Federal Register / Vol. 77, No. 38 / Monday, February 27, 2012 / Notices 11589 

to the Commission should contact the 

Office of the Secretary at (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. 

FOR FURTHER INFORMATION CONTACT: The 

Office of Unfair Import Investigations, 

U.S. International Trade Commission, 

telephone (202) 205–2560. 

Authority: The authority for institution of 

this investigation is contained in section 337 

of the Tariff Act of 1930, as amended, and 

in section 210.10 of the Commission’s Rules 

of Practice and Procedure, 19 CFR 210.10 

(2011). 

Scope of Investigation: Having 

considered the complaint, the U.S. 

International Trade Commission, on 

February 21, 2012, ordered that— 

(1) Pursuant to subsection (b) of 

section 337 of the Tariff Act of 1930, as 

amended, an investigation be instituted 

to determine whether there is a 

violation of subsection (a)(1)(B) of 

section 337 in the importation into the 

United States, the sale for importation, 

or the sale within the United States after 

importation of certain electronic devices 

for capturing and transmitting images 

and components thereof by reason of 

infringement of one or more of claims 5 

and 7 of the ’161 patent; claims 1 and 

7–11 of the ’084 patent; claims 1–6, 9– 

13, 16, 17, 19, and 20 of the ’605 patent; 

claims 11, 12, and 15–18 of the ’391 

patent; and claims 15 and 23–27 of the 

’218 patent; and whether an industry in 

the United States exists as required by 

subsections (a)(2) and (3) of section 337; 

(2) For the purpose of the 

investigation so instituted, the following 

are hereby named as parties upon which 

this notice of investigation shall be 

served: 

(a) The complainant is: 

Eastman Kodak Company, 343 State 

Street Rochester, NY 14650. 

(b) The respondent is the following 

entity alleged to be in violation of 

section 337, and is the party upon 

which the complaint is to be served: 

Apple Inc., 1 Infinite Loop, Cupertino, 

CA 95014; 

High Tech Computer Corp. a/k/a HTC 

Corp., 23 Xinghua Road, Taoyuan 

330, Taiwan; 

HTC America, Inc., 13920 SE Eastgate 

Way, Suite 400, Bellevue, WA 98005; 

Exedea, Inc., 5950 Corporate Drive, 

Houston, TX 77036; 

(c) The Office of Unfair Import 

Investigations, U.S. International Trade 

Commission, 500 E Street SW., Suite 

401, Washington, DC 20436; and 

(3) For the investigation so instituted, 

the Chief Administrative Law Judge, 

U.S. International Trade Commission, 

shall designate the presiding 

Administrative Law Judge. 

Responses to the complaint and the 

notice of investigation must be 

submitted by the named respondents in 

accordance with section 210.13 of the 

Commission’s Rules of Practice and 

Procedure, 19 CFR 210.13. Pursuant to 

19 CFR 201.16(d)–(e) and 210.13(a), 

such responses will be considered by 

the Commission if received not later 

than 20 days after the date of service by 

the Commission of the complaint and 

the notice of investigation. Extensions of 

time for submitting responses to the 

complaint and the notice of 

investigation will not be granted unless 

good cause therefor is shown. 

Failure of a respondent to file a timely 

response to each allegation in the 

complaint and in this notice may be 

deemed to constitute a waiver of the 

right to appear and contest the 

allegations of the complaint and this 

notice, and to authorize the 

administrative law judge and the 

Commission, without further notice to 

the respondent, to find the facts to be as 

alleged in the complaint and this notice 

and to enter an initial determination 

and a final determination containing 

such findings, and may result in the 

issuance of an exclusion order or a cease 

and desist order or both directed against 

the respondent. 

By order of the Commission. 

Issued: February 22, 2012. 

James R. Holbein, 

Secretary to the Commission. 

[FR Doc. 2012–4497 Filed 2–24–12; 8:45 am] 

BILLING CODE 7020–02–P 

INTERNATIONAL TRADE 

COMMISSION 

[Investigation No. 332–529] 

Advice Concerning Possible 

Modifications to the U.S. Generalized 

System of Preferences, 2011 Review of 

Additions and Competitive Need 

Limitation Waivers Institution of 

Investigation and Scheduling of 

Hearing 

AGENCY: United States International 

Trade Commission. 

ACTION: Notice of institution of 

investigation and scheduling of public 

hearing. 

SUMMARY: Following receipt of a request 

on February 14, 2012, from the United 

States Trade Representative (USTR), the 

U.S. International Trade Commission 

(Commission) instituted investigation 

No. 332–529, Advice Concerning 

Possible Modifications to the U.S. 

Generalized System of Preferences, 2011 

Review of Additions and Competitive 

Need Limitation Waivers, for the 

purpose of providing advice as to the 

probable economic effect of the addition 

of certain products to the list of items 

eligible for duty-free treatment under 

the U.S. GSP program and providing 

advice on whether any industry in the 

United States is likely to be adversely 

affected by a waiver of the competitive 

need limitations under the program for 

certain countries and articles. 

DATES:

March 12, 2012: Deadline for filing a 

request to appear at the public hearing. 

March 15, 2012: Deadline for filing 

pre-hearing briefs and statements. 

March 30, 2012: Public hearing. 

April 4, 2012: Deadline for filing posthearing briefs and statements. 

April 4, 2012: Deadline for filing all 

other written submissions. 

May 14, 2012: Transmittal of 

Commission report to the USTR. 

ADDRESSES: All Commission offices, 

including the Commission’s hearing 

rooms, are located in the United States 

International Trade Commission 

Building, 500 E Street SW., Washington, 

DC. All written submissions should be 

addressed to the Secretary, United 

States International Trade Commission, 

500 E Street SW., Washington, DC 

20436. The public record for this 

investigation may be viewed on the 

Commission’s electronic docket (EDIS) 

at http://edis.usitc.gov. 

FOR FURTHER INFORMATION CONTACT: 

Information specific to this investigation 

may be obtained from Vincent Honnold, 

Project Leader, Office of Industries 

(202–205–3314 or vincent.honnold@

usitc.gov), Michael McConnell, Deputy 

Project Leader, Office of Industries 

(202–205–3443 or michael.mcconnell@

usitc.gov), or Cynthia B. Foreso, 

Technical Advisor, Office of Industries 

(202–205–3348 or cynthia.foreso@usitc.

gov). For information on the legal 

aspects of these investigations, contact 

William Gearhart of the Commission’s 

Office of the General Counsel (202–205– 

3091 or william.gearhart@usitc.gov). 

The media should contact Margaret 

O’Laughlin, Office of External Relations 

(202–205–1819 or margaret.olaughlin@

usitc.gov). Hearing-impaired individuals 

may obtain information on this matter 

by contacting the Commission’s TDD 

terminal at 202–205–1810. General 

information concerning the Commission 

may also be obtained by accessing its 

Internet server (http://www.usitc.gov). 

Persons with mobility impairments who 


srobinson on DSK4SPTVN1PROD with NOTICES
11590 Federal Register / Vol. 77, No. 38 / Monday, February 27, 2012 / Notices 

will need special assistance in gaining 

access to the Commission should 

contact the Office of the Secretary at 

202–205–2000. 

Background: The USTR has requested 

three types of advice. First, in 

accordance with sections 503(a)(1)(A), 

503(e), and 131(a) of the Trade Act of 

1974, and pursuant to the authority of 

the President delegated to the USTR by 

sections 4(c) and 8(c) and (d) of 

Executive Order 11846 of March 31, 

1975, as amended, and pursuant to 

section 332(g) of the Tariff Act of 1930, 

the USTR has requested, and the 

Commission will provide, advice as to 

the probable economic effect on U.S. 

industries producing like or directly 

competitive articles, on U.S. imports, 

and on U.S. consumers of the 

elimination of U.S. import duties on the 

following article for all beneficiary 

developing countries under the GSP 

program: Sacks and bags (including 

cones) for the conveyance or packing of 

goods, of polymers of ethylene, 

provided for in HTS subheading 

3923.21.00. 

Second, in accordance with sections 

503(a)(1)(B), 503(e), and 131(a) of the 

Trade Act of 1974, and pursuant to the 

authority of the President delegated to 

the USTR by sections 4(c) and 8(c) and 

(d) of Executive Order 11846 of March 

31, 1975, as amended, and pursuant to 

section 332(g) of the Tariff Act of 1930, 

the USTR has requested, and the 

Commission will provide, advice as to 

the probable economic effect on U.S. 

industries producing like or directly 

competitive articles, on U.S. imports, 

and on U.S. consumers of the 

elimination of U.S. import duties on the 

following HTS subheadings and articles 

for least-developed beneficiary 

developing countries under the GSP 

program: HTS subheadings 5201.00.18 

(Cotton, not carded or combed, having 

a staple length under 28.575 mm (11⁄8

inches), n/harsh or rough, nesoi), 

5201.00.22 (Cotton, not carded or 

combed, staple length of 28.575 mm or 

more but under 34.925 mm, described 

in gen. note 15), 5201.00.24 (Cotton, 

carded or combed, harsh or rough, 

staple length 29.36875 mm or more but 

n/o 34.925 mm, white in color, quota 

described in chapter 52 add US note 6), 

5201.00.28 (Cotton, not carded or 

combed, harsh or rough, staple length of 

29.36875 mm or more but under 34.925 

mm & white in color, nesoi), 5201.00.34 

(Cotton, not carded or combed, staple 

length of 28.575 mm or more but under 

34.925 mm, other, quota described in 

chapter 52 add’l US note 7), 5201.00.38 

(Cotton, not carded or combed, staple 

length of 28.575 mm or more but under 

34.925 mm, nesoi), 5202.91.00 (Cotton 

garnetted stock), 5202.99.30 (Cotton 

card strips made from cotton waste 

having staple length under 30.1625 mm 

& lap, sliver & roving waste, nesoi), 

5203.00.05 (Cotton fibers, carded or 

combed, of cotton fiber processed but 

not spun, described in gen. note 15), 

5203.00.10 (Cotton fibers, carded or 

combed, of cotton fiber processed but 

not spun, quota described in chapter 52 

add’l US note 10), 5203.00.30 (Cotton 

fibers, carded or combed, of cotton fiber 

processed, but not spun, nesoi), and 

5203.00.50 (Cotton carded or combed, 

excluding fibers of cotton processed but 

not spun). 

Third, under authority delegated by 

the President, pursuant to section 332(g) 

of the Tariff Act of 1930, and in 

accordance with section 503(d)(1)(A) of 

the Trade Act of 1974, the USTR has 

requested, and the Commission will 

provide, advice on whether any 

industry in the United States is likely to 

be adversely affected by a waiver of the 

competitive need limitations specified 

in section 503(c)(2)(A) of the Trade Act 

of 1974 for the following HTS 

subheadings and countries: 1602.50.20 

(Prepared or preserved beef in airtight 

containers, other than corned beef, not 

containing cereals or vegetables) from 

Argentina; 2840.19.00 (Disodium 

tetraborate (refined borax) except 

anhydrous) from Turkey; 2921.19.60 

(Other acyclic monoamines and their 

derivatives) from Philippines; 

2922.41.00 (Lysine and its esters and 

salts thereof) from Brazil; 3307.41.00 

(‘‘Agarbatti’’ and other odoriferous 

preparations which operate by burning, 

to perfume or deodorize rooms or used 

during religious rites) from India; 

4015.19.10 (Seamless gloves of 

vulcanized rubber other than hard 

rubber, other than surgical or medical 

gloves) from Thailand; 7606.12.30 

(Aluminum alloy, plates/sheets/strip, 

w/thick. o/0.2mm, rectangular (inc. sq), 

not clad) from Indonesia; 8415.90.80 

(Parts for air conditioning machines, 

nesi) from Thailand; and 8708.30.50 

(Pts. & access. of mtr. vehicles of 8701, 

nesoi, and 8702–8705, brakes and servobrakes & pts thereof) from India. As 

requested, the Commission will also 

provide advice with respect to whether 

like or directly competitive products 

were being produced in the United 

States on January 1, 1995, and will 

provide advice as to the probable 

economic effect on total U.S. imports, as 

well as on consumers, of the requested 

waivers. For purposes of the 

competitive need limit in section 

503(c)(2)(A)(i)(I) of the Trade Act of 

1974, the Commission will use, as 

requested, the dollar value limit of 

$150,000,000. 

To the extent possible, the 

Commission will provide its probable 

economic effect advice and statistics 

and other relevant information or advice 

separately and individually for each 

U.S. Harmonized Tariff Schedule 

subheading subject to this request. As 

requested, the Commission will provide 

its advice by May 14, 2012. 

The USTR indicated that the portions 

of the Commission’s report and working 

papers that contain the Commission’s 

advice and assessment will be classified 

on the basis that they concern matters 

relating to the national security. In 

addition, the USTR said that he 

considers the Commission’s report to be 

an inter-agency memorandum that will 

contain pre-decisional advice and be 

subject to the deliberative process 

privilege. 

Public Hearing: A public hearing in 

connection with this investigation will 

be held at the U.S. International Trade 

Commission Building, 500 E Street SW., 

Washington, DC, beginning at 9:30 a.m. 

on March 30, 2012. Requests to appear 

at the public hearing should be filed 

with the Secretary, no later than 5:15 

p.m., March 12, 2012, in accordance 

with the requirements in the 

‘‘Submissions’’ section below. All prehearing briefs and statements should be 

filed not later than 5:15 p.m., March 15, 

2012; and all post-hearing briefs and 

statements should be filed not later than 

5:15 p.m., April 4, 2012. In the event 

that, as of the close of business on 

March 12, 2012, no witnesses are 

scheduled to appear at the hearing, the 

hearing will be canceled. Any person 

interested in attending the hearing as an 

observer or nonparticipant may call the 

Secretary to the Commission (202–205– 

2000) after March 12, 2012, for 

information concerning whether the 

hearing will be held. 

Written Submissions: In lieu of or in 

addition to participating in the hearing, 

interested parties are invited to file 

written submissions concerning this 

investigation. All written submissions 

should be addressed to the Secretary, 

and should be received not later than 

5:15 p.m., April 4, 2012. All written 

submissions must conform with the 

provisions of section 201.8 of the 

Commission’s Rules of Practice and 

Procedure (19 CFR 201.8). Section 201.8 

requires that a signed original (or a copy 

so designated) and fourteen (14) copies 

of each document be filed. In the event 

that confidential treatment of a 

document is requested, at least four (4) 

additional copies must be filed, in 

which the confidential information 

must be deleted (see the following 


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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