[Federal Register Volume 67, Number 164 (Friday, August 23, 2002)]
[Notices]
[Pages 54671-54672]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-21584]
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INTERNATIONAL TRADE COMMISSION
[Inv. No. 337-TA-478]
Certain Ground Fault Circuit Interrupters and Products Containing
Same; Notice of Investigation
AGENCY: International Trade Commission.
ACTION: Institution of investigation pursuant to 19 U.S.C. 1337.
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SUMMARY: Notice is hereby given that a complaint was filed with the
U.S. International Trade Commission on July 23, 2002, under section 337
of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of
Leviton Manufacturing Co., Inc. of Little Neck, New York. A letter
supplementing the complaint was filed on August 14, 2002. The complaint
as supplemented alleges violations of section 337 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 (``GFCIs'') and products containing same by reason of
infringement of claims 1-4 of U.S. Letters Patent 4,595,894.
The complaint further alleges that an industry in the United States
exists as required by subsection (a)(2) of section 337. The complainant
requests that the Commission institute an investigation and, after the
investigation, issue a permanent general exclusion order and a
permanent cease and desist order.
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 http://www.usitc.gov. The
public record for this investigation may be viewed on the Commission's
electronic docket (EDIS-ON-LINE) at http://dockets.usitc.gov/eol/public.
FOR FURTHER INFORMATION CONTACT: David H. Hollander, Jr., Esq., Office
of Unfair Import Investigations, U.S. International Trade Commission,
telephone 202-205-2746.
Authority: The authority for institution of this investigation
is contained in section 337 of the Tariff Act of 1930, as amended,
and in Sec. 210.10 of the Commission's rules of practice and
procedure, 19 CFR 210.10 (2002).
Scope of Investigation
Having considered the complaint, the U.S. International Trade
Commission, on August 19, 2002, 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 ground
fault circuit interrupters or products containing same by reason of
infringement of claim 1, 2, 3, or 4 of U.S. Letters Patent 4,595,894,
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--Leviton Manufacturing Co., Inc., 59-25
Little Neck Parkway, Little Neck, NY 11362.
(b) The respondents are the following companies alleged to be in
violation of section 337, and are the parties upon which the complaint
is to be served:
Yueqing Huameili Electronic Co., Ltd., d/b/a HML, Yueqing Huameili
Electronic Co., Ltd., No. 2 Tongxing Road, Songhu Industrial Zone,
Yueqing, China P.C. 325600.
Jiamei Electrical Engineering Co., Ltd., Xuezhai Liushi Town, Yueqing
Zhejiang, China 325604.
Sammax International Ltd., Room 2411-12, Shui On Centre, 6-8 Harbour
Road, Hong Kong, Hong Kong.
Van-Sheen Electric Appliance Co., Ltd., d/b/a Yatai Switch Factory, 43
Gongyuan Road, Baixiang, Yueqing Zhejiang, China.
(c) David H. Hollander, Jr., Esq., Office of Unfair Import
Investigations, U.S. International Trade Commission, 500 E Street, SW.,
Suite 401, Washington, DC 20436, who shall be the Commission
investigative attorney, party to this investigation; and
(3) For the investigation so instituted, the Honorable Sidney
Harris is designated as the presiding administrative law judge.
Responses to the complaint and the notice of investigation must be
submitted by the named respondents in accordance with Sec. 210.13 of
the
[[Page 54672]]
Commission's rules of practice and procedure, 19 CFR 210.13. Pursuant
to 19 CFR 201.16(d) and 210.13(a), such responses will be considered by
the Commission if received no 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 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 to authorize the administrative law judge and the
Commission, without further notice to that respondent, to find the
facts to be as alleged in the complaint and this notice and to enter
both an initial determination and a final determination containing such
findings, and may result in the issuance of a limited exclusion order
or a cease and desist order or both directed against that respondent.
By order of the Commission.
Issued: August 20, 2002.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 02-21584 Filed 8-22-02; 8:45 am]
BILLING CODE 7020-02-P