[Federal Register Volume 77, Number 38 (Monday, February 27, 2012)]
[Notices]
[Pages 11591-11592]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-4394]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-739]


Certain Ground Fault Circuit Interrupters and Products Containing 
Same, Investigations: Terminations, Modifications and Rulings

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 to review the final initial determination 
issued by the presiding administrative law judge in the above captioned 
investigation on December 20, 2011, finding no violation of section 337 
(19 U.S.C. 1337). The Commission requests briefing from the parties on 
certain issues under review and from the parties and the public on 
remedy, the public interest, and bonding, as indicated in this notice.

FOR FURTHER INFORMATION CONTACT: Clark S. Cheney, Office of the General 
Counsel, U.S. International Trade Commission, 500 E Street SW., 
Washington, DC 20436, telephone 202-205-2661. 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 (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 October 8, 2010, based on a complaint and an amended complaint filed 
by Leviton Manufacturing Co., of Melville, New York (``Leviton''). 75 
FR 62420 (Oct. 8, 2010). The complaint and amended 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 ground fault circuit interrupters and products containing the 
same by reason of infringement of claims 1-7, 9-11, 13-17, 23-26, and 
32-36 of U.S. Patent No. 7,463,124 (``the '124 patent''); claims 1-11, 
13-28, 30-59, 61-64, and 74-83 of U.S. Patent No. 7,737,809 (``the '809 
patent''); and claims 1-4 and 8 of U.S. Patent No. 7,764,151 (``the 
'151 patent''). The Notice of Investigation named numerous respondents, 
and during the course of the investigation several of the respondents 
were found to be in default or were terminated due settlement 
agreements, consent orders, or withdrawn allegations. Seven respondents 
remain in the investigation, consisting of Zhejiang Trimone Electric 
Science & Technology Co. Ltd., of Zhejiang, China (``Trimone''); Fujian 
Hongan Electric Co, Ltd., of Fujian, China (``Hongan''); TDE, Inc., of 
Bellevue, Washington (``TDE''); Shanghai ELE Manufacturing Corp., of 
Shanghai, China (``ELE''); Orbit Industries, Inc., of Los Angeles, 
California (``Orbit''); American Electric Depot Inc., of Fresh Meadows, 
New York (``AED''); and Shanghai Jia AO Electrical Co. of Shanghai, 
China (``Shanghai Jia'').
    On December 20, 2011, the presiding administrative law judge 
(``ALJ'') issued his final initial determination (``ID'') in this 
investigation finding that the complainant had not sufficiently shown 
that a domestic industry exists with respect to the three asserted 
patents and/or articles protected by those patents. Accordingly, the 
ALJ found no violation of section 337.
    On January 6, 2012, the complainant, the Commission investigative 
attorney, and a group of respondents consisting of Trimone, Hongan, and 
TDE filed petitions for review of the ID. Respondents ELE, Orbit, AED, 
and Shanghai Jia have not filed petitions for review of the ID.
    Having examined the record of this investigation, including the 
ALJ's final ID, the petitions for review, and the responses thereto, 
the Commission has determined to review the final ID in its entirety.
    The parties are requested to brief their positions on only the 
following issues, with reference to the applicable law and the 
evidentiary record:
    1. Whether the complainant has carried its burden to show the 
existence of a domestic industry under 19 U.S.C. 1337(a)(3).
    2. Whether the ID implicitly applied a different claim construction 
when analyzing the validity of the '121 and '151 patents than was 
applied when analyzing infringement of those patents.
    3. Whether the ID relied upon unclaimed features of the disclosed 
inventions when analyzing the validity of the '121 and '151 patents.
    4. Whether the ID considered all of respondents' arguments 
concerning the validity of the '809 patent.
    5. Whether the following asserted patent claims (a) have been 
properly construed, (b) protect articles for which there is an industry 
in the United States, (c) are infringed by the accused articles, and 
(d) have not been shown to be invalid: Claim 7 of the '124 patent, 
claim 4 of the '151 patent, and claims 11 and 43 of the '809 patent.

[[Page 11592]]

    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 engaging in 
unfair acts in the importation and sale of such articles. Accordingly, 
in addition to the issues identified above, 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. 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: The parties to the investigation are requested 
to file written submissions on only the issues identified in this 
notice. 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 ALJ's recommendation on remedy and 
bonding. Complainants and the Commission investigative attorney are 
also requested to submit proposed remedial orders for the Commission's 
consideration. Complainants are also requested to state the dates that 
each of the asserted patents are set to 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 Friday, March 2, 2012. Reply submissions must be filed no 
later than the close of business on Friday, March 9, 2012. 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 8 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 Part 210 of the Commission's Rules of Practice and Procedure (19 CFR 
part 210).

    By order of the Commission.

    Issued: February 21, 2012.
James R. Holbein,
Secretary to the Commission.
[FR Doc. 2012-4394 Filed 2-24-12; 8:45 am]
BILLING CODE 7020-02-P