[Federal Register Volume 78, Number 147 (Wednesday, July 31, 2013)]
[Notices]
[Pages 46368-46369]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-18392]
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-830]
Certain Dimmable Compact Fluorescent Lamps and Products
Containing Same; Termination of an Investigation
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that the U.S. International Trade
Commission has determined to grant motions to terminate the above-
captioned investigation as to the two remaining respondents on the
basis of settlement and withdrawal of the complaint, resulting in
termination of the investigation in its entirety.
FOR FURTHER INFORMATION CONTACT: Sidney A. Rosenzweig, Office of the
General Counsel, U.S. International Trade Commission, 500 E Street SW.,
Washington, DC 20436, telephone (202) 708-2532. 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 27, 2012, based on a complaint filed by Andrzej Bobel and
Neptun Light, Inc., both of Lake Forest, Illinois (collectively,
``Neptun''). 77 FR 11587 (Feb. 27, 2012). The complaint alleged
violations of section 337 of the Tariff Act of 1930, as amended 19
U.S.C. 1337, by reason of the infringement of certain claims of United
States Patent
[[Page 46369]]
Nos. 5,434,480 (``the '480 patent'') and 8,035,318 (``the '318
patent''). The complaint named numerous respondents, many of whom have
been terminated from the investigation on the basis of settlement
agreement, consent order, or withdrawal of the complaint. By the time
of the Administrative Law Judge's final Initial Determination (``ID''),
the remaining respondents were: Technical Consumer Products, Inc. of
Aurora, Ohio; Shanghai Qiangling Electronics Co., Ltd. of Shanghai,
China; Zhejiang Qiang Ling Electronic Co. Ltd. of Zhenjiang, China
(collectively, ``TCP''); U Lighting America Inc. of San Jose,
California (``ULA''); and Golden U Lighting Manufacturing (Shenzhen) of
Shenzhen, China (``Golden U''). Claim 9 of the '480 patent has been
asserted against ULA and Golden U, and claims 1 and 12 of the '318
patent have been asserted against TCP.
On February 27, 2013, the ALJ issued his final Initial
Determination (``ID''). The ID found Golden U in default, but found no
violation of section 337 as to all remaining respondents on the basis
of Neptun's failure to satisfy the economic prong of the domestic
industry requirement of section 337. The ALJ also found that respondent
TCP's accused products do not infringe the asserted claims of the '318
patent.
On March 12, 2013, Neptun filed a petition for review of the ID;
TCP and ULA each filed a contingent petition for review of the ID. On
March 20, 2013, Neptun opposed TCP's and ULA's petitions, and TCP and
ULA each opposed Neptun's petition. On April 3, 2013, the Commission
extended the whether-to-review deadline and the target date by
approximately six weeks. Notice (Apr. 3, 2013).
On June 10, 2013, Neptun and TCP filed an unopposed joint motion to
terminate the investigation as to TCP on the basis of a settlement
agreement between Neptun and TCP. On June 12, 2013, the Commission
issued a notice terminating the investigation as to TCP. That notice
also determined to review, inter alia, the ALJ's finding that Neptun
did not demonstrate the existence of a domestic industry. On June 25,
2013, Neptun and ULA filed briefs in response to the Commission notice.
Neptun and ULA subsequently requested extensions of time for the filing
of replies in order to enable them to submit a motion terminating the
investigation against ULA.
On July 10, 2013, Neptun and ULA moved to terminate the
investigation against ULA on the basis of a settlement agreement. On
July 15, 2013, Neptun moved to terminate the investigation against
Golden U on the basis of withdrawal of the complaint. Termination
against these two respondents results in termination of the
investigation. The Commission has determined that termination as to the
remaining respondents is in the public interest, and the Commission has
determined to grant both motions. The Commission thereby terminates the
investigation.
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 210.21 and 210.42-46 of the Commission's Rules of Practice
and Procedure (19 CFR 210.21, 210.42-46).
By order of the Commission.
Issued: July 26, 2013.
Lisa R. Barton,
Acting Secretary to the Commission.
[FR Doc. 2013-18392 Filed 7-30-13; 8:45 am]
BILLING CODE 7020-02-P