[Federal Register Volume 79, Number 95 (Friday, May 16, 2014)]
[Notices]
[Page 28551]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-11347]



[[Page 28551]]

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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-739 (Advisory)]


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 not to review an initial determination 
(``ID'') (Order No. 88) by the presiding administrative law judge 
(``ALJ'') terminating advisory opinion proceedings that were initiated 
in the above-captioned investigation by Pass & Seymour, Inc. of 
Syracuse, New York (``P&S''), which was not a party in the underlying 
investigation. The ID terminates the proceedings based on a settlement 
agreement between P&S and complainant Leviton Manufacturing Co., Inc. 
of Melville, New York (``Leviton'').

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. 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, certain claims of U.S. Patent No. 
7,737,809 (``the '809 patent''). In connection with briefing to the 
Commission on remedy and the public interest, non-party P&S argued for 
a carve-out for P&S GFCIs from any general exclusion order. The 
Commission rejected P&S's argument and issued, inter alia, a general 
exclusion order with respect to articles that infringe the '809 patent. 
Comm'n Op. 91-92 (Apr. 27, 2012).
    On November 20, 2013, P&S filed a request with the Commission for 
an advisory opinion as to whether the relevant '809 patent claims 
referenced in the general exclusion order would read on certain P&S 
GFCIs. On February 10, 2014, the Commission instituted an advisory 
opinion proceeding. 79 FR 7699 (Feb. 10, 2014).
    On April 4, 2014, P&S and Leviton filed a joint motion to terminate 
the advisory opinion proceeding based on a settlement agreement. On 
April 14, 2014, the Commission investigative attorney filed a response 
in support of the joint motion. On April 15, 2014, the ALJ issued the 
subject ID, terminating the advisory opinion proceeding based on the 
settlement agreement. The ALJ found that P&S and Leviton stated there 
were no other agreements between P&S and Leviton concerning the subject 
matter of the advisory opinion proceeding. The ALJ also found that 
terminating the advisory opinion proceeding based on the settlement 
would not impose any undue burdens on the public interest. No petitions 
for review of the ID were filed.
    The Commission has determined not to review the ID. The advisory 
opinion proceeding is 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. Sec.  
1337), and in Part 210 of the Commission's Rules of Practice and 
Procedure (19 CFR Part 210).

    By order of the Commission.

    Issued: May 13, 2014.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2014-11347 Filed 5-15-14; 8:45 am]
BILLING CODE 7020-02-P