Certain Height-Adjustable Desk Platforms and Components Thereof; Commission Determination Not To Review an Initial Determination Granting in Part a Motion for Summary Determination; Schedule for Filing Written Submissions on Remedy, the Public Interest, and Bonding, 59416-59418 [2019-23988]

Download as PDF 59416 Federal Register / Vol. 84, No. 213 / Monday, November 4, 2019 / Notices shall designate the presiding Administrative Law Judge. The Office of Unfair Import Investigations will not participate as a party in this investigation. 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: October 29, 2019. Lisa Barton, Secretary to the Commission. [FR Doc. 2019–23989 Filed 11–1–19; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–1125] Certain Height-Adjustable Desk Platforms and Components Thereof; Commission Determination Not To Review an Initial Determination Granting in Part a Motion for Summary Determination; Schedule for Filing Written Submissions on Remedy, the Public Interest, and Bonding U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that the U.S. International Trade Commission (‘‘Commission’’) has determined not to review the presiding administrative law judge’s (‘‘ALJ’’) SUMMARY: VerDate Sep<11>2014 20:48 Nov 01, 2019 Jkt 250001 initial determination (‘‘ID’’) (Order No. 33) granting in part a summary determination on violation of section 337 by certain non-participating respondents in the above-captioned investigation. The Commission is requesting briefing from the parties, interested government agencies, and interested persons on the issues of remedy, the public interest, and bonding. FOR FURTHER INFORMATION CONTACT: Ronald A. Traud, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone (202) 205–3427. Copies of non-confidential documents filed in connection with this investigation are or will be available for inspection during official business hours (8:45 a.m. to 5:15 p.m.) in the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone (202) 205–2000. General information concerning the Commission may also be obtained by accessing its internet server (https://www.usitc.gov). The public record for this investigation may be viewed on the Commission’s Electronic Docket Information System (‘‘EDIS’’) (https://edis.usitc.gov). Hearing-impaired persons are advised that information on this matter can be obtained by contacting the Commission’s TDD terminal, telephone (202) 205–1810. SUPPLEMENTARY INFORMATION: On July 30, 2018, the Commission instituted this investigation based on a complaint and supplements thereto filed on behalf of Varidesk LLC of Coppell, Texas (‘‘Varidesk’’). 83 FR 36621 (July 30, 2018). The complaint alleges violations of section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, based upon the importation into the United States, the sale for importation, and the sale within the United States after importation of certain height-adjustable desk platforms and components thereof by reason of infringement of one or more claims of U.S. Patent Nos. 9,113,703 (‘‘the ’703 patent’’); 9,277,809 (‘‘the ’809 patent’’); 9,554,644 (‘‘the ’644 patent’’); and 9,924,793 (‘‘the ’793 patent’’). Id. The complaint further alleges that an industry in the United States exists as required by section 337. Id. The Commission’s notice of investigation named thirty-one respondents: (1) Albeit LLC of San Francisco, California (‘‘Albeit’’); (2) ATC Supply LLC of Plainfield, Illinois (‘‘ATC Supply’’); (3) Shenzhen Atc Network Scienology CO., LTD. of Guangdong, China (‘‘Shenzhen ATC’’); (4) Best PO 00000 Frm 00066 Fmt 4703 Sfmt 4703 Choice Products of Ontario, California (‘‘Best Choice’’); (5) Huizhou Chang He Home Supplies Co., Ltd. of Guangdong, China (‘‘Chang He’’); (6) Dakota Trading, Inc. of Emerson, New Jersey (‘‘Dakota’’); (7) Designa Inc. of Guangdong, China (‘‘Designa’’); (8) Designa Group, Inc. of El Dorado Hills, California (‘‘Designa Group’’); (9) Eureka LLC of El Dorado Hills, California (‘‘Eureka’’); (10) LaMountain International Group LLC of Elk Grove, California (‘‘LaMountain’’); (11) Amazon Import Inc. of El Monte, California (‘‘Amazon Imports’’); (12) Hangzhou Grandix Electronics Co., Ltd. of Zhejiang, China (‘‘Grandix’’); (13) Ningbo GYL International Trading Co., Ltd. of Zhejiang, China (‘‘Ningbo GYL’’); (14) Knape & Vogt Manufacturing Co. of Grand Rapids, Michigan (‘‘Knape & Vogt’’); (15) JV Products Inc. of Milpitas, California (‘‘JV Products’’); (16) Vanson Distributing, Inc. of Milpitas, California (‘‘Vanson Distributing’’); (17) Vanson Group, Inc. of Milpitas, California (‘‘Vanson Group’’); (18) S.P. Richards Co. DBA Lorell of Smyrna, Georgia (‘‘Lorell’’); (19) Nantong Jon Ergonomic Office Co., Ltd. of Jiangsu, China (‘‘Nanotong Jon’’); (20) Jiangsu Omni Industrial Co., Ltd. of Jiangsu, China (‘‘Jiangsu Omni’’); (21) OmniMax USA, LLC of Anna, Texas (‘‘OmniMax USA’’); (22) Haining Orizeal Import and Export Co., Ltd. of Zhejiang, China (‘‘Haining Orizeal’’); (23) Qidong Vision Mounts Manufacturing Co., Ltd. of Jiangsu, China (‘‘Vision Mounts’’); (24) Hangzhou KeXiang Keji Youxiangongsi of Hangzhou, China (‘‘Hangzhou KeXiang’’); (25) Smugdesk, LLC of La Puente, California (‘‘Smugdesk’’); (26) Venditio Group, LLC of Elkton, Florida (‘‘Venditio’’); (27) Versa Products Inc. of Los Angeles, California (‘‘Versa’’); (28) Victor Technology, LLC of Bolingbrook, Illinois (‘‘Victor’’); (29) CKnapp Sales, Inc. DBA Vivo of Goodfield, Illinois (‘‘Vivo’’); (30) Wuhu Xingdian Industrial Co., Ltd. of Anhui, China (‘‘Wuhu Xingdian’’); and (31) Wuppessen, Inc. of Ontario, California (‘‘Wuppessen’’). Id. The Office of Unfair Import Investigations (‘‘OUII’’) was also named as a party in this investigation. Id. During the course of the investigation, Varidesk settled with the following respondents: Venditio, Jiangsu Omni, OmniMax USA, Knape & Vogt, Wuppessen, Victor, Versa, Designa, Designa Group, Eureka, Chang He, Vision Mounts, Vivo, Nanotong Jon, Best Choice, Grandix, Hangzhou KeXiang, Lorell, and Dakota. Order No. 7, unreviewed, Notice (Sept. 18, 2018); Order No. 11, unreviewed, Notice (Sept. 25, 2018); Order No. 12, unreviewed, Notice (Oct. 4, 2018); Order No. 13, E:\FR\FM\04NON1.SGM 04NON1 Federal Register / Vol. 84, No. 213 / Monday, November 4, 2019 / Notices unreviewed, Notice (Oct. 4, 2018); Order No. 16, unreviewed, Notice (Nov. 9, 2018); Order No. 18, unreviewed, Notice (Nov. 29, 2018); Order No. 20, unreviewed, Notice (Feb. 21, 2019); Order No. 23, unreviewed, Notice (Mar. 12, 2019); Order No. 25, unreviewed, Notice (Apr. 5, 2019); Order No. 31, unreviewed, Notice (May 16, 2019). In addition, the investigation terminated as to LaMountain based on a consent order stipulation. Order No. 15, unreviewed, Notice (Oct. 22, 2018). The investigation has also previously terminated as to certain claims of each asserted patent. Order No. 30, unreviewed, Notice (May 13, 2019). On April 11, 2019, Varidesk moved for summary determination of a violation of section 337 as to the remaining eleven respondents, who were served with a copy of the complaint, but have not filed a response or participated in the investigation. On April 24, 2019, Varidesk filed a supplement to the motion. The remaining respondents (collectively, ‘‘the Non-Participating Respondents’’) are (1) Albeit, (2) ATC Supply, (3) Shenzhen ATC, (4) Amazon Imports, (5) Ningbo GYL, (6) JV Products, (7) Vanson Distributing, (8) Vanson Group, (9) Haining Orizeal, (10) Smugdesk, and (11) Wuhu Xingdian. On April 26, 2019, OUII filed a response supporting Varidesk’s motion in substantial part. On September 13, 2019, the ALJ issued Order No. 33, the subject ID, and his Recommended Determination (‘‘RD’’) on remedy and bonding. The ID grants the motion in part. Specifically, the ALJ found, inter alia, (1) that Varidesk established the importation requirement as to each NonParticipating Respondent, except for Haining Orizeal; (2) that Varidesk established infringement as to all accused products and all remaining asserted claims (claims 1–2, 4, and 10– 11 of the ’703 patent; claims 11, 16, 18, and 22–26 of the ’809 patent; claims 1, 4–5, 11–12, 26, and 33–36 of the ’644 patent; and claims 20–21 and 40–50 of the ’793 patent); and (3) that Varidesk satisfied the domestic industry requirement for each asserted patents. In addition, the ALJ recommended that the Commission issue a general exclusion order and impose a 100 percent bond during the period of Presidential review. The ALJ also recommended the Commission not issue cease and desist orders directed to the Non-Participating Respondents. Having examined the record in this investigation, including the ID, the Commission has determined not to review the ID. Thus, the Commission has determined that there is a violation VerDate Sep<11>2014 20:48 Nov 01, 2019 Jkt 250001 of section 337 as to Albeit, ATC Supply, Shenzhen ATC, Amazon Imports, Ningbo GYL, JV Products, Vanson Distributing, Vanson Group, Smugdesk, and Wuhu Xingdian, but not as to Haining Orizeal. In connection with the final disposition of this investigation, the Commission may (1) issue an order that could result in the exclusion of the subject articles from entry into the United States, and/or (2) issue a cease and desist order that could result in the respondent being required to cease and desist from engaging in unfair acts in the importation and sale of such articles. Accordingly, 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). In addition, if a party seeks issuance of any cease and desist orders, the written submissions should address that request in the context of recent Commission opinions, including those in Certain Arrowheads with Deploying Blades and Components Thereof and Packaging Therefor, Inv. No. 337–TA–977, Comm’n Op. (Apr. 28, 2017) and Certain Electric Skin Care Devices, Brushes and Chargers Therefor, and Kits Containing the Same, Inv. No. 337–TA–959, Comm’n Op. (Feb. 13, 2017). Specifically, if Complainant seeks a cease and desist order against a respondent, the written submissions should respond to the following requests: 1. Please identify with citations to the record any information regarding commercially significant inventory in the United States as to each respondent against whom a cease and desist order is sought. If Complainant also relies on other significant domestic operations that could undercut the remedy provided by an exclusion order, identify with citations to the record such information as to each respondent against whom a cease and desist order is sought. 2. In relation to the infringing products, please identify any information in the record, including allegations in the pleadings, that addresses the existence of any domestic inventory, any domestic operations, or PO 00000 Frm 00067 Fmt 4703 Sfmt 4703 59417 any sales-related activity directed at the United States for each respondent against whom a cease and desist order is sought. 3. Please discuss any other basis upon which the Commission could enter a cease and desist order. 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 requested to submit proposed remedial orders for the Commission’s consideration. Complainant is also requested to state the date that the patents expire and the HTSUS numbers under which the accused products are imported. Complainant is further requested 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 November 13, 2019. Reply submissions must be filed no later than the close of business on November 20, 2019. No further submissions on any of these issues will be permitted unless otherwise ordered by the Commission. E:\FR\FM\04NON1.SGM 04NON1 59418 Federal Register / Vol. 84, No. 213 / Monday, November 4, 2019 / Notices Persons filing written submissions must file the original document electronically on or before the deadlines stated above and submit 8 true paper copies to the Office of the Secretary by noon the next day pursuant to Commission Rule 210.4(f), CFR 210.4(f). Submissions should refer to the investigation number (‘‘Inv. No. 337– TA–1125’’) in a prominent place on the cover page and/or the first page. (See Handbook for Electronic Filing Procedures, https://www.usitc.gov/ secretary/documents/handbook_on_ electronic_filing.pdf). Persons with questions regarding filing should contact the Secretary (202–205–2000). Any person desiring to submit a document to the Commission in confidence must request confidential treatment. All such requests should be directed to the Secretary to the Commission and must include a full statement of the reasons why the Commission should grant such treatment. See 19 CFR 201.6. Documents for which confidential treatment by the Commission is properly 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, solely for cybersecurity purposes (all contract personnel will sign appropriate nondisclosure agreements). All nonconfidential 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. Issued: October 29, 2019. Lisa Barton, Secretary to the Commission. [FR Doc. 2019–23988 Filed 11–1–19; 8:45 am] BILLING CODE 7020–02–P LEGAL SERVICES CORPORATION Notice of Intent To Award—Grant Awards for the Delivery of Civil Legal Services to Eligible Low-Income Clients Beginning January 1, 2020 Legal Services Corporation. Announcement of the Legal Services Corporation’s intent to make FY2020 Grant Awards. AGENCY: ACTION: The Legal Services Corporation (LSC) hereby announces its intention to award grants to provide effective and efficient delivery of highquality civil legal services to eligible low-income clients, starting January 1, 2020. SUMMARY: All comments and recommendations must be received on or before the close of business on December 4, 2019. ADDRESSES: Grant Awards, Legal Services Corporation; 3333 K Street NW, Third Floor, Washington, DC 20007. FOR FURTHER INFORMATION CONTACT: Judith Lee, Grants Program Analyst, Office of Program Performance, at (202) 295–1518 or leej@lsc.gov. SUPPLEMENTARY INFORMATION: Under LSC’s Notice Of Funds Available published on March 12, 2019 (84 FR 8904) and LSC’s Grant Renewal application process beginning on May 3, 2019, LSC intends to award funds to organizations that provide civil legal services in the indicated service areas. Applicants for each service area are listed below. The grant award amounts below are estimates based on the FY2019 grant awards to each service area. The funding estimates may change based on the final FY2020 appropriation. LSC will post all updates and changes to this notice at https://www.lsc.gov/ grants-grantee-resources. Interested parties are asked to visit https:// www.lsc.gov/grants-grantee-resources regularly for updates on the LSC grants process. DATES: Name of applicant organization State Alaska Legal Services Corporation .................................................................................................................. Alaska Legal Services Corporation .................................................................................................................. Legal Services Alabama ................................................................................................................................... Legal Aid of Arkansas ...................................................................................................................................... Center for Arkansas Legal Services ................................................................................................................. American Samoa Legal Aid .............................................................................................................................. DNA-Peoples Legal Services ........................................................................................................................... Community Legal Services ............................................................................................................................... Southern Arizona Legal Aid .............................................................................................................................. Community Legal Services ............................................................................................................................... DNA-Peoples Legal Services ........................................................................................................................... Southern Arizona Legal Aid .............................................................................................................................. California Indian Legal Services ....................................................................................................................... Inland Counties Legal Services ........................................................................................................................ Legal Aid Society of San Diego ....................................................................................................................... Community Legal Aid SoCal ............................................................................................................................ Greater Bakersfield Legal Assistance .............................................................................................................. Central California Legal Services ..................................................................................................................... Legal Services of Northern California .............................................................................................................. Bay Area Legal Aid ........................................................................................................................................... Legal Aid Foundation of Los Angeles .............................................................................................................. Neighborhood Legal Services of Los Angeles County .................................................................................... California Rural Legal Assistance .................................................................................................................... California Rural Legal Assistance .................................................................................................................... California Indian Legal Services ....................................................................................................................... VerDate Sep<11>2014 20:48 Nov 01, 2019 Jkt 250001 PO 00000 Frm 00068 Fmt 4703 Sfmt 4703 E:\FR\FM\04NON1.SGM AK AK AL AR AR AS AZ AZ AZ AZ AZ AZ CA CA CA CA CA CA CA CA CA CA CA CA CA 04NON1 Service area AK–1 NAK–1 AL–4 AR–6 AR–7 AS–1 AZ–2 AZ–3 AZ–5 MAZ NAZ–5 NAZ–6 CA–1 CA–12 CA–14 CA–19 CA–2 CA–26 CA–27 CA–28 CA–29 CA–30 CA–31 MCA NCA–1 Estimated annualized 2020 funding $871,350 601,148 6,525,818 1,478,027 2,350,621 265,156 468,529 5,463,795 2,310,084 251,318 2,900,567 708,525 14,237 5,000,021 2,975,476 4,015,508 1,266,090 3,202,966 4,128,982 4,268,687 6,104,238 4,201,601 4,750,556 3,086,473 982,050

Agencies

[Federal Register Volume 84, Number 213 (Monday, November 4, 2019)]
[Notices]
[Pages 59416-59418]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-23988]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1125]


Certain Height-Adjustable Desk Platforms and Components Thereof; 
Commission Determination Not To Review an Initial Determination 
Granting in Part a Motion for Summary Determination; Schedule for 
Filing Written Submissions on Remedy, the Public Interest, and Bonding

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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

SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission (``Commission'') has determined not to review the presiding 
administrative law judge's (``ALJ'') initial determination (``ID'') 
(Order No. 33) granting in part a summary determination on violation of 
section 337 by certain non-participating respondents in the above-
captioned investigation. The Commission is requesting briefing from the 
parties, interested government agencies, and interested persons on the 
issues of remedy, the public interest, and bonding.

FOR FURTHER INFORMATION CONTACT: Ronald A. Traud, Office of the General 
Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone (202) 205-3427. Copies of non-
confidential documents filed in connection with this investigation are 
or will be available for inspection during official business hours 
(8:45 a.m. to 5:15 p.m.) in the Office of the Secretary, U.S. 
International Trade Commission, 500 E Street SW, Washington, DC 20436, 
telephone (202) 205-2000. General information concerning the Commission 
may also be obtained by accessing its internet server (https://www.usitc.gov). The public record for this investigation may be viewed 
on the Commission's Electronic Docket Information System (``EDIS'') 
(https://edis.usitc.gov). Hearing-impaired persons are advised that 
information on this matter can be obtained by contacting the 
Commission's TDD terminal, telephone (202) 205-1810.

SUPPLEMENTARY INFORMATION: On July 30, 2018, the Commission instituted 
this investigation based on a complaint and supplements thereto filed 
on behalf of Varidesk LLC of Coppell, Texas (``Varidesk''). 83 FR 36621 
(July 30, 2018). The complaint alleges violations of section 337 of the 
Tariff Act of 1930, as amended, 19 U.S.C. 1337, based upon the 
importation into the United States, the sale for importation, and the 
sale within the United States after importation of certain height-
adjustable desk platforms and components thereof by reason of 
infringement of one or more claims of U.S. Patent Nos. 9,113,703 (``the 
'703 patent''); 9,277,809 (``the '809 patent''); 9,554,644 (``the '644 
patent''); and 9,924,793 (``the '793 patent''). Id. The complaint 
further alleges that an industry in the United States exists as 
required by section 337. Id.
    The Commission's notice of investigation named thirty-one 
respondents: (1) Albeit LLC of San Francisco, California (``Albeit''); 
(2) ATC Supply LLC of Plainfield, Illinois (``ATC Supply''); (3) 
Shenzhen Atc Network Scienology CO., LTD. of Guangdong, China 
(``Shenzhen ATC''); (4) Best Choice Products of Ontario, California 
(``Best Choice''); (5) Huizhou Chang He Home Supplies Co., Ltd. of 
Guangdong, China (``Chang He''); (6) Dakota Trading, Inc. of Emerson, 
New Jersey (``Dakota''); (7) Designa Inc. of Guangdong, China 
(``Designa''); (8) Designa Group, Inc. of El Dorado Hills, California 
(``Designa Group''); (9) Eureka LLC of El Dorado Hills, California 
(``Eureka''); (10) LaMountain International Group LLC of Elk Grove, 
California (``LaMountain''); (11) Amazon Import Inc. of El Monte, 
California (``Amazon Imports''); (12) Hangzhou Grandix Electronics Co., 
Ltd. of Zhejiang, China (``Grandix''); (13) Ningbo GYL International 
Trading Co., Ltd. of Zhejiang, China (``Ningbo GYL''); (14) Knape & 
Vogt Manufacturing Co. of Grand Rapids, Michigan (``Knape & Vogt''); 
(15) JV Products Inc. of Milpitas, California (``JV Products''); (16) 
Vanson Distributing, Inc. of Milpitas, California (``Vanson 
Distributing''); (17) Vanson Group, Inc. of Milpitas, California 
(``Vanson Group''); (18) S.P. Richards Co. DBA Lorell of Smyrna, 
Georgia (``Lorell''); (19) Nantong Jon Ergonomic Office Co., Ltd. of 
Jiangsu, China (``Nanotong Jon''); (20) Jiangsu Omni Industrial Co., 
Ltd. of Jiangsu, China (``Jiangsu Omni''); (21) OmniMax USA, LLC of 
Anna, Texas (``OmniMax USA''); (22) Haining Orizeal Import and Export 
Co., Ltd. of Zhejiang, China (``Haining Orizeal''); (23) Qidong Vision 
Mounts Manufacturing Co., Ltd. of Jiangsu, China (``Vision Mounts''); 
(24) Hangzhou KeXiang Keji Youxiangongsi of Hangzhou, China (``Hangzhou 
KeXiang''); (25) Smugdesk, LLC of La Puente, California (``Smugdesk''); 
(26) Venditio Group, LLC of Elkton, Florida (``Venditio''); (27) Versa 
Products Inc. of Los Angeles, California (``Versa''); (28) Victor 
Technology, LLC of Bolingbrook, Illinois (``Victor''); (29) CKnapp 
Sales, Inc. DBA Vivo of Goodfield, Illinois (``Vivo''); (30) Wuhu 
Xingdian Industrial Co., Ltd. of Anhui, China (``Wuhu Xingdian''); and 
(31) Wuppessen, Inc. of Ontario, California (``Wuppessen''). Id. The 
Office of Unfair Import Investigations (``OUII'') was also named as a 
party in this investigation. Id.
    During the course of the investigation, Varidesk settled with the 
following respondents: Venditio, Jiangsu Omni, OmniMax USA, Knape & 
Vogt, Wuppessen, Victor, Versa, Designa, Designa Group, Eureka, Chang 
He, Vision Mounts, Vivo, Nanotong Jon, Best Choice, Grandix, Hangzhou 
KeXiang, Lorell, and Dakota. Order No. 7, unreviewed, Notice (Sept. 18, 
2018); Order No. 11, unreviewed, Notice (Sept. 25, 2018); Order No. 12, 
unreviewed, Notice (Oct. 4, 2018); Order No. 13,

[[Page 59417]]

unreviewed, Notice (Oct. 4, 2018); Order No. 16, unreviewed, Notice 
(Nov. 9, 2018); Order No. 18, unreviewed, Notice (Nov. 29, 2018); Order 
No. 20, unreviewed, Notice (Feb. 21, 2019); Order No. 23, unreviewed, 
Notice (Mar. 12, 2019); Order No. 25, unreviewed, Notice (Apr. 5, 
2019); Order No. 31, unreviewed, Notice (May 16, 2019). In addition, 
the investigation terminated as to LaMountain based on a consent order 
stipulation. Order No. 15, unreviewed, Notice (Oct. 22, 2018). The 
investigation has also previously terminated as to certain claims of 
each asserted patent. Order No. 30, unreviewed, Notice (May 13, 2019).
    On April 11, 2019, Varidesk moved for summary determination of a 
violation of section 337 as to the remaining eleven respondents, who 
were served with a copy of the complaint, but have not filed a response 
or participated in the investigation. On April 24, 2019, Varidesk filed 
a supplement to the motion. The remaining respondents (collectively, 
``the Non-Participating Respondents'') are (1) Albeit, (2) ATC Supply, 
(3) Shenzhen ATC, (4) Amazon Imports, (5) Ningbo GYL, (6) JV Products, 
(7) Vanson Distributing, (8) Vanson Group, (9) Haining Orizeal, (10) 
Smugdesk, and (11) Wuhu Xingdian. On April 26, 2019, OUII filed a 
response supporting Varidesk's motion in substantial part.
    On September 13, 2019, the ALJ issued Order No. 33, the subject ID, 
and his Recommended Determination (``RD'') on remedy and bonding. The 
ID grants the motion in part. Specifically, the ALJ found, inter alia, 
(1) that Varidesk established the importation requirement as to each 
Non-Participating Respondent, except for Haining Orizeal; (2) that 
Varidesk established infringement as to all accused products and all 
remaining asserted claims (claims 1-2, 4, and 10-11 of the '703 patent; 
claims 11, 16, 18, and 22-26 of the '809 patent; claims 1, 4-5, 11-12, 
26, and 33-36 of the '644 patent; and claims 20-21 and 40-50 of the 
'793 patent); and (3) that Varidesk satisfied the domestic industry 
requirement for each asserted patents. In addition, the ALJ recommended 
that the Commission issue a general exclusion order and impose a 100 
percent bond during the period of Presidential review. The ALJ also 
recommended the Commission not issue cease and desist orders directed 
to the Non-Participating Respondents.
    Having examined the record in this investigation, including the ID, 
the Commission has determined not to review the ID. Thus, the 
Commission has determined that there is a violation of section 337 as 
to Albeit, ATC Supply, Shenzhen ATC, Amazon Imports, Ningbo GYL, JV 
Products, Vanson Distributing, Vanson Group, Smugdesk, and Wuhu 
Xingdian, but not as to Haining Orizeal.
    In connection with the final disposition of this investigation, the 
Commission may (1) issue an order that could result in the exclusion of 
the subject articles from entry into the United States, and/or (2) 
issue a cease and desist order that could result in the respondent 
being required to cease and desist from engaging in unfair acts in the 
importation and sale of such articles. Accordingly, 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). In addition, if a party seeks issuance of any cease and desist 
orders, the written submissions should address that request in the 
context of recent Commission opinions, including those in Certain 
Arrowheads with Deploying Blades and Components Thereof and Packaging 
Therefor, Inv. No. 337-TA-977, Comm'n Op. (Apr. 28, 2017) and Certain 
Electric Skin Care Devices, Brushes and Chargers Therefor, and Kits 
Containing the Same, Inv. No. 337-TA-959, Comm'n Op. (Feb. 13, 2017). 
Specifically, if Complainant seeks a cease and desist order against a 
respondent, the written submissions should respond to the following 
requests:
    1. Please identify with citations to the record any information 
regarding commercially significant inventory in the United States as to 
each respondent against whom a cease and desist order is sought. If 
Complainant also relies on other significant domestic operations that 
could undercut the remedy provided by an exclusion order, identify with 
citations to the record such information as to each respondent against 
whom a cease and desist order is sought.
    2. In relation to the infringing products, please identify any 
information in the record, including allegations in the pleadings, that 
addresses the existence of any domestic inventory, any domestic 
operations, or any sales-related activity directed at the United States 
for each respondent against whom a cease and desist order is sought.
    3. Please discuss any other basis upon which the Commission could 
enter a cease and desist order.
    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 requested to submit proposed remedial 
orders for the Commission's consideration. Complainant is also 
requested to state the date that the patents expire and the HTSUS 
numbers under which the accused products are imported. Complainant is 
further requested 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 November 13, 2019. Reply submissions must be filed no later than the 
close of business on November 20, 2019. No further submissions on any 
of these issues will be permitted unless otherwise ordered by the 
Commission.

[[Page 59418]]

    Persons filing written submissions must file the original document 
electronically on or before the deadlines stated above and submit 8 
true paper copies to the Office of the Secretary by noon the next day 
pursuant to Commission Rule 210.4(f), CFR 210.4(f). Submissions should 
refer to the investigation number (``Inv. No. 337-TA-1125'') in a 
prominent place on the cover page and/or the first page. (See Handbook 
for Electronic Filing Procedures, https://www.usitc.gov/secretary/documents/handbook_on_electronic_filing.pdf). Persons with questions 
regarding filing should contact the Secretary (202-205-2000).
    Any person desiring to submit a document to the Commission in 
confidence must request confidential treatment. All such requests 
should be directed to the Secretary to the Commission and must include 
a full statement of the reasons why the Commission should grant such 
treatment. See 19 CFR 201.6. Documents for which confidential treatment 
by the Commission is properly 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, solely for cybersecurity purposes 
(all contract personnel will sign appropriate nondisclosure 
agreements). All nonconfidential 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.

    Issued: October 29, 2019.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2019-23988 Filed 11-1-19; 8:45 am]
 BILLING CODE 7020-02-P