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]

Download as PDF jspears on DSK30JT082PROD with NOTICES 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 VerDate Sep<11>2014 18:30 Jun 20, 2019 Jkt 247001 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- PO 00000 Frm 00083 Fmt 4703 Sfmt 4703 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: E:\FR\FM\21JNN1.SGM 21JNN1 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 jspears on DSK30JT082PROD with NOTICES 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 PO 00000 Frm 00084 Fmt 4703 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: E:\FR\FM\21JNN1.SGM 21JNN1

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]


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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
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