Certain Child Carriers and Components Thereof Commission Determination To Review in Part a Final Initial Determination Finding No Violation of Section 337; Termination of the Investigation, 29484-29485 [2020-10419]

Download as PDF 29484 Federal Register / Vol. 85, No. 95 / Friday, May 15, 2020 / Notices factual information) on Commerce’s final results is three business days after the issuance of Commerce’s results. If comments contain business proprietary information (BPI), they must conform with the requirements of sections 201.6, 207.3, and 207.7 of the Commission’s rules. The Commission’s rules with respect to filing were revised effective July 25, 2014. See 79 FR 35920 (June 25, 2014). The Commission’s Handbook on Filing Procedures, available on the Commission’s website at https:// www.usitc.gov/documents/handbook_ on_filing_procedures.pdf, elaborates upon the Commission’s procedures with respect to filings. In accordance with sections 201.16(c) and 207.3 of the rules, each document filed by a party to the reviews must be served on all other parties to the reviews (as identified by either the public or BPI service list), and a certificate of service must be timely filed. The Secretary will not accept a document for filing without a certificate of service. Determination.—The Commission has determined these reviews are extraordinarily complicated and therefore has determined to exercise its authority to extend the review period by up to 90 days pursuant to 19 U.S.C. 1675(c)(5)(B). Authority: These reviews are being conducted under authority of title VII of the Tariff Act of 1930; this notice is published pursuant to section 207.62 of the Commission’s rules. By order of the Commission. Issued: May 12, 2020. Lisa Barton, Secretary to the Commission. [FR Doc. 2020–10479 Filed 5–14–20; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation Nos. 701–TA–644 and 731– TA–1494 (Preliminary)] jbell on DSKJLSW7X2PROD with NOTICES Non-Refillable Steel Cylinders 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 there is a reasonable indication that an industry in the United States is materially injured by reason of imports of non-refillable steel cylinders from China, provided for in subheadings 7310.29.00 and 7311.00.00 of the 1 The record is defined in sec. 207.2(f) of the Commission’s Rules of Practice and Procedure (19 CFR 207.2(f)). VerDate Sep<11>2014 17:09 May 14, 2020 Jkt 250001 Harmonized Tariff Schedule of the United States, that are alleged to be sold in the United States at less than fair value (‘‘LTFV’’) and to be subsidized by the government of China.2 Commencement of Final Phase Investigations Pursuant to section 207.18 of the Commission’s rules, the Commission also gives notice of the commencement of the final phase of its investigations. The Commission will issue a final phase notice of scheduling, which will be published in the Federal Register as provided in section 207.21 of the Commission’s rules, upon notice from the U.S. Department of Commerce (‘‘Commerce’’) of affirmative preliminary determinations in the investigations under sections 703(b) or 733(b) of the Act, or, if the preliminary determinations are negative, upon notice of affirmative final determinations in those investigations under sections 705(a) or 735(a) of the Act. Parties that filed entries of appearance in the preliminary phase of the investigations need not enter a separate appearance for the final phase of the investigations. Industrial users, and, if the merchandise under investigation is sold at the retail level, representative consumer organizations have the right to appear as parties in Commission antidumping and countervailing duty investigations. The Secretary will prepare a public service list containing the names and addresses of all persons, or their representatives, who are parties to the investigations. Background On March 27, 2020, Worthington Industries, Columbus, Ohio, filed petitions with the Commission and Commerce, alleging that an industry in the United States is materially injured or threatened with material injury by reason of subsidized and LTFV imports of non-refillable steel cylinders from China. Accordingly, effective March 27, 2020, the Commission instituted countervailing duty investigation No. 701–TA–644 and antidumping duty investigation No. 731–TA–1494 (Preliminary). Notice of the institution of the Commission’s investigations and of a conference through written testimony 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 of April 2, 2020 (85 FR 18587). In light of the 2 85 PO 00000 FR 22402 and 85 FR 22407 (April 22, 2020). Frm 00093 Fmt 4703 Sfmt 4703 restrictions on access to the Commission building due to the COVID–19 pandemic, the Commission conducted its conference through written questions, submissions of opening remarks and written testimony, written responses to questions, and postconference briefs. All persons who requested the opportunity were permitted to participate. The Commission made these determinations pursuant to sections 703(a) and 733(a) of the Act (19 U.S.C. 1671b(a) and 1673b(a)). It completed and filed its determinations in these investigations on May 11, 2020. The views of the Commission are contained in USITC Publication 5057 (May 2020), entitled Non-Refillable Steel Cylinders from China: Investigation Nos. 701–TA– 644 and 731–TA–1494 (Preliminary). By order of the Commission. Issued: May 11, 2020. Lisa Barton, Secretary to the Commission. [FR Doc. 2020–10420 Filed 5–14–20; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–1154] Certain Child Carriers and Components Thereof Commission Determination To Review in Part a Final Initial Determination Finding No Violation of Section 337; Termination of the Investigation U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that the U.S. International Trade Commission (the ‘‘Commission’’) has determined to review in part, and on review, to affirm, the final initial determination (‘‘FID’’) of the administrative law judge (‘‘ALJ’’) finding no violation of section 337 of the Tariff Act of 1930, as amended (‘‘section 337’’), in connection with the asserted patent. The investigation is terminated. FOR FURTHER INFORMATION CONTACT: Lynde Herzbach, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone (202) 205–3228. Copies of non-confidential documents filed in connection with this investigation may be viewed on the Commission’s electronic docket (EDIS) at https://edis.usitc.gov. For help accessing EDIS, please email EDIS3Help@usitc.gov. General SUMMARY: E:\FR\FM\15MYN1.SGM 15MYN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 85, No. 95 / Friday, May 15, 2020 / Notices information concerning the Commission may also be obtained by accessing its internet server at https://www.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: The Commission instituted this investigation on April 10, 2019, based on a complaint filed by LILLEbaby LLC of Golden, Colorado (‘‘LILLEbaby’’). 84 FR 14393– 94 (April 10, 2019). The complaint alleges violations of section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), in the importation into the United States, in the sale for importation, or the sale within the United States after importation of certain child carriers and components thereof, by reason of the infringement of certain claims of U.S. Patent Nos. 8,172,116 (‘‘the ’116 patent’’) and 8,424,732 (‘‘the ’732 patent’’). Id. The notice of investigation names twentyseven respondents, including The Ergo Baby Carrier Inc. of Los Angeles, CA (‘‘Ergo’’); Blue Box OpCo LLC d/b/a Infantino of San Diego, CA (‘‘Infantino’’); Baby Tula LLC a/k/a New Baby Tula LLC of San Diego, CA (‘‘Baby Tula’’); BabyBjorn AB of Lanna, Sweden and BabyBjorn Inc. of New York, NY; BabySwede LLC of Cleveland, OH; Boba Inc. d/b/a Beco Baby Carrier of Boulder, CO; ByKay BV of Wijchen, The Netherlands (‘‘ByKay’’); Artsana USA, Inc. f/k/a Chicco USA Inc. of Lancaster, PA; Cybex GmbH of Bayreuth, Germany; Columbus Trading Partners USA, Inc. of Boston, MA; Jonobaby Babytragen of Potsdam, Germany (‘‘Jonobaby’’); Mountain Buggy USA a/k/a Phil & Teds USA Inc. of Fort Collins, CO; Stokke AS of Alesund, Norway and Stokke LLC of Stamford, CT; Quanzhou Mingrui Bags Co. Ltd. of Quanzhou, China (‘‘Mingrui’’); Britax Child Safety, Inc. of Fort Mill, SC; and Wuxi Kangarouse Trading Co. Ltd. Enterprises d/b/a Kangarouse of Wuxi, China; Kokadi GmbH & Co. KG of Munich, Germany; Minimonkey BV of Amsterdam, The Netherlands; Soul US Inc. of Bangalore, India; Isara, Deneris Trade SRL of Floresti, Romania; Lenny Lamb Sp. Zo.o. Sp. K of Warsaw, Poland; L’Echarpe Porte Bonheur, Inc. d/b/a Chimparoo of Boucherville, Canada; Tingtao Sunveno Co., Ltd. of Shandong, China; Jing Jiang Dimarco Packaging & Gifts Co. of Jingjiang Jiangsu, China; and Jiangsu Matrix Textile Co., Ltd. of Jingjiang, Jiangsu, China (collectively, ‘‘Defaulting Respondents’’). Id. The Office of Unfair Import Investigations (‘‘OUII’’) is also named as a party. Id. VerDate Sep<11>2014 18:25 May 14, 2020 Jkt 250001 The Commission terminated eleven participating respondents from the investigation based upon settlement or consent order. Order No. 12 (May 30, 2019), not rev’d, Notice (June 18, 2019); Order No. 17 (July 18, 2019), not rev’d, Notice (Aug. 12, 2019); Order No. 18 (July 18, 2019), not rev’d, Notice (Aug. 12, 2019); Order No. 21 (Aug. 13, 2019), not rev’d, Notice (Sept. 13, 2019); Order No. 22 (Aug. 23, 2019), not rev’d, Notice (Sept. 17, 2019); Order No. 23 (Aug. 29, 2019), not rev’d, Notice (Sept. 17, 2019); Order No. 25 (Sept. 6, 2019), not rev’d, Notice (Oct. 1, 2019); Order No. 33 (Nov. 9, 2019), not rev’d, Notice (Dec. 18, 2019). The Commission found ten non-participating Defaulting Respondents in default. Order No. 38 (Dec. 3, 2019), not rev’d, Notice (Dec. 20, 2019). For one non-participating respondent, Mingrui, the ALJ denied LILLEbaby’s motion to show cause as to why that respondent should not be held in default due to LILLEbaby’s failure to show adequate service. Order No. 29 (Oct. 28, 2019). On January 30, 2020, LILLEbaby filed a motion to terminate respondents Jonobaby and ByKay on the basis of settlement. The subject FID grants the pending motion. See FID. The remaining respondents are Baby Tula, Ergo, Infantino (collectively, ‘‘Active Respondents’’), and Mingrui. The Commission terminated the ’732 patent from the investigation as to all respondents based on LILLEbaby’s partial withdrawal of the complaint. Order No. 39 (Dec. 4, 2019), not rev’d, Notice (Dec. 20, 2019). The Commission also terminated claims 1, 2, 5–7, 9, 11, 14–16, 19, 20, 23, 24, and 25 of the ’116 patent as to all respondents based on LILLEbaby’s partial withdrawal of the complaint. Order No. 31 (Nov. 12, 2019), not rev’d, Notice (Dec. 10, 2019); Order No. 41 (Dec. 18, 2019), not rev’d, Notice (Jan. 16, 2020). Claim 18 of the, ’116 patent remains at issue. On November 6, 2019, Active Respondents filed a motion to terminate the investigation for alleged lack of standing by LILLEbaby. On March 10, 2020, the ALJ issued the subject FID finding no violation of section 337 with respect to the ’116 patent. See FID. The subject FID denies Active Respondents’ motion to terminate for alleged lack of standing. See id. at 28. The subject FID also includes the ALJ’s recommendations that, if a violation was found, then the Commission should issue a limited exclusion order and cease and desist orders as to Active Respondents. On March 23, 2020, Active Respondents filed a contingent petition PO 00000 Frm 00094 Fmt 4703 Sfmt 4703 29485 for review of the FID. On March 31, 2020, OUII filed a response to Active Respondents’ petition. LILLEbaby did not file a petition for review or a response to Respondents’ petition, thus abandoning all issues decided adversely to it. See 19 CFR 210.43(b)(4). Having reviewed the record of this investigation, including the FID and Respondents’ contingent petition, the Commission has determined to review the FID in part. Specifically, the Commission has determined to review and, on review, take no position regarding the FID’s finding that claim 18 of the ’116 patent is not obvious based on the prior art Hibiscus Carrier (RPX– 0006) alone or in combination with the prior art Pikkolo Carrier (RPX–0005) or U.S. Patent Publ. No. 2005/0051582 (RX–0368) to Frost. The Commission has also determined to review, and on review, take no position on the FID’s findings that claim 18 of the ’116 patent is unenforceable for inequitable conduct during prosecution of the patent application. Further, the Commission has determined to review, and on review, take no position on the FID’s findings that LILLEbaby has satisfied the economic prong of the domestic industry requirement with respect to the ’116 patent under subsections 337(a)(3)(B) and (C) (19 U.S.C. 1337(a)(3)(B), (C)). The Commission has determined not to review the remainder of the FID. Accordingly, the Commission finds no violation of section 337 based on the FID’s findings that Active Respondents do not infringe claim 18 of the ’116 patent, and claim 18 of the ’116 patent is invalid as anticipated by and obvious in view of U.S. Patent No. 4,986,458 to Linday. The investigation is terminated. The Commission vote for these determinations took place on May 11, 2020. 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: May 11, 2020. Lisa Barton, Secretary to the Commission. [FR Doc. 2020–10419 Filed 5–14–20; 8:45 am] BILLING CODE 7020–02–P E:\FR\FM\15MYN1.SGM 15MYN1

Agencies

[Federal Register Volume 85, Number 95 (Friday, May 15, 2020)]
[Notices]
[Pages 29484-29485]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-10419]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1154]


Certain Child Carriers and Components Thereof Commission 
Determination To Review in Part a Final Initial Determination Finding 
No Violation of Section 337; Termination of the Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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

SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission (the ``Commission'') has determined to review in part, and 
on review, to affirm, the final initial determination (``FID'') of the 
administrative law judge (``ALJ'') finding no violation of section 337 
of the Tariff Act of 1930, as amended (``section 337''), in connection 
with the asserted patent. The investigation is terminated.

FOR FURTHER INFORMATION CONTACT: Lynde Herzbach, Office of the General 
Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone (202) 205-3228. Copies of non-
confidential documents filed in connection with this investigation may 
be viewed on the Commission's electronic docket (EDIS) at https://edis.usitc.gov. For help accessing EDIS, please email 
[email protected]. General

[[Page 29485]]

information concerning the Commission may also be obtained by accessing 
its internet server at https://www.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: The Commission instituted this investigation 
on April 10, 2019, based on a complaint filed by LILLEbaby LLC of 
Golden, Colorado (``LILLEbaby''). 84 FR 14393-94 (April 10, 2019). The 
complaint alleges violations of section 337 of the Tariff Act of 1930, 
as amended (19 U.S.C. 1337), in the importation into the United States, 
in the sale for importation, or the sale within the United States after 
importation of certain child carriers and components thereof, by reason 
of the infringement of certain claims of U.S. Patent Nos. 8,172,116 
(``the '116 patent'') and 8,424,732 (``the '732 patent''). Id. The 
notice of investigation names twenty-seven respondents, including The 
Ergo Baby Carrier Inc. of Los Angeles, CA (``Ergo''); Blue Box OpCo LLC 
d/b/a Infantino of San Diego, CA (``Infantino''); Baby Tula LLC a/k/a 
New Baby Tula LLC of San Diego, CA (``Baby Tula''); BabyBjorn AB of 
Lanna, Sweden and BabyBjorn Inc. of New York, NY; BabySwede LLC of 
Cleveland, OH; Boba Inc. d/b/a Beco Baby Carrier of Boulder, CO; ByKay 
BV of Wijchen, The Netherlands (``ByKay''); Artsana USA, Inc. f/k/a 
Chicco USA Inc. of Lancaster, PA; Cybex GmbH of Bayreuth, Germany; 
Columbus Trading Partners USA, Inc. of Boston, MA; Jonobaby Babytragen 
of Potsdam, Germany (``Jonobaby''); Mountain Buggy USA a/k/a Phil & 
Teds USA Inc. of Fort Collins, CO; Stokke AS of Alesund, Norway and 
Stokke LLC of Stamford, CT; Quanzhou Mingrui Bags Co. Ltd. of Quanzhou, 
China (``Mingrui''); Britax Child Safety, Inc. of Fort Mill, SC; and 
Wuxi Kangarouse Trading Co. Ltd. Enterprises d/b/a Kangarouse of Wuxi, 
China; Kokadi GmbH & Co. KG of Munich, Germany; Minimonkey BV of 
Amsterdam, The Netherlands; Soul US Inc. of Bangalore, India; Isara, 
Deneris Trade SRL of Floresti, Romania; Lenny Lamb Sp. Zo.o. Sp. K of 
Warsaw, Poland; L'Echarpe Porte Bonheur, Inc. d/b/a Chimparoo of 
Boucherville, Canada; Tingtao Sunveno Co., Ltd. of Shandong, China; 
Jing Jiang Dimarco Packaging & Gifts Co. of Jingjiang Jiangsu, China; 
and Jiangsu Matrix Textile Co., Ltd. of Jingjiang, Jiangsu, China 
(collectively, ``Defaulting Respondents''). Id. The Office of Unfair 
Import Investigations (``OUII'') is also named as a party. Id.
    The Commission terminated eleven participating respondents from the 
investigation based upon settlement or consent order. Order No. 12 (May 
30, 2019), not rev'd, Notice (June 18, 2019); Order No. 17 (July 18, 
2019), not rev'd, Notice (Aug. 12, 2019); Order No. 18 (July 18, 2019), 
not rev'd, Notice (Aug. 12, 2019); Order No. 21 (Aug. 13, 2019), not 
rev'd, Notice (Sept. 13, 2019); Order No. 22 (Aug. 23, 2019), not 
rev'd, Notice (Sept. 17, 2019); Order No. 23 (Aug. 29, 2019), not 
rev'd, Notice (Sept. 17, 2019); Order No. 25 (Sept. 6, 2019), not 
rev'd, Notice (Oct. 1, 2019); Order No. 33 (Nov. 9, 2019), not rev'd, 
Notice (Dec. 18, 2019). The Commission found ten non-participating 
Defaulting Respondents in default. Order No. 38 (Dec. 3, 2019), not 
rev'd, Notice (Dec. 20, 2019). For one non-participating respondent, 
Mingrui, the ALJ denied LILLEbaby's motion to show cause as to why that 
respondent should not be held in default due to LILLEbaby's failure to 
show adequate service. Order No. 29 (Oct. 28, 2019).
    On January 30, 2020, LILLEbaby filed a motion to terminate 
respondents Jonobaby and ByKay on the basis of settlement. The subject 
FID grants the pending motion. See FID. The remaining respondents are 
Baby Tula, Ergo, Infantino (collectively, ``Active Respondents''), and 
Mingrui.
    The Commission terminated the '732 patent from the investigation as 
to all respondents based on LILLEbaby's partial withdrawal of the 
complaint. Order No. 39 (Dec. 4, 2019), not rev'd, Notice (Dec. 20, 
2019). The Commission also terminated claims 1, 2, 5-7, 9, 11, 14-16, 
19, 20, 23, 24, and 25 of the '116 patent as to all respondents based 
on LILLEbaby's partial withdrawal of the complaint. Order No. 31 (Nov. 
12, 2019), not rev'd, Notice (Dec. 10, 2019); Order No. 41 (Dec. 18, 
2019), not rev'd, Notice (Jan. 16, 2020). Claim 18 of the, '116 patent 
remains at issue.
    On November 6, 2019, Active Respondents filed a motion to terminate 
the investigation for alleged lack of standing by LILLEbaby.
    On March 10, 2020, the ALJ issued the subject FID finding no 
violation of section 337 with respect to the '116 patent. See FID. The 
subject FID denies Active Respondents' motion to terminate for alleged 
lack of standing. See id. at 28. The subject FID also includes the 
ALJ's recommendations that, if a violation was found, then the 
Commission should issue a limited exclusion order and cease and desist 
orders as to Active Respondents.
    On March 23, 2020, Active Respondents filed a contingent petition 
for review of the FID. On March 31, 2020, OUII filed a response to 
Active Respondents' petition. LILLEbaby did not file a petition for 
review or a response to Respondents' petition, thus abandoning all 
issues decided adversely to it. See 19 CFR 210.43(b)(4).
    Having reviewed the record of this investigation, including the FID 
and Respondents' contingent petition, the Commission has determined to 
review the FID in part. Specifically, the Commission has determined to 
review and, on review, take no position regarding the FID's finding 
that claim 18 of the '116 patent is not obvious based on the prior art 
Hibiscus Carrier (RPX-0006) alone or in combination with the prior art 
Pikkolo Carrier (RPX-0005) or U.S. Patent Publ. No. 2005/0051582 (RX-
0368) to Frost. The Commission has also determined to review, and on 
review, take no position on the FID's findings that claim 18 of the 
'116 patent is unenforceable for inequitable conduct during prosecution 
of the patent application. Further, the Commission has determined to 
review, and on review, take no position on the FID's findings that 
LILLEbaby has satisfied the economic prong of the domestic industry 
requirement with respect to the '116 patent under subsections 
337(a)(3)(B) and (C) (19 U.S.C. 1337(a)(3)(B), (C)). The Commission has 
determined not to review the remainder of the FID.
    Accordingly, the Commission finds no violation of section 337 based 
on the FID's findings that Active Respondents do not infringe claim 18 
of the '116 patent, and claim 18 of the '116 patent is invalid as 
anticipated by and obvious in view of U.S. Patent No. 4,986,458 to 
Linday.
    The investigation is terminated.
    The Commission vote for these determinations took place on May 11, 
2020.
    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: May 11, 2020.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2020-10419 Filed 5-14-20; 8:45 am]
BILLING CODE 7020-02-P