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]
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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
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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.
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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
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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]
-----------------------------------------------------------------------
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
