Certain Mounting Apparatuses for Holding Portable Electronic Devices and Components Thereof; Final Commission Determination of Violation; Issuance of a General Exclusion Order; Termination of the Investigation, 29239-29240 [2019-13161]
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Federal Register / Vol. 84, No. 120 / Friday, June 21, 2019 / Notices
interest comments from the public only.
Parties are to file public interest
submissions pursuant to Commission
rules.
FOR FURTHER INFORMATION CONTACT:
Clint A. Gerdine, 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: Section
337 of the Tariff Act of 1930 provides
that if the Commission finds a violation
it shall exclude the articles concerned
from the United States unless, after
considering the effect of such exclusion
upon the public health and welfare,
competition conditions in the United
States economy, the production of like
or directly competitive articles in the
United States consumers, it finds that
such articles should not be excluded
from entry. 19 U.S.C. 1337(d)(1). A
similar provision applies to cease and
desist orders. 19 U.S.C. 1337(f)(1).
The Commission is soliciting
comments on public interest issues
raised by the recommended relief. The
ALJ recommended, should the
Commission find a violation, that the
Commission issue a limited exclusion
order directed against certain gas spring
nailer products and components thereof
imported, sold for importation, and/or
sold after importation by respondent
Hitachi Koki U.S.A., Ltd. (‘‘Hitachi’’) of
Braselton, Georgia, and a cease and
desist order directed against Hitachi.
The Commission is interested in
further development of the record on
the public interest in its investigations.
Accordingly, parties are to file public
interest submissions pursuant to 19 CFR
210.50(a)(4). In addition, members of
the public are invited to file
submissions of no more than five (5)
pages, inclusive of attachments,
concerning the public interest in light of
the administrative law judge’s
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Recommended Determination on
Remedy and Bond issued in this
investigation on June 7, 2019.
Comments should address whether
issuance of remedial orders in this
investigation would affect the public
health and welfare in the United States,
competitive conditions in the United
States economy, the production of like
or directly competitive articles in the
United States, or United States
consumers.
In particular, the Commission is
interested in comments that:
(i) Explain how the articles
potentially subject to the recommended
orders are used in the United States;
(ii) identify any public health, safety,
or welfare concerns in the United States
relating to the recommended orders;
(iii) indicate the extent to which like
or directly competitive articles are
produced in the United States or are
otherwise available in the United States,
with respect to the articles potentially
subject to the recommended orders;
(iv) indicate whether Complainant,
Complainant’s licensees, and/or third
party suppliers have the capacity to
replace the volume of articles
potentially subject to the recommended
orders within a commercially
reasonable time; and
(v) explain how the recommended
orders would impact consumers in the
United States.
Written submissions must be filed by
the close of business on Tuesday, July
2, 2019.
Persons filing written submissions
must file the original document
electronically on or before the deadline
stated above and submit eight true paper
copies to the Office of the Secretary
pursuant to Commission Rule 210.4(f),
CFR part 210.4(f). Submissions should
refer to the investigation number (‘‘Inv.
No. 337–TA–1082’’) 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 part 210.6.
Documents for which confidential
treatment by the Commission is sought
will be treated accordingly. All non-
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29239
confidential written submissions will be
available for public inspection at the
Office of the Secretary and on EDIS.
This action is taken under authority of
section 337 of the Tariff Act of 1930, as
amended, 19 U.S.C. 1337, and part 210
of the Commission’s Rules of Practice
and Procedure (19 CFR part 210).
By order of the Commission.
Issued: June 17, 2019.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2019–13166 Filed 6–20–19; 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; Final
Commission Determination of
Violation; Issuance of a General
Exclusion Order; Termination of the
Investigation
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
Notice is hereby given that
the U.S. International Trade
Commission has terminated the abovecaptioned investigation with a finding
of violation of section 337, and has
issued a general exclusion order
(‘‘GEO’’) directed against infringing
mounting apparatuses for holding
portable electronic devices and
components thereof. The Commission
has terminated the investigation.
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.
SUMMARY:
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29240
Federal Register / Vol. 84, No. 120 / Friday, June 21, 2019 / Notices
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 (Nov. 28,
2017). 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 U.S.
Patent Nos. 8,544,161 (‘‘the ’161
patent’’), D703,657 (‘‘the D’657 patent’’),
8,186,636 (‘‘the ’636 patent’’), D571,278
(‘‘the D’278 patent’’), D574,204 (‘‘the
D’204 patent’’), and 9,568,148 (‘‘the ’148
patent’’); and U.S. Trademark
Registration No. 4,254,086 (‘‘the ’086
trademark’’). The Commission’s notice
of investigation named the following
respondents: 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, and Prolech
Electronics Limited, all of Shenzhen,
China (collectively, ‘‘the defaulting
respondents’’). 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 Order No. 9 (May 8,
2018), unreviewed by Comm’n Notice
(June 5, 2018); Order No. 10 (June 22,
2018), unreviewed by Comm’n Notice
(July 18, 2018).
On November 28, 2018, the presiding
administrative law judge (‘‘ALJ’’) issued
an initial determination (‘‘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 GEO. The ID finds that all
defaulting respondents met the
importation requirement and that NPI
satisfied the domestic industry
requirement. See 19 U.S.C.
1337(a)(1)(B), (a)(2), and (a)(3). The ID
also finds that a violation of section 337
has occurred based on its finding that
each of the defaulting respondents’
accused products infringe one or more
of the asserted claims of the patents at
issue (except for the ’161 patent) and
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SUPPLEMENTARY INFORMATION:
VerDate Sep<11>2014
18:30 Jun 20, 2019
Jkt 247001
infringe the ’086 trademark as
established by substantial, reliable, and
probative evidence in accordance with
19 U.S.C. 1337(g)(2) and Commission
rule 210.16(c)(2). 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 ID finds that
NPI did not establish direct
infringement of this claim by
substantial, reliable, and probative
evidence. The ID also contains the ALJ’s
recommended determination (‘‘RD’’) on
remedy and bonding. The RD
recommends issuance of a general
exclusion order with respect to the
asserted intellectual property.
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. See
Comm’n Notice (Mar. 18, 2019);
Comm’n Order (Mar. 18, 2019)
(containing the Commission’s reasoning
for reversing the ID in part).
On April 16, 2019, the ALJ issued a
remand initial determination (‘‘RID’’)
finding a violation of section 337 with
respect to claim 1 of the ’161 patent.
Specifically, the RID finds 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 RID.
On May 10, 2019, the Commission
issued notice of its determination not to
review the RID. 84 FR 22162–64 (May
16, 2019). On the same date, the
Commission requested written
submissions on the issues of remedy,
the public interest, and bonding from
the parties and interested non-parties.
Id. On May 17, 2019, NPI and OUII each
filed a brief regarding remedy, the
public interest, and bonding, and on
May 24, 2019, OUII filed a reply brief.
The Commission has made its
determination on the issues of remedy,
the public interest, and bonding. The
Commission has determined that the
appropriate form of relief is a GEO
prohibiting the unlicensed entry of
mounting apparatuses for holding
portable electronic devices and
components thereof that infringe one or
more of: Claim 1 of the ’161 patent; the
claim of the D’657 patent; claim 1 of the
’636 patent; the claim of the D’204
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Sfmt 4703
patent; claim 1 of the ’148 patent; and
the ’086 trademark.
The Commission further determined
that the public interest factors
enumerated in section 337(d)(1) (19
U.S.C. 1337(d)(1)) do not preclude
issuance of the GEO. Finally, the
Commission determined that there shall
be a bond in the amount of 100 percent
of the entered value of the covered
products to permit temporary
importation during the period of
Presidential review (19 U.S.C. 1337(j)).
The Commission’s order and opinion
were delivered to the President and to
the United States Trade Representative
on the day of their issuance. The
Commission has terminated the
investigation.
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: June 17, 2019.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2019–13161 Filed 6–20–19; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 731–TA–752 (Fourth
Review)]
Crawfish Tail Meat From China;
Termination of Five-Year Review
United States International
Trade Commission.
ACTION: Notice.
AGENCY:
The Commission instituted
the subject five-year review in April
2019 to determine whether revocation of
the antidumping duty order on crawfish
tail meat from China would be likely to
lead to continuation or recurrence of
material injury. On June 7, 2019, the
Department of Commerce published
notice that it was revoking the order
effective May 16, 2019, because no
domestic interested party responded to
its sunset review notice of initiation by
the applicable deadline (84 FR 26647).
Accordingly, the subject review is
terminated.
DATES: June 17, 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
SUMMARY:
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Agencies
[Federal Register Volume 84, Number 120 (Friday, June 21, 2019)]
[Notices]
[Pages 29239-29240]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-13161]
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1086]
Certain Mounting Apparatuses for Holding Portable Electronic
Devices and Components Thereof; Final Commission Determination of
Violation; Issuance of a General Exclusion Order; Termination of the
Investigation
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that the U.S. International Trade
Commission has terminated the above-captioned investigation with a
finding of violation of section 337, and has issued a general exclusion
order (``GEO'') directed against infringing mounting apparatuses for
holding portable electronic devices and components thereof. The
Commission has terminated the investigation.
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.
[[Page 29240]]
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 (Nov.
28, 2017). 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 U.S. Patent Nos. 8,544,161 (``the
'161 patent''), D703,657 (``the D'657 patent''), 8,186,636 (``the '636
patent''), D571,278 (``the D'278 patent''), D574,204 (``the D'204
patent''), and 9,568,148 (``the '148 patent''); and U.S. Trademark
Registration No. 4,254,086 (``the '086 trademark''). The Commission's
notice of investigation named the following respondents: 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, and Prolech Electronics Limited, all of Shenzhen, China
(collectively, ``the defaulting respondents''). 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 Order
No. 9 (May 8, 2018), unreviewed by Comm'n Notice (June 5, 2018); Order
No. 10 (June 22, 2018), unreviewed by Comm'n Notice (July 18, 2018).
On November 28, 2018, the presiding administrative law judge
(``ALJ'') issued an initial determination (``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 GEO. The ID finds
that all defaulting respondents met the importation requirement and
that NPI satisfied the domestic industry requirement. See 19 U.S.C.
1337(a)(1)(B), (a)(2), and (a)(3). The ID also finds that a violation
of section 337 has occurred based on its finding that each of the
defaulting respondents' accused products infringe one or more of the
asserted claims of the patents at issue (except for the '161 patent)
and infringe the '086 trademark as established by substantial,
reliable, and probative evidence in accordance with 19 U.S.C.
1337(g)(2) and Commission rule 210.16(c)(2). 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 ID finds that
NPI did not establish direct infringement of this claim by substantial,
reliable, and probative evidence. The ID also contains the ALJ's
recommended determination (``RD'') on remedy and bonding. The RD
recommends issuance of a general exclusion order with respect to the
asserted intellectual property.
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. See Comm'n Notice (Mar. 18, 2019); Comm'n Order (Mar. 18, 2019)
(containing the Commission's reasoning for reversing the ID in part).
On April 16, 2019, the ALJ issued a remand initial determination
(``RID'') finding a violation of section 337 with respect to claim 1 of
the '161 patent. Specifically, the RID finds 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 RID.
On May 10, 2019, the Commission issued notice of its determination
not to review the RID. 84 FR 22162-64 (May 16, 2019). On the same date,
the Commission requested written submissions on the issues of remedy,
the public interest, and bonding from the parties and interested non-
parties. Id. On May 17, 2019, NPI and OUII each filed a brief regarding
remedy, the public interest, and bonding, and on May 24, 2019, OUII
filed a reply brief.
The Commission has made its determination on the issues of remedy,
the public interest, and bonding. The Commission has determined that
the appropriate form of relief is a GEO prohibiting the unlicensed
entry of mounting apparatuses for holding portable electronic devices
and components thereof that infringe one or more of: Claim 1 of the
'161 patent; the claim of the D'657 patent; claim 1 of the '636 patent;
the claim of the D'204 patent; claim 1 of the '148 patent; and the '086
trademark.
The Commission further determined that the public interest factors
enumerated in section 337(d)(1) (19 U.S.C. 1337(d)(1)) do not preclude
issuance of the GEO. Finally, the Commission determined that there
shall be a bond in the amount of 100 percent of the entered value of
the covered products to permit temporary importation during the period
of Presidential review (19 U.S.C. 1337(j)). The Commission's order and
opinion were delivered to the President and to the United States Trade
Representative on the day of their issuance. The Commission has
terminated the investigation.
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: June 17, 2019.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2019-13161 Filed 6-20-19; 8:45 am]
BILLING CODE 7020-02-P