[Federal Register Volume 76, Number 139 (Wednesday, July 20, 2011)]
[Notices]
[Pages 43345-43346]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-18216]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-791]


In the Matter of: Certain Electric Fireplaces, Components 
Thereof, Manuals for Same, Certain Processes for Manufacturing or 
Relating to Same and Certain Products Containing Same; Notice of 
Institution of Investigation

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

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on June 17, 2011, under section 337 
of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
Twin-Star International, Inc. of Delray Beach, California and TS 
Investment Holding Corp. of Miami, Florida. Supplements to the 
complaint were filed on July 1, 2011 and July 8, 2011. 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 electric fireplaces, components 
thereof, manuals for same, certain processes for manufacturing or 
relating to same and certain products containing same by reason of 
infringement of U.S. Copyright Registration No. TX0007350474; U.S. 
Copyright Registration No. TX0007350476; U.S. Copyright Registration 
No. VA0001772660; and U.S. Copyright Registration No. VA0001772661, 
misappropriation of trade secrets, and unfair competition. The 
complaint further alleges that there exists in the United States an 
industry as required by subsection (a)(1)(A) of section 337.
    The complainants request that the Commission institute an 
investigation and, after the investigation, issue an exclusion order 
and a cease and desist order.

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: The Office of Unfair Import 
Investigations, U.S. International Trade Commission, telephone (202) 
205-2560.

    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 (2011).

    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on July 14, 2011, Ordered That--
    (1) Pursuant to subsection (b) of section 337 of the Tariff Act of 
1930, as amended, an investigation be instituted to determine:
    (a) 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 electric fireplaces, components thereof, manuals for same, 
certain processes for manufacturing or relating to same and certain 
products containing same by reason of infringement of U.S. Copyright 
Registration Nos. TX0007350474; TX0007350476; VA0001772660; and 
VA0001772661, and whether an industry in the United States exists as 
required by subsection (a)(2) of section 337; and
    (b) Whether there is a violation of subsection (a)(1)(A) 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 electric fireplaces, components thereof, manuals for same, 
certain processes for manufacturing or relating to same and certain 
products containing same by reason of misappropriation of trade secrets 
or unfair competition, the threat or effect of which is to destroy or 
substantially injure an industry in the United States;
    (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:

Twin-Star International, Inc., 1690 South Congress Avenue, Suite 210, 
Delray Beach, FL 33445.
TS Investment Holding Corp., c/o Trivest Partners, L.P., 2665 South 
Bayshore Drive, 8th Floor, Miami, FL 33133.

    (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:

Shenzhen Reliap Industrial Co., No. 3 Chuangye Road, The Third 
Industrial Zone, Shiyan Town, Baoan District, Shenzhen, China.
Yue Qiu Sheng (a.k.a. Jason Yue), Room 507, Building 3, Bang 
Dao Yuang, Bu Ji Town, Shenzhen City, China 518112.

    (c) The 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 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

[[Page 43346]]

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.

    Issued: July 14, 2011.

    By order of the Commission.
James R. Holbein,
Secretary to the Commission.
[FR Doc. 2011-18216 Filed 7-19-11; 8:45 am]
BILLING CODE 7020-02-P