Certain Robotic Vacuum Cleaning Devices and Components Thereof Such as Spare Parts; Notice of Institution of Formal Enforcement Proceeding, 12002-12003 [2019-06044]

Download as PDF 12002 Federal Register / Vol. 84, No. 61 / Friday, March 29, 2019 / Notices INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–1139] Certain Electronic Nicotine Delivery Systems and Components Thereof; Notice of Commission Decision Not To Review an Initial Determination Granting Complainant’s Motion To Amend the Complaint and Notice of Investigation U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that the U.S. International Trade Commission has determined not to review an initial determination (‘‘ID’’) (Order No. 8) of the presiding administrative law judge (‘‘ALJ’’) granting Complainant’s motion to amend the complaint and notice of investigation (‘‘NOI’’). FOR FURTHER INFORMATION CONTACT: Houda Morad, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone (202) 708–4716. 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: On December 13, 2018, the Commission instituted this investigation under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337 (‘‘section 337’’), based on a complaint filed by Juul Labs, Inc. of San Francisco, California (‘‘Complainant’’). See 83 FR 64156–57 (Dec. 13, 2018). The complaint, as amended and supplemented, alleges a violation of section 337 based upon the importation into the United States, the sale for importation, and the sale within the United States after importation of certain electronic nicotine delivery systems and components thereof by reason of infringement of certain claims jbell on DSK30RV082PROD with NOTICES SUMMARY: VerDate Sep<11>2014 17:48 Mar 28, 2019 Jkt 247001 of U.S. Patent No. 10,070,669; U.S. Patent No. 10,076,139; U.S. Patent No. 10,045,568; U.S. Patent No. 10,058,130; and U.S. Patent No. 10,104,915. See id. The notice of investigation named the following respondents: J Well France S.A.S. of Paris, France; Bo Vaping of Garden City, New York; MMS Distribution LLC of Rock Hill, New York; The Electric Tobacconist, LLC of Boulder, Colorado; Vapor 4 Life Holdings, Inc. of Northbrook, Illinois; Eonsmoke, LLC of Clifton, New Jersey; ZLab S.A. of Punta del Este, Uruguay; Ziip Lab Co., Limited of Shenzhen City, China; Shenzhen Yibo Technology Co., Ltd. of Shenzhen City, China; XFire, Inc. of Stafford, Texas; ALD Group Limited of Shenzhen City, China; Flair Vapor LLC of South Plainfield, New Jersey; Shenzhen Joecig Technology Co., Ltd. of Shenzhen City, China; Myle Vape Inc. of Jamaica, New York; Vapor Hub International, Inc. of Simi Valley, California; Limitless Mod Co. of Simi Valley, California; Asher Dynamics, Inc. of Chino, California; Ply Rock of Chino, California; Infinite-N Technology Limited of Shenzhen City, China; King Distribution LLC of Elmwood Park, New Jersey; and Keep Vapor Electronic Tech. Co., Ltd. of Shenzhen, China. See id. The Office of Unfair Import Investigations (‘‘OUII’’) is also a party to the investigation. See id. On February 1, 2019, Complainant filed a motion to amend the complaint and NOI to: (1) Change the name of respondent ‘‘Bo Vaping’’ to ‘‘ECVD/ MMS Wholesale LLC,’’ and (2) substitute for respondent ‘‘MMS Distribution LLC,’’ the correct entity, which is ‘‘MMS/ECVD LLC.’’ On February 25, 2019, the ALJ issued the subject ID (Order No. 8) granting the motion. See id. at 3. The ID finds that ‘‘good cause exists to amend the complaint and notice of investigation to conform to the correct information,’’ under Commission Rule 210.14(b), 19 CFR 210.14(b). See id. The ID further finds that ‘‘this amendment would not prejudice the public interest or the rights of the parties to the investigation.’’ See id. No petition for review of the subject ID was filed. The Commission has determined not to review the ID. 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. PO 00000 Frm 00077 Fmt 4703 Sfmt 4703 Issued: March 25, 2019. Katherine Hiner, Acting Secretary to the Commission. [FR Doc. 2019–06047 Filed 3–28–19; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–1057; Enforcement Proceeding] Certain Robotic Vacuum Cleaning Devices and Components Thereof Such as Spare Parts; Notice of Institution of Formal Enforcement Proceeding U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that the U.S. International Trade Commission has instituted a formal enforcement proceeding related to cease and desist orders issued in the abovecaptioned investigation. FOR FURTHER INFORMATION CONTACT: Robert Needham, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone (202) 708–5468. 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 (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 an investigation on May 23, 2017, based on a complaint filed by iRobot Corporation of Bedford, Massachusetts (‘‘iRobot’’). 82 FR 23593– 94. The complaint, as supplemented, alleged violations of section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, in the importation into the United States, the sale for importation, and the sale within the United States after importation of certain robotic vacuum cleaning devices and components thereof such as spare parts that infringe certain claims of, inter alia, SUMMARY: E:\FR\FM\29MRN1.SGM 29MRN1 jbell on DSK30RV082PROD with NOTICES Federal Register / Vol. 84, No. 61 / Friday, March 29, 2019 / Notices U.S. Patent No. 9,038,233 (‘‘the ’233 patent’’). Id. The Commission’s notice of investigation named as a respondent, inter alia, Shenzhen Silver Star Intelligent Technology Co., Ltd., of Shenzhen, China (‘‘Silver Star’’) and bObsweep USA of Henderson, Nevada and bObsweep, Inc. of Toronto, Canada (together, ‘‘bObsweep’’). Id. at 23593. The Office of Unfair Import Investigations did not participate in the investigation. Id. On November 30, 2018, the Commission found, inter alia, that Silver Star and bObsweep violated section 337 with respect to the ’233 patent, and issued a limited exclusion order (‘‘LEO’’) against, inter alia, Silver Star with respect to claims 1, 10, 11, and 14–16 of the ’233 patent. 83 FR 63186– 87. The Commission also issued cease and desist orders (‘‘CDOs’’) against Silver Star’s customer bObsweep regarding those same claims. Id. On January 30, 2019, Silver Star filed a request for an advisory opinion that eight of its products do not violate the LEO and CDOs. On February 11, 2019, iRobot opposed the advisory opinion request on numerous grounds. On March 15, 2019, the Commission determined to institute an advisory opinion proceeding and delegated the proceeding to an administrative law judge. On February 21, 2019, iRobot filed a complaint requesting that the Commission institute a formal enforcement proceeding under Commission Rule 210.75(b) to investigate alleged violations of the CDOs by bObsweep. On March 5, 2019, bObsweep filed a letter opposing the institution of a formal enforcement proceeding. Having examined the enforcement complaint and the supporting documents, as well as the letter, the Commission has determined to institute a formal enforcement proceeding to determine whether bObsweep is in violation of the CDOs issued in the original investigation and what, if any, enforcement measures are appropriate. The following entities are named as parties to the formal enforcement proceeding: (1) Complainant iRobot; (2) respondent Silver Star; and (3) the Office of Unfair Import Investigations. The Commission has further determined to consolidate the enforcement proceeding with the advisory opinion proceeding. 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 VerDate Sep<11>2014 17:48 Mar 28, 2019 Jkt 247001 Practice and Procedure (19 CFR part 210). By order of the Commission. Issued: March 25, 2019. Katherine Hiner, Acting Secretary to the Commission. [FR Doc. 2019–06044 Filed 3–28–19; 8:45 am] BILLING CODE 7020–02–P DEPARTMENT OF LABOR Employment and Training Administration Agency Information Collection Activities; Comment Request; Trade Adjustment Assistance Program Reserve Funding Request ACTION: INTERNATIONAL TRADE COMMISSION Rubber Bands From Thailand; Termination of Investigation United States International Trade Commission. ACTION: Notice. AGENCY: On March 7, 2019, the Department of Commerce published notice in the Federal Register of a final negative determination regarding the subsidization of imports of rubber bands by the government of Thailand (84 FR 8302). Accordingly, the countervailing duty investigation concerning rubber bands from Thailand (Investigation No. 701–TA–600 (Final)) is terminated. DATES: March 7, 2019. FOR FURTHER INFORMATION CONTACT: Christopher W. Robinson (202–205– 2542), Office of Investigations, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. Hearing-impaired individuals are advised that information on this matter can be obtained by contacting the Commission’s TDD terminal on 202– 205–1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at 202–205–2000. General information concerning the Commission may also be obtained by accessing its internet server (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. SUMMARY: Authority: This investigation is being terminated under authority of title VII of the Tariff Act of 1930 and pursuant to section 207.40(a) of the Commission’s Rules of Practice and Procedure (19 CFR 207.40(a)). This notice is published pursuant to section 201.10 of the Commission’s rules (19 CFR 201.10). By order of the Commission. Issued: March 11, 2019. Katherine Hiner, Acting Secretary to the Commission. [FR Doc. 2019–06066 Filed 3–28–19; 8:45 am] PO 00000 Frm 00078 Fmt 4703 Sfmt 4703 Notice. The Department of Labor’s (DOL’s) Employment and Training Administration (ETA) is soliciting comments concerning a proposed revision for the authority to conduct the information collection request (ICR) titled, ‘‘Trade Adjustment Assistance Program Reserve Funding Request.’’ This comment request is part of continuing Departmental efforts to reduce paperwork and respondent burden in accordance with the Paperwork Reduction Act of 1995 (PRA). SUMMARY: [Investigation No. 701–TA–600 (Final)] BILLING CODE 7020–02–P 12003 Consideration will be given to all written comments received by May 28, 2019. ADDRESSES: A copy of this ICR with applicable supporting documentation, including a description of the likely respondents, proposed frequency of response, and estimated total burden may be obtained free by contacting Timothy Theberge, by telephone at (202) 693–3401 (this is not a toll-free number), TTY/TDD toll-free Federal Information Relay Service at 1–877– 889–5627, or by email at theberge.timothy@dol.gov. Submit written comments about, or requests for a copy of, this ICR by mail or courier to the U.S. Department of Labor, Employment and Training Administration, Office of Trade Adjustment Assistance, 200 Constitution Avenue, NW, Room N– 5428, Washington, DC 20210; by email: regulations.taa@dol.gov; or by Fax (202) 693–3584. FOR FURTHER INFORMATION CONTACT: Timothy Theberge by telephone at (202) 693–3401 (this is not a toll-free number) or by email at theberge.timothy@dol.gov. DATES: Authority: 44 U.S.C. 3506(c)(2)(A). DOL, as part of continuing efforts to reduce paperwork and respondent burden, conducts a pre-clearance consultation program to provide the general public and Federal agencies an opportunity to comment on proposed and/or continuing collections of information before submitting them to the Office of Management and Budget (OMB) for final approval. This form helps to ensure requested data can be provided in the SUPPLEMENTARY INFORMATION: E:\FR\FM\29MRN1.SGM 29MRN1

Agencies

[Federal Register Volume 84, Number 61 (Friday, March 29, 2019)]
[Notices]
[Pages 12002-12003]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-06044]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1057; Enforcement Proceeding]


Certain Robotic Vacuum Cleaning Devices and Components Thereof 
Such as Spare Parts; Notice of Institution of Formal Enforcement 
Proceeding

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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

SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has instituted a formal enforcement proceeding related to 
cease and desist orders issued in the above-captioned investigation.

FOR FURTHER INFORMATION CONTACT: Robert Needham, Office of the General 
Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone (202) 708-5468. 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 (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 an investigation 
on May 23, 2017, based on a complaint filed by iRobot Corporation of 
Bedford, Massachusetts (``iRobot''). 82 FR 23593-94. The complaint, as 
supplemented, alleged violations of section 337 of the Tariff Act of 
1930, as amended, 19 U.S.C. 1337, in the importation into the United 
States, the sale for importation, and the sale within the United States 
after importation of certain robotic vacuum cleaning devices and 
components thereof such as spare parts that infringe certain claims of, 
inter alia,

[[Page 12003]]

U.S. Patent No. 9,038,233 (``the '233 patent''). Id. The Commission's 
notice of investigation named as a respondent, inter alia, Shenzhen 
Silver Star Intelligent Technology Co., Ltd., of Shenzhen, China 
(``Silver Star'') and bObsweep USA of Henderson, Nevada and bObsweep, 
Inc. of Toronto, Canada (together, ``bObsweep''). Id. at 23593. The 
Office of Unfair Import Investigations did not participate in the 
investigation. Id.
    On November 30, 2018, the Commission found, inter alia, that Silver 
Star and bObsweep violated section 337 with respect to the '233 patent, 
and issued a limited exclusion order (``LEO'') against, inter alia, 
Silver Star with respect to claims 1, 10, 11, and 14-16 of the '233 
patent. 83 FR 63186-87. The Commission also issued cease and desist 
orders (``CDOs'') against Silver Star's customer bObsweep regarding 
those same claims. Id.
    On January 30, 2019, Silver Star filed a request for an advisory 
opinion that eight of its products do not violate the LEO and CDOs. On 
February 11, 2019, iRobot opposed the advisory opinion request on 
numerous grounds. On March 15, 2019, the Commission determined to 
institute an advisory opinion proceeding and delegated the proceeding 
to an administrative law judge.
    On February 21, 2019, iRobot filed a complaint requesting that the 
Commission institute a formal enforcement proceeding under Commission 
Rule 210.75(b) to investigate alleged violations of the CDOs by 
bObsweep. On March 5, 2019, bObsweep filed a letter opposing the 
institution of a formal enforcement proceeding.
    Having examined the enforcement complaint and the supporting 
documents, as well as the letter, the Commission has determined to 
institute a formal enforcement proceeding to determine whether bObsweep 
is in violation of the CDOs issued in the original investigation and 
what, if any, enforcement measures are appropriate. The following 
entities are named as parties to the formal enforcement proceeding: (1) 
Complainant iRobot; (2) respondent Silver Star; and (3) the Office of 
Unfair Import Investigations. The Commission has further determined to 
consolidate the enforcement proceeding with the advisory opinion 
proceeding.
    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 25, 2019.
Katherine Hiner,
Acting Secretary to the Commission.
[FR Doc. 2019-06044 Filed 3-28-19; 8:45 am]
 BILLING CODE 7020-02-P
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