Certain Mounting Apparatuses for Holding Portable Electronic Devices and Components Thereof; Notice of a Commission Determination Not To Review a Remand Initial Determination Finding a Violation of Section 337; Request for Written Submissions on Remedy, Bonding, and the Public Interest; and Extension of the Target Date for Completion of the Investigation, 22162-22164 [2019-10112]

Download as PDF khammond on DSKBBV9HB2PROD with NOTICES 22162 Federal Register / Vol. 84, No. 95 / Thursday, May 16, 2019 / Notices Changzhou Jinuo Decorative Material Co., Ltd, No. 4 Cuili Road, Henglin, Changzhou, Jiangsu 213103, China Changzhou Marco Merit International Solutions Co., Room 1405, Haoyuan Building, No. 266 Tongjiang Middle Road, Xinbei, Changzhou, Jiangsu 213022, China Changzhou Runchang Wood Co., Ltd., 5 Bangshang Road, Cuiqiao North Industrial Zone, Henglin, Changzhou, Jiangsu 213103, China Christina & Son Inc., 4359 Temple City Blvd., Temple City, CA 91780, Telephone: (626) 448–4088 Chungstine Inc. d/b/a Expert Hardwood Flooring, 451 Kettering Drive, Ontario, CA 91761 Davati Group LLC, 6000 S Congress Ave., Suite 101, Austin, TX 78745, Telephone: (512) 371–6096 DeSoto Sales, Inc., 20945 Osborne St., Canoga Park, CA 91304, Telephone: (800) 826–9779 Global Wood Inc., 1180 Centre Drive, Suite A, Walnut, CA 91789, Telephone: (909) 598–8538 Go-Higher Trading (Jiangsu) Co., Ltd., No. 5–1001 Changfa Commercial Plaza, Xinbei, Changzhou, Jiangsu 213000, China Golden Tree Import & Export Inc., 4359 Temple City Blvd., Temple City, CA 91780, Telephone: (626) 448–4489 Halstead New England Corp., 15 Oakwood Avenue, Norwalk, CT 06850, Telephone: (202) 299–3100 Hangzhou Kingdom Import & Export Trading Co. Ltd., 10F, Suite D, Building 8, New Territory Westport, No. 206 Zhenhua Road, Hangzhou 310030, China IN.id Corp., 23545 Palomino Drive #135, Diamond Bar, CA 91765 JC Int’l Trading, Inc., 1140 Centre Dr., Unit W, City of Industry, CA 91789, Telephone: (909) 594–3333 Jiangsu Divine Building Technology Development Co. Ltd., No. 27 CuiRong Road, Shuangrong, Henglin, Wujin, Changzhou Jiangsu 213103, China Jiangsu Lejia Plastic Co. Ltd., Shuang Rong, Henglin, Changzhou, Jiangsu 213103, China JiangSu Licheer Wood Co., Ltd., 10 Ying Bing Road, Cuibei, Henglin, Wujin, Changzhou, Jiangsu 213103, China JiangSu TongSheng Decorative Materials Co., Ltd., No. 2 Chuangsheng Road, Luoyang Industrial Zone, Wujin, Changzhou, Jiangsu 213000, China Jkgy Inc. d/b/a Nextar Trading, 220 Mason Way, City of Industry, CA 91745–2329, Telephone: (626) 581– 4790 KJ Carpet Wholesale, Inc., 1614 South Reservoir Street, Pomona, CA 91766, Telephone: (909) 455–0190 VerDate Sep<11>2014 17:22 May 15, 2019 Jkt 247001 Maxwell Flooring Distribution LLC, 1075 West Sam Houston Pkwy North, Suite 216, Houston, TX 77043, Telephone: (713) 973–2288 Metroflor Corp., 15 Oakwood Avenue, Norwalk, CT 06850, Telephone: (866) 882–4408 Mountain High Corp., 2537 Durfee Ave., El Monte, CA 91732, Telephone: (626) 288–7333 Mr. Hardwood Inc., 4260 Industrial Center Ln NW #100, Acworth, GA 30101, Telephone: (678) 935–6677 National Coverings, LLC, 2952 NW 60th St., Ft. Lauderdale, FL 33309, Telephone: (800) 498–1750 Nextar Wholesale, 1201 S. Jellick Avenue, City of Industry, CA 91745 Northann Distribution Center Inc., 7495 Resee Road, Sacramento, CA 95828, Telephone: (916) 682–7476 Pentamax Inc., 2410 South Sierra Drive, Compton, CA 90220 RBT Industries LLC d/b/a Hardwood Bargains, 1340 Airport Commerce Drive, Suite 425, Austin, TX 78741, Telephone: (844) 746–0744 RC Vinyl Inc., 1140 Centre Dr., Unit W, City of Industry, CA 91789, Telephone: (909) 594–3333 Royal Family Inc., 4359 Temple City Blvd., Temple City, CA 91780, Telephone: (626) 448–4088 Sam Houston Hardwood Inc., 1075 W Sam Houston Pkwy. North, Suite 204, Houston, TX 77043 Zhejiang Changxing Senda Bamboo and Wood Products Co. Ltd., Bai Xian Industrial Park, Changxing, Huzhou 313100 Zhejiang, China Zhangjiagang Elegant Home-Tech Co. Ltd, Hexing Civil Industrial Zone, Zhangjiagang, Jiangsu 215626, China Zhangjiagang Elegant Plastics Co. Ltd., Hexing Civil Industrial Zone, Zhangjiagang, Jiangsu 215616, China Zhangjiagang Yihua Plastics Co., Ltd, 88 Fuxing Road, Zhangjiagang, Jiangsu 215600, China Zhangjiagang Yihua Rundong New Material Co. Ltd, Yangshe Town Industry Development Area, Zhangjiagang, Jiangsu 215600, China Zhejiang Kimay Building Material Technology Co., Ltd., No. 380 Haifeng Road, Building 3, Haichang, Haining, Jiaxing, Zhejiang 314300, China Zhejiang Kingdom Flooring Plastic Co., Ltd., 38 Desheng Road, Heshan, Tongxiang, Zhejiang 314512, China Zhejiang Walrus New Material Co., Ltd., No. 380 Haifeng Road, Building 3, Haichang, Haining, Jiaxing, Zhejiang 314300, China (c) The Office of Unfair Import Investigations, U.S. International Trade Commission, 500 E Street SW, Suite 401, Washington, DC 20436; and PO 00000 Frm 00058 Fmt 4703 Sfmt 4703 (4) For the investigation so instituted, the Chief Administrative Law Judge, U.S. International Trade Commission, shall designate the presiding Administrative Law Judge. Responses to the complaint and the notice of investigation must be submitted by the named respondents in accordance with section 210.13 of the Commission’s Rules of Practice and Procedure, 19 CFR 210.13. Pursuant to 19 CFR 201.16(e) and 210.13(a), such responses will be considered by the Commission if received not later than 20 days after the date of service by the Commission of the complaint and the notice of investigation. Extensions of time for submitting responses to the complaint and the notice of investigation will not be granted unless good cause therefor is shown. Failure of a respondent to file a timely response to each allegation in the complaint and in this notice may be deemed to constitute a waiver of the right to appear and contest the allegations of the complaint and this notice, and to authorize the Administrative Law Judge and the Commission, without further notice to the respondent, to find the facts to be as alleged in the complaint and this notice and to enter an initial determination and a final determination containing such findings, and may result in the issuance of an exclusion order or a cease and desist order or both directed against the respondent. By order of the Commission. Issued: May 10, 2019. Katherine Hiner, Secretary to the Commission. [FR Doc. 2019–10111 Filed 5–15–19; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–1086] Certain Mounting Apparatuses for Holding Portable Electronic Devices and Components Thereof; Notice of a Commission Determination Not To Review a Remand Initial Determination Finding a Violation of Section 337; Request for Written Submissions on Remedy, Bonding, and the Public Interest; and Extension of the Target Date for Completion of the Investigation U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that the U.S. International Trade SUMMARY: E:\FR\FM\16MYN1.SGM 16MYN1 khammond on DSKBBV9HB2PROD with NOTICES Federal Register / Vol. 84, No. 95 / Thursday, May 16, 2019 / Notices Commission has determined not to review a remand initial determination (‘‘RID’’) (Order No. 16) of the chief administrative law judge (‘‘ALJ’’), finding a violation of section 337 with respect to U.S. Patent No. 8,544,161 (‘‘the ’161 patent’’). The Commission is requesting written submissions on remedy, bonding, and the public interest and has extended the target date for completion of the investigation to June 13, 2019. FOR FURTHER INFORMATION CONTACT: Clint Gerdine, Esq., Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone (202) 708–2310. 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 on November 28, 2017, based on a complaint filed on behalf of National Products Inc. (‘‘NPI’’) of Seattle, Washington. 82 FR 56266–67. The complaint alleges violations of section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, by reason of infringement of certain claims of the ’161 patent, U.S. Patent Nos. D703,657; 8,186,636; D571,278 (‘‘the D’278 patent’’); D574,204; and 9,568,148; and U.S. Trademark Registration No. 4,254,086. The Commission’s notice of investigation named ten respondents, including Shenzhen Chengshuo Technology Co., Ltd., d/b/a WUPP (‘‘WUPP’’) of Zhejiang, China; Foshan City Qishi Sporting Goods, Technology Co., Ltd., Guangzhou Kean Products Co., Ltd., Gangzhou Kaicheng Metal Produce Co., Shenzhen Smilin Electronic Technology, Co., Ltd., and Shenzhen New Dream Intelligent Plastic, Co., Ltd., all of Guangdong, China; Chengdu MWUPP Technology Co., Ltd. of Sichuan Province, China; and Shenzhen Yingxue Technology Co., Ltd., d/b/a Yingxue Tech. (‘‘Yingxue Technology’’), Shenzhen Shunsihang Technology Co., VerDate Sep<11>2014 17:22 May 15, 2019 Jkt 247001 Ltd., d/b/a BlueFire (‘‘BlueFire’’), and Prolech Electronics Limited, all of Shenzhen, China. The Office of Unfair Import Investigations (‘‘OUII’’) is also a party to the investigation. All respondents in the investigation have been found in default, and the D’278 patent has been terminated from the investigation. See Comm’n Notice (June 5, 2018); Comm’n Notice (July 18, 2018). On November 28, 2018, the ALJ issued an ID granting in part NPI’s motion (as supplemented on July 10, July 19, and September 14, 2018) for summary determination of violation of section 337 by the defaulting respondents and request for issuance of a general exclusion order (‘‘GEO’’). Regarding the ’161 patent, NPI alleged induced and contributory infringement of claim 1 of this patent with respect to the accused WUPP X–Grip Mount. The ALJ found that NPI did not establish direct infringement of this claim by substantial, reliable, and probative evidence. On March 18, 2019, the Commission issued notice of its determination: (1) To review the ID’s finding that direct infringement was not established with respect to claim 1 of the ’161 patent; and (2) on review, to reverse this finding and remand to the ALJ the issue of whether NPI has established induced and contributory infringement of this claim. The Commission determined not to review the remainder of the ID. On April 16, 2019, the ALJ issued an RID finding a violation of section 337 with respect to claim 1 of the ’161 patent. Specifically, the ALJ found that NPI has shown induced and contributory infringement of this claim by respondents WUPP and Yingxue Technology by substantial, reliable, and probative evidence. No party petitioned for review of the subject RID. Having reviewed the record, the Commission has determined not to review the RID and has extended the target date for completion of the investigation to June 13, 2019. As noted above, ten respondents have been found in default. Section 337(g) and Commission Rule 210.16(c) authorize the Commission to issue relief against respondents found in default unless, after considering the public interest, it finds that such relief should not issue. In its motion for summary determination, NPI requested a GEO. In connection with the final disposition of this investigation, 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 PO 00000 Frm 00059 Fmt 4703 Sfmt 4703 22163 consumption, the party should so indicate and provide information establishing that activities involving other types of entry either are adversely affecting it or likely to do so. For background, see Certain Devices for Connecting Computers via Telephone Lines, Inv. No. 337–TA–360, USITC Pub. No. 2843, Comm’n Op. at 7–10 (December 1994). 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. See Presidential Memorandum of July 21, 2005, 70 FR 43251 (July 26, 2005). 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. Such submissions should address the recommended determination by the ALJ on remedy and bonding. Complainant and OUII are also requested to submit proposed remedial orders for the Commission’s consideration. Complainant is also requested to state the date that the asserted patents expire, the HTSUS numbers under which the accused products are imported, and to supply the names of known importers of the products at issue in this investigation. The written submissions and proposed remedial orders must be filed no later than close of business on May 17, 2019. Reply submissions must be filed no later than the close of business on May 24, 2019. No further submissions on these E:\FR\FM\16MYN1.SGM 16MYN1 khammond on DSKBBV9HB2PROD with NOTICES 22164 Federal Register / Vol. 84, No. 95 / Thursday, May 16, 2019 / Notices 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 eight true paper copies to the Office of the Secretary 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–1086’’) in a prominent place on the cover page and/or the first page. (See Handbook on Filing Procedures, https:// www.usitc.gov/documents/handbook_ on_filing_procedures.pdf). Persons with questions regarding filing should contact the Secretary at (202) 205–2000. Any person desiring to submit a document to the Commission in confidence must request confidential treatment unless the information has already been granted such treatment during the proceedings. All such requests should be directed to the Secretary of the Commission and must include a full statement of the reasons why the Commission should grant such treatment. See 19 CFR 210.6. Documents for which confidential treatment by the Commission is sought will be treated accordingly. A redacted nonconfidential version of the document must also be filed simultaneously with any confidential filing. All information, including confidential business information and documents for which confidential treatment is properly sought, submitted to the Commission for purposes of this Investigation may be disclosed to and used: (i) By the Commission, its employees and Offices, and contract personnel (a) for developing or maintaining the records of this or a related proceeding, or (b) in internal investigations, audits, reviews, and evaluations relating to the programs, personnel, and operations of the Commission including under 5 U.S.C. Appendix 3; or (ii) by U.S. government employees and contract personnel,1 solely for cybersecurity purposes. 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. 1 All contract personnel will sign appropriate nondisclosure agreements. VerDate Sep<11>2014 17:22 May 15, 2019 Jkt 247001 Issued: May 10, 2019. Katherine Hiner, Acting Secretary to the Commission. [FR Doc. 2019–10112 Filed 5–15–19; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Inv. No. 337–TA–1156] Certain Led Packages Containing PFS Phosphor and Products Containing Same; Institution of Investigation U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on April 11, 2019, under section 337 of the Tariff Act of 1930, as amended, on behalf of Current Lighting Solutions, LLC of East Cleveland, Ohio; General Electric Co., of Boston, Massachusetts; and Consumer Lighting (U.S.), LLC d/b/ a GE Lighting of East Cleveland Ohio. A supplement was filed on April 30, 2019. The complaint, as supplemented, alleges violations 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 LED packages containing PFS phosphor and products containing same by reason of infringement of certain claims of U.S. Patent No. 7,497,973 (‘‘the ’973 patent’’) and U.S. Patent No. 9,680,067 (‘‘the ’067 patent’’). The complaint further alleges that an industry in the United States exists as required by the applicable Federal Statute. The complainants request that the Commission institute an investigation and, after the investigation, issue a limited exclusion order and cease and desist orders. ADDRESSES: The complaint, except for any confidential information contained therein, is 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, Room 112, Washington, DC 20436, telephone (202) 205–2000. 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 SUMMARY: PO 00000 Frm 00060 Fmt 4703 Sfmt 4703 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. FOR FURTHER INFORMATION CONTACT: Katherine Hiner, Office of the Secretary, Docket Services Division, U.S. International Trade Commission, telephone (202) 205–1802. SUPPLEMENTARY INFORMATION: Authority: The authority for institution of this investigation is contained in section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, and in section 210.10 of the Commission’s Rules of Practice and Procedure, 19 CFR 210.10 (2018). Scope of Investigation: Having considered the complaint, as supplemented, the U.S. International Trade Commission, on May 10, 2019, ordered that— (1) Pursuant to subsection (b) of section 337 of the Tariff Act of 1930, as amended, an investigation be instituted to determine whether there is a violation of subsection (a)(1)(B) of section 337 in the importation into the United States, the sale for importation, or the sale within the United States after importation of certain products identified in paragraph (2) by reason of infringement of one or more of claims 1–4, 6–10, and 12–22 of the ’973 patent and claims 1, 3, 4, 7, 11, and 12 of the ’067 patent; and whether an industry in the United States exists as required by subsection (a)(2) of section 337; (2) Pursuant to section 210.10(b)(1) of the Commission’s Rules of Practice and Procedure, 19 CFR 210.10(b)(1), the plain language description of the accused products or category of accused products, which defines the scope of the investigation, is ‘‘LED packages, which are housings that include an LED chip and one or more phosphors, comprised of fluoride-based phosphors activated with manganese, and products containing the same’’; (3) For the purpose of the investigation so instituted, the following are hereby named as parties upon which this notice of investigation shall be served: (a) The complainant are: Current Lighting Solutions, LLC, 1975 Noble Road, Building 338, Nela Park, East Cleveland, OH 44112. General Electric Co., 41 Farnsworth Street, Boston, MA 02210. Consumer Lighting (U.S.), LLC, d/b/a GE Lighting, 1975 Noble Road, Building 338, East Cleveland, OH 44112. (b) The respondents are the following entities alleged to be in violation of E:\FR\FM\16MYN1.SGM 16MYN1

Agencies

[Federal Register Volume 84, Number 95 (Thursday, May 16, 2019)]
[Notices]
[Pages 22162-22164]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-10112]


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

INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1086]


Certain Mounting Apparatuses for Holding Portable Electronic 
Devices and Components Thereof; Notice of a Commission Determination 
Not To Review a Remand Initial Determination Finding a Violation of 
Section 337; Request for Written Submissions on Remedy, Bonding, and 
the Public Interest; and Extension of the Target Date for Completion of 
the Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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

SUMMARY: Notice is hereby given that the U.S. International Trade

[[Page 22163]]

Commission has determined not to review a remand initial determination 
(``RID'') (Order No. 16) of the chief administrative law judge 
(``ALJ''), finding a violation of section 337 with respect to U.S. 
Patent No. 8,544,161 (``the '161 patent''). The Commission is 
requesting written submissions on remedy, bonding, and the public 
interest and has extended the target date for completion of the 
investigation to June 13, 2019.

FOR FURTHER INFORMATION CONTACT: Clint Gerdine, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone (202) 708-2310. 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 
on November 28, 2017, based on a complaint filed on behalf of National 
Products Inc. (``NPI'') of Seattle, Washington. 82 FR 56266-67. The 
complaint alleges violations of section 337 of the Tariff Act of 1930, 
as amended, 19 U.S.C. 1337, by reason of infringement of certain claims 
of the '161 patent, U.S. Patent Nos. D703,657; 8,186,636; D571,278 
(``the D'278 patent''); D574,204; and 9,568,148; and U.S. Trademark 
Registration No. 4,254,086. The Commission's notice of investigation 
named ten respondents, including Shenzhen Chengshuo Technology Co., 
Ltd., d/b/a WUPP (``WUPP'') of Zhejiang, China; Foshan City Qishi 
Sporting Goods, Technology Co., Ltd., Guangzhou Kean Products Co., 
Ltd., Gangzhou Kaicheng Metal Produce Co., Shenzhen Smilin Electronic 
Technology, Co., Ltd., and Shenzhen New Dream Intelligent Plastic, Co., 
Ltd., all of Guangdong, China; Chengdu MWUPP Technology Co., Ltd. of 
Sichuan Province, China; and Shenzhen Yingxue Technology Co., Ltd., d/
b/a Yingxue Tech. (``Yingxue Technology''), Shenzhen Shunsihang 
Technology Co., Ltd., d/b/a BlueFire (``BlueFire''), and Prolech 
Electronics Limited, all of Shenzhen, China. The Office of Unfair 
Import Investigations (``OUII'') is also a party to the investigation. 
All respondents in the investigation have been found in default, and 
the D'278 patent has been terminated from the investigation. See Comm'n 
Notice (June 5, 2018); Comm'n Notice (July 18, 2018).
    On November 28, 2018, the ALJ issued an ID granting in part NPI's 
motion (as supplemented on July 10, July 19, and September 14, 2018) 
for summary determination of violation of section 337 by the defaulting 
respondents and request for issuance of a general exclusion order 
(``GEO''). Regarding the '161 patent, NPI alleged induced and 
contributory infringement of claim 1 of this patent with respect to the 
accused WUPP X-Grip Mount. The ALJ found that NPI did not establish 
direct infringement of this claim by substantial, reliable, and 
probative evidence.
    On March 18, 2019, the Commission issued notice of its 
determination: (1) To review the ID's finding that direct infringement 
was not established with respect to claim 1 of the '161 patent; and (2) 
on review, to reverse this finding and remand to the ALJ the issue of 
whether NPI has established induced and contributory infringement of 
this claim. The Commission determined not to review the remainder of 
the ID.
    On April 16, 2019, the ALJ issued an RID finding a violation of 
section 337 with respect to claim 1 of the '161 patent. Specifically, 
the ALJ found that NPI has shown induced and contributory infringement 
of this claim by respondents WUPP and Yingxue Technology by 
substantial, reliable, and probative evidence. No party petitioned for 
review of the subject RID.
    Having reviewed the record, the Commission has determined not to 
review the RID and has extended the target date for completion of the 
investigation to June 13, 2019.
    As noted above, ten respondents have been found in default. Section 
337(g) and Commission Rule 210.16(c) authorize the Commission to issue 
relief against respondents found in default unless, after considering 
the public interest, it finds that such relief should not issue. In its 
motion for summary determination, NPI requested a GEO.
    In connection with the final disposition of this investigation, 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 likely to do so. For 
background, see Certain Devices for Connecting Computers via Telephone 
Lines, Inv. No. 337-TA-360, USITC Pub. No. 2843, Comm'n Op. at 7-10 
(December 1994).
    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. See Presidential Memorandum of 
July 21, 2005, 70 FR 43251 (July 26, 2005). 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. Such submissions should address the recommended 
determination by the ALJ on remedy and bonding.
    Complainant and OUII are also requested to submit proposed remedial 
orders for the Commission's consideration. Complainant is also 
requested to state the date that the asserted patents expire, the HTSUS 
numbers under which the accused products are imported, and to supply 
the names of known importers of the products at issue in this 
investigation. The written submissions and proposed remedial orders 
must be filed no later than close of business on May 17, 2019. Reply 
submissions must be filed no later than the close of business on May 
24, 2019. No further submissions on these

[[Page 22164]]

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 eight 
true paper copies to the Office of the Secretary 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-1086'') in a prominent place on the cover page and/or the 
first page. (See Handbook on Filing Procedures, https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf). Persons with questions 
regarding filing should contact the Secretary at (202) 205-2000.
    Any person desiring to submit a document to the Commission in 
confidence must request confidential treatment unless the information 
has already been granted such treatment during the proceedings. All 
such requests should be directed to the Secretary of the Commission and 
must include a full statement of the reasons why the Commission should 
grant such treatment. See 19 CFR 210.6. Documents for which 
confidential treatment by the Commission is sought will be treated 
accordingly. A redacted non-confidential version of the document must 
also be filed simultaneously with any confidential filing. All 
information, including confidential business information and documents 
for which confidential treatment is properly sought, submitted to the 
Commission for purposes of this Investigation may be disclosed to and 
used: (i) By the Commission, its employees and Offices, and contract 
personnel (a) for developing or maintaining the records of this or a 
related proceeding, or (b) in internal investigations, audits, reviews, 
and evaluations relating to the programs, personnel, and operations of 
the Commission including under 5 U.S.C. Appendix 3; or (ii) by U.S. 
government employees and contract personnel,\1\ solely for 
cybersecurity purposes. All non-confidential written submissions will 
be available for public inspection at the Office of the Secretary and 
on EDIS.
---------------------------------------------------------------------------

    \1\ All contract personnel will sign appropriate nondisclosure 
agreements.
---------------------------------------------------------------------------

    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: May 10, 2019.
Katherine Hiner,
Acting Secretary to the Commission.
[FR Doc. 2019-10112 Filed 5-15-19; 8:45 am]
 BILLING CODE 7020-02-P