ALJ Bullock Denies Motion For Forfeiture Of Respondents’ Bonds In Certain Ground Fault Circuit Interrupters (337-TA-739)

Posted On: February 7, 2013   by:

On February 4, 2013, Chief ALJ Charles E. Bullock issued the public version of Order No. 73 (dated January 15, 2013) in Certain Ground Fault Circuit Interrupters and Products Containing Same (Inv. No. 337-TA-739).

According to the Order, Complainant Leviton Manufacturing Co., Inc. (“Leviton”) moved that the bonds posted by certain Respondents be forfeited to Leviton.  In support of its motion, Leviton argued that the Presidential Review Period expired on June 29, 2012, without any action by the U.S. Trade Representative.  Respondents Fujian Hongan Electric Co., Ltd., Zhejiang Trimone Electric Science & Technology Co., Ltd., Aubuchon, Inc., Garvin Industries, Inc., Menard, Inc., and Royal Pacfic, Inc. filed an opposition to the motion.  The Commission Investigative Staff also opposed Leviton’s motion.

In the Order, ALJ Bullock found that Leviton’s motion was premature.  Specifically, ALJ Bullock determined that “[b]ond may only be forfeited when the Commission determination becomes final.”  In this case, the Commission’s determination is not final because there is an ongoing appeal of the determination at the U.S. Court of Appeals for the Federal Circuit.  Accordingly, ALJ Bullock denied Leviton’s motion, but noted that it may be refilled after the Federal Circuit issues its final judgment on the matter.

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