Certain Height-Adjustable Desk Platforms and Components Thereof; Institution of Investigation, 52150 [2020-18388]

Agencies

• INTERNATIONAL TRADE COMMISSION

[Federal Register Volume 85, Number 164 (Monday, August 24, 2020)]
[Notices]
[Page 52150]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-18388]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1214]


Certain Height-Adjustable Desk Platforms and Components Thereof; 
Institution of Investigation

AGENCY: International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on July 20, 2020, under section 337 
of the Tariff Act of 1930, as amended, on behalf of Versa Products Inc. 
of Los Angeles, California. Supplements to the complaint were filed on 
July 22, July 31, and August 7, 2020. The complaint, as supplemented, 
alleges violations of 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 height-adjustable desk platforms 
and components thereof by reason of infringement of certain claims of 
U.S. Patent No. 10,485,336 (``the '336 Patent''). The complaint further 
alleges that an industry in the United States exists as required by the 
applicable Federal Statute. The complainant requests that the 
Commission institute an investigation and, after the investigation, 
issue a general exclusion order, or in the alternative a limited 
exclusion order, and cease and desist orders.

ADDRESSES: The complaint, except for any confidential information 
contained therein, may be viewed on the Commission's electronic docket 
(EDIS) at https://edis.usitc.gov. For help accessing EDIS, please email 
[email protected]. Hearing impaired individuals are advised that 
information on this matter can be obtained by contacting the 
Commission's TDD terminal on (202) 205-1810. Persons with mobility 
impairments who will need special assistance should contact the Office 
of the Secretary at (202) 205-2000. General information concerning the 
Commission may also be obtained by accessing its internet server at 
https://www.usitc.gov.

FOR FURTHER INFORMATION CONTACT: Pathenia M. Proctor, The Office of 
Unfair Import Investigations, U.S. International Trade Commission, 
telephone (202) 205-2560.

SUPPLEMENTARY INFORMATION:
    Authority: The authority for institution of this investigation is 
contained in section 337 of the Tariff Act of 1930, as amended, 19 
U.S.C. 1337, and in Sec.  210.10 of the Commission's Rules of Practice 
and Procedure, 19 CFR 210.10 (2020).
    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on August 17, 2020, Ordered That--
    (1) Pursuant to subsection (b) of section 337 of the Tariff Act of 
1930, as amended, an investigation be instituted to determine whether 
there is a violation of subsection (a)(1)(B) of section 337 in the 
importation into the United States, the sale for importation, or the 
sale within the United States after importation of certain products 
identified in paragraph (2) by reason of infringement of one or more of 
claims 1-4 of the '336 Patent, and whether an industry in the United 
States exists as required by subsection (a)(2) of section 337;
    (2) Pursuant to Sec.  210.10(b)(1) of the Commission's Rules of 
Practice and Procedure, 19 CFR 210.10(b)(1), the plain language 
description of the accused products or category of accused products, 
which defines the scope of the investigation, is ``desk platform that 
sits on an existing desk or work surface and can be adjusted to 
different heights using an electric mechanism'';
    (3) For the purpose of the investigation so instituted, the 
following are hereby named as parties upon which this notice of 
investigation shall be served:
    (a) The complainant is:

Versa Products Inc., 14105 Avalon Blvd., Los Angeles, CA 90061-2637

    (b) The respondents are the following entities alleged to be in 
violation of section 337, and are the parties upon which the complaint 
is to be served:

Varidesk LLC, 1221 Belt Line Rd. #500, Coppell, TX 75019
CKNAPP Sales, Inc., 195 E. Martin Dr., Goodfield, IL 61742
Loctek, Inc., 6475 Las Positas Rd., Livermore, CA 94551
Loctek Ergonomic Technology Corporation No. 588, Qihang South Road, 
Yinzhou Economic Development Zone, Zhanqi Town, Yinzhou District, 
Ningbo City, Zhejiang Province, China 315191
Zhejiang Loctek Smart Drive Technology Co., Ltd., Science & Technology 
Zone, Jiangshan Town, Yinzhou District, Ningbo City, Zhejiang Province, 
China 315191
Amazon Import Inc., 9910 Baldwin Place, El Monte, CA 91731
Stand Steady Company, LLC, 5724 Highway 280 East, Birmingham, AL 35242

    (c) The Office of Unfair Import Investigations, U.S. International 
Trade Commission, 500 E Street SW, Suite 401, Washington, DC 20436; and
    (4) For the investigation so instituted, the Chief Administrative 
Law Judge, U.S. International Trade Commission, shall designate the 
presiding Administrative Law Judge.
    Responses to the complaint and the notice of investigation must be 
submitted by the named respondents in accordance with Sec.  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), as amended in 85 FR 15798 
(March 19, 2020), such responses will be considered by the Commission 
if received not later than 20 days after the date of service by the 
complainant 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: August 18, 2020.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2020-18388 Filed 8-21-20; 8:45 am]
BILLING CODE 7020-02-P