[Federal Register Volume 76, Number 88 (Friday, May 6, 2011)]
[Notices]
[Pages 26315-26316]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-11075]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-759]
In the Matter of Certain Birthing Simulators and Associated
Systems; Notice of Commission Determination Not To Review an Initial
Determination Finding Both Respondents in Default; Request for Written
Submissions on Remedy, the Public Interest, and Bonding
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. 5) of the presiding administrative law judge
(``ALJ'') finding both respondents in default and is requesting
briefing on remedy, public interest, and bonding.
FOR FURTHER INFORMATION CONTACT: Jia Chen, Office of the General
Counsel, U.S. International Trade Commission, 500 E Street, SW.,
Washington, DC 20436, telephone (202) 708-4737. 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 February 7, 2011, based on a complaint filed by Gaumard Scientific
Company, Inc. of Miami, Florida. 76 FR 6632 (Feb. 7, 2011). The
complaint, as amended, alleged violations of section 337 of the Tariff
Act of 1930 (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 birthing simulators and associated systems by
reason of infringement of various claims of United States Patent Nos.
6,503,087 and 7,114,954. The complaint named Shanghai Honglian Medical
Instruments of China and Shanghai Evenk International Trading Co., Ltd.
of China as respondents. The complaint and Notice of Investigation were
served on respondents on February 1, 2011. No responses were received.
On March 4, 2011, the ALJ issued an order requiring respondents to
show cause why they should not be held in default and judgment rendered
against them for failing to respond to the complaint and notice of
investigation. Respondents did not respond. On March 30, 2011, the ALJ
issued the subject ID, finding both respondents in default pursuant to
Commission Rule 210.16 (19 CFR 210.16) and terminating the above-
referenced investigation. None of the parties petitioned for review of
the ID.
The Commission has determined not to review the ID.
In connection with the final disposition of this investigation, the
Commission may (1) issue an order that could result in the exclusion of
the subject articles from entry into the United States, and/or (2)
issue one or more cease and desist orders that could result in the
respondent being required to cease and desist from engaging in unfair
acts in the importation and sale of such articles. Accordingly, the
Commission is interested in receiving written submissions that address
the form of remedy, if any, that should be ordered. If a party seeks
exclusion of an article from entry into the United States for purposes
other than entry for consumption, the party should so indicate and
provide information establishing that activities involving other types
of entry either are adversely affecting it or likely to do so. For
background, see In the Matter of Certain Devices for Connecting
Computers via Telephone Lines, Inv. No. 337-TA-360, USITC Pub. No. 2843
(December 1994) (Commission Opinion).
If the Commission contemplates some form of remedy, it must
consider the effects of that remedy upon the public interest. The
factors the Commission will consider include the effect that an
exclusion order and/or cease and desist orders would have on (1) the
public health and welfare, (2) competitive conditions in the U.S.
economy, (3) U.S. production of articles that are like or directly
competitive with those that are subject to investigation, and (4) U.S.
consumers. The Commission is therefore interested in receiving written
submissions that address the aforementioned public interest factors in
the context of this investigation.
If the Commission orders some form of remedy, the U.S. Trade
Representative, as delegated by the President, has 60 days to approve
or disapprove the Commission's action. See Presidential Memorandum of
July 21, 2005, 70 FR 43251 (July 26, 2005). During this period, the
subject articles would be entitled to enter the United States under
bond, in an amount determined by the Commission and prescribed by the
Secretary of the Treasury. The Commission is therefore interested in
receiving submissions concerning the amount of the bond that should be
imposed if a remedy is ordered.
Written Submissions: Parties to the investigation, interested
government agencies, and any other interested parties are encouraged to
file written submissions on the issues of remedy, the public interest,
and bonding. Specifically, Complainant and the Commission investigative
attorney are requested to respond to the following question: Does
section 337(j)(3) (19 U.S.C. 1337(j)(3)) or any other statutory
authority authorize the Commission to permit default respondents
subject to an exclusion order under section 337(g)(1) to import
infringing products under bond during the sixty (60) day Presidential
review period? Please cite any relevant legislative history.
Complainant and the Commission investigative attorney are also
requested
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to submit proposed remedial orders for the Commission's consideration.
Complainant is also requested to state the dates that the patents
expire and the HTSUS numbers under which the accused products are
imported. The written submissions and proposed remedial orders must be
filed no later than close of business on Thursday, May 12, 2011. Reply
submissions must be filed no later than the close of business on
Thursday, May 19, 2011. No further submissions on these issues will be
permitted unless otherwise ordered by the Commission.
Persons filing written submissions must file the original document
and 12 true copies thereof on or before the deadlines stated above with
the Office of the Secretary. Any person desiring to submit a document
to the Commission in confidence must request confidential treatment
unless the information has already been granted such treatment during
the proceedings. All such requests should be directed to the Secretary
of the Commission and must include a full statement of the reasons why
the Commission should grant such treatment. See 19 CFR 210.6. Documents
for which confidential treatment by the Commission is sought will be
treated accordingly. All nonconfidential written submissions will be
available for public inspection at the Office of the Secretary.
The authority for the Commission's determination is contained in
section 337(g)(1) of the Tariff Act of 1930, as amended (19 U.S.C.
1337(g)(1)), 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).
Issued: May 2, 2011.
By order of the Commission.
James R. Holbein,
Acting Secretary to the Commission.
[FR Doc. 2011-11075 Filed 5-5-11; 8:45 am]
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