[Federal Register Volume 77, Number 143 (Wednesday, July 25, 2012)]
[Notices]
[Pages 43612-43614]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-18052]


=======================================================================
-----------------------------------------------------------------------

INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-776]


Certain Lighting Control Devices Including Dimmer Switches and 
Parts Thereof (IV); Decision To Review-In-Part an Initial Determination 
Granting In-Part Complainant's Motion for Summary Determination of 
Violation of Section 337, and on Review To Vacate All Portions of the 
Initial Determination Relating to U.S. Patent No. 5,248,919; Request 
for Submissions

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined to review-in-part an initial determination 
(``ID'') (Order No. 18) of the presiding administrative law judge 
(``ALJ'') granting in-part complainant's motion for summary 
determination of violation of section 337. The Commission has 
determined on review to vacate all portions of his ID relating to U.S. 
Patent

[[Page 43613]]

No. 5,248,919 (``the '919 patent'') as moot due to the expiration of 
the patent on March 31, 2012. The Commission also requests written 
submissions regarding remedy, bonding, and the public interest, 
relating to U.S. Patent No. 5,637,930 (``the '930 patent'').

FOR FURTHER INFORMATION CONTACT: Clint Gerdine, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street SW., 
Washington, DC 20436, telephone (202) 708-2310. 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 June 15, 2011, based on a complaint filed by Lutron Electronics Co., 
Inc. (``Lutron'') of Coopersburg, Pennsylvania. 76 FR 35015-16. The 
complaint alleges 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 lighting control devices including dimmer 
switches and parts thereof by reason of infringement of certain claims 
of the '930 and '919 patents. The complaint further alleges the 
existence of a domestic industry. The Commission's notice of 
investigation named the following respondents: American Top Electric 
Corp. (``American Top'') and Big Deal Electric Corp. (``Big Deal''), 
both of Santa Ana, California; Zhejiang Lux Electric Co. Ltd. 
(``Zhejiang Lux''), Zhejiang Yuelong Mechanical and Electrical Co. 
(``Zhejiang Yuelong''), and Wenzhou Huir Electric Science & Technology 
Co. Ltd. (``Wenzhou Huir''), all of Zhejiang, China; Westgate 
Manufacturing, Inc. (``Westgate'') of Vernon, California; Elemental 
LED, LLC (``Elemental'') and Diode LED (``Diode'') both of Emeryville, 
California; Pass & Seymour, Inc. (``Pass & Seymour'') of Syracuse, New 
York; and AH Lighting of Los Angeles, California.
    On September 9, 2011, the Commission issued notice of its 
determination not to review the ALJ's ID (Order No. 9) granting 
Lutron's motion to amend the complaint and notice of investigation to 
substitute Elemental d/b/a Diode LED (``Elemental'') as a respondent in 
place of Elemental and Diode. On November 22, 2011 and February 27, 
2012, respectively, the Commission issued notices of its determinations 
not to review the ALJ's IDs (Order Nos. 10 and 15) terminating Pass & 
Seymour and AH Lighting from the investigation based on consent orders.
    On December 12, 2011, the ALJ issued an ID (Order No. 11) finding 
Elemental in default under Commission rule 210.16(b)(3) based on its 
own election. On January 17, 2012, the Commission issued notice of its 
determination to review the ID, and on review to find Elemental in 
default under Commission rules 210.16(a)(2), (b)(2). Also, on January 
17, 2012, Westgate filed a notice electing to default. On March 5, 
2012, the ALJ issued an ID (Order No. 17) finding Westgate in default 
under Commission rules 210.16(a)(2), (b)(2). In the same ID, the ALJ 
found respondents Big Deal, American Top, Wenzhou Huir, Zhejiang 
Yuelong, and Zhejiang Lux in default under Commission rule 210.16 for 
failing to respond to the complaint and notice of investigation, and 
for failing to respond to his show cause order issued on February 8, 
2012 (Order No. 14). On March 21, 2012, the Commission issued notice of 
its determination not to review his ID finding these six respondents in 
default.
    On January 20, 2012, Lutron filed a motion for summary 
determination of violation of section 337 pursuant to Commission rule 
210.16(c)(2) and requested entry of a general exclusion order with 
respect to the '930 patent. Lutron also requested entry of a limited 
exclusion order with respect to the '919 patent directed against the 
accused products of all defaulting respondents. Lutron further 
requested cease and desist orders with respect to both asserted patents 
against all defaulting respondents, except for Westgate. The Commission 
investigative attorney (``IA'') filed a response supporting much of the 
motion.
    The ALJ issued the subject ID on June 7, 2012, granting in-part the 
motion for summary determination. The ALJ found that all defaulting 
respondents met the importation requirement and that complainant 
satisfied the domestic industry requirement. See 19 U.S.C. 
1337(a)(1)(B), (a)(2). He found that each of the defaulting 
respondents' accused products infringe one or more of the asserted 
claims of the '930 patent, except for one accused product with respect 
to claim 178. He found that the defaulting respondents infringe the 
asserted claims of the '919 patent in accordance with Commission rule 
210.16(c). The ID also contained the ALJ's recommended determination on 
remedy and bonding. Specifically, the ALJ did not recommend issuance of 
a general exclusion order with respect to the '930 patent, and 
recommended issuance of a limited exclusion order with respect to all 
defaulting respondents for the asserted claims of both asserted 
patents. Also, he recommended cease and desist orders directed against 
respondents Big Deal, American Top, and Elemental with respect to the 
asserted claims of both asserted patents. The ALJ further recommended 
that the Commission set a bond of 100 percent of the entered value of 
the covered products during the period of Presidential review. No 
petitions for review of the subject ID were filed.
    Having examined the record of this investigation, including the 
ALJ's ID, the Commission has determined to review-in-part the ID. The 
'919 patent expired on March 31, 2012, which terminated the 
Commission's jurisdiction as to this patent. See 19 U.S.C. Sec.  
1337(a)(1)(B)(i). The Commission has therefore determined on review to 
vacate all portions of the ALJ's ID relating to the '919 patent as moot 
including his finding of a violation of section 337 with respect to the 
'919 patent based on infringement. The Commission has determined not to 
review the remainder of 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 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

[[Page 43614]]

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 date that the '930 patent expires 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 August 2, 2012. Reply submissions must be filed no 
later than the close of business on August 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 
electronically on or before the deadlines stated above and submit 8 
true paper copies to the Office of the Secretary by noon the next day 
pursuant to Commission rule 210.4(f), 19 CFR 210.4(f). Submissions 
should refer to the investigation number (``Inv. No. 337-TA-776'') in a 
prominent place on the cover page and/or the first page. (See Handbook 
for Electronic Filing Procedures, http://www.usitc.gov/secretary/fed_reg_notices/rules/handbook_on_electronic_filing.pdf).
    Any person desiring to submit a document (or portion thereof) 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 section 201.6 of the 
Commission's Rules of Practice and Procedure, 19 CFR 201.6. 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).

    By order of the Commission.

    Issued: July 19, 2012.
Lisa R. Barton,
Acting Secretary to the Commission.
[FR Doc. 2012-18052 Filed 7-24-12; 8:45 am]
BILLING CODE 7020-02-P