[Federal Register Volume 72, Number 88 (Tuesday, May 8, 2007)]
[Notices]
[Pages 26152-26153]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-8787]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-603]


 In the Matter of Certain DVD Players and Recorders and Certain 
Products Containing Same; Notice of Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Institution of investigation pursuant to 19 U.S.C. 1337.

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SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on April 6, 2007, under section 337 
of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
Toshiba Corporation of Japan and Toshiba America Consumer Products, 
L.L.C., of Wayne, New Jersey. A supplemental letter was filed on April 
24, 2007. The complaint, as supplemented, alleges violations of section 
337 in the importation into the United States, the sale for 
importation, and the sale within the United States after importation of 
certain DVD players and recorders and certain products containing same 
by reason of infringement of certain claims of U.S. Patent Nos. 
5,587,991, 5,870,523, and 5,956,306. The complaint further alleges that 
an industry in the United States exists as required by subsection 
(a)(2) of section 337.
    The complainants request that the Commission institute an 
investigation and, after the investigation, issue a permanent exclusion 
order and permanent cease and desist orders.

ADDRESSES: The complaint and supplement, except for any confidential 
information contained therein, are 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., Room 
112, Washington, DC 20436, telephone 202-205-2000. Hearing impaired 
individuals are advised that information on this matter can be obtained 
by contacting the Commission's TDD terminal on 202-205-1810. Persons 
with mobility impairments who will need special assistance in gaining 
access to the Commission should contact the Office of the Secretary at 
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://www.usitc.gov/secretary/edis.htm.

FOR FURTHER INFORMATION CONTACT: Karin J. Norton, Esq., Office of 
Unfair Import Investigations, U.S. International Trade Commission, 
telephone (202) 205-2606.

    Authority: The authority for institution of this investigation 
is contained in section 337 of the Tariff Act of 1930, as amended, 
and in section 210.10 of the Commission's Rules of Practice and 
Procedure, 19 CFR 210.10 (2006).

    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on May 1, 2007, ordered that--
    (1) Pursuant to subsection (b) of section 337 of the Tariff Act of 
1930, as amended, an investigation be instituted to determine whether 
there is a violation of subsection (a)(1)(B) of section 337 in the 
importation into the United States, the sale for importation, or the 
sale within the United States after importation of certain DVD players 
and recorders and certain products containing same by reason of 
infringement of one or more of claims 6 and 7 of U.S. Patent No. 
5,587,991; claims 16 and 31 of U.S. Patent No. 5,870,523; and claim 4 
of U.S. Patent No. 5,956,306; and whether an industry in the United 
States exists as required by subsection (a)(2) of section 337;
    (2) For the purpose of the investigation so instituted, the 
following are hereby named as parties upon which this notice of 
investigation shall be served:
    (a) The complainants are--

Toshiba Corporation, 1-1 Shibaura 1-Chome, Minato-Ku, Tokyo 105-8001, 
Japan.
Toshiba America Consumer Products, L.L.C., 82 Totowa Road, Wayne, New 
Jersey 07470.
    (b) The respondents are the following entities alleged to be in 
violation of section 337, and are the parties upon which the complaint 
is to be served:

Daewoo Electronics America, Inc., 120 Chubb Avenue, Lyndhurst, New 
Jersey 07071.
Dongguan GVG Digital Technology Ltd., Da Ping Precinct, Tang Xia Town, 
Dongguan, Guangdong Province, China 523722.
Dongguan Tonic Electronics Co., Ltd., Shi Tanbu Administrative Zone, 
Tang

[[Page 26153]]

Xia Town, Dongguan, Guangdong Province, China 523717.
Dongguan Xin Lian Digital Technology Co. Ltd., Huang Jia Bo Industrial 
Zone, Shi Pai Town, Dongguan, Guangdong Province, China 523347.
GVG Digital Technology Holdings Ltd., Rm 1822, Grandtech Centre, 8 On 
Ping St, Siu Lek Yuen, Shatin, New Territories, Hong Kong.
jWIN Electronics Corporation, 2 Harbor Park Drive, Port Washington, New 
York 11050.
Memcorp Inc., 3200 Meridian Parkway, Weston, Florida 33331.
Star Light Electronics Co. Ltd., 5/F, Shing Dao Industrial Building, 
232 Aberdeen Main Road, Wanchai, Hong Kong.
Starlight International Holdings Limited, 5/F, Shing Dao Industrial 
Building, 232 Aberdeen Main Road, Wanchai, Hong Kong.
Starlight Marketing (HK) Ltd., 5/F, Shing Dao Industrial Building, 232 
Aberdeen Main Road, Wanchai, Hong Kong.
Tonic Digital Products Limited, Unit B, 10th Floor, Summit Building, 30 
Man Yue Street, Hung Hom, Kowloon, Hong Kong.
Tonic DVB Marketing Ltd., Suite 805, New Tech Plaza Tower A, Tian'An 
Cyber Park, Futian District, Shenzhen City, Guangdong Province, China 
518040.
Tonic Electronics Limited, Unit B, 10th Floor, Summit Building, 30 Man 
Yue Street, Hung Hom, Kowloon, Hong Kong.
Tonic Industries Holdings Limited, Unit B, 10th Floor, Summit Building, 
30 Man Yue Street, Hung Hom, Kowloon, Hong Kong.
Tonic Technology (HK) Limited, Unit B, 10th Floor, Summit Building, 30 
Man Yue Street, Hung Hom, Kowloon, Hong Kong.
Tonic Technology (Shenzhen) Ltd., Suite 805, New Tech Plaza Tower A, 
Tian'An Cyber Park, Futian District, Shenzhen City, Guangdong Province, 
China 518040.
Tonic Trading Development Ltd., Unit B, 10th Floor, Summit Building, 30 
Man Yue Street, Hung Hom, Kowloon, Hong Kong.

    (c) The Commission investigative attorney, party to this 
investigation, is Karin J. Norton, Esq., Office of Unfair Import 
Investigations, U.S. International Trade Commission, 500 E Street, SW., 
Room 401-F, Washington, DC 20436; and
    (3) For the investigation so instituted, the Honorable Carl C. 
Charneski is designated as the presiding administrative law judge.
    Responses to the complaint and the notice of investigation must be 
submitted by the named respondents in accordance with section 210.13 of 
the Commission's Rules of Practice and Procedure, 19 CFR 210.13. 
Pursuant to 19 CFR 201.16(d) and 210.13(a), such responses will be 
considered by the Commission if received not later than 20 days after 
the date of service by the Commission of the complaint and the notice 
of investigation. Extensions of time for submitting responses to the 
complaint and the notice of investigation will not be granted unless 
good cause therefor is shown.
    Failure of a respondent to file a timely response to each 
allegation in the complaint and in this notice may be deemed to 
constitute a waiver of the right to appear and contest the allegations 
of the complaint and this notice, and to authorize the administrative 
law judge and the Commission, without further notice to the respondent, 
to find the facts to be as alleged in the complaint and this notice and 
to enter an initial determination and a final determination containing 
such findings, and may result in the issuance of a limited exclusion 
order or cease and desist order or both directed against the 
respondent.

    By order of the Commission.

     Issued: May 3, 2007.
Marilyn R. Abbott,
Secretary to the Commission.
 [FR Doc. E7-8787 Filed 5-7-07; 8:45 am]
BILLING CODE 7020-02-P