of the Secretary.
    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 Sec. Sec.  210.16 and 210.50 of the Commission's Rules of Practice 
and Procedure (19 CFR 210.16 and 210.50).

    Issued: August 23, 2006.

    By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
 [FR Doc. E6-14269 Filed 8-28-06; 8:45 am]
BILLING CODE 7020-02-P