[Federal Register Volume 77, Number 38 (Monday, February 27, 2012)]
[Notices]
[Pages 11587-11588]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-4431]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-830]


Certain Dimmable Compact Fluorescent Lamps and Products 
Containing Same; 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 January 23, 2012, under section 
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
Andrzej Bobel of Lake Forest, Illinois and Neptun Light, Inc. of Lake 
Forest, Illinois. An amended complaint was filed on February 8, 2012. 
The amended 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 dimmable 
compact fluorescent lamps and products containing same by reason of 
infringement of certain claims of U.S. Patent No. 5,434,480 (``the '480 
patent'') and U.S. Patent No. 8,035,318 (``the '318 patent''). The 
amended complaint further alleges that an industry in the United States 
exists as required by subsection (a)(2) of section 337.
    The complainants request that the Commission institute an 
investigation and, after the investigation, issue an exclusion order 
and cease and desist orders.

ADDRESSES: The amended 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

[[Page 11588]]

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 amended complaint, 
the U.S. International Trade Commission, on February 21, 2012, 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 dimmable 
compact fluorescent lamps and products containing same that infringe 
one or more of claim 9 of the '480 patent and claims 1 and 12 of the 
'318 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 complainants are:

Andrzej Bobel, 640 Leland Court, Lake Forest, IL 60045.
Neptun Light, Inc., 13950 W. Business Center Drive, Lake Forest, IL 
60045.

    (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:

SK America, Inc. d/b/a Maxlite, 80 Little Falls Road, Fairfield, NJ 
07004.
U Lighting America Inc., 2448 Balme Drive, San Jose, CA 95122.
Golden U Lighting Manufacturing (Shenzhen), Co., Ltd. 3F, Block A3, 
Xinjianxing, Industrial Park, Fengxin Road, Lou, Village, Guangming, 
District Shenzhen, Guangdong, China 518107.
Feit Electric Company, Inc., 4901 Gregg Road, Pico Rivera, CA 90660-
2108.
General Electric Company, 3135 Easton Turnpike, Fairfield, CT 06828-
0001.
Xiamen Topstar Lighting Co. Ltd., No. 676, Meixi Road, Tong'an, Xiamen, 
Fujan, China 361100.
Technical Consumer Products, Inc., 325 Campus Drive, Aurora, OH 44202.
TCP China, Shanghai Office, 2208-2210 Room, 2nd Building, 270 CaoXi, 
Road, Xuhui District, Shanghai, China.
TCP (Shanghai) Tiancanbao Lighting, Electrical Appliance Co., Ltd., 
Room A502, No. 250 Cai Xi Road, Shanghai, China 200235.
Shanghai Jensing Electron Electrical, Equipment Co., Ltd., No. 23 Kai 
Jiang Road East, Si Jing, Song Jiang, Shanghai, China 201601.
Shanghai Qiangling Electronics Co., Ltd., No. 139 Wang Dong South Road 
E, Si Jing song Jiang, Shanghai, China.
Zhejiang Qiang Ling Electronic Co. Ltd., No. 200, Xuefu Road, Runzhou 
District, Zhenjiang, Jiangsu 212003, China;
and

    (3) For the investigation so instituted, the Chief Administrative 
Law Judge, U.S. International Trade Commission, shall designate the 
presiding Administrative Law Judge.
    Responses to the amended 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 amended complaint 
and the notice of investigation. Extensions of time for submitting 
responses to the amended 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 amended complaint and in this notice may be deemed to 
constitute a waiver of the right to appear and contest the allegations 
of the amended 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 amended 
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: February 22, 2012.
James R. Holbein,
Secretary to the Commission.
[FR Doc. 2012-4431 Filed 2-24-12; 8:45 am]
BILLING CODE 7020-02-P