Federal Register / Vol. 77, No. 38 / Monday, February 27, 2012 / Notices 11591 

paragraph for further information 

regarding confidential business 

information). The Commission’s rules 

authorize filing submissions with the 

Secretary by facsimile or electronic 

means only to the extent permitted by 

section 201.8 of the rules (see Handbook 

for Electronic Filing Procedures, http:// 

www.usitc.gov/secretary/fed_reg_

notices/rules/documents/handbook_on_

electronic_filing.pdf). Persons with 

questions regarding electronic filing 

should contact the Secretary (202–205– 

2000). 

Any submissions that contain 

confidential business information must 

also conform with the requirements of 

section 201.6 of the Commission’s Rules 

of Practice and Procedure (19 CFR 

201.6). Section 201.6 of the rules 

requires that the cover of the document 

and the individual pages be clearly 

marked as to whether they are the 

‘‘confidential’’ or ‘‘non-confidential’’ 

version, and that the confidential 

business information be clearly 

identified by means of brackets. All 

written submissions, except for 

confidential business information, will 

be made available for inspection by 

interested parties. 

The Commission may include in the 

report it sends to the President and the 

USTR some or all of the confidential 

business information it receives in this 

investigation. The USTR has asked that 

the Commission make available a public 

version of its report shortly after its 

sends its report to the President and the 

USTR, with any classified or 

confidential business information 

deleted. The confidential business 

information received in this 

investigation and used in the 

preparation of the report will not be 

published in the public version of the 

report in such manner as would reveal 

the operations of the firm supplying the 

information. 

By order of the Commission. 

Issued: February 22, 2012. 

James R. Holbein, 

Secretary to the Commission. 

[FR Doc. 2012–4496 Filed 2–24–12; 8:45 am] 

BILLING CODE 7020–02–P 

INTERNATIONAL TRADE 

COMMISSION 

[Investigation No. 337–TA–739] 

Certain Ground Fault Circuit 

Interrupters and Products Containing 

Same, Investigations: Terminations, 

Modifications and Rulings 

AGENCY: U.S. International Trade 

Commission. 

ACTION: Notice. 

SUMMARY: Notice is hereby given that 

the U.S. International Trade 

Commission has determined to review 

the final initial determination issued by 

the presiding administrative law judge 

in the above captioned investigation on 

December 20, 2011, finding no violation 

of section 337 (19 U.S.C. 1337). The 

Commission requests briefing from the 

parties on certain issues under review 

and from the parties and the public on 

remedy, the public interest, and 

bonding, as indicated in this notice. 

FOR FURTHER INFORMATION CONTACT: 

Clark S. Cheney, Office of the General 

Counsel, U.S. International Trade 

Commission, 500 E Street SW., 

Washington, DC 20436, telephone 202– 

205–2661. 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: The 

Commission instituted this investigation 

on October 8, 2010, based on a 

complaint and an amended complaint 

filed by Leviton Manufacturing Co., of 

Melville, New York (‘‘Leviton’’). 75 FR 

62420 (Oct. 8, 2010). The complaint and 

amended complaint alleged 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 ground fault circuit interrupters 

and products containing the same by 

reason of infringement of claims 1–7, 9– 

11, 13–17, 23–26, and 32–36 of U.S. 

Patent No. 7,463,124 (‘‘the ’124 patent’’); 

claims 1–11, 13–28, 30–59, 61–64, and 

74–83 of U.S. Patent No. 7,737,809 (‘‘the 

’809 patent’’); and claims 1–4 and 8 of 

U.S. Patent No. 7,764,151 (‘‘the ’151 

patent’’). The Notice of Investigation 

named numerous respondents, and 

during the course of the investigation 

several of the respondents were found to 

be in default or were terminated due 

settlement agreements, consent orders, 

or withdrawn allegations. Seven 

respondents remain in the investigation, 

consisting of Zhejiang Trimone Electric 

Science & Technology Co. Ltd., of 

Zhejiang, China (‘‘Trimone’’); Fujian 

Hongan Electric Co, Ltd., of Fujian, 

China (‘‘Hongan’’); TDE, Inc., of 

Bellevue, Washington (‘‘TDE’’); 

Shanghai ELE Manufacturing Corp., of 

Shanghai, China (‘‘ELE’’); Orbit 

Industries, Inc., of Los Angeles, 

California (‘‘Orbit’’); American Electric 

Depot Inc., of Fresh Meadows, New 

York (‘‘AED’’); and Shanghai Jia AO 

Electrical Co. of Shanghai, China 

(‘‘Shanghai Jia’’). 

On December 20, 2011, the presiding 

administrative law judge (‘‘ALJ’’) issued 

his final initial determination (‘‘ID’’) in 

this investigation finding that the 

complainant had not sufficiently shown 

that a domestic industry exists with 

respect to the three asserted patents 

and/or articles protected by those 

patents. Accordingly, the ALJ found no 

violation of section 337. 

On January 6, 2012, the complainant, 

the Commission investigative attorney, 

and a group of respondents consisting of 

Trimone, Hongan, and TDE filed 

petitions for review of the ID. 

Respondents ELE, Orbit, AED, and 

Shanghai Jia have not filed petitions for 

review of the ID. 

Having examined the record of this 

investigation, including the ALJ’s final 

ID, the petitions for review, and the 

responses thereto, the Commission has 

determined to review the final ID in its 

entirety. 

The parties are requested to brief their 

positions on only the following issues, 

with reference to the applicable law and 

the evidentiary record: 

1. Whether the complainant has 

carried its burden to show the existence 

of a domestic industry under 19 U.S.C. 

1337(a)(3). 

2. Whether the ID implicitly applied 

a different claim construction when 

analyzing the validity of the ’121 and 

’151 patents than was applied when 

analyzing infringement of those patents. 

3. Whether the ID relied upon 

unclaimed features of the disclosed 

inventions when analyzing the validity 

of the ’121 and ’151 patents. 

4. Whether the ID considered all of 

respondents’ arguments concerning the 

validity of the ’809 patent. 

5. Whether the following asserted 

patent claims (a) have been properly 

construed, (b) protect articles for which 

there is an industry in the United States, 

(c) are infringed by the accused articles, 

and (d) have not been shown to be 

invalid: Claim 7 of the ’124 patent, 

claim 4 of the ’151 patent, and claims 

11 and 43 of the ’809 patent. 


srobinson on DSK4SPTVN1PROD with NOTICES
11592 Federal Register / Vol. 77, No. 38 / Monday, February 27, 2012 / Notices 

In connection with the final 

disposition of this investigation, the 

Commission may (1) issue an order that 

could result in the exclusion of the 

subject articles from entry into the 

United States, and/or (2) issue one or 

more cease and desist orders that could 

result in the respondent(s) being 

required to cease and desist from 

engaging in unfair acts in the 

importation and sale of such articles. 

Accordingly, in addition to the issues 

identified above, the Commission is 

interested in receiving written 

submissions that address the form of 

remedy, if any, that should be ordered. 

If a party seeks exclusion of an article 

from entry into the United States for 

purposes other than entry for 

consumption, the party should so 

indicate and provide information 

establishing that activities involving 

other types of entry either are adversely 

affecting it or likely to do so. For 

background, see In the Matter of Certain 

Devices for Connecting Computers via 

Telephone Lines, Inv. No. 337–TA–360, 

USITC Pub. No. 2843 (December 1994) 

(Commission Opinion). 

If the Commission contemplates some 

form of remedy, it must consider the 

effects of that remedy upon the public 

interest. The factors the Commission 

will consider include the effect that an 

exclusion order and/or cease and desist 

orders would have on (1) the public 

health and welfare, (2) competitive 

conditions in the U.S. economy, (3) U.S. 

production of articles that are like or 

directly competitive with those that are 

subject to investigation, and (4) U.S. 

consumers. The Commission is 

therefore interested in receiving written 

submissions that address the 

aforementioned public interest factors 

in the context of this investigation. 

If the Commission orders some form 

of remedy, the U.S. Trade 

Representative, as delegated by the 

President, has 60 days to approve or 

disapprove the Commission’s action. 

See Presidential Memorandum of July 

21, 2005, 70 FR 43251 (July 26, 2005). 

During this period, the subject articles 

would be entitled to enter the United 

States under bond, in an amount 

determined by the Commission. The 

Commission is therefore interested in 

receiving submissions concerning the 

amount of the bond that should be 

imposed if a remedy is ordered. 

Written Submissions: The parties to 

the investigation are requested to file 

written submissions on only the issues 

identified in this notice. Parties to the 

investigation, interested government 

agencies, and any other interested 

parties are encouraged to file written 

submissions on the issues of remedy, 

the public interest, and bonding. Such 

submissions should address the ALJ’s 

recommendation on remedy and 

bonding. Complainants and the 

Commission investigative attorney are 

also requested to submit proposed 

remedial orders for the Commission’s 

consideration. Complainants are also 

requested to state the dates that each of 

the asserted patents are set to expire and 

the HTSUS numbers under which the 

accused products are imported. The 

written submissions and proposed 

remedial orders must be filed no later 

than close of business on Friday, March 

2, 2012. Reply submissions must be 

filed no later than the close of business 

on Friday, March 9, 2012. No further 

submissions on these issues will be 

permitted unless otherwise ordered by 

the Commission. 

Persons filing written submissions 

must file the original document and 8 

true copies thereof on or before the 

deadlines stated above with the Office 

of the Secretary. Any person desiring to 

submit a document to the Commission 

in confidence must request confidential 

treatment unless the information has 

already been granted such treatment 

during the proceedings. All such 

requests should be directed to the 

Secretary of the Commission and must 

include a full statement of the reasons 

why the Commission should grant such 

treatment. See 19 CFR 210.6. Documents 

for which confidential treatment by the 

Commission is sought will be treated 

accordingly. All nonconfidential written 

submissions will be available for public 

inspection at the Office of the Secretary. 

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 Part 

210 of the Commission’s Rules of 

Practice and Procedure (19 CFR part 

210). 

By order of the Commission. 

Issued: February 21, 2012. 

James R. Holbein, 

Secretary to the Commission. 

[FR Doc. 2012–4394 Filed 2–24–12; 8:45 am] 

BILLING CODE 7020–02–P 

DEPARTMENT OF LABOR 

Employment and Training 

Administration 

Notice of Funding Opportunity and 

Solicitation for Grant Applications 

(SGA) for the Trade Adjustment 

Assistance Community College and 

Career Training Grants Program 

AGENCY: Employment and Training 

Administration, Labor. 

ACTION: Notice of Solicitation for Grant 

Applications (SGA). 

Funding Opportunity Number: SGA/ 

DFA PY 11–08. 

SUMMARY: The U.S. Department of Labor 

(the Department) announces the 

availability of up to $500 million in 

grant funds to be awarded under the 

Trade Adjustment Assistance 

Community College and Career Training 

(TAACCCT) grants program. The 

TAACCCT grants program provides 

eligible institutions of higher education, 

as defined in section 102 of the Higher 

Education Act of 1965 (20 U.S.C. 1002), 

with funds to expand and improve their 

ability to deliver education and career 

training programs that can be completed 

in two years or less, and are suited for 

workers who are eligible for training 

under the Trade Adjustment Assistance 

(TAA) for Workers Program (‘‘TAAeligible workers’’) of the Trade Act of 

1974 (as amended) 19 U.S.C. 2271– 

2323, as well as other adults. Eligible 

institutions may be located in the 50 

States, the District of Columbia, Puerto 

Rico or the U.S. territories; however, the 

competitiveness of institutions in the 

U.S. territories under this SGA may be 

impacted by their limited opportunity to 

serve TAA-eligible workers. 

The Department intends to fund 

multi-year grants to eligible institutions 

for either developing new education and 

career training program strategies or for 

replicating existing evidence-based 

design, development, and/or delivery 

strategies for such programs. 

In accordance with the TAACCCT 

requirement that each state receive at 

least 0.5 percent of the approximately 

$500 million total amount of funds 

available under this SGA, the 

Department intends to fund grants of 

$2.5 to $3.0 million to applicants from 

each State, the District of Columbia, and 

Puerto Rico. In addition to grants of $2.5 

to $3.0 million to individual applicants, 

the Department intends to fund grants of 

$5 million to $15 million to consortium 

applicants that propose programs that 

will impact TAA-eligible workers and 

other adults across a state, region or 

regions, industry sector or cluster of 

related industries. Eligible institutions 

that received individual grants or were 

the ‘‘lead institution’’ under the 

Solicitation for Grant Applications for 

TAACCCT Grants Program Funding 

Opportunity Number: SGA/DFA PY 10– 

03, dated January 20, 2011, are not 

eligible to apply for grants under this 

SGA, however, may serve as member 

institutions in a consortium application 

under this SGA. 

The complete SGA and any 

subsequent SGA amendments, in 


srobinson on DSK4SPTVN1PROD with NOTICES