[Federal Register: February 21, 2008 (Volume 73, Number 35)]
[Notices]
[Page 9587]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21fe08-82]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-603]
In the Matter of: Certain DVD Players and Recorders and Certain
Products Containing Same; Notice of Commission Issuance of a Limited
Exclusion Order Against the Infringing Products of Respondents Found in
Default; Termination of 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 issued a limited exclusion order against the infringing
products of Dongguan GVG Digital Products Ltd. and GVG Digital
Technology Holdings Ltd. (collectively, the ``GVG respondents''), who
were previously found in default, and has terminated the above-
captioned investigation under section 337 of the Tariff Act of 1930, as
amended, 19 U.S.C. 1337 (``section 337'').
FOR FURTHER INFORMATION CONTACT: Paul M. Bartkowski, Office of the
General Counsel, U.S. International Trade Commission, 500 E Street,
SW., Washington, DC 20436, telephone (202) 708-5432. 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
(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: This investigation was instituted on May 8,
2007, based on a complaint filed by Toshiba Corporation of Tokyo, Japan
and Toshiba America Consumer Products, L.L.C., of Wayne, New Jersey
(collectively, ``Toshiba''). The complaint, as supplemented, alleges
violations of section 337 of the Tariff Act of 1930 (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 DVD
players and recorders and certain products containing the same by
reason of infringement of certain claims of U.S. Patent Nos.:
5,587,991; 5,870,523; and 5,956,306. The complaint named over a dozen
respondents, including the GVG respondents.
On June 25, 2007, Toshiba filed a motion for an order to show cause
and for subsequent default judgment against the GVG respondents. On
July 10, 2007, the ALJ issued an order requiring the GVG respondents to
show cause by July 24, 2007, why they should not be found in default.
No response to the show-cause order was received from either of the GVG
respondents. Subsequently, the GVG respondents were found in default.
All other respondents have been terminated from this investigation.
Accordingly, the Commission requested briefing from interested parties
and the public on remedy, the public interest, and bonding.
The Commission investigative attorney and Toshiba submitted
briefing responsive to the Commission's request on January 4, 2008, and
each proposed a limited exclusion order directed to the GVG
respondents' accused products, and recommended allowing entry under
bond of 100 percent of entered value during the period of Presidential
review.
The Commission found that each of the statutory requirements of
section 337(g)(1)(A)-(E), 19 U.S.C. 1337(g)(1)(A)-(E), has been met
with respect to the defaulting respondents. Accordingly, pursuant to
section 337(g)(1), 19 U.S.C. 1337(g)(1), and Commission rule 210.16(c),
19 CFR 210.16(c), the Commission presumed the facts alleged in the
complaint to be true.
The Commission determined that the appropriate form of relief in
this investigation is a limited exclusion order prohibiting the
unlicensed entry of certain DVD players and recorders and products
containing same by reason of infringement of claims 6 and 7 of U.S.
Patent No. 5,587,991, claim 31 of U.S. Patent No. 5,870,523, and claim
4 of U.S. Patent No. 5,956,306, and that are manufactured abroad by or
on behalf of, or imported by or on behalf of, the GVG respondents. The
Commission further determined that the public interest factors
enumerated in section 337(g)(1), 19 U.S.C. 1337(g)(1), do not preclude
issuance of the limited exclusion order. Finally, the Commission
determined that the bond under the limited exclusion order during the
Presidential review period shall be in the amount of 100 percent of the
entered value of the imported articles. The Commission's order was
delivered to the President and the United States Trade Representative
on the day of its issuance.
The Commission has terminated this 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 sections 210.16(c)
and 210.41 of the Commission's Rules of Practice and Procedure (19 CFR
210.16(c) and Sec. 210.41).
Issued: February 15, 2008.
By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E8-3205 Filed 2-20-08; 8:45 am]
BILLING CODE 7020-02-P