[Federal Register Volume 73, Number 90 (Thursday, May 8, 2008)]
[Notices]
[Pages 26144-26145]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-10175]
=======================================================================
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Inv. No. 337-TA-646]
In the Matter of Certain Power Supplies; Notice of Investigation
AGENCY: U.S. International Trade Commission.
ACTION: Institution of investigation pursuant to 19 U.S.C. 1337.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that a complaint was filed with the
U.S. International Trade Commission on April 4, 2008, under section 337
of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of
Ultra Products, Inc. of Fletcher, Ohio and Systemax Inc. of Port
Washington, New York. A supplement to the complaint was filed on May 1,
2008. The complaint alleges violations of section 337 based upon the
importation into the United States, the sale for importation, and the
sale within the United States after importation of certain power
supplies that infringe certain claims of U.S. Patent No. 7,133,293. The
complaint further alleges that an industry in the United States exists
as required by subsection (a)(2) of section 337.
The complainants request that the Commission institute an
investigation and, after the investigation, issue an exclusion order
and cease and desist orders.
ADDRESSES: The complaint and the supplement, except for any
confidential information contained therein, are 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., Room 112, Washington, DC 20436, telephone 202-205-2000.
Hearing impaired individuals are advised that information on this
matter can be obtained by contacting the Commission's TDD terminal on
202-205-1810. Persons with mobility impairments who will need special
assistance in gaining access to the Commission should contact the
Office of the Secretary at 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.
FOR FURTHER INFORMATION CONTACT: Thomas S. Fusco, Esq., Office of
Unfair Import Investigations, U.S. International Trade Commission,
telephone (202) 205-2571.
[[Page 26145]]
Authority: The authority for institution of this investigation
is contained in section 337 of the Tariff Act of 1930, as amended,
and in section 210.10 of the Commission's Rules of Practice and
Procedure, 19 CFR 210.10 (2007).
Scope of Investigation: Having considered the complaint, the U.S.
International Trade Commission, on May 1, 2008, ordered that--
(1) Pursuant to subsection (b) of section 337 of the Tariff Act of
1930, as amended, an investigation be instituted to determine whether
there is a violation of subsection (a)(1)(B) of section 337 in the
importation into the United States, the sale for importation, or the
sale within the United States after importation of certain power
supplies that infringe one or more of claims 1 and 4 of U.S. Patent No.
7,133,293, and whether an industry in the United States exists as
required by subsection (a)(2) of section 337;
(2) For the purpose of the investigation so instituted, the
following are hereby named as parties upon which this notice of
investigation shall be served:
(a) The complainants are--
Ultra Products, Inc., 6910 State Road 36, Fletcher, Ohio 45326.
Systemax, Inc.,11 Harbor Park Drive, Port Washington, New York 11050.
(b) The respondents are the following entities alleged to be in
violation of section 337, and are the parties upon which the complaint
is to be served:
Aerocool Advanced, Technologies Corporation, 13F-2, No. 75, Hsin Tai Wu
Road, Sec. 1 Hsi Chih, Taipei Hsien 221, Taiwan.
Langears, Inc. d/b/a Aerocool US, 41662 Christy Street, Fremont,
California 94538. Andyson International Co., Ltd.,Third Floor, 153 Pei-
Shen Road, Sec. 3, Shen-Keng Village,Taipei 222, Taiwan.
Atng Power Co., Ltd. a/k/a I Horng, Power Co., Ltd., Third Floor-9, 14
Lane 609 Chung Shin Road, Sec. 5, San Chung, Taipei Hsien 241, Taiwan.
Coolmax Technology Inc., 8F, No. 165, Sec. 2, Datung Road, Hsi-Chih
City, Taipei 221,Taiwan.
Enermax Technology Corporation, 15F-2, No. 888, Jing-Kuo Road, Taoyuan,
Taiwan. Enermax USA Corporation, 17733 Rowland Street, City of
Industry, California 91748.
High Performance Enterprise PLC, d/b/a High Performance Group or Hiper
Group, Unit 1, The I/O Centre, Fingle Drive, Milton Keynes, MK13
OAT,United Kingdom.
High Performance Group Inc., d/b/a High Performance Group or Hiper
Group, Foster City Executive Park, 551 Foster City Boulevard, Suite D,
San Mateo, California 94404.
KWI Technology Inc. d/b/a Kingwin, 18221 Railroad Street, City of
Industry, California 91748. San Hawk Technic Co., Ltd., a/k/a Sky Hawk
Group, 6F, No. 665, Chung Cheng Road, Hsin Chuang, Taipei, Taiwan.
Eagle Technology Inc., a/k/a Sky Hawk USA or Eagle Tech, 18539 East
Gale Avenue, City of Industry, California 91748.
Sunbeam Company, Room 406, Building A, No. 18, Sihyuan Street,
Jhongjheng District, Taipei City 100, Taiwan.
Sunbeamtech, Inc., 15339 Don Julian Road, Hacienda Heights, California
91748.
(c) The Commission investigative attorney, party to this
investigation, is Thomas S. Fusco, Esq., Office of Unfair Import
Investigations, U.S. International Trade Commission, 500 E Street, SW.,
Room 401B, Washington, DC 20436; and
(4) For the investigation so instituted, the Honorable Charles E.
Bullock is designated as the presiding administrative law judge.
Responses to the complaint and the notice of investigation must be
submitted by the named respondents in accordance with section 210.13 of
the Commission's Rules of Practice and Procedure, 19 CFR 210.13.
Pursuant to 19 CFR 201.16(d) and 210.13(a), such responses will be
considered by the Commission if received not later than 20 days after
the date of service by the Commission of the complaint and the notice
of investigation. Extensions of time for submitting responses to the
complaint and the notice of investigation will not be granted unless
good cause therefor is shown.
Failure of the respondent to file a timely response to each
allegation in the complaint and in this notice may be deemed to
constitute a waiver of the right to appear and contest the allegations
of the complaint and this notice, and to authorize the administrative
law judge and the Commission, without further notice to the respondent,
to find the facts to be as alleged in the complaint and this notice and
to enter an initial determination and a final determination containing
such findings, and may result in the issuance of an exclusion order or
a cease and desist order or both directed against the respondent.
By order of the Commission.
Issued: May 2, 2008.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E8-10175 Filed 5-7-08; 8:45 am]
BILLING CODE 7020-02-P