Ground Fault Circuit Interrupters: ITC Issues GEO & C/D Order, Sets $0.25/Unit Bond
The International Trade Commission issued a general exclusion order prohibiting the unlicensed entry of ground fault circuit interrupters and products containing the same that infringe certain claims of the ’809 patent (337-TA-739). The ITC further determined that a bond of $0.25 per unit is required to permit temporary importation of these products during the 60-day Presidential review period of the exclusion order. ITC has also issued cease and desist orders against certain named respondents.1 The ITC said these orders terminate the investigation2.
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The investigation, general exclusion order, and cease and desist orders were requested by Leviton Manufacturing Co., of Melville, New York.
1Cease and desist orders were issued against the following defaulting respondents: Menard, Inc., of Eau Claire, Wisconsin; Garvin Industries, Inc., of Franklin Park, Illinois; Aubuchon Co., Inc., of Westminster, Massachusetts; Westside Wholesale Electric & Lighting, Inc., of Los Angeles, California; New Aspen Devices Corporation, of Brooklyn, New York; American Ace Supply Inc., of San Francisco, California; Contractor Lighting & Supply, Inc., of Columbus, Ohio; Littman Bros. Energy Supplies, Inc., of Schaumburg, Illinois; Safety Plus, Inc., of McFarland, Wisconsin; Norcross Electric Supply Co. of Suwanee, Georgia; Royal Pacific Ltd. of Albuquerque, New Mexico; and Zhejiang Easting House Electric Co. of Zhejiang. These defaulting respondents are prohibited from conducting any of the following activities in the United States: Importing, selling, marketing, advertising, distributing, offering for sale, transferring (except for exportation), and soliciting U.S. agents or distributors for subject merchandise.
2The following companies were named as respondents at the time of institution of the investigation: American Ace Supply Inc. of San Francisco, CA; American Electric Depot Inc. of Fresh Meadows, NY; Central Purchasing, LLC of Camarillo, CA; Contractor Lighting & Supply, Inc., of Columbus, OH; Deerso, Inc. of Cape Coral, FL; Frontier Lighting, Inc., of Clearwater, FL; Fujian Hongan Electric Co., Ltd., of China; Garvin Industries, Inc. of Franklin Park, IL; General Protecht Group, Inc., of China; G-Techt Global Corporation of Atlanta, GA; Harbor Freight Tools USA, Inc. of Camarillo, CA; Ingram Products, Inc. of Jacksonville, FL; Littman Bros. Energy Supplies, Inc., of Schaumberg, IL; Menard, Inc. of Eau Claire, WI; New Aspen Devices Corp. of Brooklyn, NY; Norcross Electric Supply Company of Suwanee, GA; Orbit Industries, Inc., of Los Angeles, CA; Ready Wholesale Electric and Lighting, Inc., of Reseda, CA; Royal Pacific Ltd. of Albuquerque, NM; Safety Plus Products, Inc. of McFarland, WI; SecurElectric Corporation of St. Louis, MO; Shanghai ELE Manufacturing Corporation of China; Sutherland Lumber Company of Kansas City, MO; The Designers Edge, Inc., of Bellevue, WA; W. E. Aubuchon Co., Inc., d/b/a Aubuchon Hardware, of Westminster, MA; Warehouse-Lighting.com LLC of Muskego, WI; Westside Wholesale Electric and Lighting, Inc. of Los Angeles, CA; Zhejiang Easting House Electric Co. of China; and Zhejiang Trimone Co. Ltd. of China. During the course of the investigation, some of these respondents were terminated from the investigation based on either withdrawn allegations, consent orders or settlement agreements.
(See notice for details of the orders and discussion of the respondents. See 10100722 for summary of this investigation's institution.)
(According to the ITC, the primary remedy available in Section 337 investigations is an exclusion order that directs U.S. Customs and Border Protection (CBP) to stop infringing imports from entering the U.S. The exclusion from entry is limited to persons determined by ITC to be in violation, unless ITC determines that a general exclusion order is necessary to prevent circumvention, there is a pattern of violation, etc. In addition, the ITC may issue cease and desist orders against named importers and other persons engaged in unfair acts that violate Section 337.)
ITC contact - Clark Cheney (202) 205-2661
(FR Pub 05/04/12, Investigation No. 337-TA-739)