[Federal Register Volume 72, Number 200 (Wednesday, October 17, 2007)]
[Notices]
[Pages 58883-58884]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-20409]



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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-590]


In the Matter of Certain Coupler Devices for Power Supply 
Facilities, Components Thereof, and Products Containing Same

AGENCY: U.S. International Trade Commission.

ACTION: Notice of Commission decision not to review an initial 
determination finding eight respondents in default; request for written 
submissions on remedy, the public interest, and bonding.

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SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined not to review an initial determination 
(``ID'') (Order No. 39) issued by the presiding administrative law 
judge (``ALJ'') finding eight respondents in default. The eight 
respondents found in default are the last remaining respondents in this 
investigation. Accordingly, the Commission requests written submission, 
according to the schedule set forth below, on remedy, public interest, 
and bonding with respect to the respondents in default.

FOR FURTHER INFORMATION CONTACT: Paul M. Bartkowski, Esq., Office of 
the General Counsel, U.S. International Trade Commission, 500 E Street, 
SW., Washington, DC 20436, telephone (202) 708-5432. 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: This investigation was instituted on January 
19, 2007 based on a complaint filed by Topower Computer Industrial Co., 
Ltd. (``Topower''). The complaint alleged 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 coupler devices for power supply 
facilities, components thereof, and products containing the same by 
reason of infringement of U.S. Patent No. 6,935,902.
    On August 6, 2007, Topower filed a motion requesting an order 
directing respondents Aspire/Apevia International Corp., Ltd.; Xion/
Axpertec, Inc.; JPAC Computer, Inc., Sunbeam Co.; Super Flower 
Computer, Inc.; Taiwan Youngyear Electronics Co., Ltd.; Sun Pro 
Electronics Co., Ltd.; and Leadman Electronic Co., Ltd. (collectively, 
the ``eight respondents'') to show cause why they should not be found 
in default for failure to respond to the complaint and Notice of 
Investigation. On August 30, 2007, the ALJ issued Order No. 37, which 
ordered the eight respondents to show cause why they should not be 
found in default by September 14, 2007. No responses to Order No. 37 
were filed.
    On September 25, 2007, the ALJ issued the subject ID, granting 
Topower's motion because none of the eight respondents responded to 
Order No. 37. No petitions for review were filed. The Commission has 
determined not to review the subject ID.
    The eight respondents were the last remaining respondents in this 
investigation. The investigation has been terminated with respect to 
all other respondents based on settlement agreement, consent order, 
default, or withdrawal of allegations.
    Section 337(g)(1) and Commission Rule 210.16(c) authorize the 
Commission to order relief against a respondent found in default 
unless, after consideration of the public-interest factors, it finds 
that such relief should not issue. Topower has declared, pursuant to 
Commission Rule 210.16(c)(2), that it does not seek a general exclusion 
order.
    In conjunction with the final disposition of this investigation, 
therefore, the Commission may: (1) Issue an order that could result in 
the exclusion of articles manufactured or imported by any or all of the 
defaulting respondents; and/or (2) issue one or more cease and desist 
orders that could result in any or all of the defaulting respondents 
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 
either are 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 orders 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 U.S. Trade 
Representative, as delegated by the President, has 60 days to approve 
or disapprove the Commission's action. See Presidential Memorandum of 
July 21, 2005, 70 FR 43251 (July 26, 2005). 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. Complainants and the Commission investigative 
attorney are also requested to submit proposed remedial orders for the 
Commission's consideration. Complainants are further requested to state 
the dates that the patents 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 
November 8, 2007. Reply submissions must be filed no later than the 
close of business on November 19, 2007. 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 with the Office of the Secretary on or 
before the

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aforementioned deadlines. Any person desiring to submit a document 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 210.6. 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 section 210.16 and 210.42-46 of the Commission's Rules of Practice 
and Procedure (19 CFR 210.16; 210.42-46).

    Issued: October 12, 2007.

    By order of the Commission.
William R. Bishop,
Acting Secretary to the Commission.
 [FR Doc. E7-20409 Filed 10-16-07; 8:45 am]
BILLING CODE 7020-02-P