[Federal Register Volume 79, Number 27 (Monday, February 10, 2014)]
[Notices]
[Pages 7699-7700]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-02729]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-739]


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 has determined to institute an advisory opinion proceeding 
in the above-captioned investigation.

FOR FURTHER INFORMATION CONTACT: Clark S. Cheney, Esq., 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 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 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 
(``GFCIs'') and products containing the same by reason of infringement 
of, inter alia, U.S. Patent No. 7,737,809 (``the '809 patent''). In the 
course of proceedings, the Commission entered cease and desist orders 
against numerous defaulting foreign and domestic respondents, including 
Menard, Inc. of Eau Claire, Wisconsin. In connection with briefing to 
the Commission on remedy and the public interest, non-party Pass & 
Seymour, Inc. of Syracuse, New York (``P&S'') argued

[[Page 7700]]

for a carve-out for P&S GFCIs from any general exclusion order. P&S 
argued that Leviton deliberately avoided naming P&S as a respondent or 
accusing P&S's products, and that any exclusion order ought not reach 
P&S's products. The Commission rejected P&S's argument, and issued a 
general exclusion order, but invited P&S to ``avail itself of other 
Commission procedures to obtain a ruling as to whether its products are 
subject to the general exclusion order.'' Comm'n Op. 91-92 (Apr. 27, 
2012).
    On August 29, 2012, Leviton filed a complaint for enforcement 
proceedings under Commission rule 210.75(b). Among Leviton's 
allegations was that Menard violated the cease and desist order by 
selling P&S GFCIs. See Enforcement Compl. ]] 64-67. On November 1, 
2012, the Commission instituted the enforcement proceeding sought by 
Leviton. 77 FR 66080 (Nov. 1, 2012). On November 2, 2012, P&S moved to 
intervene as a respondent, and on November 27, 2012, the ALJ 
substantially granted that motion. Order No. 71 at 4-5 (Nov. 27, 2012) 
(granting motion to intervene, but limiting P&S's participation to 
issues of infringement and remedy). Leviton subsequently entered a 
Settlement and License Agreement with P&S, and Menard and P&S were 
terminated from the enforcement proceeding. Order No. 76 (Feb. 4, 
2013), not reviewed, Notice (Mar. 1, 2013).
    On November 20, 2013, P&S filed a request with the Commission for 
an advisory opinion pursuant to Commission rule 210.79, with regard to 
certain redesigned P&S products. On December 2, 2013, Leviton opposed. 
On December 16, 2013, P&S moved for leave to file a reply, which P&S 
appended to its motion. The Commission has determined to grant P&S's 
motion for leave to file the reply.
    Upon consideration of this matter, the Commission has determined to 
institute an advisory opinion proceeding under Commission rule 210.79 
and has issued an order concerning the scope of that proceeding. The 
Commission has referred P&S's request to the Chief Administrative Law 
Judge to designate a presiding administrative law judge for the 
proceedings. The following entities are named as parties to the 
proceeding: (1) Complainant Leviton; (2) respondent P&S and (3) the 
Office of Unfair Import Investigations.
    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: February 4, 2014.
Lisa R. Barton,
Acting Secretary to the Commission.
[FR Doc. 2014-02729 Filed 2-7-14; 8:45 am]
BILLING CODE 7020-02-P