[Federal Register Volume 77, Number 212 (Thursday, November 1, 2012)]
[Notices]
[Pages 66080-66081]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-26828]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-739]
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 instituted a formal enforcement proceeding relating to
certain remedial orders issued in the above-captioned investigation on
April 27, 2012.
FOR FURTHER INFORMATION CONTACT: Clark S. Cheney, Office of the General
Counsel, U.S. International Trade Commission, 500 E Street, SW.,
Washington, DC 20436, telephone (202)
[[Page 66081]]
205-2661. Copies of all nonconfidential 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 (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 the 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 Manufacturing
Co., Inc., of Melville, New York (``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
and products containing the same by reason of infringement of certain
claims of U.S. Patent Nos. 7,463,124 (``the '124 patent''); 7,737,809
(``the '809 patent''); and 7,764,151 (``the '151 patent''). The notice
of investigation named numerous respondents, including Menard, Inc., of
Eau Claire, Wisconsin (``Menard''); Westside Wholesale Electric &
Lighting, Inc.; Westside Electric Wholesale, Inc.; and Westside
Wholesale, Inc., all of Bell, California and/or Los Angeles, California
(collectively, ``Westside''); America Ace Supply Inc. of San Francisco,
California (``American Ace''); Shanghai ELE Manufacturing Corporation
of Shanghai, China (``Shanghai ELE''); Shanghai Jia AO Electrical Co.,
Ltd., of Shanghai, China (``Shanghai Jia AO''); and American Electric
Depot Inc. of Fresh Meadows, New York (``AED'').
On April 27, 2012, the Commission issued its final determination
finding that Leviton had proven a violation of section 337 based on
infringement of the '809 patent but had not proven a violation based on
infringement of the '124 and '151 patents. The Commission issued a
general exclusion order barring entry of ground fault circuit
interrupters that infringe the '809 patent and cease and desist orders
against certain respondents, including Menard, Westside, and American
Ace.
On August 29, 2012, Leviton filed a complaint for enforcement
proceedings under Commission rule 210.75(b). Leviton asserts that
Menard, Westside, and American Ace have violated cease and desist
orders in various ways, including by selling ground fault circuit
interrupters that infringe claims 1-4, 6, 8-11, 13, 15-16, 35-37, 39,
and 41-46 of the '809 patent, by selling infringing ground fault
circuit interrupters during the Presidential review period without
posting an appropriate bond, and by failing to file accurate reports
with the Commission. Leviton also alleges that Shanghai ELE, Shanghai
Jia AO, and AED have violated the general exclusion order entered in
this investigation at least by importing ground fault circuit
interrupters that infringe claims 1-4, 6, 8-11, 13, 15-16, 35-37, 39,
and 41-46 of the '809 patent during the Presidential review period
without posting an appropriate bond.
Having examined the complaint seeking a formal enforcement
proceeding, and having found that the complaint complies with the
requirements for institution of a formal enforcement proceeding
contained in Commission rule 210.75, the Commission has determined to
institute formal enforcement proceedings to determine whether Menard,
Westside, American Ace have violated cease and desist orders issued in
this investigation; whether Shanghai ELE, Shanghai Jia AO, and AED have
violated the general exclusion order issued in the investigation; and
what, if any, enforcement measures are appropriate. The Commission has
determined to name Leviton as the complainant in the formal enforcement
proceeding, and to name the following as respondents to the formal
enforcement proceeding: Menard, Westside, America Ace, Shanghai ELE,
Shanghai Jia AO, and AED. The Commission has also determined to name
the Office of Unfair Import Investigations as a party to the
enforcement proceeding.
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 section 210.75 of the Commission's Rules of Practice and Procedure
(19 CFR 210.75).
By order of the Commission.
Issued: October 26, 2012.
Lisa R. Barton,
Acting Secretary to the Commission.
[FR Doc. 2012-26828 Filed 10-31-12; 8:45 am]
BILLING CODE 7020-02-P