[Federal Register Volume 82, Number 215 (Wednesday, November 8, 2017)]
[Notices]
[Pages 51872-51873]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-24323]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1081]
Certain LED Lighting Devices, LED Power Supplies, and Components
Thereof Institution of Investigation
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
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SUMMARY: Notice is hereby given that a complaint was filed with the
U.S. International Trade Commission on September 21, 2017, under
section 337 of the Tariff Act of 1930, as amended, on behalf of Philips
Lighting North America Corp. of Somerset, New Jersey and Philips
Lighting Holding B.V. of the Netherlands. Supplements to the complaint
were filed on October 6 and 30, 2017. The complaint alleges violations
of section 337 based upon the importation into the United States, the
sale for importation, and the sale within the United States after
importation of certain LED lighting devices, LED power supplies, and
components thereof by reason of infringement of certain claims of U.S.
Patent No. 6,586,890 (``the '890 patent''); U.S. Patent No. 7,038,399
(``the '399 patent''); U.S. Patent No. 7,256,554 (``the '554 patent'');
U.S. Patent No. 7,262,559 (``the '559 patent''); and U.S. Patent No.
8,070,328 (``the '328 patent''). The complaint further alleges that an
industry in the United States exists as required by the applicable
Federal Statute.
The complainants request that the Commission institute an
investigation and, after the investigation, issue a limited exclusion
order and cease and desist orders.
ADDRESSES: The complaint, except for any confidential information
contained therein, is 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., Room 112,
Washington, DC 20436, telephone (202) 205-2000. Hearing impaired
individuals are advised that information on this matter can be obtained
by contacting the Commission's TDD terminal on (202) 205-1810. Persons
with mobility impairments who will need special assistance in gaining
access to the Commission should contact the Office of the Secretary at
(202) 205-2000. General information concerning the Commission may also
be obtained by accessing its internet server at https://www.usitc.gov.
The public record for this investigation may be viewed on the
Commission's electronic docket (EDIS) at https://edis.usitc.gov.
FOR FURTHER INFORMATION CONTACT: The Office of Docket Services, U.S.
International Trade Commission, telephone (202) 205-1802.
SUPPLEMENTARY INFORMATION:
Authority: The authority for institution of this investigation is
contained in section 337 of the Tariff Act of 1930, as amended, 19
U.S.C. 1337 and in section 210.10 of the Commission's Rules of Practice
and Procedure, 19 CFR 210.10 (2017).
Scope of Investigation: Having considered the complaint, the U.S.
International Trade Commission, on November 2, 2017, ordered that--
(1) Pursuant to subsection (b) of section 337 of the Tariff Act of
1930, as amended, an investigation be instituted to determine whether
there is a violation of subsection (a)(1)(B) of section 337 in the
importation into the United States, the sale for importation, or the
sale within the United States after importation of certain LED lighting
devices, LED power supplies, and components thereof by reason of
infringement of one or more of claims 14, 22, and 30 of the '890
patent; claims 1, 2, 4, 5, 7, 8, 17-19, 34, 35, 47, 48, and 58-60 of
the '399 patent; claims 1, 2, 5-7, 12, 46, 47, and 49-51 of the '554
patent; claims 6 and 12 of the '559 patent; and claims 1, 2, 4, 7, and
9 of the '328 patent; and whether an industry in the United States
exists as required by subsection (a)(2) of section 337;
(2) For the purpose of the investigation so instituted, the
following are hereby named as parties upon which this notice of
investigation shall be served:
(a) The complainant is:
Philips Lighting North America Corp., 200 Franklin Square Drive,
Somerset, NJ 08873.
Philips Lighting Holding B.V., High Tech Campus 45, Eindhoven, 5656 AE,
Netherlands.
(b) The respondents are the following entities alleged to be in
violation of section 337, and are the parties upon which the complaint
is to be served:
Feit Electric Company, Inc., 4901 Gregg Road, Pico Rivera, CA 90660.
Edgewell Personal Care Brands, LLC, 6 Research Drive, Shelton, CT
06484.
Feit Electric Company, Inc. (China), Zone B, 2/F, Xinyu Building, No.
17 Huoju East Road, Huli District Xiamen, China.
Lowe's Companies, Inc., 1000 Lowe's Boulevard, Mooresville, NC 28117.
L G Sourcing, Inc., 1605 Curtis Bridge Road, North Wilkesboro, NC
28659.
MSi Lighting, Inc., 622 Banyan Trail Suite 200, Boca Raton, FL 33431.
Satco Products, Inc., 110 Heartland Boulevard, Brentwood, NY 11717.
Topaz Lighting Corp., 925 Waverly Avenue, Holtsville, NY 11742.
Wangs Alliance Corporation d/b/a WAC, Lighting Co., 44 Harbor Park
Drive, Port Washington, NY 11050.
WAC Lighting (Shanghai) Co. Ltd., No. 14, Lane 299, Bi Sheng Road,
Zhang Jiang, Pu Dong District, Shanghai, China 201204.
(3) For the investigation so instituted, the Chief Administrative
Law Judge, U.S. International Trade Commission, shall designate the
presiding Administrative Law Judge.
The Office of Unfair Import Investigations will not participate as
a party in the investigation.
Responses to the complaint and the notice of investigation must be
submitted by the named respondents in accordance with section 210.13 of
the Commission's Rules of Practice and Procedure, 19 CFR 210.13.
Pursuant to 19 CFR 201.16(e) and 210.13(a), such responses will be
considered by the Commission if received not later than 20 days after
the date of service by the Commission of the complaint and the notice
of investigation. Extensions of time for submitting responses to the
complaint and the notice of investigation will not be granted unless
good cause therefor is shown.
Failure of a respondent to file a timely response to each
allegation in the complaint and in this notice may be deemed to
constitute a waiver of the right to appear and contest the allegations
of the complaint and this notice, and to authorize the administrative
law judge and the Commission, without further notice to the respondent,
to find the facts to be as alleged in the complaint and this notice and
to enter an initial determination and a final determination containing
such findings, and may result in the issuance of an exclusion order or
a cease and desist order or both directed against the respondent.
By order of the Commission.
[[Page 51873]]
Issued: November 3, 2017.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2017-24323 Filed 11-7-17; 8:45 am]
BILLING CODE 7020-02-P