[Federal Register Volume 78, Number 151 (Tuesday, August 6, 2013)]
[Notices]
[Pages 47749-47750]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-18890]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-739 (Enforcement Proceeding)]


Certain Ground Fault Circuit Interrupters and Products Containing 
Same

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission seeks written submissions from the parties and from the 
public on remedy, bonding, and the public interest in the above-
referenced enforcement proceeding.

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 all 
nonconfidential 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 the matter can 
be obtained by contacting the Commission's TDD terminal on 202-205-
1810.

SUPPLEMENTARY INFORMATION: The Commission instituted the investigation 
underlying this enforcement proceeding on October 8, 2010, based on a 
complaint filed by Leviton Manufacturing Co., Inc., of Melville, New 
York (``Leviton''). 75 FR 62420 (Oct. 8, 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 ground fault circuit interrupters and products containing the 
same by reason of infringement of, inter alia, U.S. Patent No. 
7,737,809 (``the '809 patent'').
    On April 27, 2012, the Commission issued a general exclusion order 
barring entry of ground fault circuit interrupters that infringe 
certain claims of the '809 patent. The Commission also entered

[[Page 47750]]

cease and desist orders against several respondents.
    On November 1, 2012, the Commission instituted a proceeding for the 
enforcement of the Commission's remedial orders based on an enforcement 
complaint filed by Leviton. 77 FR 66080 (Nov. 1, 2012). The enforcement 
complaint alleged that respondents American Electric Depot Inc. 
(``AED''); Shanghai ELE Manufacturing Corp. (``Shanghai ELE''), and 
Shanghai Jia AO Electrical Co., Ltd. (``Shanghai Jia AO'') violated the 
general exclusion order. The enforcement complaint also alleged that 
other respondents violated cease and desist orders. On February 14, 
2013, the presiding administrative law judge (``ALJ'') (Chief Judge 
Bullock) issued an initial determination finding AED, Shanghai ELE, and 
Shanghai Jia AO in default. All other respondents settled. On April 10, 
2013, the Commission determined not to review the initial determination 
with respect to the defaulting respondents.
    On April 16, 2013, complainant Leviton filed a motion requesting 
that the Commission issue (1) a cease and desist order against AED; and 
(2) seizure and forfeiture orders against ground fault circuit 
interrupters imported or sold by AED, Shanghai ELE, and Shanghai Jia 
AO. On April 26, 2013, the Commission investigative attorney (``IA'') 
filed a response supporting Leviton's motion. No respondent filed a 
response to Leviton's motion.
    On May 22, 2013, the ALJ issued a recommended determination 
(``RD'') on remedy. The ALJ drew an inference from AED's refusal to 
participate in the enforcement proceeding that AED has commercially 
significant inventories of infringing articles. Accordingly, the ALJ 
recommended that the Commission issue a cease and desist order 
prohibiting AED from selling or distributing infringing articles in the 
United States. The ALJ declined to recommend seizure and forfeiture 
orders because he found Leviton failed to show evidence that infringing 
articles were previously denied entry, as required under Commission 
Rule 210.75(b)(6)(ii).
    In connection with the final disposition of this enforcement 
proceeding, the Commission may issue or modify a cease and desist order 
and/or exclusion order in any manner necessary to prevent the unfair 
practices that were originally the basis for issuing the remedial 
orders in the original investigation. The Commission may also issue a 
seizure and forfeiture order upon satisfaction of the conditions in 19 
CFR 210.75(b)(6).
    Prior to effecting any remedy in this enforcement proceeding, the 
Commission must consider the effects of a potential remedy upon the 
public interest. The factors the Commission must consider include the 
effect that the remedy 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.
    Accordingly, the Commission is interested in receiving written 
submissions that address the public interest factors above and the form 
of remedy and bonding, if any, that should be ordered.
    Written Submissions: Parties to the enforcement proceeding, 
interested government agencies, and any other interested members of the 
public are encouraged to file written submissions on the issues of 
remedy, bonding, and the public interest. Such submissions should 
address the ALJ's recommendation on remedy set forth in the RD. 
Complainant Leviton and the IA are also requested to submit proposed 
remedial orders for the Commission's consideration. Initial written 
submissions and proposed remedial orders must be filed no later than 
close of business on August 16, 2013. Reply submissions must be filed 
no later than the close of business on August 30, 2013. 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 section 210.4(f) of the Commission's Rules of Practice and 
Procedure (19 CFR 210.4(f)). Submissions should refer to the 
investigation number (``Inv. No. 337-TA-739 (Enforcement Proceeding)'') 
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). Persons with questions regarding filing should contact the 
Secretary (202-205-2000).
    Any person desiring to submit a document to the Commission in 
confidence must request confidential treatment. All such requests 
should be directed to the Secretary to the Commission and must include 
a full statement of the reasons why the Commission should grant such 
treatment. See 19 CFR 201.6. Documents for which confidential treatment 
by the Commission is properly sought will be treated accordingly. A 
redacted non-confidential version of the document must also be filed 
simultaneously with the any confidential filing. All non-confidential 
written submissions will be available for public inspection at the 
Office of the Secretary and on EDIS.
    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: July 31, 2013.
Lisa R. Barton,
Acting Secretary to the Commission.
[FR Doc. 2013-18890 Filed 8-5-13; 8:45 am]
BILLING CODE 7020-02-P