[Federal Register Volume 77, Number 71 (Thursday, April 12, 2012)]
[Notices]
[Pages 21994-21995]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-8849]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-807]


Certain Digital Photo Frames and Image Display Devices and 
Components Thereof; Notice of Request for Written Submissions on 
Remedy, the Public Interest, and Bonding With Respect to Defaulting 
Respondent Aiptek International Inc.

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission is requesting briefing on remedy, the public interest, and 
bonding with respect to relief against respondent Aiptek International 
Inc. (``Aiptek'') of Hsinchu, Taiwan, which was previously found in 
default in the above-captioned 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) 708-2310. 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

[[Page 21995]]

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 September 27, 2011, based on a complaint filed by Technical 
Properties Limited, LLC (``TPL'') of Cupertino, California. 76 FR 
59737-38. The complaint alleges a violation 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 digital photo frames and 
image display devices and components thereof by reason of infringement 
of certain claims of U.S. Patent Nos. 6,976,623; 7,162,549; 7,295,443; 
and 7,522,424. The complaint further alleges the existence of a 
domestic industry. The Commission's notice of investigation named 
twenty respondents including Aiptek. The Office of Unfair Import 
Investigations was not named as a party to this investigation. The 
complaint and notice of investigation were served on Aiptek on 
September 22, 2011. Aiptek failed to respond to the complaint and 
notice of investigation.
    On November 18, 2011, the presiding administrative law judge 
(``ALJ'') issued an order to Aiptek to show cause why it should not be 
held in default. See ALJ's Order No. 13 (November 18, 2011). Aiptek 
failed to respond to the show cause order. The ALJ issued an initial 
determination (``ID'') on December 22, 2011, finding Aiptek in default, 
pursuant to 19 CFR 210.13 and 210.16, because respondent did not 
respond to the complaint, notice of investigation, and the ALJ's order 
to show cause. On January 9, 2012, the Commission issued notice of its 
determination not to review the ID finding Aiptek in default.
    On March 8, 2012, complainant TPL filed a declaration requesting 
immediate relief against the defaulting respondent Aiptek pursuant to 
Commission rule 210.16(c)(1), 19 CFR 210.16(c)(1). Its declaration 
included proposed remedial orders for the Commission's consideration.
    Section 337(g)(1) (19 U.S.C. 1337(g)(1)) and Commission Rule 
210.16(c)(1) (19 CFR 210.16(c)(1)) authorize the Commission to order 
immediate limited relief against a respondent found in default, unless 
after consideration of the public interest factors, it finds that such 
relief should not issue. 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 being required to cease and desist 
from engaging in unfair acts in the importation and sale of such 
articles. Accordingly, 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 are either 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 order 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.
    When 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 section 337(j), 19 U.S.C. 
1337(j) and the 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, interested 
government agencies, and any other interested parties are encouraged to 
file written submissions on the issues of remedy, the public interest, 
and bonding. Complainant is requested to state the dates that the 
patents at issue expire and the HTSUS numbers under which the accused 
products are imported. The written submissions must be filed no later 
than close of business on April 23, 2012. Reply submissions must be 
filed no later than the close of business on April 30, 2012. No further 
submissions on these issues will be permitted unless otherwise ordered 
by the Commission.
    Persons filing written submissions must do so in accordance with 
Commission rule 210.4(f), 19 CFR 210.4(f) which requires electronic 
filing. The original document and 8 true copies thereof must also be 
filed on or before the deadlines stated above with the Office of the 
Secretary. Any person desiring to submit a document (or portion 
thereof) 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 sections 210.16(c)(1) and 210.50 of the Commission's Rules of 
Practice and Procedure (19 CFR 210.16(c)(1) and 210.50).

     Issued: April 9, 2012.

    By order of the Commission.

James R. Holbein,
Secretary to the Commission.
[FR Doc. 2012-8849 Filed 4-11-12; 8:45 am]
BILLING CODE 7020-02-P