[Federal Register Volume 71, Number 220 (Wednesday, November 15, 2006)]
[Notices]
[Page 66554]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-19244]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-563]


In the Matter of Certain Portable Power Stations and Packaging 
Therefor; Issuance of a Limited Exclusion Order Against Respondent 
Found in Default; Termination of 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 issued a limited exclusion order against the respondent 
found in default in the above-captioned investigation and has 
terminated the investigation.

FOR FURTHER INFORMATION CONTACT: Clint Gerdine, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street, 
SW., Washington, DC 20436, telephone (202) 708-5468. 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 
on March 14, 2006, based on a complaint filed by Roadmaster (USA) 
Corporation (``Roadmaster'') of Eatontown, New Jersey. The complaint, 
as amended and supplemented, alleges 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 portable power stations and 
packaging therefor by reason of infringement of U.S. Design Patent No. 
D469,730; U.S. Trademark Registration No. 2,594,538; and U.S. 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. (``Sinochem''), of Ningbo, 
China, as the only respondent.
    The administrative law judge (``ALJ'') issued an initial 
determination on July 12, 2006, finding Sinochem in default, because 
the respondent failed to reply to the complaint or notice of 
investigation, and also failed to reply to a show cause order issued by 
the ALJ on May 24, 2006. The Commission declined to review the ALJ's 
determination that the respondent Sinochem defaulted.
    On August 23, 2006, the Commission issued a notice requesting 
briefing on the issues of remedy, the public interest, and bonding 
relating to the default finding of unlawful importation and sale of 
infringing products by Sinochem. 71 FR 51210 (Aug. 29, 2006). 
Complainant submitted a brief along with a proposed order on September 
5, 2006. The Commission investigative attorney (``IA'') also submitted 
a brief along with a proposed order on September 6, 2006, and further 
submitted a reply brief on September 13, 2006. The Complainant chose 
not to file a reply brief.
    Having examined the record of this investigation, including the 
submissions of the parties, the Commission has determined that each of 
the statutory requirements of section 337(g)(1), 19 U.S.C. 1337(g)(1), 
has been met with respect to defaulting respondent Sinochem. 
Accordingly, pursuant to section 337(g)(1), 19 U.S.C. 1337(g)(1) and 
Commission Rule 210.16(c), 19 CFR 210.16(c), the Commission presumed 
the facts alleged in the complaint to be true. The Commission 
determined that the appropriate form of relief in this investigation is 
a limited exclusion order prohibiting the unlicensed entry of portable 
power stations and packaging therefor covered by U.S. Design Patent No. 
D469,739; U.S. Trademark Registration No. 2,594,538; or U.S. Copyright 
Registration No. VA-1-261-495 that are manufactured abroad by or on 
behalf of, or imported by or on behalf of, Sinochem or any of its 
affiliated companies, parents, subsidiaries, or other related business 
entities, or their successors or assigns.
    The Commission further determined that the public interest factors 
enumerated in section 337(g)(1), 19 U.S.C. 1337(g)(1), do not preclude 
issuance of the limited exclusion order. Finally, the Commission 
determined that the amount of bond to permit temporary importation 
during the Presidential review period, under 19 U.S.C. 1337(j), shall 
be in the amount of 100 percent of the entered value of the infringing 
imported portable power stations and packaging therefor. The 
Commission's order was delivered to the President and the United States 
Trade Representative on the day of its issuance.
    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 210.16(c) of the Commission's Rules of Practice and 
Procedure, 19 CFR 210.16(c)).

    By order of the Commission.

    Issued: November 9, 2006.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E6-19244 Filed 11-14-06; 8:45 am]
BILLING CODE 7020-02-P