[Federal Register Volume 78, Number 235 (Friday, December 6, 2013)]
[Notices]
[Pages 73562-73563]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-29114]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-739 (Enforcement Proceeding)]
Certain Ground Fault Circuit Interrupters and Products Containing
Same Final Commission Determination; Issuance of Cease and Desist
Orders; Termination of the Investigation
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 to issue cease and desist orders against
certain respondents found in default. The investigation is terminated.
FOR FURTHER INFORMATION CONTACT: Amanda Pitcher Fisherow, Esq., Office
of the General Counsel, U.S. International Trade Commission, 500 E
Street SW., Washington, DC 20436, telephone (202) 205-2737. 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 the investigation
underlying this enforcement proceeding 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, inter alia, U.S. Patent No.
7,737,809 (``the '809 patent'').
On April 27, 2012, the Commission issued a general exclusion order
barring entry of ground fault circuit interrupters
[[Page 73563]]
that infringe certain claims of the '809 patent. The Commission also
entered cease and desist orders against several respondents, including
defaulting domestic and foreign respondents: Menard, Inc., of Eau
Claire, Wisconsin; Garvin Industries, Inc., of Franklin Park, Illinois;
Aubuchon Co., Inc., of Westminster, Massachusetts, Westside Wholesale
Electric & Lighting, Inc., of Los Angeles, California; New Aspen
Devices Corporation, of Brooklyn, New York; American Ace Supply Inc.,
of San Francisco, California; Contractor Lighting & Supply, Inc., of
Columbus, Ohio; Littman Bros. Energy Supplies, Inc, of Schaumburg,
Illinois; Safety Plus, Inc., of McFarland, Wisconsin; Norcross Electric
Supply Co. of Suwanee, Georgia; Royal Pacific Ltd. of Albuquerque, New
Mexico; and Zhejiang Easting House Electric Co. of Zhejiang, China.
On November 1, 2012, the Commission instituted a proceeding for the
enforcement of the Commission's remedial orders based on an enforcement
complaint filed by Leviton. 77 FR 66080 (Nov. 1, 2012). The enforcement
complaint alleged that domestic respondent American Electric Depot Inc.
(``AED''); and foreign respondents Shanghai ELE Manufacturing Corp.
(``Shanghai ELE''), and Shanghai Jia AO Electrical Co., Ltd.
(``Shanghai Jia AO'') violated the general exclusion order. The
enforcement complaint also alleged that other respondents violated
cease and desist orders. On February 14, 2013, the presiding
administrative law judge (``ALJ'') issued an initial determination
finding AED, Shanghai ELE, and Shanghai Jia AO in default. All other
respondents settled. On April 10, 2013, the Commission determined not
to review the initial determination with respect to the defaulting
respondents.
On April 16, 2013, complainant Leviton filed a motion requesting
that the Commission issue (1) a cease and desist order against AED; and
(2) seizure and forfeiture orders against ground fault circuit
interrupters imported or sold by AED, Shanghai ELE, and Shanghai Jia
AO. On April 26, 2013, the Commission investigative attorney (``IA'')
filed a response supporting Leviton's motion with respect to a cease
and desist order against AED. None of the defaulting respondents filed
a response.
On May 22, 2013, the ALJ issued a recommended determination
(``RD'') on remedy. The ALJ drew an inference from AED's refusal to
participate in the enforcement proceeding that AED has commercially
significant inventories of infringing articles. Accordingly, the ALJ
recommended that the Commission issue a cease and desist order
prohibiting AED from selling or distributing infringing articles in the
United States. The ALJ declined to recommend seizure and forfeiture
orders because he found Leviton failed to show evidence that infringing
articles were previously denied entry, as required under Commission
Rule 210.75(b)(6)(ii).
On July 31, 2013, the Commission requested briefing on the remedy,
bonding and the public interest. On August 16, 2013, the Commission
received submissions from Leviton and the IA. The Commission did not
receive any comments from the defaulting respondents or the public. On
August 30, 2013, the IA filed a reply submission. On September 3, 2013,
the IA filed an unopposed motion to file a substitute submission. The
Commission hereby grants the IA's motion to file a substitute
submission.
The Commission has determined that the appropriate form of relief
consists of cease and desist orders prohibiting defaulting respondents
AED, Shanghai ELE, and Shanghai Jia AO from conducting any of the
following activities in the United States: importing, selling,
marketing, advertising, distributing, offering for sale, transferring
(except for exportation), and soliciting U.S. agents or distributors
for ground fault circuit interrupters and products containing the same
that infringe one or more of claims 1-4, 6, 8-11, 13, 15-16, 35-37, 39,
and 41-46 of the '809 patent. The Commission has determined that there
are sufficient allegations in the enforcement complaint of domestic
activities by the defaulting respondents to support issuance of cease
and desist orders. See Certain Digital Photo Frames and Image Display
Devices and Components Thereof, Inv. 337-TA-807, Comm'n Op. (March 27,
2013).
The Commission has further determined that the public interest
factors enumerated in subsection (g)(1) (19 U.S.C. l337 (g)(1)) do not
preclude issuance of the cease and desist orders. Finally, the
Commission has determined to set a bond of $0.25 per unit for temporary
activities otherwise prohibited by the cease and desist orders with
respect to the articles in question during the period of Presidential
review (19 U.S.C. 1337(j)). The Commission's orders and the record upon
which it based its determination were delivered to the President and to
the United States Trade Representative on the day of their issuance.
The Commission has terminated 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 Part 210 of the
Commission's Rules of Practice and Procedure (19 CFR part 210).
By order of the Commission.
Issued: December 2, 2013.
Lisa R. Barton,
Acting Secretary to the Commission.
[FR Doc. 2013-29114 Filed 12-5-13; 8:45 am]
BILLING CODE 7020-02-P