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]
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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:
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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 https://www.usitc.gov.
The public record for this investigation
may be viewed on the Commission’s
electronic docket (EDIS) at https://
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
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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
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18:11 Mar 15, 2016
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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.
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[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]
-----------------------------------------------------------------------
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 https://www.usitc.gov. The public record for this investigation may be viewed
on the Commission's electronic docket (EDIS) at https://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
