[Federal Register Volume 74, Number 22 (Wednesday, February 4, 2009)]
[Notices]
[Pages 6055-6056]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-2293]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-646]


In the Matter of Certain Power Supplies; Notice of Commission 
Determination Not To Review an Initial Determination Terminating the 
Investigation With Respect to Respondents Super Flower Computer, Inc. 
and Andyson International Co., Ltd. and Terminating the 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 determined not to review the presiding administrative 
law judge's (``ALJ'') initial determination (``ID'') (Order No. 18) 
granting the motion of complainants Ultra Products, Inc. and Systemax, 
Inc. to terminate the investigation with respect to respondents Super 
Flower Computer, Inc. and Andyson International Co., Ltd. based on 
withdrawal of allegations from the Complaint and terminating the 
investigation.

FOR FURTHER INFORMATION CONTACT: Megan M. Valentine, Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street, 
SW., Washington, DC 20436, telephone (202) 708-2301. 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 May 8, 2008, based on a complaint filed by Ultra Products, Inc. of 
Fletcher, Ohio and Systemax Inc. of Port Washington, New York 
(collectively ``Ultra''). 73 FR 26144-5 (May 8, 2008). 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 power supplies by reason of 
infringement of certain claims of U.S. Patent No. 7,133,293. The 
complaint further alleges the existence of a domestic industry. The 
Commission's notice of investigation named a number of respondents 
including Andyson International Co., Ltd. of Taipei, Taiwan 
(``Andyson''). On July 21, 2008, the Commission determined not to 
review an ID granting Ultra's motion for leave to amend the complaint 
and notice of investigation to add a respondent, Super Flower Computer, 
Inc. (``Super Flower''). 73 FR 42365-6 (July 21, 2008).
    On December 11, 2008, Ultra filed under Commission Rule 210.21(a) a 
motion for termination of the investigation with respect to respondents 
Andyson and Super Flower based on a withdrawal of allegations from the 
Complaint. Also on December 11, Ultra filed a motion to stay the 
procedural schedule pending the ALJ's decision on the motion to 
terminate. On December 22, 2008, the Commission Investigative Attorney 
filed a response in support of the motion to terminate Andyson and 
Super Flower. No other responses were filed.
    On January 5, 2009, the ALJ issued the subject ID, granting under 
Commission Rule 210.21(a) Ultra's motion to terminate the investigation 
as to respondents Andyson and Super Flower. The ALJ noted that, with 
the termination of Andyson and Super Flower from the investigation, 
there are no longer any participating respondents in this 
investigation. All other named respondents were previously terminated 
from the investigation by way of settlement agreement, consent 
agreement, or default. The ALJ, therefore, terminated the investigation 
and stayed the procedural schedule. No petitions for review of this ID 
were filed.
    The Commission has determined not to review the ID.
    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 210.42 of the Commission's

[[Page 6056]]

Rules of Practice and Procedure (19 CFR 210.42).

    Issued: January 29, 2009.

    By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E9-2293 Filed 2-3-09; 8:45 am]
BILLING CODE 7020-02-P