[Federal Register Volume 78, Number 235 (Friday, December 6, 2013)]
[Notices]
[Pages 73562-73563]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-29114]


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INTERNATIONAL TRADE COMMISSION

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


Certain Ground Fault Circuit Interrupters and Products Containing 
Same Final Commission Determination; Issuance of Cease and Desist 
Orders; Termination of the 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 to issue cease and desist orders against 
certain respondents found in default. The investigation is terminated.

FOR FURTHER INFORMATION CONTACT: Amanda Pitcher Fisherow, Esq., Office 
of the General Counsel, U.S. International Trade Commission, 500 E 
Street SW., Washington, DC 20436, telephone (202) 205-2737. 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

[[Page 73563]]

that infringe certain claims of the '809 patent. The Commission also 
entered cease and desist orders against several respondents, including 
defaulting domestic and foreign 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.
    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 domestic respondent American Electric Depot Inc. 
(``AED''); and foreign respondents 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'') 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 with respect to a cease 
and desist order against AED. None of the defaulting respondents filed 
a response.
    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).
    On July 31, 2013, the Commission requested briefing on the remedy, 
bonding and the public interest. On August 16, 2013, the Commission 
received submissions from Leviton and the IA. The Commission did not 
receive any comments from the defaulting respondents or the public. On 
August 30, 2013, the IA filed a reply submission. On September 3, 2013, 
the IA filed an unopposed motion to file a substitute submission. The 
Commission hereby grants the IA's motion to file a substitute 
submission.
    The Commission has determined that the appropriate form of relief 
consists of cease and desist orders prohibiting defaulting respondents 
AED, Shanghai ELE, and Shanghai Jia AO 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 determined that there 
are sufficient allegations in the enforcement complaint of domestic 
activities by the defaulting respondents to support issuance of cease 
and desist orders. See Certain Digital Photo Frames and Image Display 
Devices and Components Thereof, Inv. 337-TA-807, Comm'n Op. (March 27, 
2013).
    The Commission has further determined that the public interest 
factors enumerated in subsection (g)(1) (19 U.S.C. l337 (g)(1)) do not 
preclude issuance of the cease and desist orders. Finally, the 
Commission has determined to set a bond of $0.25 per unit for temporary 
activities otherwise prohibited by the cease and desist orders with 
respect to 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 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: December 2, 2013.
Lisa R. Barton,
Acting Secretary to the Commission.
[FR Doc. 2013-29114 Filed 12-5-13; 8:45 am]
BILLING CODE 7020-02-P