[Federal Register Volume 76, Number 165 (Thursday, August 25, 2011)]
[Notices]
[Pages 53154-53155]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-21705]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-718]


In the Matter of Certain Electronic Paper Towel Dispensing 
Devices and Components Thereof; Notice of Commission Determination Not 
To Review an Initial Determination Granting Complainant's Motion for 
Summary Determination of Violation of Section 337 by Defaulting 
Respondents

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 an initial determination 
(``ID'') (Order No. 36) of the presiding administrative law judge 
(``ALJ'') granting complainant's motion for summary determination of 
violation of Section 337 by defaulting respondents in Inv. No. 337-TA-
718, Certain Electronic Paper Towel Dispensing Devices and Components 
Thereof.

FOR FURTHER INFORMATION CONTACT: Jia Chen, Office of the General 
Counsel, U.S. International Trade Commission, 500 E Street, SW., 
Washington, DC 20436, telephone (202) 708-4737. 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 21, 2010, based on a complaint filed by Georgia-Pacific Consumer 
Products LP (``Georgia-Pacific'') of Atlanta, Georgia. 75 FR 28651 (May 
21, 2010). The complaint alleged 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 electronic paper towel 
dispensing devices and components thereof by reason of infringement of 
various claims of United States Patent Nos. 6,871,815; 7,017,856; 
7,182,289; and 7,387,274. The complaint, as amended, named as 
respondents Kruger Products LP of Mississauga, Ontario, Canada; KTG USA 
LP of Memphis, Tennessee; Stefco Industries, Inc. and Cellynne 
Corporation (collectively, ``Stefco''), both of Haines City, Florida; 
Draco Hygienic Products Inc. of Ontario, California; NetPak Electronic 
Plastic and Cosmetic, Inc. of Chicago, Illinois; NetPak Electronik 
Plastik ve Kozmetik Sanayi, Ve Ticaret Ltd. of Izmir, Turkey 
(``NetPak''); Paradigm Marketing Consortium, Inc. and United Sourcing 
Network Corp., both of Syosset, New York; New Choice (H.K.) Ltd. of 
Shatin, Hong Kong; Vida International Inc. of Taipei, Taiwan; Jet Power 
International Limited, of Guangdong, China; WINCO Industries Co. and 
DWL International Trading Inc., both of Lodi, New Jersey; Franklin 
Financial Management, Inc. d/b/a Update International of Los Angeles, 
California; Alliance in Manufacturing LLC of St. Louis, Missouri; Ko-Am 
Corporation Inc. d/b/a Janitor's World of Dallas, Texas; and Natury 
S.A. de C.V. of Veracruz, Mexico. Except for Stefco and NetPak, all 
other respondents have been terminated based on consent orders.
    On December 30, 2010, the ALJ issued an initial determination 
finding Stefco and NetPak in default. On February 9, 2011, Georgia-
Pacific filed a motion pursuant to Commission Rule 210.18 (19 CFR 
210.18) for a summary determination of violation of Section 337 by 
Stefco and NetPak. Georgia-Pacific requested that the ALJ recommend 
issuance of a general exclusion order and a cease and desist order 
against the defaulting respondents. On February 22, 2011, the 
Commission investigative attorney filed a response supporting the 
motion.
    On July 12, 2011, the ALJ issued the subject ID granting Georgia-
Pacific's motion for summary determination and his recommended 
determination on the issues of remedy and bonding. No petitions for 
review were filed.
    Having examined the record of this investigation, including the 
ALJ=s final ID, the Commission has determined not to review the ID.
    In connection with the final disposition of this investigation, the 
Commission may (1) issue an order that could result in the exclusion of 
the subject articles from entry into the United States, and/or (2) 
issue one or more cease and desist orders that could result in the 
respondent(s) being required to cease and desist from

[[Page 53155]]

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: 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. Such submissions should address the recommended 
determination by the ALJ on remedy and bonding.
    Complainant and the IA are also requested to submit proposed 
remedial orders for the Commission's consideration. Complainant is also 
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 Tuesday, September 6, 2011. Reply submissions must 
be filed no later than the close of business on Tuesday, September 13, 
2011. 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 on or before the deadlines stated above with 
the Office of the Secretary. 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 sections 210.42-46 and 210.50 of the Commission's Rules of Practice 
and Procedure (19 CFR 210.42-46 and 210.50).

    Issued: August 19, 2011.

    By order of the Commission.
James R. Holbein,
Secretary to the Commission.
[FR Doc. 2011-21705 Filed 8-24-11; 8:45 am]
BILLING CODE 7020-02-P