[Federal Register Volume 75, Number 195 (Friday, October 8, 2010)]
[Notices]
[Pages 62420-62421]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-25409]



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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-739]


In the Matter of: Certain Ground Fault Circuit Interrupters and 
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 September 3, 2010, under section 
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
Leviton Manufacturing Co., Inc. of Melville, New York. An amended 
complaint was filed on September 28, 2010. The complaint, as amended, 
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 ground fault circuit interrupters 
and products containing same by reason of infringement of certain 
claims of U.S. Patent No 7,463,124 (``the '124 patent''); U.S. Patent 
No. 7,737,809 (``the '809 patent''); and U.S. Patent No. 7,764,151 
(``the '151 patent). The complaint further alleges that an industry in 
the United States exists as required by subsection (a)(2) of section 
337.
    The complainant requests that the Commission institute an 
investigation and, after the investigation, issue an exclusion order 
and cease and desist orders.

ADDRESSES: The complaint, except for any confidential information 
contained therein, is 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: Mareesa A. Frederick, Esq., Office of 
Unfair Import Investigations, U.S. International Trade Commission, 
telephone (202) 205-2055.

    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 (2010).

    SCOPE OF INVESTIGATION: Having considered the complaint, the U.S. 
International Trade Commission, on October 1, 2010, 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 ground fault 
circuit interrupters and products containing same that infringe one or 
more of claims 1-7, 9-11, 13-17, 23-26, and 32-36 of the '124 patent; 
claims 1-11, 13-28, 30-59, 61-64, and 74-83 of the `809; and claims 1-4 
and 8 of the '151 patent, 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 complainant is:

Leviton Manufacturing Co., Inc., 201 North Service Road, Melville, NY 
11747.

    (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:

Fujian Hongan Electric Co., Ltd., Yantian Industrial Zone, Xiapu, 
Fujian, 355106, China.
General Protecht Group, Inc., 222 WeiQi Road, Yueqing Economic 
Development Zone, Yueqing, Zhejiang 325600, China.
Shanghai ELE Manufacturing Corporation, SEC 2 Xingcheng Industrial 
Zone, Qingpu, Shanghai 201703, China.
Zhejiang Trimone Co. Ltd., West of Xinxing San Road, South of Duli 
Road, Economic Development Zone, Pinghu, Zhejiang 314200, China.
Zhejiang Easting House Electric Co., Yaozhuang Industrial Zone, 
Jiashan, Zhejiang 314100, China.
Menard, Inc., 4777 Menard Drive, Eau Claire, Wisconsin 54703.
Garvin Industries, Inc., 3700 Sandra Street, Franklin Park, IL 60131.
Central Purchasing, LLC, 3491 Mission Oaks Boulevard, Camarillo, CA 
93011.
Harbor Freight Tools USA, Inc., 3491 Mission Oaks Boulevard, Camarillo, 
CA 93011.
Warehouse-Lighting.com LLC, W144 S6305 College Center, Muskego, WI 
53150.
SecurElectric Corporation, 2071 Congressional Drive, St. Louis, 
Missouri 63146.
G-Techt Global Corporation, 560 Wharton Circle, Suite B-1, Atlanta, GA 
30336.
Frontier Lighting, Inc., 2090 Palmetto Street, Clearwater, FL 33765.
The Designers Edge, Inc., 11730 N.E. 12th Street, Bellevue, WA 98005.
Orbit Industries, Inc., 2100 S. Figueroa Street, Los Angeles, CA 90007.
Ready Wholesale Electric and Lighting, Inc., d/b/a Ready Wholesale 
Electric Supply, 18315 Sherman Way, Reseda, CA 91335.
Sutherland Lumber Company, of Kansas City, LLC, d/b/a Sutherlands, 4000 
Main Street, Kansas City, MO 64111.
W.E. Aubuchon Co., Inc., d/b/a Aubuchon Hardware, 95 Aubuchon Drive, 
Westminster, MA 01473.
Westside Wholesale Electric & Lighting, Inc., 7122 Beverly Boulevard 
A, Los Angeles, CA 90036.
Deerso, Inc., 910 S.E. 14th Place, Cape Coral, FL 33990. New Aspen 
Devices Corp., 59 Van Dam Street, Brooklyn, NY 11222.
American Ace Supply Inc., 923 Toland Street, San Francisco, CA 94124.
Safety Plus Products, Inc., 4123 Terminal Drive, McFarland, WI 53558.
Ingram Products, Inc., 8725 Youngerman Ct., Suite 206, Jacksonville, FL 
32244.
American Electric Depot Inc., 56-24 199 St., 1FL, Fresh Meadows, NY 
11365.
Contractor Lighting & Supply, Inc., 250 East Broad St., Suite 200, 
Columbus, OH 43215.
Royal Pacific Ltd., 4931 Paseo Del Norte NE, Albuquerque, NM 87113.
Littman Bros. Energy Supplies, Inc., 900 Estes Court, Schaumburg, IL 
60193.
Norcross Electric Supply Company, 4190 Capital View Drive, Suwanee, GA 
30024.

    (c) The Commission investigative attorney, party to this 
investigation, is Mareesa A. Frederick, Esq., Office of Unfair Import 
Investigations, U.S. International Trade Commission, 500 E Street, SW., 
Suite 401, Washington, DC 20436; and
    (3) For the investigation so instituted, the Honorable Paul J. 
Luckern, Chief Administrative Law Judge, U.S. International Trade 
Commission, shall

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designate 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)-(e) 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 an exclusion order or 
a cease and desist order or both directed against the respondent.

    By order of the Commission.

    Issued: October 5, 2010.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 2010-25409 Filed 10-7-10; 8:45 am]
BILLING CODE 7020-02-P