[Federal Register: December 30, 2002 (Volume 67, Number 250)]
[Notices]
[Page 79647-79648]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30de02-115]
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INTERNATIONAL TRADE COMMISSION
[Inv. No. 337-TA-473]
In the Matter of Certain Video Game Systems, Accessories, and
Components Thereof; Issuance of Limited Exclusion Order and Cease and
Desist Order; Termination of Investigation
AGENCY: U.S. International Trade Commission.
SUMMARY: Notice is hereby given that the U.S. International Trade
Commission has terminated the above-captioned investigation and issued
a limited exclusion order and a cease and desist order.
FOR FURTHER INFORMATION CONTACT: David I. Wilson, Esq., Office of the
General Counsel, U.S. International Trade Commission, 500 E Street,
S.W., Washington, DC 20436, telephone 202-708-2310. Copies of the
limited exclusion order and cease and desist order, the Commission
opinion in support thereof, and all other 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 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.
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 voted to institute this
investigation, which concerns allegations of unfair acts in violation
of section 337 of the Tariff Act of 1930, 19 U.S.C. Sec. 1337, in the
importation and sale of certain video game accessories on July 19,
2002. 67 FR 48949 (July 26, 2002). On August 21, 2002, complainant
Microsoft Corporation, Redmond, Washington, (Microsoft) moved, pursuant
to 19 U.S.C. Sec. 1337(a)(1) and 19 CFR Sec. 210.16, for an order
directing the only respondent, Ultimate Game Club Ltd. (UGC), to show
cause why it should not be found in default for failure to respond to
Microsoft's complaint. The Commission investigative attorney (IA)
supported Microsoft's motion. The presiding administrative law judge
(ALJ) issued Order No. 4 on September 5, 2002, directing UGC to show
cause why it should not be found in default. UGC did not respond to
that order.
On October 9, 2002, the ALJ issued an initial determination (ID)
finding UGC in default pursuant to 19 CFR Sec. 210.16, and ruling that
UGC had waived its rights to appear, to be served with documents, and
to contest the allegations at issue in the investigation. No petitions
for review of the ID were filed. The Commission decided not to review
the ID on October 23, 2002, 67 FR 66002 (October 29, 2002), and the ID
[[Page 79648]]
became the Commission's final determination under 19 CFR Sec. 210.42.
On October 23, 2002, the Commission issued a notice requesting a
briefing on the issues of remedy, the public interest, and bonding. 67
FR 66002 (October 29, 2002). On November 5, 2002, pursuant to 19 U.S.C.
Sec. 1337(g)(1) and 19 CFR. Sec. 210.16(c)(1), complainant Microsoft
filed a declaration seeking limited relief against the defaulting
respondent. In its declaration, Microsoft requested that the Commission
issue a limited exclusion order and a cease and desist order against
UGC.
The Commission solicited comments from the parties, interested
government agencies, and other persons concerning the issues of remedy,
the public interest, and bonding. 67 FR 66002 (October 29, 2002).
Complainant and the IA filed proposed remedial orders and addressed the
issues of remedy, the public interest, and bonding. No comments were
filed by government agencies or other interested persons.
Section 337(g)(1) of the Tariff Act of 1930 provides that the
Commission shall presume the facts alleged in a complaint to be true,
and upon request issue a limited exclusion order and/or cease and
desist order if: (1) A complaint is filed against a person under
section 337, (2) the complaint and a notice of investigation are served
on the person, (3) the person fails to respond to the complaint and
notice or otherwise fails to appear to answer the complaint and notice,
(4) the person fails to show good cause why it should not be found in
default, and (5) the complainant seeks relief limited to that person.
Such an order shall be issued unless, after considering the effect of
such exclusion, the Commission finds that such exclusion should not be
issued.
The Commission determined that each of the statutory requirements
for the issuance of a limited exclusion order and a cease and desist
order were met with respect to defaulting respondent UGC. The
Commission further determined that the public interest factors
enumerated in sections 337(d) and 337(f) did not preclude the issuance
of such relief. Finally, the Commission determined that the bond during
the Presidential review period shall be in the amount of 100 percent of
the entered value of the imported articles.
This action is taken under the authority of section 337 of the
Tariff Act of 1930, 19 U.S.C. Sec. 1337, and section 210.16 (c) of the
Commission's Rules of Practice and Procedure, 19 CFR Sec. 210.16.
By order of the Commission.
Issued: December 24, 2002.
Marilyn R. Abbott,
Secretary.
[FR Doc. 02-32892 Filed 12-27-02; 8:45 am]
BILLING CODE 7020-02-P