Certain Powered Cover Plates; Commission Determination Not to Review a Remand Initial Determination; Schedule for Filing Written Submissions on Remedy, the Public Interest, and Bonding, 21457-21459 [2020-08103]
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Federal Register / Vol. 85, No. 75 / Friday, April 17, 2020 / Notices
of their written submissions by noon of
the next day; no paper copies should be
filed.
Confidential Business Information
(CBI): Any submissions that contain CBI
must also conform to the requirements
of section 201.6 of the Commission’s
Rules of Practice and Procedure (19 CFR
201.6). Section 201.6 of the Rules
requires that the cover of the document
and the individual pages be clearly
marked as to whether they are the
‘‘confidential’’ or ‘‘non-confidential’’
version, and that the CBI is clearly
identified using brackets. The
Commission will make all written
submissions, except for those (or
portions thereof) containing CBI,
available for inspection by interested
parties.
In his request letter, the USTR stated
that his office intends to make the
Commission’s report available to the
public in its entirety and asked that the
Commission not include any CBI in the
report that it delivers to the USTR.
The Commission will not include any
of the CBI submitted in the course of
this investigation in the report it sends
to the USTR. However, all information,
including CBI, submitted in 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 for
cybersecurity purposes. The
Commission will not otherwise disclose
any CBI in a manner that would reveal
the operations of the firm supplying the
information.
Summaries of Written Submissions:
The Commission intends to publish any
summaries of written submissions filed
by interested persons. Persons wishing
to have a summary of their submission
included in the report should include a
summary with their written submission,
titled ‘‘Public Summary,’’ and should
mark the summary as having been
provided for that purpose. The summary
may not exceed 500 words, should be in
MSWord format or a format that can be
easily converted to MSWord, and
should not include any CBI. The
summary will be published as provided
if it meets these requirements and is
germane to the subject matter of the
investigation. The Commission will
identify the name of the organization
furnishing the summary and will
include a link to the Commission’s
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Electronic Document Information
System (EDIS) where the full written
submission can be found.
By order of the Commission.
Issued: April 13, 2020.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2020–08102 Filed 4–16–20; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation Nos. 701–TA–620 and 731–
TA–1445 (Final)]
Wooden Cabinets and Vanities From
China
Determinations
On the basis of the record 1 developed
in the subject investigations, the United
States International Trade Commission
(‘‘Commission’’) determines, pursuant
to the Tariff Act of 1930 (‘‘the Act’’),
that an industry in the United States is
materially injured by reason of imports
of wooden cabinets and vanities from
China, provided for in subheadings
9403.40.90, 9403.60.80, and 9403.90.70
of the Harmonized Tariff Schedule of
the United States, that have been found
by the U.S. Department of Commerce
(‘‘Commerce’’) to be sold in the United
States at less than fair value (‘‘LTFV’’),
and to be subsidized by the government
of China.
Background
The Commission instituted these
investigations effective March 6, 2019,
following receipt of petitions filed with
the Commission and Commerce by the
American Kitchen Cabinet Alliance. The
final phase of these investigations was
scheduled by the Commission following
notification of preliminary
determinations by Commerce that
imports of wooden cabinets and vanities
from China were subsidized within the
meaning of section 703(b) of the Act (19
U.S.C. 1671b(b)) and sold at LTFV
within the meaning of 733(b) of the Act
(19 U.S.C. 1673b(b)). Notice of the
scheduling of the final phase of the
Commission’s investigations and of a
public hearing to be held in connection
therewith was given by posting copies
of the notice in the Office of the
Secretary, U.S. International Trade
Commission, Washington, DC, and by
publishing the notice in the Federal
Register on October 24, 2019 (84 FR
57050). The hearing was held in
1 The record is defined in sec. 207.2(f) of the
Commission’s Rules of Practice and Procedure (19
CFR 207.2(f)).
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Washington, DC, on February 20, 2020,
and all persons who requested the
opportunity were permitted to appear in
person or by counsel.
The Commission made these
determinations pursuant to sections
705(b) and 735(b) of the Act (19 U.S.C.
1671d(b) and 19 U.S.C. 1673d(b)). It
completed and filed its determinations
in these investigations on April 13,
2020. The views of the Commission are
contained in USITC Publication 5042
(April 2020), entitled Wooden Cabinets
and Vanities from China: Investigation
Nos. 701–TA–620 and 731–TA–1445
(Final).
By order of the Commission.
Issued: April 13, 2020.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2020–08091 Filed 4–16–20; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–1124]
Certain Powered Cover Plates;
Commission Determination Not to
Review a Remand Initial
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 has determined not to
review a remand initial determination
(‘‘RID’’) issued by the presiding
administrative law judge (‘‘ALJ’’) in the
above-captioned investigation granting a
motion for summary determination
regarding whether certain redesigns
infringe the asserted patents. The
Commission requests briefing from the
parties, interested government agencies,
and interested persons on the issues of
remedy, the public interest, and
bonding.
FOR FURTHER INFORMATION CONTACT:
Michael Liberman, Esq., Office of the
General Counsel, U.S. International
Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202)
205–3115. 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
SUMMARY:
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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 the investigation
on July 23, 2018, based on a complaint
filed by SnapRays, LLC d/b/a
SnapPower of Vineyard, UT
(‘‘SnapPower,’’ or Complainant). 83 FR
34871 (July 23, 2018). The complaint, as
supplemented, alleges a violation of
section 337 of the Tariff Act of 1930, as
amended, 19 U.S.C. 1337 (‘‘section
337’’), based upon the importation into
the United States, the sale for
importation, and the sale within the
United States after importation of
certain powered cover plates by reason
of infringement of certain claims of U.S.
Patent Nos. 9,871,324 (‘‘the ’324
patent’’); 9,882,361 (‘‘the ’361 patent’’);
9,917,430 (‘‘the ’430 patent’’); and U.S.
Design Patent No. D819,426 (‘‘the
Design Patent,’’ or ‘‘the ’D426 patent’’)
(collectively, ‘‘the Asserted Patents’’).
Id. at 34872. The notice of investigation
named thirteen respondents: (1) Ontel
Products Corporation of Fairfield, New
Jersey; (2) Dazone, LLC of Ontario,
Canada; (3) Shenzhen C-Myway of
Shenzhen, Guangdong, China; (4) EZshop4u LLC of Howey in the Hills,
Florida; (5) Desteny Store of Fort
Meyers, Florida; (6) Zhongshan Led-Up
Light Co., Ltd. of Zhongshan,
Guangdong, China; (7) AllTrade Tools
LLC of Cypress, California; (8)
Guangzhou Sailu Info Tech. Co., Ltd. of
Guangzhou, Gunagdong, China; (9)
Zhejiang New-Epoch Communication
Industry Co., Ltd. of Yueging, Zhejiang,
China; (10) KCC Industries of Eastvale,
California; (11) Vistek Technology Co.,
Ltd. of Fuyong, Baoan, Shenzhen, China
(‘‘Vistek’’); (12) Enstant Technology Co.,
Ltd. of Xixiang Baoan District,
Shenzhen, China (‘‘Enstant’’); and (13)
Manufacturers Components
Incorporated of Pompano Beach,
Florida. Id. The Commission’s Office of
Unfair Import Investigations (‘‘OUII’’)
was also named as a party.
The Commission previously
terminated the investigation as to, or
found in default, all named respondents
except Enstant and Vistek. Order No. 5
(Sept. 26, 2018), non-reviewed Notice
(Oct. 29, 2018); Order No. 6 (Sept. 26,
2018), non-reviewed Notice (Oct. 29,
2018); Order No. 8 (Sept. 28, 2018), non-
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reviewed Notice (Oct. 23, 2018); Order
No. 12 (Oct. 2, 2018), non-reviewed
Notice (Nov. 27, 2018); Order No. 18
(Nov. 28, 2018), non-reviewed Notice
(Dec. 21, 2018); Order, No. 36 (Apr. 11,
2019), non-reviewed Notice (May 8,
2019).
On August 12, 2019, the ALJ issued
her ‘‘Initial Determination on Violation
of Section 337 and Recommended
Determination on Remedy and Bond,’’
finding a violation of section 337. The
final ID found that a violation of section
337 occurred in the importation into the
United States, the sale for importation,
or the sale within the United States after
importation, of certain powered cover
plates that infringe the asserted claims
of the ’361 patent by Enstant and Vistek
(collectively, ‘‘Enstant/Vistek,’’ or
‘‘Enstant’’). See id. at 125–26.
The final ID noted that ‘‘Respondents
Enstant and Vistek filed a motion for
summary determination of noninfringement (‘Redesign SD Motion’) of
[the ’361 patent] by Redesign Models
P001 (Smart Wall Plate Charger, Decor
Outlet, with USB charger) and P002
(Smart Wall Plate Charger, Duplex
Outlet with USB charger).’’ Final ID at
14. In the Redesign SD Motion, Enstant
sought summary determination that
powered cover plate model numbers
P001 and P002 (‘‘Enstant’s Redesigns’’)
do not infringe claims 1, 3–4, 10, 14, 17,
21, and 23–24 of the ’361 patent.
Redesign SD Motion at 16. The final ID
found, however, that ‘‘Enstant’s and
Vistek’s Redesign SD Motion was
effectively rendered moot by rulings on
Motions in Limine . . . .’’ Id.
On October 11, 2019, the Commission
determined to review in part and to
remand the investigation to the ALJ for
a remand initial determination (‘‘RID’’)
to address the final ID’s finding that
Enstant/Vistek’s Redesign SD Motion is
moot. 84 FR 55985–86 (October 18,
2019). The Commission issued an
‘‘Order: Remand of a Final Initial
Determination In Part’’ directing the ALJ
to expeditiously issue an RID as to this
finding and to ‘‘extend the target date
for termination of the investigation by
ID pursuant to 19 CFR 210.51(a)(1) to
three months after the issuance of the
RID.’’ Commission Order at 5 (October
11, 2019).
On January 30, 2020, the ALJ issued
the subject RID granting Enstant’s
Redesign SD Motion. The ALJ found
that Enstant’s Redesigns are properly at
issue in this investigation because (1)
Enstant’s Redesigns are within the scope
of this investigation and within the
Commission’s jurisdiction, RID at 10–
12; (2) Enstant’s Redesigns are fixed in
design and not ‘‘hypothetical,’’ RID at
12–13; and (3) the parties exchanged
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discovery regarding the Redesigns, RID
at 13–15. The ALJ also found that there
is no dispute that Enstant’s Redesigns
do not infringe claims 1, 3–4, 10, 14, 17,
21, and 23–24 of the ’361 patent—the
only patent asserted against Enstant’s
Redesigns. RID at 15–20. No party
petitioned for review of the RID.
The Commission has determined not
to review the subject RID.
In connection with the final
disposition of this investigation, the
statute authorizes issuance of: (1) An
exclusion order that could result in the
exclusion of the subject articles from
entry into the United States, and/or (2)
one or more cease and desist orders that
could result in the respondents 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 are 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
(Dec. 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,
please 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
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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.
The statute requires the Commission
to consider the effects of that remedy
upon the public interest. The public
interest 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,
disapprove, or take no action on 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
initial written submissions should
include views on the recommended
determination on remedy and bonding
issued on August 12, 2019, by the ALJ.
In its initial written submission,
Complainant is also requested to
identify the form of the remedy sought
and to submit proposed remedial orders
for the Commission’s consideration.
Complainant is also requested to state
the expiration date of the ’324, ’361,
’430, and ’D426 patents, the HTSUS
subheadings under which the accused
articles are imported, and to supply
identification information for all known
importers of the accused products.
Initial written submissions, including
proposed remedial orders must be filed
no later than the close of business on
March 30, 2020. Reply submissions
must be filed no later than the close of
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18:19 Apr 16, 2020
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business on April 6, 2020. No further
submissions on these issues will be
permitted unless otherwise ordered by
the Commission.
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 section
210.4(f) of the Commission’s Rules of
Practice and Procedure (19 CFR
210.4(f)). Submissions should refer to
the investigation number (‘‘Inv. No.
337–TA–1124’’) in a prominent place on
the cover page and/or the first page. (See
Handbook for Electronic Filing
Procedures, https://www.usitc.gov/
documents/handbook_on_filing_
procedures.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. 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 non-confidential
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.
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21459
Issued: March 11, 2020.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2020–08103 Filed 4–16–20; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 332–576]
COVID–19 Related Goods: U.S. Imports
and Tariffs; Institution of Investigation
United States International
Trade Commission.
ACTION: Notice of investigation.
AGENCY:
Following receipt on April 7,
2020, of a request from the House
Committee on Ways and Means and the
Senate Committee on Finance (the
Committees), under section 332(g) of the
Tariff Act of 1930, the U.S. International
Trade Commission (Commission)
instituted Investigation No. 332–576,
COVID–19 Related Goods: U.S. Imports
and Tariffs, for the purpose of providing
a report that identifies imported goods
related to the response to COVID–19,
their source countries, tariff
classifications, and applicable rates of
duty.
DATES:
April 30, 2020: Date by which the
Commission will transmit the report to
the Committees.
June 30, 2020: Date through which the
Commission will provide updated data
runs to the Committees.
ADDRESSES: All Commission offices,
including the Commission’s hearing
rooms, are located in the U.S.
International Trade Commission
Building, 500 E Street SW, Washington,
DC. The public record for this
investigation may be viewed on the
Commission’s electronic docket (EDIS)
at https://edis.usitc.gov.
FOR FURTHER INFORMATION CONTACT:
Project Leader Mihir Torsekar (202–
205–3350 or Mihir.Torsekar@usitc.gov)
or Project Leader Andrew David (202–
205–3368 or Andrew.David@usitc.gov)
for information specific to this
investigation. For information on the
legal aspects of this investigation,
contact William Gearhart of the
Commission’s Office of the General
Counsel (202–205–3091 or
william.gearhart@usitc.gov). The media
should contact Margaret O’Laughlin,
Office of External Relations (202–205–
1819 or margaret.olaughlin@usitc.gov).
Hearing-impaired individuals may
obtain information on this matter by
contacting the Commission’s TDD
terminal at 202–205–1810. General
SUMMARY:
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]]>Agencies
[Federal Register Volume 85, Number 75 (Friday, April 17, 2020)]
[Notices]
[Pages 21457-21459]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-08103]
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1124]
Certain Powered Cover Plates; Commission Determination Not to
Review a Remand Initial 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 has determined not to review a remand initial determination
(``RID'') issued by the presiding administrative law judge (``ALJ'') in
the above-captioned investigation granting a motion for summary
determination regarding whether certain redesigns infringe the asserted
patents. The Commission requests briefing from the parties, interested
government agencies, and interested persons on the issues of remedy,
the public interest, and bonding.
FOR FURTHER INFORMATION CONTACT: Michael Liberman, Esq., Office of the
General Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202) 205-3115. 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
[[Page 21458]]
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 the investigation
on July 23, 2018, based on a complaint filed by SnapRays, LLC d/b/a
SnapPower of Vineyard, UT (``SnapPower,'' or Complainant). 83 FR 34871
(July 23, 2018). The complaint, as supplemented, alleges a violation of
section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337
(``section 337''), based upon the importation into the United States,
the sale for importation, and the sale within the United States after
importation of certain powered cover plates by reason of infringement
of certain claims of U.S. Patent Nos. 9,871,324 (``the '324 patent'');
9,882,361 (``the '361 patent''); 9,917,430 (``the '430 patent''); and
U.S. Design Patent No. D819,426 (``the Design Patent,'' or ``the 'D426
patent'') (collectively, ``the Asserted Patents''). Id. at 34872. The
notice of investigation named thirteen respondents: (1) Ontel Products
Corporation of Fairfield, New Jersey; (2) Dazone, LLC of Ontario,
Canada; (3) Shenzhen C-Myway of Shenzhen, Guangdong, China; (4) E-
Zshop4u LLC of Howey in the Hills, Florida; (5) Desteny Store of Fort
Meyers, Florida; (6) Zhongshan Led-Up Light Co., Ltd. of Zhongshan,
Guangdong, China; (7) AllTrade Tools LLC of Cypress, California; (8)
Guangzhou Sailu Info Tech. Co., Ltd. of Guangzhou, Gunagdong, China;
(9) Zhejiang New-Epoch Communication Industry Co., Ltd. of Yueging,
Zhejiang, China; (10) KCC Industries of Eastvale, California; (11)
Vistek Technology Co., Ltd. of Fuyong, Baoan, Shenzhen, China
(``Vistek''); (12) Enstant Technology Co., Ltd. of Xixiang Baoan
District, Shenzhen, China (``Enstant''); and (13) Manufacturers
Components Incorporated of Pompano Beach, Florida. Id. The Commission's
Office of Unfair Import Investigations (``OUII'') was also named as a
party.
The Commission previously terminated the investigation as to, or
found in default, all named respondents except Enstant and Vistek.
Order No. 5 (Sept. 26, 2018), non-reviewed Notice (Oct. 29, 2018);
Order No. 6 (Sept. 26, 2018), non-reviewed Notice (Oct. 29, 2018);
Order No. 8 (Sept. 28, 2018), non-reviewed Notice (Oct. 23, 2018);
Order No. 12 (Oct. 2, 2018), non-reviewed Notice (Nov. 27, 2018); Order
No. 18 (Nov. 28, 2018), non-reviewed Notice (Dec. 21, 2018); Order, No.
36 (Apr. 11, 2019), non-reviewed Notice (May 8, 2019).
On August 12, 2019, the ALJ issued her ``Initial Determination on
Violation of Section 337 and Recommended Determination on Remedy and
Bond,'' finding a violation of section 337. The final ID found that a
violation of section 337 occurred in the importation into the United
States, the sale for importation, or the sale within the United States
after importation, of certain powered cover plates that infringe the
asserted claims of the '361 patent by Enstant and Vistek (collectively,
``Enstant/Vistek,'' or ``Enstant''). See id. at 125-26.
The final ID noted that ``Respondents Enstant and Vistek filed a
motion for summary determination of non-infringement (`Redesign SD
Motion') of [the '361 patent] by Redesign Models P001 (Smart Wall Plate
Charger, Decor Outlet, with USB charger) and P002 (Smart Wall Plate
Charger, Duplex Outlet with USB charger).'' Final ID at 14. In the
Redesign SD Motion, Enstant sought summary determination that powered
cover plate model numbers P001 and P002 (``Enstant's Redesigns'') do
not infringe claims 1, 3-4, 10, 14, 17, 21, and 23-24 of the '361
patent. Redesign SD Motion at 16. The final ID found, however, that
``Enstant's and Vistek's Redesign SD Motion was effectively rendered
moot by rulings on Motions in Limine . . . .'' Id.
On October 11, 2019, the Commission determined to review in part
and to remand the investigation to the ALJ for a remand initial
determination (``RID'') to address the final ID's finding that Enstant/
Vistek's Redesign SD Motion is moot. 84 FR 55985-86 (October 18, 2019).
The Commission issued an ``Order: Remand of a Final Initial
Determination In Part'' directing the ALJ to expeditiously issue an RID
as to this finding and to ``extend the target date for termination of
the investigation by ID pursuant to 19 CFR 210.51(a)(1) to three months
after the issuance of the RID.'' Commission Order at 5 (October 11,
2019).
On January 30, 2020, the ALJ issued the subject RID granting
Enstant's Redesign SD Motion. The ALJ found that Enstant's Redesigns
are properly at issue in this investigation because (1) Enstant's
Redesigns are within the scope of this investigation and within the
Commission's jurisdiction, RID at 10-12; (2) Enstant's Redesigns are
fixed in design and not ``hypothetical,'' RID at 12-13; and (3) the
parties exchanged discovery regarding the Redesigns, RID at 13-15. The
ALJ also found that there is no dispute that Enstant's Redesigns do not
infringe claims 1, 3-4, 10, 14, 17, 21, and 23-24 of the '361 patent--
the only patent asserted against Enstant's Redesigns. RID at 15-20. No
party petitioned for review of the RID.
The Commission has determined not to review the subject RID.
In connection with the final disposition of this investigation, the
statute authorizes issuance of: (1) An exclusion order that could
result in the exclusion of the subject articles from entry into the
United States, and/or (2) one or more cease and desist orders that
could result in the respondents 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 are
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 (Dec. 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,
please 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
[[Page 21459]]
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.
The statute requires the Commission to consider the effects of that
remedy upon the public interest. The public interest 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,
disapprove, or take no action on 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 initial written submissions should include views on
the recommended determination on remedy and bonding issued on August
12, 2019, by the ALJ.
In its initial written submission, Complainant is also requested to
identify the form of the remedy sought and to submit proposed remedial
orders for the Commission's consideration. Complainant is also
requested to state the expiration date of the '324, '361, '430, and
'D426 patents, the HTSUS subheadings under which the accused articles
are imported, and to supply identification information for all known
importers of the accused products. Initial written submissions,
including proposed remedial orders must be filed no later than the
close of business on March 30, 2020. Reply submissions must be filed no
later than the close of business on April 6, 2020. No further
submissions on these issues will be permitted unless otherwise ordered
by the Commission.
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 section 210.4(f) of the Commission's Rules of Practice and
Procedure (19 CFR 210.4(f)). Submissions should refer to the
investigation number (``Inv. No. 337-TA-1124'') in a prominent place on
the cover page and/or the first page. (See Handbook for Electronic
Filing Procedures, https://www.usitc.gov/documents/handbook_on_filing_procedures.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. 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 non-confidential 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: March 11, 2020.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2020-08103 Filed 4-16-20; 8:45 am]
BILLING CODE 7020-02-P
