Certain LED Lighting Devices and Components Thereof; Issuance of a General Exclusion Order; Termination of the Investigation, 44915-44916 [2019-18409]

Download as PDF Federal Register / Vol. 84, No. 166 / Tuesday, August 27, 2019 / Notices burdensome. For bonds posted on the newly revised bond form, ICE will no longer require cash bond obligors to submit Form I–305 or Form I–395 after a bond has been cancelled and will issue refunds of bond deposits to the individual or entity identified in ICE records as the individual or entity entitled to receive the refund without requiring Form I–305 or Form I–395 to be submitted. Dated: August 22, 2019. Scott Elmore, PRA Clearance Officer. [FR Doc. 2019–18431 Filed 8–26–19; 8:45 am] BILLING CODE 9111–28–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–1107] Certain LED Lighting Devices and Components Thereof; 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 issued a general exclusion order (‘‘GEO’’) denying entry of certain LED lighting devices and components thereof. The investigation is terminated. FOR FURTHER INFORMATION CONTACT: Benjamin S. Richards, Esq., Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone (202) 708–5453. 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 April 10, 2018, based on a complaint filed on behalf of Fraen Corporation jspears on DSK3GMQ082PROD with NOTICES SUMMARY: VerDate Sep<11>2014 19:12 Aug 26, 2019 Jkt 247001 (‘‘Fraen’’) of Reading, Massachusetts. 83 FR 15399–15400 (Apr. 10, 2018). The complaint alleges 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, or the sale within the United States after importation of certain LED lighting devices and components thereof by reason of infringement of one or more claims of U.S. Patent No. 9,411,083 (‘‘the ’083 patent’’) and U.S. Patent No. 9,772,499 (‘‘the ’499 patent’’). Id. The complaint further alleges that a domestic industry exists. Id. The Commission’s notice of investigation named as respondents Chauvet & Sons, LLC of Sunrise, Florida; ADJ Products, LLC of Los Angeles, California; Elation Lighting, Inc. of Los Angeles, California; Golden Sea Professional Equipment Co., Ltd. of Guangdong, China; Artfox USA, Inc. of City of Industry, California; Artfox Electronics Co., Ltd. of Guangdong, China; Guangzhou Chaiyi Light Co., Ltd. d/b/a Fine Art Lighting Co., Ltd. of Guangdong, China; Guangzhou Xuanyi Lighting Co., Ltd. d/b/a XY E-Shine of Guangdong, China; Guangzhou Flystar Lighting Technology Co., Ltd. of Guangdong, China; and Wuxi Changsheng Special Lighting Apparatus Factory d/b/a Roccer of Jiangsu, China. Id. The Office of Unfair Import Investigations (‘‘OUII’’) is also participating in the investigation. Id. On June 13, 2018, the ALJ issued an initial determination terminating Chauvet & Sons, LLC from the investigation on the basis of a license agreement. Order No. 14 at 1 (June 13, 2018), unreviewed, Notice (July 9, 2018). On July 12, 2018, the ALJ issued an initial determination terminating ADJ Products, LLC and Elation Lighting, Inc. from the investigation on the basis of a license agreement. Order No. 17 at 1 (July 12, 2018), unreviewed, Notice (Aug. 8, 2018). In the same initial determination, the ALJ terminated Golden Sea Professional Equipment Co., Ltd. from the investigation based on the provisions of 19 CFR 210.21(a). Id. On July 20, 2018, the ALJ issued an initial determination terminating Artfox USA, Inc. from the investigation on the basis of a license agreement. Order No. 18 at (July 20, 2018), unreviewed, Notice (Aug. 14, 2018). In the same initial determination, the ALJ terminated Artfox Electronics Co., Ltd. from the investigation based on the provision of 19 CFR 210.21(a). Id. On August 28, 2018, the ALJ issued an initial determination (‘‘ID’’) finding the remaining respondents—Fine Art, EShine, Flystar, and Roccer (collectively, ‘‘defaulting respondents’’)—in default PO 00000 Frm 00074 Fmt 4703 Sfmt 4703 44915 for failure to respond to the complaint, notice of investigation, and her order to show cause why they should not be found in default. Order No. 20 (Aug. 28, 2018), unreviewed, Notice (Sep. 17, 2018). On September 14, 2018, Fraen moved for summary determination of violation of section 337 by the defaulting respondents. In addition, Fraen requested a recommended determination for the Commission to issue a general exclusion order and set a bond at 100 percent. On September 26, 2018, OUII filed a response in support of Fraen’s motion and requested remedy. On May 16, 2019, the ALJ issued the subject ID granting Fraen’s motion for summary determination of violation of section 337 by the defaulting respondents. Specifically, the ALJ found, inter alia, that Fraen established infringement of claim 1 of the ’083 patent and claim 1 of the ’499 patent; that Fraen established that the importation requirement of 337(a)(1)(B)(i) is satisfied as to each defaulting respondent and each accused product; and that Fraen satisfied both the technical and economic prongs of the domestic industry requirement. The ALJ also included her recommendation that the Commission issue a general exclusion order and impose a 100 percent bond during the presidential review period. No petitions for review were filed. On June 28, 2019, the Commission issued a Notice stating that the Commission determined to review the ID in part and, on review, to take no position on whether Fraen satisfied the domestic industry requirement under subparagraphs (A) and (C) of section 337(a)(3). 84 FR 32218. The Commission’s determination resulted in finding a violation of section 337. Id. at 32219. The Notice also requested written submissions on remedy, the public interest, and bonding. See id. at 32219–20. On July 15, 2019, Fraen submitted a brief on remedy, the public interest, and bonding, requesting that the Commission issue a GEO and set a bond of 100 percent during the Presidential review period. Fraen did not request a cease and desist order. On the same day, OUII also submitted a brief on remedy, the public interest, and bonding, supporting the ALJ’s recommendation to issue a GEO and impose a bond of 100 percent. On July 22, 2019, both Fraen and OUII submitted replies to the other’s opening brief. No other submissions were filed in response to the Notice. E:\FR\FM\27AUN1.SGM 27AUN1 44916 Federal Register / Vol. 84, No. 166 / Tuesday, August 27, 2019 / Notices The Commission finds that the statutory requirements for relief under section 337(d)(2) are met with respect to the defaulting respondents. See 19 U.S.C. 1337(d)(2). In addition, the Commission finds that the public interest factors enumerated in section 337(d)(1) do not preclude issuance of statutory relief. See id. 1337(d)(1). The Commission has determined that the appropriate remedy in this investigation is a GEO prohibiting the unlicensed entry of certain LED lighting devices and components thereof that infringe claim 1 of the ’083 patent or claim 1 of the ’499 patent. The Commission has also determined that the bond during the period of Presidential review pursuant to 19 U.S.C. 1337(j) shall be in the amount of 100 percent of the entered value of the imported articles that are subject to the GEO. The Commission’s order was delivered to the President and to the United States Trade Representative on the day of its issuance. 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: August 21, 2019. Lisa Barton, Secretary to the Commission. [FR Doc. 2019–18409 Filed 8–26–19; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation Nos. 701–TA–618–619 and 731–TA–1441–1444 (Final)] Carbon and Alloy Steel Threaded Rod From China, India, Taiwan, and Thailand; Scheduling of the Final Phase of Countervailing and AntiDumping Duty Investigations United States International Trade Commission. ACTION: Notice. AGENCY: The Commission hereby gives notice of the scheduling of the final phase of antidumping and countervailing duty investigation Nos. 701–TA–618–619 and 731–TA–1441– 1444 (Final) pursuant to the Tariff Act of 1930 (‘‘the Act’’) to determine whether an industry in the United States is materially injured or threatened with material injury, or the establishment of an industry in the United States is materially retarded, by jspears on DSK3GMQ082PROD with NOTICES SUMMARY: VerDate Sep<11>2014 19:12 Aug 26, 2019 Jkt 247001 reason of imports of carbon and alloy steel threaded rod from China, India, Taiwan, and Thailand, provided for in subheading 7318.15.50 of the Harmonized Tariff Schedule of the United States, preliminarily determined by the Department of Commerce (‘‘Commerce’’) to be subsidized and sold at less-than-fair-value. DATES: August 7, 2019. FOR FURTHER INFORMATION CONTACT: Kristina Lara (202–205–3386) or Jessica Oliva Figueroa (202–205–3432), Office of Investigations, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. Hearingimpaired persons can obtain information on this matter 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 these investigations may be viewed on the Commission’s electronic docket (EDIS) at https://edis.usitc.gov. SUPPLEMENTARY INFORMATION: Scope.—For purposes of these investigations, Commerce has defined the subject merchandise as ‘‘. . . carbon and alloy steel threaded rod. Steel threaded rod is certain threaded rod, bar, or studs, of carbon or alloy steel, having a solid, circular cross section of any diameter, in any straight length. Steel threaded rod is normally drawn, cold-rolled, threaded, and straightened, or it may be hot-rolled. In addition, the steel threaded rod, bar, or studs subject to these investigations are non-headed and threaded along greater than 25 percent of their total actual length. A variety of finishes or coatings, such as plain oil finish as a temporary rust protectant, zinc coating (i.e., galvanized, whether by electroplating or hotdipping), paint, and other similar finishes and coatings, may be applied to the merchandise. Steel threaded rod is normally produced to American Society for Testing and Materials (ASTM) specifications ASTM A36, ASTM A193 B7/B7m, ASTM A193 B16, ASTM A307, ASTM A320 L7/L7M, ASTM A320 L43, ASTM A354 BC and BD, ASTM A449, ASTM F1554–36, ASTM F1554–55, ASTM F1554 Grade 105, American Society of Mechanical Engineers (ASME) specification ASME B18.31.3, and American Petroleum Institute (API) specification API 20E. All steel threaded rod meeting the physical description set PO 00000 Frm 00075 Fmt 4703 Sfmt 4703 forth above is covered by the scope of these investigations, whether or not produced according to a particular standard. Subject merchandise includes material matching the above description that has been finished, assembled, or packaged in a third country, including by cutting, chamfering, coating, or painting the threaded rod, by attaching the threaded rod to, or packaging it with, another product, or any other finishing, assembly, or packaging operation that would not otherwise remove the merchandise from the scope of the investigations if performed in the country of manufacture of the threaded rod. Carbon and alloy steel threaded rod are also included in the scope of these investigations whether or not imported attached to, or in conjunction with, other parts and accessories such as nuts and washers. If carbon and alloy steel threaded rod are imported attached to, or in conjunction with, such non-subject merchandise, only the threaded rod is included in the scope. Excluded from the scope of these investigations are: (1) Threaded rod, bar, or studs which are threaded only on one or both ends and the threading covers 25 percent or less of the total actual length; and (2) stainless steel threaded rod, defined as steel threaded rod containing, by weight, 1.2 percent or less of carbon and 10.5 percent or more of chromium, with our without other elements. Excluded from the scope of the antidumping investigation on steel threaded rod from the People’s Republic of China is any merchandise covered by the existing antidumping order on Certain Steel Threaded Rod from the People’s Republic of China. See Certain Steel Threaded Rod from the People’s Republic of China: Notice of Antidumping Duty Order, 74 FR 17154 (April 14, 2009). Specifically excluded from the scope of these investigations is threaded rod that is imported as part of a package of hardware in conjunction with a readyto-assemble piece of furniture. Steel threaded rod is currently classifiable under subheadings 7318.15.5051, 7318.15.5056, and 7318.15.5090 of the Harmonized Tariff Schedule of the United States (HTSUS). Subject merchandise may also enter under subheading 7318.15.2095 and 7318.19.0000 of the HTSUS. The HTSUS subheadings are provided for convenience and U.S. Customs purposes only. The written description of the scope is dispositive.’’ Background.—The final phase of these investigations is being scheduled E:\FR\FM\27AUN1.SGM 27AUN1

Agencies

INTERNATIONAL TRADE COMMISSION

[Federal Register Volume 84, Number 166 (Tuesday, August 27, 2019)]
[Notices]
[Pages 44915-44916]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-18409]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1107]


Certain LED Lighting Devices and Components Thereof; Issuance of 
a General Exclusion Order; Termination of the Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has issued a general exclusion order (``GEO'') denying entry 
of certain LED lighting devices and components thereof. The 
investigation is terminated.

FOR FURTHER INFORMATION CONTACT: Benjamin S. Richards, Esq., Office of 
the General Counsel, U.S. International Trade Commission, 500 E Street 
SW, Washington, DC 20436, telephone (202) 708-5453. 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 April 10, 2018, based on a complaint filed on behalf of Fraen 
Corporation (``Fraen'') of Reading, Massachusetts. 83 FR 15399-15400 
(Apr. 10, 2018). The complaint alleges 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, or the sale within the 
United States after importation of certain LED lighting devices and 
components thereof by reason of infringement of one or more claims of 
U.S. Patent No. 9,411,083 (``the '083 patent'') and U.S. Patent No. 
9,772,499 (``the '499 patent''). Id. The complaint further alleges that 
a domestic industry exists. Id. The Commission's notice of 
investigation named as respondents Chauvet & Sons, LLC of Sunrise, 
Florida; ADJ Products, LLC of Los Angeles, California; Elation 
Lighting, Inc. of Los Angeles, California; Golden Sea Professional 
Equipment Co., Ltd. of Guangdong, China; Artfox USA, Inc. of City of 
Industry, California; Artfox Electronics Co., Ltd. of Guangdong, China; 
Guangzhou Chaiyi Light Co., Ltd. d/b/a Fine Art Lighting Co., Ltd. of 
Guangdong, China; Guangzhou Xuanyi Lighting Co., Ltd. d/b/a XY E-Shine 
of Guangdong, China; Guangzhou Flystar Lighting Technology Co., Ltd. of 
Guangdong, China; and Wuxi Changsheng Special Lighting Apparatus 
Factory d/b/a Roccer of Jiangsu, China. Id. The Office of Unfair Import 
Investigations (``OUII'') is also participating in the investigation. 
Id.
    On June 13, 2018, the ALJ issued an initial determination 
terminating Chauvet & Sons, LLC from the investigation on the basis of 
a license agreement. Order No. 14 at 1 (June 13, 2018), unreviewed, 
Notice (July 9, 2018).
    On July 12, 2018, the ALJ issued an initial determination 
terminating ADJ Products, LLC and Elation Lighting, Inc. from the 
investigation on the basis of a license agreement. Order No. 17 at 1 
(July 12, 2018), unreviewed, Notice (Aug. 8, 2018). In the same initial 
determination, the ALJ terminated Golden Sea Professional Equipment 
Co., Ltd. from the investigation based on the provisions of 19 CFR 
210.21(a). Id.
    On July 20, 2018, the ALJ issued an initial determination 
terminating Artfox USA, Inc. from the investigation on the basis of a 
license agreement. Order No. 18 at (July 20, 2018), unreviewed, Notice 
(Aug. 14, 2018). In the same initial determination, the ALJ terminated 
Artfox Electronics Co., Ltd. from the investigation based on the 
provision of 19 CFR 210.21(a). Id.
    On August 28, 2018, the ALJ issued an initial determination 
(``ID'') finding the remaining respondents--Fine Art, E-Shine, Flystar, 
and Roccer (collectively, ``defaulting respondents'')--in default for 
failure to respond to the complaint, notice of investigation, and her 
order to show cause why they should not be found in default. Order No. 
20 (Aug. 28, 2018), unreviewed, Notice (Sep. 17, 2018).
    On September 14, 2018, Fraen moved for summary determination of 
violation of section 337 by the defaulting respondents. In addition, 
Fraen requested a recommended determination for the Commission to issue 
a general exclusion order and set a bond at 100 percent. On September 
26, 2018, OUII filed a response in support of Fraen's motion and 
requested remedy.
    On May 16, 2019, the ALJ issued the subject ID granting Fraen's 
motion for summary determination of violation of section 337 by the 
defaulting respondents. Specifically, the ALJ found, inter alia, that 
Fraen established infringement of claim 1 of the '083 patent and claim 
1 of the '499 patent; that Fraen established that the importation 
requirement of 337(a)(1)(B)(i) is satisfied as to each defaulting 
respondent and each accused product; and that Fraen satisfied both the 
technical and economic prongs of the domestic industry requirement. The 
ALJ also included her recommendation that the Commission issue a 
general exclusion order and impose a 100 percent bond during the 
presidential review period. No petitions for review were filed.
    On June 28, 2019, the Commission issued a Notice stating that the 
Commission determined to review the ID in part and, on review, to take 
no position on whether Fraen satisfied the domestic industry 
requirement under subparagraphs (A) and (C) of section 337(a)(3). 84 FR 
32218. The Commission's determination resulted in finding a violation 
of section 337. Id. at 32219. The Notice also requested written 
submissions on remedy, the public interest, and bonding. See id. at 
32219-20.
    On July 15, 2019, Fraen submitted a brief on remedy, the public 
interest, and bonding, requesting that the Commission issue a GEO and 
set a bond of 100 percent during the Presidential review period. Fraen 
did not request a cease and desist order. On the same day, OUII also 
submitted a brief on remedy, the public interest, and bonding, 
supporting the ALJ's recommendation to issue a GEO and impose a bond of 
100 percent. On July 22, 2019, both Fraen and OUII submitted replies to 
the other's opening brief. No other submissions were filed in response 
to the Notice.

[[Page 44916]]

    The Commission finds that the statutory requirements for relief 
under section 337(d)(2) are met with respect to the defaulting 
respondents. See 19 U.S.C. 1337(d)(2). In addition, the Commission 
finds that the public interest factors enumerated in section 337(d)(1) 
do not preclude issuance of statutory relief. See id. 1337(d)(1).
    The Commission has determined that the appropriate remedy in this 
investigation is a GEO prohibiting the unlicensed entry of certain LED 
lighting devices and components thereof that infringe claim 1 of the 
'083 patent or claim 1 of the '499 patent. The Commission has also 
determined that the bond during the period of Presidential review 
pursuant to 19 U.S.C. 1337(j) shall be in the amount of 100 percent of 
the entered value of the imported articles that are subject to the GEO. 
The Commission's order was delivered to the President and to the United 
States Trade Representative on the day of its issuance.
    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: August 21, 2019.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2019-18409 Filed 8-26-19; 8:45 am]
 BILLING CODE 7020-02-P

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