Certain Personal Transporters, Components Thereof, and Manuals Therefor; Issuance of a General Exclusion Order, a Limited Exclusion Order, and a Cease and Desist Order, Termination of Investigation, 14129-14130 [2016-05887]

Download as PDF Federal Register / Vol. 81, No. 51 / Wednesday, March 16, 2016 / Notices Commission and Commerce, alleging that an industry in the United States is materially injured or threatened with material injury by reason of subsidized and LTFV imports of certain amorphous silica fabric from China. Accordingly, effective January 20, 2016, the Commission, pursuant to sections 703(a) and 733(a) of the Act (19 U.S.C. 1671b(a) and 1673b(a)), instituted countervailing duty investigation No. 701–TA–555 and antidumping duty investigation No. 731–TA–1310 (Preliminary). Notice of the institution of the Commission’s investigations and of a public conference to be held in connection therewith was given by posting copies of the notice in the Office of the Secretary, U.S. International Trade Commission, Washington, DC, and by publishing the notice in the Federal Register of January 26, 2016 (81 FR 4335). The conference was held in Washington, DC, on February 10, 2016, and all persons who requested the opportunity were permitted to appear in person or by counsel. The Commission made these determinations pursuant to sections 703(a) and 733(a) of the Act (19 U.S.C. 1671b(a) and 1673b(a)). It completed and filed its determinations in these investigations on March 7, 2016. The views of the Commission are contained in USITC Publication 4598 (March 2016), entitled Certain Amorphous Silica Fabric from China: Investigation Nos. 701 TA–555 and 731–TA–1310 (Preliminary). By order of the Commission. Issued: March 11, 2016. Lisa R. Barton, Secretary to the Commission. [FR Doc. 2016–05888 Filed 3–15–16; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–935] mstockstill on DSK4VPTVN1PROD with NOTICES Certain Personal Transporters, Components Thereof, and Manuals Therefor; Issuance of a General Exclusion Order, a Limited Exclusion Order, and a Cease and Desist Order, Termination of Investigation U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that the U.S. International Trade Commission has determined to issue: (1) A general exclusion order (‘‘GEO’’) barring the unlicensed entry of certain SUMMARY: VerDate Sep<11>2014 18:11 Mar 15, 2016 Jkt 238001 personal transporters that infringe one patent asserted in this investigation; (2) a limited exclusion order (‘‘LEO’’) prohibiting the unlicensed entry of infringing personal transporters, components thereof, and manuals therefor manufactured abroad by or on behalf of certain respondents that are covered by one or more asserted U.S. patents and copyright; and (2) a cease and desist order (‘‘CDO’’) directed against one domestic defaulting respondent. The Commission has terminated this investigation. 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 (‘‘the Asserted Copyright’’) 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 PO 00000 Frm 00051 Fmt 4703 Sfmt 4703 14129 ‘‘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 (i.e., U.P. Robotics, U.P. Technology, UPTECH, FreeGo China, and EcoBoomer), and respondent Roboscooters. The IA filed a response in support of the motion on July 23, 2015. No respondent filed a response to the motion. On August 21, 2015, the ALJ issued an ID (order No. 28) granting Complainants’ motion. No party petitioned for review of the ID. On October 7, 2015, the Commission issued a Notice (‘‘Commission Notice’’). The Commission determined to affirm E:\FR\FM\16MRN1.SGM 16MRN1 mstockstill on DSK4VPTVN1PROD with NOTICES 14130 Federal Register / Vol. 81, No. 51 / Wednesday, March 16, 2016 / Notices the ALJ’s finding of a violation of section 337. The Commission also determined to review the August 21 ID in part. On review, the Commission determined, inter alia, 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, and corrected certain apparent typographical errors in the ID. See 80 FR 61842–43 (Oct. 14, 2015). The Commission requested written submissions on remedy, public interest, and bonding. See id. at 61843. Complainants and the IA timely filed their submissions pursuant to the Commission Notice. No other parties filed any submissions in response to the Commission Notice. Having reviewed the submissions filed in response to the Commission’s Notice and the evidentiary record, the Commission has determined that the appropriate form of relief in this investigation is: (a) A GEO prohibiting the unlicensed importation of certain personal transporters covered by claims 1, 2 and 4–7 of the ’048 patent; (b) an LEO prohibiting the unlicensed entry of infringing (i) personal transporters, components thereof, and manuals therefor that are covered by one or more of claims 1 and 4 of the ’640 patent manufactured abroad by or on behalf of, or imported by or on behalf of, the respondents UPTECH, U.P. Technology, U.P. Robotics, FreeGo China, EcoBoomer, and Roboscooters or any of their affiliated companies, parents, subsidiaries, or other related business entities, or their successors or assigns; (ii) personal transporters, components thereof, and manuals therefor that are covered by one or more of claims 1, 3, and 7 of the ’607 patent manufactured abroad by or on behalf of, or imported by or on behalf of, the respondents UPTECH, U.P. Technology, U.P. Robotics, FreeGo China, EcoBoomer, and Roboscooters or any of their affiliated companies, parents, subsidiaries, or other related business entities, or their successors or assigns; (iii) personal transporters, components thereof, and manuals therefor that are covered by the claim of the ’722 design patent manufactured abroad by or on behalf of, or imported by or on behalf of, U.P. Robotics, U.P. Technology, or UPTECH, or any of their affiliated companies, parents, subsidiaries, or other related business entities, or their successors or assigns; (iv) personal transporters, components thereof, and manuals therefor that are covered by the VerDate Sep<11>2014 18:11 Mar 15, 2016 Jkt 238001 claim of the ’592 design patent manufactured abroad by or on behalf of, or imported by or on behalf of, U.P. Robotics, U.P. Technology, UPTECH, FreeGo China, or Roboscooters, or any of their affiliated companies, parents, subsidiaries, or other related business entities, or their successors or assigns; (v) personal transporters, components thereof, and manuals therefor that are covered by the Asserted Copyright manufactured abroad by or on behalf of, or imported by or on behalf of, U.P. Robotics, U.P. Technology, or UPTECH, or any of their affiliated companies, parents, subsidiaries, or other related business entities, or their successors or assigns; and (c) a CDO directed against respondent Ecoboomer. The Commission has further determined that the public interest factors enumerated in subsections (d)(l), (d)(2), and (f)(1) (19 U.S.C. 1337(d)(l), (d)(2), (f)(1)) do not preclude issuance of the above-referenced remedial orders. Additionally, the Commission has determined that a bond in the amount of one hundred (100) percent of the entered value is required to permit temporary importation of the articles in question during the period of Presidential review (19 U.S.C. 1337(j)). The Commission has also issued an opinion explaining the basis for the Commission’s action. The investigation is terminated. The Commission’s orders and the record upon which it based its determination were delivered to the President and to the United States Trade Representative on the day of their issuance. The Commission has also notified the Secretary of the Treasury of the orders. 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: March 10, 2016. Court for the District of Maryland in the lawsuit entitled United States v. Westvaco Corporation, Civil Action No. 00–2602. Until May 2005, Westvaco owned and operated an integrated pulp and paper mill in Western Maryland known as the Luke Mill. The complaint filed by the United States alleges inter alia that Westvaco violated the Clean Air Act’s Prevention of Significant Deterioration (‘‘PSD’’) regulations by making a ‘‘major modification’’ to the Luke Mill without first obtaining a PSD permit and without installing and operating Best Available Control Technology (‘‘BACT’’) to control emissions of sulfur dioxide from the mill’s No. 25 power boiler. The United States’ claim for civil penalties was dismissed as time barred. The United States’ claim for injunctive relief, in the form of BACT on the No. 25 power boiler, was denied because Westvaco no longer owns or operates the Luke Mill. The consent decree requires the defendant to pay $1.6 million, split equally between the National Park Service and the U.S. Forest Service, to be used to implement projects in Shenandoah National Park and the Monongahela National Forest to mitigate the adverse effects of acidic deposition. The publication of this notice opens a period for public comment on the consent decree. Comments should be addressed to the Assistant Attorney General, Environment and Natural Resources Division, and should refer to United States v. Westvaco Corporation, D.J. Ref. No. 90–5–2–1–06444. 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: To submit comments: Send them to: By email ....... pubcomment-ees.enrd@ usdoj.gov Assistant Attorney General, U.S. DOJ—ENRD, P.O. Box 7611, Washington, DC 20044–7611. By mail ......... Lisa R. Barton, Secretary to the Commission. [FR Doc. 2016–05887 Filed 3–15–16; 8:45 am] BILLING CODE 7020–02–P DEPARTMENT OF JUSTICE Notice of Lodging of Proposed Consent Decree Under the Clean Air Act On March 10, 2016, the Department of Justice lodged a proposed consent decree with the United States District PO 00000 Frm 00052 Fmt 4703 Sfmt 4703 During the public comment period, the consent decree may be examined and downloaded at this Justice Department Web site: https:// www.justice.gov/enrd/consent-decrees. We will provide a paper copy of the consent decree upon written request and payment of reproduction costs. Please mail your request and payment to: Consent Decree Library, U.S. DOJ— ENRD, P.O. Box 7611, Washington, DC 20044–7611. E:\FR\FM\16MRN1.SGM 16MRN1

Agencies

[Federal Register Volume 81, Number 51 (Wednesday, March 16, 2016)]
[Notices]
[Pages 14129-14130]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-05887]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-935]


Certain Personal Transporters, Components Thereof, and Manuals 
Therefor; Issuance of a General Exclusion Order, a Limited Exclusion 
Order, and a Cease and Desist Order, Termination of Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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

SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined to issue: (1) A general exclusion order 
(``GEO'') barring the unlicensed entry of certain personal transporters 
that infringe one patent asserted in this investigation; (2) a limited 
exclusion order (``LEO'') prohibiting the unlicensed entry of 
infringing personal transporters, components thereof, and manuals 
therefor manufactured abroad by or on behalf of certain respondents 
that are covered by one or more asserted U.S. patents and copyright; 
and (2) a cease and desist order (``CDO'') directed against one 
domestic defaulting respondent. The Commission has terminated this 
investigation.

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 (``the Asserted Copyright'') 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 
(i.e., U.P. Robotics, U.P. Technology, UPTECH, FreeGo China, and 
EcoBoomer), and respondent Roboscooters. The IA filed a response in 
support of the motion on July 23, 2015. No respondent filed a response 
to the motion.
    On August 21, 2015, the ALJ issued an ID (order No. 28) granting 
Complainants' motion. No party petitioned for review of the ID.
    On October 7, 2015, the Commission issued a Notice (``Commission 
Notice''). The Commission determined to affirm

[[Page 14130]]

the ALJ's finding of a violation of section 337. The Commission also 
determined to review the August 21 ID in part. On review, the 
Commission determined, inter alia, 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, and 
corrected certain apparent typographical errors in the ID. See 80 FR 
61842-43 (Oct. 14, 2015). The Commission requested written submissions 
on remedy, public interest, and bonding. See id. at 61843. Complainants 
and the IA timely filed their submissions pursuant to the Commission 
Notice. No other parties filed any submissions in response to the 
Commission Notice.
    Having reviewed the submissions filed in response to the 
Commission's Notice and the evidentiary record, the Commission has 
determined that the appropriate form of relief in this investigation 
is: (a) A GEO prohibiting the unlicensed importation of certain 
personal transporters covered by claims 1, 2 and 4-7 of the '048 
patent; (b) an LEO prohibiting the unlicensed entry of infringing (i) 
personal transporters, components thereof, and manuals therefor that 
are covered by one or more of claims 1 and 4 of the '640 patent 
manufactured abroad by or on behalf of, or imported by or on behalf of, 
the respondents UPTECH, U.P. Technology, U.P. Robotics, FreeGo China, 
EcoBoomer, and Roboscooters or any of their affiliated companies, 
parents, subsidiaries, or other related business entities, or their 
successors or assigns; (ii) personal transporters, components thereof, 
and manuals therefor that are covered by one or more of claims 1, 3, 
and 7 of the '607 patent manufactured abroad by or on behalf of, or 
imported by or on behalf of, the respondents UPTECH, U.P. Technology, 
U.P. Robotics, FreeGo China, EcoBoomer, and Roboscooters or any of 
their affiliated companies, parents, subsidiaries, or other related 
business entities, or their successors or assigns; (iii) personal 
transporters, components thereof, and manuals therefor that are covered 
by the claim of the '722 design patent manufactured abroad by or on 
behalf of, or imported by or on behalf of, U.P. Robotics, U.P. 
Technology, or UPTECH, or any of their affiliated companies, parents, 
subsidiaries, or other related business entities, or their successors 
or assigns; (iv) personal transporters, components thereof, and manuals 
therefor that are covered by the claim of the '592 design patent 
manufactured abroad by or on behalf of, or imported by or on behalf of, 
U.P. Robotics, U.P. Technology, UPTECH, FreeGo China, or Roboscooters, 
or any of their affiliated companies, parents, subsidiaries, or other 
related business entities, or their successors or assigns; (v) personal 
transporters, components thereof, and manuals therefor that are covered 
by the Asserted Copyright manufactured abroad by or on behalf of, or 
imported by or on behalf of, U.P. Robotics, U.P. Technology, or UPTECH, 
or any of their affiliated companies, parents, subsidiaries, or other 
related business entities, or their successors or assigns; and (c) a 
CDO directed against respondent Ecoboomer.
    The Commission has further determined that the public interest 
factors enumerated in subsections (d)(l), (d)(2), and (f)(1) (19 U.S.C. 
1337(d)(l), (d)(2), (f)(1)) do not preclude issuance of the above-
referenced remedial orders. Additionally, the Commission has determined 
that a bond in the amount of one hundred (100) percent of the entered 
value is required to permit temporary importation of the articles in 
question during the period of Presidential review (19 U.S.C. 1337(j)). 
The Commission has also issued an opinion explaining the basis for the 
Commission's action. The investigation is terminated.
    The Commission's orders and the record upon which it based its 
determination were delivered to the President and to the United States 
Trade Representative on the day of their issuance. The Commission has 
also notified the Secretary of the Treasury of the orders.
    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: March 10, 2016.

Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2016-05887 Filed 3-15-16; 8:45 am]
 BILLING CODE 7020-02-P