[Federal Register: November 15, 2006 (Volume 71, Number 220)]
[Notices]
[Page 66554]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15no06-91]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-563]
In the Matter of Certain Portable Power Stations and Packaging
Therefor; Issuance of a Limited Exclusion Order Against Respondent
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 respondent
found in default in the above-captioned investigation and has
terminated the investigation.
FOR FURTHER INFORMATION CONTACT: Clint Gerdine, Esq., Office of the
General Counsel, U.S. International Trade Commission, 500 E Street,
SW., Washington, DC 20436, telephone (202) 708-5468. 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 March 14, 2006, based on a complaint filed by Roadmaster (USA)
Corporation (``Roadmaster'') of Eatontown, New Jersey. The complaint,
as amended and supplemented, alleges 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 portable power stations and
packaging therefor by reason of infringement of U.S. Design Patent No.
D469,730; U.S. Trademark Registration No. 2,594,538; and U.S. Copyright
Registration No. VA-1-261-495. The complaint further alleges the
existence of a domestic industry. The Commission's notice of
investigation names Sinochem Ningbo, Ltd. (``Sinochem''), of Ningbo,
China, as the only respondent.
The administrative law judge (``ALJ'') issued an initial
determination on July 12, 2006, finding Sinochem in default, because
the respondent failed to reply to the complaint or notice of
investigation, and also failed to reply to a show cause order issued by
the ALJ on May 24, 2006. The Commission declined to review the ALJ's
determination that the respondent Sinochem defaulted.
On August 23, 2006, the Commission issued a notice requesting
briefing on the issues of remedy, the public interest, and bonding
relating to the default finding of unlawful importation and sale of
infringing products by Sinochem. 71 FR 51210 (Aug. 29, 2006).
Complainant submitted a brief along with a proposed order on September
5, 2006. The Commission investigative attorney (``IA'') also submitted
a brief along with a proposed order on September 6, 2006, and further
submitted a reply brief on September 13, 2006. The Complainant chose
not to file a reply brief.
Having examined the record of this investigation, including the
submissions of the parties, the Commission has determined that each of
the statutory requirements of section 337(g)(1), 19 U.S.C. 1337(g)(1),
has been met with respect to defaulting respondent Sinochem.
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 portable
power stations and packaging therefor covered by U.S. Design Patent No.
D469,739; U.S. Trademark Registration No. 2,594,538; or U.S. Copyright
Registration No. VA-1-261-495 that are manufactured abroad by or on
behalf of, or imported by or on behalf of, Sinochem or any of its
affiliated companies, parents, subsidiaries, or other related business
entities, or their successors or assigns.
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 amount of bond to permit temporary importation
during the Presidential review period, under 19 U.S.C. 1337(j), shall
be in the amount of 100 percent of the entered value of the infringing
imported portable power stations and packaging therefor. The
Commission's order was delivered to the President and the United States
Trade Representative on the day of its issuance.
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 section 210.16(c) of the Commission's Rules of Practice and
Procedure, 19 CFR 210.16(c)).
By order of the Commission.
Issued: November 9, 2006.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E6-19244 Filed 11-14-06; 8:45 am]
BILLING CODE 7020-02-P