[Federal Register Volume 77, Number 12 (Thursday, January 19, 2012)]
[Notices]
[Pages 2757-2758]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-983]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-791; Inv. No. 337-TA-826 (Consolidated)]


Certain Electric Fireplaces, Components Thereof, Manuals for 
Same, Certain Processes for Manufacturing or Relating to Same and 
Certain Products Containing Same; Institution of Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on December 13, 2011, under section 
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
Twin-Star International, Inc. of Delray Beach, Florida and TS 
Investment Holding Corp. of Miami, Florida. The complaint alleges 
violations of section 337 based upon the importation into the United 
States, the sale for importation, and the sale within the United States 
after importation of certain electric fireplaces, components thereof, 
manuals for same, certain processes for manufacturing or relating to 
same and certain products containing same by reason of infringement of 
U.S. Copyright Registration No. TX0007350474; U.S. Copyright 
Registration No.

[[Page 2758]]

TX0007350476; U.S. Copyright Registration No. VA0001772660; and U.S. 
Copyright Registration No. VA0001772661, misappropriation of trade 
secrets, breach of contract, and tortious interference with contract. 
The complaint further alleges that an industry in the United States 
exists as required by subsection (a)(2) of section 337, and that the 
threat or effect of the unfair methods of competition and unfair acts 
is to destroy or substantially injure an industry in the United States 
as required by subsection (a)(1)(A) of section 337.
    The complainants request that the Commission institute an 
investigation and, after the investigation, issue an exclusion order 
and cease and desist orders.

ADDRESSES: The complaint, except for any confidential information 
contained therein, is 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., Room 112, Washington, 
DC 20436, telephone (202) 205-2000. Hearing impaired individuals are 
advised that information on this matter can be obtained by contacting 
the Commission's TDD terminal on (202) 205-1810. Persons with mobility 
impairments who will need special assistance in gaining access 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 January 11, 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:
    (a) 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 electric fireplaces, components thereof, manuals for same, 
certain processes for manufacturing or relating to same and certain 
products containing same that infringe U.S. Copyright Nos. 
TX0007350474; TX0007350476; VA0001772660; and VA0001772661, and whether 
an industry in the United States exists as required by subsection 
(a)(2) of section 337;
    (b) whether there is a violation of subsection (a)(1)(A) 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 electric fireplaces, components thereof, manuals for same, 
certain processes for manufacturing or relating to same and certain 
products containing same by reason of misappropriation of trade 
secrets, breach of contract, or tortious interference with contract, 
the threat or effect of which is to destroy or substantially injure an 
industry in the United States;
    (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 complainants are:

Twin-Star International, Inc., 1690 South Congress Avenue, Suite 210, 
Delray Beach, FL 33445.
TS Investment Holding Corp., c/o Trivest Partners, L.P., 2665 South 
Bayshore Drive, 8th Floor, Miami, FL 33133.
    (b) The respondents are the following entities alleged to be in 
violation of section 337, and are the parties upon which the complaint 
is to be served:

Shenzhen Reliap Industrial Co., No. 3 Chuangye Road, The Third 
Industrial Zone, Shiyan Town, Baoan District, Shenzhen, China.
Yue Qiu Sheng (a.k.a. Jason Yue), Room <greek-i>507, Building 3, Bang 
Dao Yuang, Bu Ji Town, Shenzhen City, China 518112.
Whalen Furniture Manufacturing Inc., 1578 Air Wing Road, San Diego, CA 
92154.
    (c) The Office of Unfair Import Investigations, U.S. International 
Trade Commission, 500 E Street SW., Suite 401, Washington, DC 20436;
    (3) This investigation is consolidated with Investigation No. 337-
TA-791 currently pending before the Honorable David P. Shaw, 
Administrative Law Judge, U.S. International Trade Commission; and
    (4) For the consolidated investigation so instituted, the Honorable 
Charles E. Bullock, Chief Administrative Law Judge, U.S. International 
Trade Commission, shall designate the presiding Administrative Law 
Judge, who may adjust the target date and procedural schedule of the 
consolidated investigation as necessary to avoid prejudice to the 
rights of the parties.
    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.

     Issued: January 13, 2012.

    By order of the Commission.
James R. Holbein,
Secretary to the Commission.
[FR Doc. 2012-983 Filed 1-18-12; 8:45 am]
BILLING CODE 7020-02-P