Certain Personal Transporters, Components Thereof, and Manuals Therefor; Commission Determination To Review in Part an Initial Determination Granting Complainant's Motion for Summary Determination of Violation of Section 337 and, on Review, To Modify the Initial Determination; Request for Written Submissions on Remedy, the Public Interest, and Bonding, 61842-61843 [2015-26048]

Download as PDF 61842 Federal Register / Vol. 80, No. 198 / Wednesday, October 14, 2015 / Notices International Trade Commission, Washington, DC, and by publishing the notice in the Federal Register on May 7, 2015 (80 FR 26296). The hearing was held in Washington, DC, on August 13, 2015, and all persons who requested the opportunity were permitted to appear in person or by counsel. The Commission made these determinations pursuant to sections 705(b) and 735(b) of the Tariff Act of 1930 (19 U.S.C. 1671d(b) and 19 U.S.C. 1673d(b)). It completed and filed its determinations in these investigations on October 7, 2015. The views of the Commission are contained in USITC Publication 4565 (October 2015), entitled Boltless Steel Shelving Units Prepackaged for Sale From China: Investigation Nos. 701–TA–523 and 731–TA–1259 (Final). By order of the Commission. Issued: October 7, 2015. Lisa R. Barton, Secretary to the Commission. [FR Doc. 2015–26049 Filed 10–13–15; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–935] Certain Personal Transporters, Components Thereof, and Manuals Therefor; Commission Determination To Review in Part an Initial Determination Granting Complainant’s Motion for Summary Determination of Violation of Section 337 and, on Review, To Modify the Initial Determination; Request for Written Submissions on Remedy, the Public Interest, and Bonding U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that the U.S. International Trade Commission has determined to review in part an initial determination (‘‘ID’’) (Order No. 28) of the presiding administrative law judge (‘‘ALJ’’) granting complainants’ motion for summary determination of violation of section 337 and, on review, to make certain modifications in the ID. FOR FURTHER INFORMATION CONTACT: Michael Liberman, Esq., Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, telephone (202) 205–3115. Copies of non-confidential documents filed in connection with this investigation are or will be available for inspection during official business tkelley on DSK3SPTVN1PROD with NOTICES SUMMARY: VerDate Sep<11>2014 16:39 Oct 13, 2015 Jkt 238001 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 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 under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337 (‘‘Section 337’’), on November 10, 2014, based on a complaint filed by Segway, Inc. of Bedford, New Hampshire (‘‘Segway’’) and DEKA Products Limited Partnership of Manchester, New Hampshire (‘‘DEKA’’) (collectively, ‘‘Complainants’’). 79 FR 66739–40 (Nov. 10, 2014). The amended complaint, as supplemented, alleges violations of Section 337 by reason of infringement of certain claims of U.S. Patent Nos. 6,789,640 (‘‘the ’640 patent’’); 7,275,607 (‘‘the ’607 patent’’); and 8,830,048 (‘‘the ’048 patent’’); the claim of U.S. Design Patent No. D551,722 (‘‘the ’722 design patent’’); the claim of U.S. Design Patent No. D551,592 (‘‘the ’592 design patent’’); and U.S. Copyright Registration No. TX– 7–800–563 by numerous respondents. Id. In particular, the notice of investigation named the following thirteen entities as respondents: Ninebot Inc., Ninebot (Tianjin) Technology Co., Ltd., and PowerUnion (Beijing) Tech Co. Ltd. (the ‘‘Ninebot Respondents’’); Robstep Robot Co., Ltd. (‘‘Robstep’’); Shenzhen INMOTION Technologies Co., Ltd. (‘‘INMOTION’’); Tech in the City; and Freego USA, LLC (‘‘FreeGo USA’’) (collectively, ‘‘Terminated Respondents’’); UPTECH Robotics Technology Co., Ltd. (‘‘UPTECH’’); Beijing Universal Pioneering Technology Co., Ltd. (‘‘U.P. Technology’’); Beijing Universal Pioneering Robotics Co., Ltd. (‘‘U.P. Robotics’’); FreeGo High-Tech Corporation Limited (‘‘FreeGo China’’); and EcoBoomer Co. Ltd. (‘‘EcoBoomer’’) (collectively, ‘‘Defaulting Respondents’’); and Roboscooters.com (‘‘Roboscooters’’). The Commission’s Office of Unfair Import Investigations was also named as a party. In the course of the investigation, the ALJ issued the following IDs with respect to the Terminated Respondents: ALJ Order Nos. 13 (Feb. 19, 2015) (not PO 00000 Frm 00053 Fmt 4703 Sfmt 4703 reviewed Mar. 18, 2015) (terminating respondent FreeGo USA by consent order); 19 (May 4, 2015) (not reviewed May 20, 2015) (terminating respondent Robstep by settlement); 23 (Jun. 19, 2015) (not reviewed Jul. 15, 2015) (terminating respondent INMOTION by settlement); 24 (Jul. 8, 2015) (not reviewed Jul. 28, 2015) (terminating respondent Tech in the City by consent order); and 27 (Aug. 20, 2015) (not reviewed Sept. 18, 2015) (terminating the Ninebot Respondents by settlement). The ALJ also issued an ID finding all of the Defaulting Respondents in default. See ALJ Order No. 20 (May 7, 2015) (not reviewed May 27, 2015). The sole remaining respondent Roboscooters participated in a preliminary teleconference on December 15, 2014, filed an answer to the complaint and notice of investigation (Dec. 31, 2014), partially responded to one set of Requests for Document Production, and produced a corporate witness for deposition on May 6, 2015, but did not otherwise participate in the investigation. On July 8, 2015, Complainants filed a motion for summary determination of violation of Section 337 by defaulting respondents and respondent Roboscooters. The Commission investigative attorney filed a response in support of the motion. No other responses were filed. On August 21, 2015, the ALJ issued an ID (Order No. 28) granting Complainants’ motion and making recommendations regarding remedy and bonding. The ID finds, inter alia, a violation of Section 337 under subsection 337(g)(2) by reason of infringement of the ’048 patent based on substantial, reliable, and probative evidence. 19 U.S.C. 1337(g)(2). The ID also finds a violation by the defaulting respondents and respondent Roboscooters by reason of infringement of the ’640 patent, the ’607 patent, the ’722 design patent, the ’592 design patent, and U.S. Copyright Registration No. TX–7–800–563. No party petitioned for review of the ID. The Commission has determined to review the ID in part and, on review, to clarify that the authority for the ALJ to draw adverse inferences against respondent Roboscooters for its failures to act during the investigation and find Roboscooters in violation is found in Commission Rule 210.17, 19 CFR 210.17. On review, the Commission also corrects certain apparent typographical errors. Specifically, in the last paragraph on page 45, ‘‘Ex. 19’’ should be substituted for ‘‘Ex. 9,’’ the ‘‘FreeGo F3’’ should be substituted for the ‘‘WindRunner G1U.’’ Likewise, we E:\FR\FM\14OCN1.SGM 14OCN1 tkelley on DSK3SPTVN1PROD with NOTICES Federal Register / Vol. 80, No. 198 / Wednesday, October 14, 2015 / Notices substitute ‘‘Focxess’’ for ‘‘Estway’’ in the last paragraph on page 60. See ID at 45; 60. Furthermore, we substitute the clause ‘‘In support of their allegations in the Complaint that the Gen 2 PT vehicles practice claims of the Asserted Utility Patents,’’ for the first clause of the last sentence on page 65 of the ID. See ID at 65–66. In connection with the final disposition of this investigation, 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 either are adversely affecting it or are 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 (Dec. 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 orders 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. If 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. During this period, the subject articles would be entitled to enter the United States under bond, in an amount determined by the Commission and prescribed by the Secretary of the Treasury. The Commission is therefore interested in receiving submissions concerning the amount of the bond that should be imposed if a remedy is ordered. VerDate Sep<11>2014 16:39 Oct 13, 2015 Jkt 238001 Written Submissions: 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. Complainants and the IA are also requested to submit proposed remedial orders for the Commission’s consideration. Complainants are further requested to provide the expiration dates of each of the asserted patents and copyright, and state the HTSUS subheadings under which the accused articles are imported. Complainants are also requested to supply the names of known importers of the infringing articles. The written submissions and proposed remedial orders must be filed no later than the close of business on October 21, 2015. Reply submissions must be filed no later than the close of business on October 28, 2015. Such submissions should address the ALJ’s recommended determinations on remedy and bonding which were made in Order No. 28. No further submissions on these issues will be permitted unless otherwise ordered by the Commission. Persons filing written submissions must file the original document electronically on or before the deadlines stated above and submit 8 true paper copies to the Office of the Secretary by noon the next day pursuant to section 210.4(f) of the Commission’s Rules of Practice and Procedure (19 CFR 210.4(f)). Submissions should refer to the investigation number (‘‘Inv. No. 337–TA–935’’) in a prominent place on the cover page and/or the first page. (See Handbook for Electronic Filing Procedures, http://www.usitc.gov/ secretary/fed_reg_notices/rules/ handbook_on_electronic_filing.pdf). Persons with questions regarding filing should contact the Secretary (202–205– 2000). Any person desiring to submit a document to the Commission in confidence must request confidential treatment. All such requests should be directed to the Secretary to the Commission and must include a full statement of the reasons why the Commission should grant such treatment. See 19 CFR 201.6. Documents for which confidential treatment by the Commission is properly sought will be treated accordingly. A redacted nonconfidential version of the document must also be filed simultaneously with any confidential filing. All nonconfidential written submissions will be available for public inspection at the Office of the Secretary and on EDIS. The authority for the Commission’s determination is contained in section PO 00000 Frm 00054 Fmt 4703 Sfmt 4703 61843 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and in Part 210 of the Commission’s Rules of Practice and Procedure (19 CFR part 210). By order of the Commission. Issued: October 7, 2015. Lisa R. Barton, Secretary to the Commission. [FR Doc. 2015–26048 Filed 10–13–15; 8:45 am] BILLING CODE 7020–02–P DEPARTMENT OF JUSTICE Notice of Proposed Settlement Agreement Under the Comprehensive Environmental Response, Compensation, and Liability Act On September 30, 2015, a fullyexecuted proposed Settlement Agreement was received by the Department of Justice, among the United States on behalf of the U.S. Department of the Interior, U.S. Fish and Wildlife Service (‘‘FWS’’), the State of Ohio, on behalf of the Ohio Environmental Protection Agency (‘‘OEPA’’), and the State of Ohio, on behalf of the Ohio Department of Transportation (‘‘ODOT’’). The Settlement Agreement resolves certain claims by the FWS and OEPA for natural resource damages with respect to a portion of the Ottawa River, primarily located in Lucas County, Ohio, against ODOT. The Settlement Agreement requires ODOT to pay $221,865 to the Department of the Interior’s Natural Resource Damage Assessment and Restoration Fund to be used by the FWS and OEPA, the natural resource trustees (‘‘Trustees’’) for this matter, for the joint benefit and use of the Trustees to pay for Trusteesponsored natural resource restoration efforts. The publication of this notice opens a period for public comment on the proposed Settlement Agreement. Comments should be addressed to the Assistant Attorney General, Environment and Natural Resources Division, and should refer to United States’ Settlement Agreement with State of Ohio Department of Transportation, D.J. Ref. No. 90–11–3–09090/3. All comments must be submitted no later than thirty (30) days after the publication date of this notice. Comments may be submitted either by email or by mail: E:\FR\FM\14OCN1.SGM 14OCN1

Agencies

[Federal Register Volume 80, Number 198 (Wednesday, October 14, 2015)]
[Notices]
[Pages 61842-61843]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-26048]


-----------------------------------------------------------------------

INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-935]


Certain Personal Transporters, Components Thereof, and Manuals 
Therefor; Commission Determination To Review in Part an Initial 
Determination Granting Complainant's Motion for Summary Determination 
of Violation of Section 337 and, on Review, To Modify the Initial 
Determination; Request for Written Submissions on Remedy, the Public 
Interest, and Bonding

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined to review in part an initial determination 
(``ID'') (Order No. 28) of the presiding administrative law judge 
(``ALJ'') granting complainants' motion for summary determination of 
violation of section 337 and, on review, to make certain modifications 
in the ID.

FOR FURTHER INFORMATION CONTACT: Michael Liberman, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street SW., 
Washington, DC 20436, telephone (202) 205-3115. 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 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 
under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337 
(``Section 337''), on November 10, 2014, based on a complaint filed by 
Segway, Inc. of Bedford, New Hampshire (``Segway'') and DEKA Products 
Limited Partnership of Manchester, New Hampshire (``DEKA'') 
(collectively, ``Complainants''). 79 FR 66739-40 (Nov. 10, 2014). The 
amended complaint, as supplemented, alleges violations of Section 337 
by reason of infringement of certain claims of U.S. Patent Nos. 
6,789,640 (``the '640 patent''); 7,275,607 (``the '607 patent''); and 
8,830,048 (``the '048 patent''); the claim of U.S. Design Patent No. 
D551,722 (``the '722 design patent''); the claim of U.S. Design Patent 
No. D551,592 (``the '592 design patent''); and U.S. Copyright 
Registration No. TX-7-800-563 by numerous respondents. Id. In 
particular, the notice of investigation named the following thirteen 
entities as respondents: Ninebot Inc., Ninebot (Tianjin) Technology 
Co., Ltd., and PowerUnion (Beijing) Tech Co. Ltd. (the ``Ninebot 
Respondents''); Robstep Robot Co., Ltd. (``Robstep''); Shenzhen 
INMOTION Technologies Co., Ltd. (``INMOTION''); Tech in the City; and 
Freego USA, LLC (``FreeGo USA'') (collectively, ``Terminated 
Respondents''); UPTECH Robotics Technology Co., Ltd. (``UPTECH''); 
Beijing Universal Pioneering Technology Co., Ltd. (``U.P. 
Technology''); Beijing Universal Pioneering Robotics Co., Ltd. (``U.P. 
Robotics''); FreeGo High-Tech Corporation Limited (``FreeGo China''); 
and EcoBoomer Co. Ltd. (``EcoBoomer'') (collectively, ``Defaulting 
Respondents''); and Roboscooters.com (``Roboscooters''). The 
Commission's Office of Unfair Import Investigations was also named as a 
party.
    In the course of the investigation, the ALJ issued the following 
IDs with respect to the Terminated Respondents: ALJ Order Nos. 13 (Feb. 
19, 2015) (not reviewed Mar. 18, 2015) (terminating respondent FreeGo 
USA by consent order); 19 (May 4, 2015) (not reviewed May 20, 2015) 
(terminating respondent Robstep by settlement); 23 (Jun. 19, 2015) (not 
reviewed Jul. 15, 2015) (terminating respondent INMOTION by 
settlement); 24 (Jul. 8, 2015) (not reviewed Jul. 28, 2015) 
(terminating respondent Tech in the City by consent order); and 27 
(Aug. 20, 2015) (not reviewed Sept. 18, 2015) (terminating the Ninebot 
Respondents by settlement). The ALJ also issued an ID finding all of 
the Defaulting Respondents in default. See ALJ Order No. 20 (May 7, 
2015) (not reviewed May 27, 2015). The sole remaining respondent 
Roboscooters participated in a preliminary teleconference on December 
15, 2014, filed an answer to the complaint and notice of investigation 
(Dec. 31, 2014), partially responded to one set of Requests for 
Document Production, and produced a corporate witness for deposition on 
May 6, 2015, but did not otherwise participate in the investigation.
    On July 8, 2015, Complainants filed a motion for summary 
determination of violation of Section 337 by defaulting respondents and 
respondent Roboscooters. The Commission investigative attorney filed a 
response in support of the motion. No other responses were filed.
    On August 21, 2015, the ALJ issued an ID (Order No. 28) granting 
Complainants' motion and making recommendations regarding remedy and 
bonding. The ID finds, inter alia, a violation of Section 337 under 
subsection 337(g)(2) by reason of infringement of the '048 patent based 
on substantial, reliable, and probative evidence. 19 U.S.C. 1337(g)(2). 
The ID also finds a violation by the defaulting respondents and 
respondent Roboscooters by reason of infringement of the '640 patent, 
the '607 patent, the '722 design patent, the '592 design patent, and 
U.S. Copyright Registration No. TX-7-800-563. No party petitioned for 
review of the ID.
    The Commission has determined to review the ID in part and, on 
review, to clarify that the authority for the ALJ to draw adverse 
inferences against respondent Roboscooters for its failures to act 
during the investigation and find Roboscooters in violation is found in 
Commission Rule 210.17, 19 CFR 210.17. On review, the Commission also 
corrects certain apparent typographical errors. Specifically, in the 
last paragraph on page 45, ``Ex. 19'' should be substituted for ``Ex. 
9,'' the ``FreeGo F3'' should be substituted for the ``WindRunner 
G1U.'' Likewise, we

[[Page 61843]]

substitute ``Focxess'' for ``Estway'' in the last paragraph on page 60. 
See ID at 45; 60. Furthermore, we substitute the clause ``In support of 
their allegations in the Complaint that the Gen 2 PT vehicles practice 
claims of the Asserted Utility Patents,'' for the first clause of the 
last sentence on page 65 of the ID. See ID at 65-66.
    In connection with the final disposition of this investigation, 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 either are adversely affecting it or are 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 
(Dec. 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 orders 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.
    If 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. During this period, the subject 
articles would be entitled to enter the United States under bond, in an 
amount determined by the Commission and prescribed by the Secretary of 
the Treasury. 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: 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. Complainants and the IA are also requested to submit 
proposed remedial orders for the Commission's consideration. 
Complainants are further requested to provide the expiration dates of 
each of the asserted patents and copyright, and state the HTSUS 
subheadings under which the accused articles are imported. Complainants 
are also requested to supply the names of known importers of the 
infringing articles. The written submissions and proposed remedial 
orders must be filed no later than the close of business on October 21, 
2015. Reply submissions must be filed no later than the close of 
business on October 28, 2015. Such submissions should address the ALJ's 
recommended determinations on remedy and bonding which were made in 
Order No. 28. No further submissions on these issues will be permitted 
unless otherwise ordered by the Commission.
    Persons filing written submissions must file the original document 
electronically on or before the deadlines stated above and submit 8 
true paper copies to the Office of the Secretary by noon the next day 
pursuant to section 210.4(f) of the Commission's Rules of Practice and 
Procedure (19 CFR 210.4(f)). Submissions should refer to the 
investigation number (``Inv. No. 337-TA-935'') in a prominent place on 
the cover page and/or the first page. (See Handbook for Electronic 
Filing Procedures, http://www.usitc.gov/secretary/fed_reg_notices/rules/handbook_on_electronic_filing.pdf). Persons with questions 
regarding filing should contact the Secretary (202-205-2000).
    Any person desiring to submit a document to the Commission in 
confidence must request confidential treatment. All such requests 
should be directed to the Secretary to the Commission and must include 
a full statement of the reasons why the Commission should grant such 
treatment. See 19 CFR 201.6. Documents for which confidential treatment 
by the Commission is properly sought will be treated accordingly. A 
redacted non-confidential version of the document must also be filed 
simultaneously with any confidential filing. All non-confidential 
written submissions will be available for public inspection at the 
Office of the Secretary and on EDIS.
    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 Part 210 of the Commission's Rules of Practice and Procedure (19 CFR 
part 210).

    By order of the Commission.
    Issued: October 7, 2015.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2015-26048 Filed 10-13-15; 8:45 am]
BILLING CODE 7020-02-P