U.S. International Trade Commission

Publication 4158 June 2010

Washington, DC 20436

In the Matter of

Investigation No. 337-TA-603

Certain DVD Players and Recorders and 

Certain Products Containing Same
U.S. International Trade Commission

COMMISSIONERS 

Shara L. Aranoff, Chairman 

Daniel R. Pearson, Vice Chairman 

Deanna Tanner Okun 

Charlotte R. Lane 

Irving A. Williamson 

Dean A. Pinkert 

Address all communications to 

Secretary to the Commission 

United States International Trade Commission 

Washington, DC 20436
U.S. International Trade Commission

Washington, DC 20436 

www.usitc.gov

Publication 4158 June 2010

In the Matter of

Investigation No. 337-TA-603

Certain DVD Players and Recorders and 

Certain Products Containing Same


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 fiom either of the GVG respondents. 

Subsequently, the GVG respondents were found in default. All other respondents have been 

terminated fiom this investigation. Accordingly, the Commission requested briefing fkom 

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)(l)(A)-(E), 19 

U.S.C. 0 1337(g)(l)(A)-(E), has been met with respect to the defaulting respondents. 

Accordingly, pursuant to section 337(g)(l), 19 U.S.C. 0 1337(g)(l), and Commission rule 

210.16(c), 19 CFR 0 210.16(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. 0 1337(g)(l), 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. 0 

1337), and sections 210.16(c) and 210.41 of the Commission’s Rules of Practice and Procedure 

(19 CFR 0 210.16(c) and 0 210.41). 

By order of the Commission. 

Secretary to the Commission 

Issued: February 15,2008 

2 
UNITED STATES INTERNATIONAL TRADE COMMISSION 

Washington, D.C. 20436 

~ 

In the Matter of 

CERTAIN DVD PLAYERS AND 

RECORDERS AND CERTAIN 

PRODUCTS CONTAINING SAME 

Inv. No. 337-TA-603 

LIMITED EXCLUSION ORDER 

The Commission has previously found Dongguan GVG Digital Products 

Ltd. and GVG Digital Technology Holdings Ltd. in default for failing to respond 

to the Notice of Investigation and the Complaint that alleged a violation of section 

337 of the Tariff Act of 1930 (19 U.S.C. 0 1337) in the unlawful importation and 

sale of certain DVD players and recorders and products containing same by reason 

of infiingement of claims 6 and 7 of U.S. Patent No. 5,587,911 (“the ‘991 patent), 

claim 31 of U.S. Patent No. 5,870,523 (“the ‘523 patent”), and claim 4 of U.S. 

Patent No. 5,956,306 (“the ‘306 patent”). 

Having reviewed the record in this investigation, including the written 

submissions of the parties, the Commission has made its determination on the 

issues of remedy, the public interest, and bonding. The Commission has 

determined that the appropriate form of relief as to the defaulting respondents is a 

limited exclusion order prohibiting the unlicensed entry of DVD players and 

recorders and products containing the same that are covered by one or more of 

claims 6 and 7 of the ‘991 patent, claim 3 1 of the ‘523 patent, and claim 4 of the 

‘306 patent, and that are manufactured abroad by or on behalf of, or imported by 
or on behalf of, Dongguan GVG Digital Products Ltd. and GVG Digital 

Technology Holdings Ltd. 

The Commission has Mher determined that the public interest factors 

enumerated in 19 U.S.C. 5 1337(d) do not preclude issuance of the limited 

exclusion order, and that the bond during the Presidential review period shall be 

in the amount of 100% of entered value of the DVD players, DVD recorders and 

products containing the same that are subject to this Order. 

Accordingly, the Commission hereby ORDERS that: 

1. DVD players and recorders and products containing the same 

within the scope of the investigation that are covered by one or more of claims 6 

and 7 of the ‘991 patent, claim 31 of the ‘523 patent, and claim 4 of the ‘306 

patent, and that are manufactured abroad by or on behalf of, or imported by or on 

behalf of, Dongguan GVG Digital Products Ltd. and GVG Digital Technology 

Holdings Ltd., or any of their affiliated companies, parents, subsidiaries, or other 

related business entities, or any of their successors or assigns, shall be excluded 

from entry for consumption into the United States, entry for consumption from a 

foreign trade zone, or withdrawal from a warehouse for consumption, for the 

remaining term of the patents, except under license of the patent owner or as 

provided by law. 

2. DVD players and recorders and products containing the same that 

are excluded by paragraph 1 of this Order are entitled to entry for consumption 

2 
into the United States, entry for consumption fiom a foreign trade zone, or 

withdrawal fiom a warehouse for consumption, under bond in the amount of 

100% of entered value pursuant to subsection (i) of section 337 of the Tariff Act 

of 1930, as amended, 19 U.S.C. 0 1337(j), and the Presidential Memorandum for 

the United States Trade Representative of July 21,2005 (70 Fed. Reg. 43251), 

from the day after this Order is received by the United States Trade Representative 

until such time as the United States Trade Representative notifies the Commission 

that this action is approved or disapproved but, in any event, not later than 60 days 

after the date of receipt of this action. 

. 

3. At the discretion of U.S. Customs and Border Protection (ICBP") 

and pursuant to procedures it establishes, persons seeking to import DVD players 

and recorders and products containing the same that are potentially subject to this 

Order may be required to certiQ that they are familiar with the terms of this Order, 

that they have made appropriate inquiry, and thereupon state that, to the best of 

their knowledge and belief, the products being imported are not excluded fiom 

entry under paragraphs 1 through 7 of this Order. At its discretion, Customs may 

require persons who have provided the certification described in this paragraph to 

furnish such records or analyses as are necessary to substantiate the certification. 

4. In accordance with 19 U.S.C. 0 1337(1), the provisions of this 

Order shall not apply to DVD players and recorders and products containing the 

same that are imported by and for the use of the United States, or imported for, 

3 
and to be used for, the United States with the authorization or consent of the 

Government. 

5. The Commission may modify this Order in accordance with the 

procedures described in section 210.76 of the Commission’s Rules of Practice and 

Procedure, 19 C.F.R. 0 210.76. 

6. The Secretary shall serve copies of this Order upon each party of 

record in this investigation and upon the Department of Health and Human 

Services, the Department of Justice, the Federal Trade Commission, and the US. 

Bureau of Customs and Border Protection. 

7. Notice of this Order shall be published in the Federal Register. 

By Order of the Commission. 

Secretary to the Commission 

Issued: February 15,2008 

4 
Certificate of Service - Page 1 

CERTAIN DVD PLAYERS AND RECORDERS AND 337-TA-603 

CERTAIN PRODUCTS CONTAINING SAME 

PUBLIC CERTIFICATE OF SERVICE 

I, Marilyn R. Abbott, hereby certify that the attached NOTICE OF COMMISSION 

ISSUANCE OF A LIMITED EXCLUSION ORDER AGAINST THE 

INFRINGING PRODUCTS OF RESPONDENTS FOUND IN DEFAULT; 

TERMINATION OF INVESTIGATION has been served by hand upon the 

Commission Investigative Attorney, Rett Snotherly, Esq., and the following parties as 

indicated, on February 19 2008 

N4MbV 

Ikarilyn R./Abbott, Secretary y/ 6 

U.S. International Trade Commission 

500 E Street, SW 

Washington, DC 20436 

ON BEHALF OF COMPLAINANTS TOSHIBA 

CORPORATION AND TOSHIBA AMERICA 

CONSUMER PRODUCTS: 

G. Brian Busey, Esq. 

Cynthia Lopez Beverage, Esq. 

John L. Kolakowski, Esq. 

MORRISON & FOERSTER LLP 

2000 Pennsylvania Ave., NW 

Suite 5500 

Washington, DC 20006 

P-202-887-1500 

F-202-887-0763 

RESPONDENTS: 

Dongguan GVG Digital Technology Ltd. 

DaPing Percinct 

Tang Xia Town, Dongguan 

Guangdong Province, China 

( ) Via Hand Delivery 

( ) Via Overnight Mail 

(qia First Class Mail 

( )Other: 

( ) Via Hand Delivery 

( ) Via Overnight Mail 

(His First Class Mail 

( )Other: 
Certificate of Service - Page 2 

GVG Digital Technology Holdings Ltd. 

Rm 1822, Grantech Centre 

8 On Ping Street 

Siu Lek Yuen 

Shatin, New Territories, Hong Kong 

GOVERNMENT AGENCIES: 

Edward T. Hand, Chief 

Foreign Commerce Section 

Antitrust Division 

U.S. Department of Justice 

601 Street, NW, Room 10023 

Washington, DC 20530 

George F. McCray, Chief 

Intellectual Property Rights Branch 

U.S. Bureau of Customs and Border Protection 

Mint Annex Building 

1300 Pennsylvania Avenue, NW 

Washington, DC 20229 

Elizabeth Kraus, Deputy Director 

International Antitrust 

Federal Trade Commission 

600 Pennsylvania Avenue, Room 498 

Washington, DC 20580 

Richard Lambert, Esq. 

Office of General Counsel 

Dept. of Health & Human Services 

National Institutes of Health 

Building 3 1, Room 2B50 

9000 Rockville Pike 

Bethesda, MD 20892-21 11 

( ) Via Hand Delivery 

( ) Via Overnight Mail 

(.;yVia First Class Mail 

( )Other: 

( ) Via Hand Delivery 

( ) Via Overnight Mail 

(cia First Class Mail 

( )Other: 

( ) Via Hand Delivery 

( ) Via Overnight Mail 

(4Via First Class Mail 

( ) Other: 

( ) Via Hand Delivery 

( ) Via Overnight Mail 

(qVia First Class Mail 

( ) Other: 

( ) Via Hand Delivery 

( ) Via Overnight Mail 

(4Via First Class Mail 

( )Other: 

same by reason of infringement of claims 6 and 7 of U.S. Patent No. 5,587,991, claims 16 and 31 

of the ‘523 patent, and claim 4 of U.S. Patent No. 5,956,306. The complaint named over a dozen 

respondents, including the GVG respondents. 

Each respondent has been terminated from the investigation on the basis of settlement, 

consent order, or, in the case of the GVG respondents, default. Because the GVG respondents 

were found in default, and thus subject to a limited exclusion order under section 337(g)(l), 19 

U.S.C. 9 1337(g)(1), the Commission requested briefing from interested parties on remedy, the 

public interest, and bonding on December 17,2007. 

On February 15,2008, the Commission issued a limited exclusion order prohibiting the 

unlicensed entry of certain DVD players and recorders and products containing same by reason 

of infkingement of claims 6 and 7 of U.S. Patent No. 5,587,991, claim 31 of the ‘523 patent, 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’s order was delivered to 

the President and the United States Trade Representative on the day of its issuance. 

Under section 337(g)(l), 19 U.S.C. 9 1337 (g)(l), in the case of a defaulting respondent, 

the Commission presumes facts alleged in the complaint to be true. Accordingly, method claim 

16 of the ‘523 patent should have been included in the limited exclusion order. The inclusion of 

method claim 16 will not broaden the scope of products covered by the exclusion order. Rather, 

it will merely provide an additional basis for exclusion of the products already covered by the 

order. 

The authority for the Commission’s determination is contained in section 337 of the 

Tariff Act of 1930, as amended (19 U.S.C. fj 1337), and section 210.16(c) of the Commission’s 

Rules of Practice and Procedure (1 9 CFR 0 2 10.16(c)). 

By order of the Commission. 

Marilyn R. Abbo~--”” 

Secretary to the Commission 

Issued: March 14,2008 

2 
UNITED STATES INTERNATIONAL TRADE COMMISSION 

Washington, D.C. 20436 

In the Matter of 

CERTAIN DVD PLAYERS AND 

RECORDERS AND CERTAIN 

PRODUCTS CONTAINING SAME 

Inv. No. 337-TA-603 

[CORRECTED] 

LIMITED EXCLUSION ORDER 

The Commission has previously found Dongguan GVG Digital Products 

Ltd. and GVG Digital Technology Holdings Ltd. in default for failing to respond 

to the Notice of Investigation and the Complaint that alleged a violation of section 

337 of the Tariff Act of 1930 (19 U.S.C. 0 1337) in the unlawfbl importation and 

sale of certain DVD players and recorders and products containing same by reason 

of infi-ingement of claims 6 and 7 of U.S. Patent No. 5,587,911 (“the ‘991 patent), 

claims 16 and 31 of U.S. Patent No. 5,870,523 (“the ‘523 patent”), and claim 4 of 

U.S. Patent No. 5,956,306 (“the ‘306 patent”). 

Having reviewed the record in this investigation, including the written 

submissions of the parties, the Commission has made its determination on the 

issues of remedy, the public interest, and bonding. The Commission has 

determined that the appropriate form of relief as to the defaulting respondents is a 

limited exclusion order prohibiting the unlicensed entry of DVD players and 

recorders and products containing the same that are covered by one or more of 

claims 6 and 7 of the ‘991 patent, claim 31 of the ‘523 patent, and claim 4 of the 
‘306 patent, and/or that practice the method of claim 16 of the ‘523 patent, and 

that are manufactured abroad by or on behalf of, or imported by or on behalf of, 

Dongguan GVG Digital Products Ltd. and GVG Digital Technology Holdings 

Ltd. 

The Commission has further determined that the public interest factors 

enumerated in 19 U.S.C. 0 1337(d) do not preclude issuance of the limited 

exclusion order, and that the bond during the Presidential review period shall be 

in the amount of 100% of entered value of the DVD players, DVD recorders and 

products containing the same that are subject to this Order. 

Accordingly, the Commission hereby ORDERS that: 

1. DVD players and recorders and products containing the same 

within the scope of the investigation that are covered by one or more of claims 6 

and 7 of the ‘991 patent, claim 31 of the ‘523 patent claim 4 of the ‘306 patent, 

and/or that practice the method of claim 16 of the ‘523 patent, and that are 

manufactured abroad by or on behalf of, or imported by or on behalf of, 

Dongguan GVG Digital Products Ltd. and GVG Digital Technology Holdings 

Ltd., or any of their affiliated companies, parents, subsidiaries, or other related 

business entities, or any of their successors or assigns, shall be excluded from 

entry for consumption into the United States, entry for consumption from a 

foreign trade zone, or withdrawal from a warehouse for consumption, for the 

2 
remaining term of the patents, except under license of the patent owner or as 

provided by law. 

2. DVD players and recorders and products containing the same that 

are excluded by paragraph 1 of this Order are entitled to entry for consumption 

into the United States, entry for consumption fiom a foreign trade zone, or 

withdrawal fiom a warehouse for consumption, under bond in the amount of 

100% of entered value pursuant to subsection (i) of section 337 of the Tariff Act 

of 1930, as amended, 19 U.S.C. 0 1337(i), and the Presidential Memorandum for 

the United States Trade Representative of July 21,2005 (70 Fed. Reg. 43251), 

fiom the day after this Order is received by the United States Trade Representative 

until such time as the United States Trade Representative notifies the Commission 

that this action is approved or disapproved but, in any event, not later than 60 days 

after the date of receipt of this action. 

3. At the discretion of U.S. Customs and Border Protection ("CBP") 

and pursuant to procedures it establishes, persons seeking to import DVD players 

and recorders and products containing the same that are potentially subject to this 

Order may be required to certifL that they are familiar with the terms of this Order, 

that they have made appropriate inquiry, and thereupon state that, to the best of 

their knowledge and belief, the products being imported are not excluded fiom 

entry under paragraphs 1 through 7 of this Order. At its discretion, Customs may 

3 
require persons who have provided the certification described in this paragraph to 

fiunish such records or analyses as are necessary to substantiate the certification. 

4. In accordance with 19 U.S.C. 0 1337(1), the provisions of this 

Order shall not apply to DVD players and recorders and products containing the 

same that are imported by and for the use of the United States, or imported for, 

and to be used for, the United States with the authorization or consent of the 

Government. 

5. The Commission may modi@ this Order in accordance with the 

procedures described in section 2 10.76 of the Commission’s Rules of Practice and 

Procedure, 19 C.F.R. 0 210.76. 

6. The Secretary shall serve copies of this Order upon each party of 

record in this investigation and upon the Department of Health and Human 

Services, the Department of Justice, the Federal Trade Commission, and the U.S. 

Bureau of Customs and Border Protection. 

7. 

By Order of the Commission. 

Notice of this Order shall be published in the Federal Register. 

Marilyn R. Abbu 

Secretary to the Commission 

Issued: March 14,2008 

4 
Certificate of Service - Page 1 

CERTAIN DVD PLAYERS AND RECORDERS AND 337-TA-603 

CERTAIN PRODUCTS CONTAINING SAME 

PUBLIC CERTIFICATE OF SERVICE 

I, Marilyn R. Abbott, hereby certify that the attached NOTICE OF CORRECTED 

LIMITED EXCULSION ORDER has been served by hand upon the Commission 

Investigative Attorney, Rett Snotherly, Esq., and the following parties as indicated, on 

March 14, 2008 

harilyn R.'Abbott, Secretary JA6 

U.S. International Trade Commission 

500 E Street, SW 

Washington, DC 20436 

ON BEHALF OF COMPLAINANTS TOSHIBA 

CORPORATION AND TOSHIBA AMERICA 

CONSUMER PRODUCTS: 

G. Brian Busey, Esq. 

Cynthia Lopez Beverage, Esq. 

John L. Kolakowski, Esq. 

MORRISON & FOERSTER LLP 

2000 Pennsylvania Ave., NW 

Suite 5500 

Washington, DC 20006 

P-202-887-1500 

F-202-887-0763 

RESPONDENTS: 

Dongguan GVG Digital Technology Ltd. 

DaPing Percinct 

Tang Xia Town, Dongguan 

Guangdong Province, China 

GVG Digital Technology Holdings Ltd. 

Rm 1822, Grantech Centre 

8 On Ping Street 

Siu Lek Yuen 

Shatin, New Territories, Hong Kong 

( ) Via Hand Delivery 

( ) Via Overnight Mail 

(x) Via First Class Mail 

( )Other: 

( ) Via Hand Delivery 

( ) Via Overnight Mail 

(2 Via First Class Mail 

( )Other: 

( ) Via Hand Delivery 

( ) Via Overnight Mail 

(9 Via First Class Mail 

( )Other: 
Certificate of Service - Page 2 

GOVERNMENT AGENCIES: 

Edward T. Hand, Chief 

Foreign Commerce Section 

Antitrust Division 

U.S. Department of Justice 

601 Street, NW, Room 10023 

Washington, DC 20530 

George F. McCray, Chief 

Intellectual Property Rights Branch 

U.S. Bureau of Customs and Border Protection 

Mint Annex Building 

1300 Pennsylvania Avenue, NW 

Washington, DC 20229 

Elizabeth Kraus, Deputy Director 

International Antitrust 

Federal Trade Commission 

600 Pennsylvania Avenue, Room 498 

Washington, DC 20580 

Richard Lambert, Esq. 

Office of General Counsel 

Dept. of Health & Human Services 

National Institutes of Health 

Building 3 1, Room 2B50 

9000 Rockville Pike 

Bethesda, MD 20892-21 11 

( ) Via Hand Delivery 

( ) Via Overnight Mail 

( Via First Class Mail 

( )Other: 

( ) Via Hand Delivery 

( ) Via Overnight Mail 

6 ) Via First Class Mail 

( )Other: 

( ) Via Hand Delivery 

( ) Via Overnight Mail 

( 4 Via First Class Mail 

( )Other: 

( ) Via Hand Delivery 

( ) Via Overnight Mail 

( 4 Via First Class Mail 

( )Other: 

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. The Commission investigative attorney filed a response 

in support of the motion. No other response to Toshiba’s motion was received. 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. 

On July 30,2007, the ALJ issued the subject ID, finding the GVG respondents in default. No 

petitions for review were filed. The Commission has determined not to review the subject ID. 

The authority for the Commission’s determination is contained in section 337 of the Tariff Act of 

1930, as amended (19 U.S.C. 5 1337), and in section 210.42 of the Commission’s Rules of 

Practice and Procedure (1 9 C.F.R. 0 2 10.42). 

By order of the Commission. 

Marilyn R. Abdad 

Secretary to the Commission 

Issued: August 22,2007 

2 
Certificate of Service - Page 1 

CERTAIN DVD PLAYERS AND RECORDERS AND 

CERTAIN PRODUCTSCONTAINING SAME 

337-TA-603 

CERTIFICATE OF SERVICE 

I, Marilyn R. Abbott, hereby certify that the attached NOTICE OF COMMISSION 

DECISION NOT TO REVIEW AN INITIAL DETERMINATION FINDING THE 

GVG RESPONDENTS IN DEFAULT has been served by hand upon the Commission 

Investigative Attorney, Karin J. Norton, Esq., and the following parties as indicated, on 

August 22. 2007 

f? &P 

arilyn R. Abbott, Secretary 

U.S. International Trade Commission 

500 E Street, SW 

Washington, DC 20436 

ON BEHALF OF COMPLAINANTS TOSHIBA 

CORPORATION AND TOSHIBA AMERICA 

CONSUMER PRODUCTS: 

G. Brian Busey, Esq. 

Cynthia Lopez Beverage, Esq. 

John L. Kolakowsh, Esq. 

MORRISON & FOERSTER LLP 

2000 Pennsylvania Ave., NW 

Suite 5500 

Washington, DC 20006 

P-202-887-1500 

F-202-887-0763 

ON BEHALF OF RESPONDENT DAEWOO 

ELECTRONICS OF AMERICA, INC.: 

Arthur Wineburg, Esq. 

Jeffrey K Sherwood, Esq. 

Daniel E. Yonan, Esq. 

AKIN GUMP STRAUSS HAUER & 

FELD LLP 

1333 New Hampshire Ave., NW 

Washington, DC 20036-1564 

P-202-887-4000 

F-202-887-4288 

( ) Via Hand Delivery 

(?a Overnight Mail 

( Via First Class Mail 

( ) Other: 

( ) Via Hand Delivery 

Overnight Mail 

First Class Mail 

( )Other: 
Certificate of Service - Page 2 

ON BEHALF OF RESPONDENTS MEMCORP INC., 

DONGGUAN TONIC ELECTRONICS CO., LTD., 

STARLIGHT ELECTRONICS CO., LTD., 

STARLIGHT INTERNATIONAL HOLDINGS 

LIMITED, STARLIGHT MARKETING (HK) LTD., 

TONIC DVB MARKETING LIMITED, TONIC 

DIGITAL PRODUCTS LIMITED, TONIC DIGITAL 

PRODUCTS LIMITED, TONIC ELECTRONICS 

LIMITED (HK), TONIC INDUSTRIES HOLDINGS 

LIMITED, TONIC TECHNOLOGY LIMITED, 

TONIC TECHNOLOGY (SHENZHEN) LTD., AND 

TONIC TECHNOLOGY LIMITED: 

Anton N. Handal, Esq. 

Gabriel Hedrick, Esq. 

Pamela C. Chalk, Esq. 

HANDAL ASSOCIATES 

1200 Third Avenue - Suite 132 1 

San Diego, CA 92101 

P-6 19-544-6400 

F-6 19-696-0323 

RESPONDENTS: 

Dongguan GVG Digital Technology Ltd. 

DaPing Percinct 

Tang Xia Town, Dongguan 

Guangdong Province, China 

GVG Digital Technology Holdings Ltd. 

Rm 1822, Grandtech Centre 

8 On Ping St 

Siu Lek Yuen 

Shatin, New Territotries, Hong Kong 

( ) Via Hand Delivery 

(?a Overnight Mail 

( Via First Class Mail 

( ) Other: 

( ) Via Hand Delivery 

Overnight Mail 

First Class Mail 

( )Other: 

( ) Via Hand Delivery 

(?a Overnight Mail 

( Via First Class Mail 

( )Other: 

The Commission sent copies of the complaint and notice of investigation to the two GVG 

respondents, and the mailings were not returned as undeliverable.’ Nevertheless, the GVG 

respondents did not respond to the complaint and notice of investigation. 

The Commission’s Rules provide that a party shall be found in default if it fails to 

respond to the complaint and notice of investigation, and fails to show cause why it should not be 

found in default. See 19 C.F.R. 5 210.16(a)(l). A party found in default is deemed to have 

waived its right to appear, to be served with documents, and to contest the allegations at issue in 

the investigation. See 19 C.F.R. 5 2 10.16(b)(3). 

On June 25,2007, the complainants filed a motion for an order to show cause and for 

subsequent default judgment against the GVG respondents. (Motion Dkt. No. 603-9.) The 

Commission Investigative Staff of the Office of Unfair Import Investigations supported the entry 

of an order requiring the GVG respondents to show cause why they should not be found in 

default, and the subsequent entry of an initial determination of default if the required showings 

were not made. No other response to the complainants’ motion was received.’ 

On July 10,2007, the Administrative Law Judge issued Order 9, which required the GVG 

’ In Certain Pet Food Treats, Inv. No. 337-TA-5 1 1 (“Pet Treats’’) the Commission 

Secretary served a copy of the complaint and notice of investigation upon a foreign respondent, 

and the mailing was not returned to the Commission. The respondent did not respond to the 

complaint and notice of investigation, or a subsequent show cause order. The Commission did 

not review an initial determination finding the respondent in default. See Pet Treats, Order 6 

(show cause); Pet Treats, Order 8 (initial determination); Pet Treats, Commission Notice, 70 

Fed. Reg. 20596 (2005) (non-review of Order 8 (initial determination)). See also Certain 

4-Androstenediol, Inv. No. 337-TA-440, Commission Notice and Order No. 9 (Initial 

Determination), Pub. No. 3496 (Mar. 2002) (facts similar to those in Pet Treats). 

’ The Commission’s Rules provide that if a nonmoving party fails to respond to a 

motion, it may be deemed to have consented to the granting of the motion. See 19 C.F.R. 5 

2 10.15(c). 

2 
respondents to show cause by July 24,2007 why they should not be found in default. No 

response to Order 9 was received from either GVG respondent. 

Inasmuch as the GVG respondents did not respond to the complaint and notice of 

investigation, and did not respond to the order to show cause, they must be found in default. See 

19 C.F.R. 6 210.16(a)(l). 

Accordingly, it is the INITIAL DETERMINATION of the Administrative Law Judge that 

respondents Dongguan GVG Digital Technology Ltd. and GVG Digital Technology Holdings 

Ltd. are in default. The complainants’ Motion 603-9 is GRANTED. 

Pursuant to 19 C.F.R. 6 2 10.42(h), this initial determination shall become the 

determination of the Commission unless a party files a petition for review of the initial 

determination pursuant to 19 C.F.R. 9 210.43(a), or the Commission, pursuant to 19 C.F,R. 

9 2 10.44, orders on its own motion a review of the initial determination or certain issues’ 

contained herein. 

Carl C. Charneski 

Administrative Law Judge 

Issued: July 30,2007 

3 
CERTAIN DVD PLAYERS AND RECORDERS 

AND CERTAIN PRODUCTS CONTAINING SAME 

Inv. No. 337-TA-603 

CERTIFICATE OF SERVICE 

I, Marilyn R. Abbott, hereby certify that the attached ORDER was served upon Karin J. 

Norton, Esq. and upon the following parties via first class mail, or air mail where necessary, on 

July 30, 2007 

&lynkvAbbott, Secretary 

U.S. International Trade Commission 

500 E. Street, SW 

Washington, D.C. 20436 

FOR COMPLAINANTS TOSHIBA CORPORATION 

AND TOSHIBA AMERICA CONSUMER PRODUCTS, LLC 

G. Brian Busey, Esq. 

Cynthia Lopez Beverage, Esq. 

John L. Kolakowski, Esq. 

MORRISON & FOERSTER LLP 

2000 Pennsylvania Ave., N.W. 

Suite 5500 

Washington, D.C. 20006 

FOR RESPONDENTS DONGGUAN TONIC ELECTRONICS CO., LTD., DONGGUAN 

XIN LIAN DIGITAL TECHNOLOGY CO., LTD., JWIN ELECTRONICS 

CORPORATION, MEMCORP INC., STAR LIGHT ELECTRONICS CO., LTD., 

STARLIGHT INTERNATIONAL HOLDINGS LIMITED, STARLIGHT MARKETING 

(HK) LTD., TONIC DIGITAL PRODUCTS LIMITED, TONIC DVB MARKETING 

LTD., TONIC ELECTRONICS LIMITED, TONIC INDUSTRIES HOLDINGS 

LIMITED, TONIC TECHNOLOGY (HK) LIMITED, TONIC TECHNOLOGY 

(SHENZHEN) LTD., AND TONIC TRADING DEVELOPMENT LTD. 

Anton N. Handal, Esq. 

Gabriel Hedrick, Esq. 

Pamela C. Chalk, Esq. 

HANDAL & ASSOCIATES 

1200 Third Avenue 

Suite 1321 

San Diego, CA 92101 
CERTAIN DVD PLAYERS AND RECORDERS 

AND CERTAIN PRODUCTS CONTAINING SAME 

Inv. No. 337-TA-603 

FOR RESPONDENT DAEWOO ELECTRONICS AMERICA, INC. 

Arthur Wineburg, Esq. 

Jeffrey K. Sherwood, Esq. 

Daniel E. Yonan, Esq. 

AKIN GUMP STRAUS HAUER & FELD LLP 

1333 New Hampshire Avenue, NW 

Washington, D.C. 20036-1564 

FOR DONGGUAN GVG DIGITAL TECHNOLOGY LTD. 

Dongguan GVG Digital Technology Ltd. 

Da Ping Precinct 

Tang Xia Town, Dongguan 

Guangdong Province, China 523722 

FOR GVG DIGITAL TECHNOLOGY HOLDINGS LTD. 

GVG Digital Technology Holdings Ltd. 

Rm 1822, Grandtech Centre 

8 On Ping St 

Siu Lek Yuen 

Shatin, New Territories, Hong Kong 

PUBLIC MAILING LIST 

Sherry Robinson 

LEXIS-NEXIS 

8891 Gander Creek Drive 

Miamisburg, OH 45342 

Ronnita Green 

West Group 

901 Fifteenth Street NW, Suite 230 

Washington, D.C. 20005