[Federal Register Volume 79, Number 84 (Thursday, May 1, 2014)]
[Notices]
[Pages 24752-24753]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-09915]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-886]


Certain TV Programs, Literary Works for TV Production and Episode 
Guides; Commission Determination to Not To Review Two Initial 
Determinations (Order Nos. 18 And 22); 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 not to review an initial determination (Order 
No. 18) granting a motion for summary determination of no copyright 
infringement and an initial determination (Order No. 22) concluding no 
unfair competition and terminating the investigation in Inv. No. 337-
TA-886, Certain TV Programs, Literary Works for TV Production and 
Episode Guides. The investigation is terminated with a finding of no 
violation.

FOR FURTHER INFORMATION CONTACT: Jia Chen, Esq., Office of the General 
Counsel, U.S. International Trade Commission, 500 E Street SW., 
Washington, DC 20436, telephone (202) 708-2301. 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 July 15, 2013, based on a complaint filed by E.T. Radcliffe, LLC of 
Dallas Texas and Emir Tiar of Coto De Caza, California (collectively, 
``Complainants''), alleging violations of 19 U.S.C. 1337(a)(1)(B), in 
the importation and sale of certain TV programs, literary works for TV 
production and episode guides pertaining to same by reason of 
infringement of U.S. Copyright Nos. PAU003415849, TXU001832727, and 
PAU00363 9268. The complaint also alleged violations of 19 U.S.C. 
1337(a)(1)(A) by reason of unfair methods of competition and unfair 
acts, the threat or effect of which is to substantially injure an 
industry in the United States. The notice of investigation named The 
Walt Disney Company of Burbank, California; Thunderbird Films, Inc. of 
Los Angeles, California; and Mindset Television, Inc. of Canada 
(collectively, ``Respondents'') as respondents.
    On January 6, 2014, Respondents filed a motion for summary 
determination pursuant to Commission Rule 210.18, alleging that there 
are no genuine issues of material fact in dispute with respect to 
copyright infringement and that they are entitled to a determination of 
no copyright infringement as a matter of law. On February 6, 2014, the 
presiding Administrative Law Judge (``ALJ'') (Judge Lord) issued an ID 
(Order No. 18) granting Respondents' motion.
    On February 6, 2014, the ALJ issued Order No. 19 to show cause why 
Complainants' claim based on unfair methods of competition should not 
be terminated in view of Order No. 18. On February 12, 2014, 
Complainants filed a response. On February 14, 2014, the Respondents 
filed a response to the order to show cause and to Complainants' 
response. On February 18, 2014, the ALJ issued Order No. 21, providing 
Complainants with three days to reply to the Respondents' response. On 
February 21, 2014, the Complainants filed a reply.
    On February 21, 2014, the ALJ issued an ID (Order No. 22) 
concluding no unfair competition under 19 U.S.C. 1337(a)(1)(A) and 
terminating the investigation in its entirety.
    On February 26, 2014, Complainants filed a combined petition for 
review of Order Nos. 18 and 22. On February 28, 2014, the Commission 
issued a notice extending the whether to review date for Order No. 18 
to April 25, 2014, and clarifying that the whether to review date for 
Order No. 22 is also on April 25, 2014. On March 3, 2014, Complainants 
filed a motion for leave to file out of time their petition for review 
as it relates to Order No. 18. On March 5, 2014, Respondents and the IA 
each filed a response to Complainants' petition.
    Upon consideration of the IDs, the petition for review, and the 
relevant portions of the record, the Commission has determined to deny 
Complainant's motion for leave to file out of time their petition for 
review as it relates to Order No. 18, and has determined not to review 
the subject IDs (Order Nos. 18

[[Page 24753]]

and 22). The investigation is hereby terminated.
    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).
    Documents relating to this determination, including a Concurring 
Memorandum from Commissioner Johanson, can be found on the Commission's 
Electronic Document Information System (EDIS) under Docket Number 886.

    Issued: April 25, 2014.

    By order of the Commission.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2014-09915 Filed 4-30-14; 8:45 am]
BILLING CODE 7020-02-P