[Federal Register Volume 77, Number 87 (Friday, May 4, 2012)]
[Notices]
[Pages 26579-26580]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-10742]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-739]


Certain Ground Fault Circuit Interrupters and Products Containing 
Same; Notice of Final Determination; Issuance of General Exclusion 
Order and Cease and Desist Orders; Termination of Investigation

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 that a violation of section 337 of the Tariff 
Act of 1930, as amended (19 U.S.C. 1337) has been shown to exist in the 
above-captioned investigation and has issued a general exclusion order 
and cease and desist orders. The investigation is terminated.

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

[[Page 26580]]

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 on the basis of 
settlement agreements, consent orders, or withdrawn allegations. At the 
time of the evidentiary hearing, seven respondents remained 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. (``Shanghai 
Jia'').
    On December 20, 2011, the presiding administrative law judge 
(``ALJ'') issued his final initial determination (``ID'') in this 
investigation finding that Leviton had not sufficiently shown that a 
domestic industry exists with respect to articles protected by the 
asserted patents. Accordingly, the ALJ found no violation of section 
337.
    On February 21, 2012, the Commission issued a notice that it had 
determined to review the ID in its entirety and requested submissions 
from the parties on certain issues under review and from the parties 
and the public on the issues of remedy, the public interest, and 
bonding.
    In response to the Commission's notice of review, Leviton, Trimone, 
Hongan, TDE, the Commission investigative attorney, and non-party Pass 
& Seymour, Inc. filed submissions and replies. Pass & Seymour, Inc. 
also submitted a motion for leave to file a sur-reply, which the 
Commission has denied.
    Upon review of the final ID, the submissions received in response 
to the Commission's notice of review, and the record of the 
investigation, the Commission has determined that a violation of 
section 337 has been shown based on infringement of claims 1-4, 6, 8-
11, 13, 15-16, 35-37, 39, and 41-46 of the '809 patent. The Commission 
has determined that certain claims of the '124 and '151 patents are 
invalid and no violation based on those patents has been shown.
    The Commission has determined that the appropriate form of relief 
is as follows: (1) a general exclusion order prohibiting the unlicensed 
entry of ground fault circuit interrupters and products containing the 
same that infringe one or more of claims 1-4, 6, 8-11, 13, 15-16, 35-
37, 39, and 41-46 of the '809 patent, and (2) cease and desist orders 
prohibiting defaulting respondents Menard, Inc., of Eau Claire, 
Wisconsin; Garvin Industries, Inc., of Franklin Park, Illinois; 
Aubuchon Co., Inc., of Westminster, Massachusetts; Westside Wholesale 
Electric & Lighting, Inc., of Los Angeles, California; New Aspen 
Devices Corporation, of Brooklyn, New York; American Ace Supply Inc., 
of San Francisco, California; Contractor Lighting & Supply, Inc., of 
Columbus, Ohio; Littman Bros. Energy Supplies, Inc., of Schaumburg, 
Illinois; Safety Plus, Inc., of McFarland, Wisconsin; Norcross Electric 
Supply Co. of Suwanee, Georgia; Royal Pacific Ltd. of Albuquerque, New 
Mexico; and Zhejiang Easting House Electric Co. of Zhejiang, China, 
from conducting any of the following activities in the United States: 
Importing, selling, marketing, advertising, distributing, offering for 
sale, transferring (except for exportation), and soliciting U.S. agents 
or distributors for ground fault circuit interrupters and products 
containing the same that infringe one or more of claims 1-4, 6, 8-11, 
13, 15-16, 35-37, 39, and 41-46 of the '809 patent.
    The Commission has further determined that the public interest 
factors enumerated in subsections (d)(1) and (f) (19 U.S.C. 1337(d)(1), 
(f)) do not preclude issuance of the general exclusion order or the 
cease and desist orders. Finally, the Commission has determined that a 
bond of $0.25 per unit is required to permit temporary importation of 
the articles in question during the period of Presidential review (19 
U.S.C. 1337(j)). The Commission's orders and the record upon which it 
based its determination were delivered to the President and to the 
United States Trade Representative on the day of their issuance. The 
Commission has also notified the Secretary of the Treasury of the 
orders.
    The Commission has terminated the investigation.
    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: April 27, 2012.

James R. Holbein,
Secretary to the Commission.
[FR Doc. 2012-10742 Filed 5-3-12; 8:45 am]
BILLING CODE 7020-02-P