[Federal Register Volume 76, Number 110 (Wednesday, June 8, 2011)]
[Notices]
[Pages 33362-33363]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-14077]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-763]
In the Matter of Certain Radio Control Hobby Transmitters and
Receivers and Products Containing Same; Notice of a Commission
Determination Not To Review Initial Determinations Finding Both
Respondents in Default and Terminating the Investigation; 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 initial determinations
(``IDs'') (Order Nos. 6, 7) of the presiding administrative law judge
(``ALJ'') finding both respondents in the above-captioned
investigation, Koko Technology, Ltd. (``Koko'') and Cyclone Toy & Hobby
(``Cyclone'') of China, in default, and terminating the investigation.
The Commission is also requesting briefing on remedy, the public
interest, and bonding.
FOR FURTHER INFORMATION CONTACT: Clint Gerdine, Esq., Office of the
General Counsel, U.S. International Trade Commission, 500 E Street,
SW., Washington, DC 20436, telephone (202) 708-2310. 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 March 9, 2011, based on a complaint filed by Horizon Hobby, Inc.
(``Horizon'') of Champaign, Illinois. 76 FR 12995-96 (March 9, 2011).
The complaint, as amended, alleges 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 radio control hobby
transmitters and receivers and products containing same by reason of
infringement of certain claims of U.S. Patent No. 7,391,320, U.S.
Copyright Reg. No. TX-7-226-001, and U.S. Trademark Reg. No. 3,080,770.
The complaint further alleges the existence of a domestic industry. The
Commission's notice of investigation named Koko and Cyclone as the only
respondents. The complaint and notice of investigation were served on
respondents on March 3, 2011. No responses were received.
On April 11, 2011, Horizon moved, pursuant to 19 CFR 210.16, for
the following: (1) An order directing respondents Koko and Cyclone to
show cause why they should not be found in default for failure to
respond to the complaint and notice of investigation as required by
Sec. 210.13; and (2) the issuance of an ID finding Koko and Cyclone in
default upon their failure to show cause. Koko and Cyclone did not
respond to the motion.
On April 22, 2011, the ALJ issued Order No. 5 which required Koko
and Cyclone to show cause no later than May 12, 2011, as to why they
should not be held in default and judgment rendered against them
pursuant to Sec. 210.16. No response was received from
[[Page 33363]]
either Koko or Cyclone to the show cause order.
The ALJ issued Order No. 6 on May 16, 2011, finding both Koko and
Cyclone in default, pursuant to Sec. 210.13, 210.16, because neither
respondent responded to the complaint and notice of investigation, or
to Order No. 5 to show cause. On May 17, 2011, the ALJ issued Order No.
7 terminating the investigation because Koko and Cyclone are the only
respondents in the investigation. No party petitioned for review of the
IDs pursuant to 19 CFR 210.43(a), and the Commission found no basis for
ordering a review on its own initiative pursuant to 19 CFR 210.44. The
Commission has determined not to review the IDs.
Section 337(g)(1) (19 U.S.C. 1337(g)(1)) and Commission Rule
210.16(c) (19 CFR 210.16(c)) authorize the Commission to order limited
relief against a respondent found in default, unless after
consideration of the public interest factors in Section 337(g)(1)(E),
it finds that such relief should not issue. 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
are either 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 order 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 may 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: The 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. The Commission requests submitters to file a response 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 period of review? Please cite any relevant statutory
language and legislative history.
Complainant and the Commission investigative attorney are requested to
submit proposed remedial orders for the Commission's consideration.
Complainant is requested to state the date that the patent at issue
expires 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 June 24, 2011. Reply
submissions must be filed no later than the close of business on July
1, 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
(or portion thereof) 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 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and
in sections 210.16, 210.42(h), and 210.50 of the Commission's Rules of
Practice and Procedure (19 CFR 210.16, 210.42(h), and 210.50).
By order of the Commission.
Issued: June 3, 2011.
James R. Holbein,
Secretary to the Commission.
[FR Doc. 2011-14077 Filed 6-7-11; 8:45 am]
BILLING CODE 7020-02-P