[Federal Register Volume 73, Number 90 (Thursday, May 8, 2008)]
[Notices]
[Pages 26144-26145]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-10175]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-646]


In the Matter of Certain Power Supplies; 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 4, 2008, under section 337 
of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
Ultra Products, Inc. of Fletcher, Ohio and Systemax Inc. of Port 
Washington, New York. A supplement to the complaint was filed on May 1, 
2008. The complaint alleges violations of section 337 based upon the 
importation into the United States, the sale for importation, and the 
sale within the United States after importation of certain power 
supplies that infringe certain claims of U.S. Patent No. 7,133,293. 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 an exclusion order 
and cease and desist orders.

ADDRESSES: The complaint and the 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://edis.usitc.gov.

FOR FURTHER INFORMATION CONTACT: Thomas S. Fusco, Esq., Office of 
Unfair Import Investigations, U.S. International Trade Commission, 
telephone (202) 205-2571.


[[Page 26145]]


    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 (2007).

    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on May 1, 2008, 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 power 
supplies that infringe one or more of claims 1 and 4 of U.S. Patent No. 
7,133,293, 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--
    Ultra Products, Inc., 6910 State Road 36, Fletcher, Ohio 45326. 
Systemax, Inc.,11 Harbor Park Drive, Port Washington, New York 11050.
    (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:

Aerocool Advanced, Technologies Corporation, 13F-2, No. 75, Hsin Tai Wu 
Road, Sec. 1 Hsi Chih, Taipei Hsien 221, Taiwan.
Langears, Inc. d/b/a Aerocool US, 41662 Christy Street, Fremont, 
California 94538. Andyson International Co., Ltd.,Third Floor, 153 Pei-
Shen Road, Sec. 3, Shen-Keng Village,Taipei 222, Taiwan.
Atng Power Co., Ltd. a/k/a I Horng, Power Co., Ltd., Third Floor-9, 14 
Lane 609 Chung Shin Road, Sec. 5, San Chung, Taipei Hsien 241, Taiwan.
Coolmax Technology Inc., 8F, No. 165, Sec. 2, Datung Road, Hsi-Chih 
City, Taipei 221,Taiwan.
Enermax Technology Corporation, 15F-2, No. 888, Jing-Kuo Road, Taoyuan, 
Taiwan. Enermax USA Corporation, 17733 Rowland Street, City of 
Industry, California 91748.
High Performance Enterprise PLC, d/b/a High Performance Group or Hiper 
Group, Unit 1, The I/O Centre, Fingle Drive, Milton Keynes, MK13 
OAT,United Kingdom.
High Performance Group Inc., d/b/a High Performance Group or Hiper 
Group, Foster City Executive Park, 551 Foster City Boulevard, Suite D, 
San Mateo, California 94404.
KWI Technology Inc. d/b/a Kingwin, 18221 Railroad Street, City of 
Industry, California 91748. San Hawk Technic Co., Ltd., a/k/a Sky Hawk 
Group, 6F, No. 665, Chung Cheng Road, Hsin Chuang, Taipei, Taiwan.
Eagle Technology Inc., a/k/a Sky Hawk USA or Eagle Tech, 18539 East 
Gale Avenue, City of Industry, California 91748.
Sunbeam Company, Room 406, Building A, No. 18, Sihyuan Street, 
Jhongjheng District, Taipei City 100, Taiwan.
Sunbeamtech, Inc., 15339 Don Julian Road, Hacienda Heights, California 
91748.
    (c) The Commission investigative attorney, party to this 
investigation, is Thomas S. Fusco, Esq., Office of Unfair Import 
Investigations, U.S. International Trade Commission, 500 E Street, SW., 
Room 401B, Washington, DC 20436; and
    (4) For the investigation so instituted, the Honorable Charles E. 
Bullock 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 the 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 an exclusion order or 
a cease and desist order or both directed against the respondent.

    By order of the Commission.

    Issued: May 2, 2008.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E8-10175 Filed 5-7-08; 8:45 am]
BILLING CODE 7020-02-P