Certain Vacuum Insulated Flasks and Components Thereof; Notice of a Commission Determination Not To Review an Initial Determination Granting Complainants' Motion To Amend the Complaint and the Notice of Investigation, 77239-77240 [2020-26409]
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Federal Register / Vol. 85, No. 231 / Tuesday, December 1, 2020 / Notices
the United States after importation of
certain digital imaging devices and
products containing the same and
components thereof by reason of
infringement of certain claims of U.S.
Patent No. 6,838,651 (‘‘the ’651 patent’’);
U.S. Patent No. 7,800,145 (‘‘the ’145
patent’’); U.S. Patent No. 7,064,768 (‘‘the
’768 patent’’); and U.S. Patent No.
7,323,671 (‘‘the ’671 patent’’); and that
an industry in the United States exists
as required by the applicable Federal
Statute. The amended complaint further
alleges violations of section 337 based
upon the importation into the United
States, or in the sale of certain digital
imaging devices and products
containing the same and components
thereof by reason of misappropriation of
trade secrets, the threat or effect of
which is to destroy or substantially
injure an industry in the United States.
The complainant requests that the
Commission institute an investigation
and, after the investigation, issue a
limited exclusion order and cease and
desist orders.
ADDRESSES: The amended 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
EDIS3Help@usitc.gov. 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 in gaining access
to the Commission 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 section 210.10 of the
Commission’s Rules of Practice and
Procedure, 19 CFR 210.10 (2020).
Scope of Investigation: Having
considered the amended complaint, the
U.S. International Trade Commission,
on November 24, 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:
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(a) 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 claim 1–12 and 18 of the ’651
patent; claims 1 and 12 of the ’145
patent; claims 1, 2, 8, and 13 of the ’768
patent; and claims 1–26 of the ’671
patent, and whether an industry in the
United States exists as required by
subsection (a)(2) of section 337;
(b) whether there is a violation of
subsection (a)(1)(A) of section 337 in the
importation, or in the sale of certain
products identified in paragraph (2) by
reason of misappropriation of trade
secrets, the threat or effect of which is
to destroy or substantially injure an
industry in the United States;
(2) Pursuant to section 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 ‘‘digital imaging sensors
and mobile phone handsets, tablet
computers, laptop computers, web
cameras, home monitoring cameras, and
digital cameras that contain those
sensors’’;
(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: Pictos
Technologies, Inc, 109 Bonaventura
Drive, San Jose CA 95134.
(b) The respondents are the following
entities alleged to be in violation of
section 337, and are the parties upon
which the amended complaint is to be
served:
Samsung Electronics Co., Ltd., 129
Samseong-Ro, Yeongtong-Gu, Suwon,
Gyeonggi 16677, Republic of Korea
Samsung Electronics America, Inc., 85
Challenger Rd., Ridgefield Park, NJ
07660–2118
Samsung Semiconductor, Inc., 3655
North First Street, San Jose, CA
95134–1713
(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 amended complaint
and the notice of investigation must be
submitted by the named respondents in
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77239
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), 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
amended complaint and the notice of
investigation. Extensions of time for
submitting responses to the amended
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
amended 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 amended 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: November 25, 2020.
Katherine Hiner,
Supervisory Attorney.
[FR Doc. 2020–26467 Filed 11–30–20; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–1216]
Certain Vacuum Insulated Flasks and
Components Thereof; Notice of a
Commission Determination Not To
Review an Initial Determination
Granting Complainants’ Motion To
Amend the Complaint and the Notice
of Investigation
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
Notice is hereby given that
the U.S. International Trade
Commission has determined not to
review an initial determination (‘‘ID’’)
(Order No. 12) of the presiding chief
administrative law judge (‘‘CALJ’’)
granting complainants’ motion to amend
the complaint and the notice of
investigation.
FOR FURTHER INFORMATION CONTACT:
Michael Liberman, Esq., Office of the
General Counsel, U.S. International
SUMMARY:
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77240
Federal Register / Vol. 85, No. 231 / Tuesday, December 1, 2020 / Notices
Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202)
205–2392. 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
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 on (202)
205–1810.
SUPPLEMENTARY INFORMATION: On
September 3, 2020, the Commission
instituted this investigation under
section 337 of the Tariff Act of 1930, as
amended, 19 U.S.C. 1337 (‘‘section
337’’), based on a complaint filed by
Steel Technology LLC d/b/a Hydro
Flask and Helen of Troy Limited
(collectively, ‘‘Complainants’’). 85 FR
55030–31 (Sep. 3, 2020). The complaint
alleges a violation 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 vacuum insulated flasks and
components thereof by reason of
infringement of: (1) The sole claim of
U.S. Design Patent Nos. D806,468;
D786,012 (‘‘the ’012 patent’’); and
D799,320; and (2) U.S. Trademark
Registration Nos. 4,055,784; 5,295,365;
5,176,888; and 4,806,282. The
complaint also alleges the existence of
a domestic industry. The notice of
investigation names the following as
respondents: Everich and Tomic
Houseware Co., Ltd. of Hangzhou, China
(‘‘Everich’’); Cangnan Kaiyisi ECommerce Technology, Co., Ltd. of
Wenzhou, Zhejiang, China; Shenzhen
Huichengyuan Technology Co., Ltd. of
Shenzhen, Guangdong, China; Sinbada
Impex Co., Ltd. of Hefei, Anhui, China;
Yongkang Huiyun Commodity Co., Ltd.
of Jinhua, Zhejiang, China; Wuyi Loncin
Bottle Co., Limited of Jinhua, Zhejiang,
China; Yiwu Honglu Daily Necessities
Co., Ltd. of Yiwu City, Zhejiang, China;
Zhejiang Yuchuan Industry & Trade Co.,
Ltd. of Jinhua, Zhejiang, China; Zhejiang
Yongkang Unique Industry & Trade Co.,
Ltd. of Jinhua, Zhejiang, China; Suzhou
Prime Gifts Co., Ltd. of Suzhou, Jiangsu,
China; Hangzhou Yuehua Technology
Co., Ltd. of Hangzhou, Zhejiang, China;
Guangzhou Yawen Technology Co., Ltd.
of Guangzhou, China; Yiwu Yiju Ecommerce Firm of Yiwu City, Zhejiang
Province, China; Jinhua Ruizhi
Electronic Commerce Co., Ltd. of Jinhua
City, Zhejiang Province, China; Womart
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18:11 Nov 30, 2020
Jkt 253001
(Tianjin) International Trade Co., Ltd. of
Tianjin, China; Shenzhen Yaxin General
Machinery Co., Ltd. of Shenzhen, China;
Dunhuang Group a.k.a. DHgate of
Beijing, China; Eddie Bauer, LLC of
Bellevue, Washington; PSEB Holdings,
LLC of Wilmington, Delaware; and
HydroFlaskPup of Phoenix, Arizona. Id.
at 55031. The Commission’s Office of
Unfair Import Investigations (‘‘OUII’’) is
also named as a party in this
investigation. Id.
On October 16, 2020, Complainants
moved to amend the complaint and
notice of investigation to: ‘‘(1) assert the
’012 patent against additional infringing
products sold by Everich; (2)
incorporate into the complaint the
information and additional paragraphs
included in Complainants’
Supplemental Letter to the Commission
of August 18, 2020; and (3) correct the
corporate names of four non-appearing
respondents.’’ Mot. at 1. Specifically,
the requested amendment seeks to
amend the complaint and notice of
investigation to correctly name Yiwu
Yiju E-Commerce Firm as ‘‘Yiwu Houju
E-Commerce Firm,’’ Jinhua Ruizhi
Electronic Commerce Co., Ltd. as
‘‘Jinhua City Ruizhi E-Commerce Co.,
Ltd.,’’ Womart (Tianjin) International
Trade Co., Ltd. as ‘‘Wo Ma Te (Tianjin)
International Trade Co., Ltd.,’’ and
Shenzhen Yaxin General Machinery Co.,
Ltd. as ‘‘Shenzhen City Yaxin General
Machinery Co., Ltd.’’ Id. On October 28,
2020, Everich filed an opposition to the
motion with respect to Complainants’
first proposed amendment, but took no
position as to the second and third
proposed amendments. Opp. at 2. n.1.
According to the motion, respondents
Eddie Bauer, LLC and Dunhuang Group
took no position. Mot. at 3. On October
28, 2020, OUII filed a response in
support of the motion.
On November 6, 2020, the CALJ
issued the subject ID (Order No. 12)
granting Complainants’ motion. Based
on the review of the evidence, the ID
finds that good cause exists to amend
the complaint and the notice of
institution of investigation. The ID also
finds that amending the complaint and
notice of investigation will promote
judicial efficiency and is not prejudicial
to any party. No party petitioned for
review of the ID.
The Commission has determined not
to review the subject ID.
The Commission vote for this
determination took place on November
24, 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
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Fmt 4703
Sfmt 4703
Practice and Procedure, 19 CFR part
210.
By order of the Commission.
Issued: November 24, 2020.
William Bishop,
Supervisory Hearings and Information
Officer.
[FR Doc. 2020–26409 Filed 11–30–20; 8:45 am]
BILLING CODE 7020–02–P
DEPARTMENT OF JUSTICE
Bureau of Alcohol, Tobacco, Firearms
and Explosives
[OMB Number 1140–0080]
Agency Information Collection
Activities; Proposed eCollection
eComments Requested; Notification of
Change of Mailing or Premise Address
Bureau of Alcohol, Tobacco,
Firearms and Explosives, Department of
Justice.
ACTION: 30-Day notice.
AGENCY:
The Department of Justice
(DOJ), Bureau of Alcohol, Tobacco,
Firearms and Explosives (ATF), will
submit the following information
collection request to the Office of
Management and Budget (OMB) for
review and approval in accordance with
the Paperwork Reduction Act of 1995.
DATES: Comments are encouraged and
will be accepted for an additional 30
days until December 31, 2020.
ADDRESSES: Written comments and
recommendations for the proposed
information collection should be sent
within 30 days of publication of this
notice to www.reginfo.gov/public/do/
PRAMain. Find this particular
information collection by selecting
‘‘Currently under 30-day Review—Open
for Public Comments’’ or by using the
search function.
SUPPLEMENTARY INFORMATION: Written
comments and suggestions from the
public and affected agencies concerning
the proposed collection of information
are encouraged. Your comments should
address one or more of the following
four points:
—Evaluate whether the proposed
collection of information is necessary
for the proper performance of the
functions of the agency, including
whether the information will have
practical utility;
—Evaluate the accuracy of the agency’s
estimate of the burden of the
proposed collection of information,
including the validity of the
methodology and assumptions used;
—Evaluate whether and if so how the
quality, utility, and clarity of the
SUMMARY:
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]]>Agencies
[Federal Register Volume 85, Number 231 (Tuesday, December 1, 2020)]
[Notices]
[Pages 77239-77240]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-26409]
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1216]
Certain Vacuum Insulated Flasks and Components Thereof; Notice of
a Commission Determination Not To Review an Initial Determination
Granting Complainants' Motion To Amend the Complaint and the Notice of
Investigation
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 an initial determination
(``ID'') (Order No. 12) of the presiding chief administrative law judge
(``CALJ'') granting complainants' motion to amend the complaint and the
notice of investigation.
FOR FURTHER INFORMATION CONTACT: Michael Liberman, Esq., Office of the
General Counsel, U.S. International
[[Page 77240]]
Trade Commission, 500 E Street SW, Washington, DC 20436, telephone
(202) 205-2392. 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 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 on (202) 205-1810.
SUPPLEMENTARY INFORMATION: On September 3, 2020, the Commission
instituted this investigation under section 337 of the Tariff Act of
1930, as amended, 19 U.S.C. 1337 (``section 337''), based on a
complaint filed by Steel Technology LLC d/b/a Hydro Flask and Helen of
Troy Limited (collectively, ``Complainants''). 85 FR 55030-31 (Sep. 3,
2020). The complaint alleges a violation 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 vacuum
insulated flasks and components thereof by reason of infringement of:
(1) The sole claim of U.S. Design Patent Nos. D806,468; D786,012 (``the
'012 patent''); and D799,320; and (2) U.S. Trademark Registration Nos.
4,055,784; 5,295,365; 5,176,888; and 4,806,282. The complaint also
alleges the existence of a domestic industry. The notice of
investigation names the following as respondents: Everich and Tomic
Houseware Co., Ltd. of Hangzhou, China (``Everich''); Cangnan Kaiyisi
E-Commerce Technology, Co., Ltd. of Wenzhou, Zhejiang, China; Shenzhen
Huichengyuan Technology Co., Ltd. of Shenzhen, Guangdong, China;
Sinbada Impex Co., Ltd. of Hefei, Anhui, China; Yongkang Huiyun
Commodity Co., Ltd. of Jinhua, Zhejiang, China; Wuyi Loncin Bottle Co.,
Limited of Jinhua, Zhejiang, China; Yiwu Honglu Daily Necessities Co.,
Ltd. of Yiwu City, Zhejiang, China; Zhejiang Yuchuan Industry & Trade
Co., Ltd. of Jinhua, Zhejiang, China; Zhejiang Yongkang Unique Industry
& Trade Co., Ltd. of Jinhua, Zhejiang, China; Suzhou Prime Gifts Co.,
Ltd. of Suzhou, Jiangsu, China; Hangzhou Yuehua Technology Co., Ltd. of
Hangzhou, Zhejiang, China; Guangzhou Yawen Technology Co., Ltd. of
Guangzhou, China; Yiwu Yiju E-commerce Firm of Yiwu City, Zhejiang
Province, China; Jinhua Ruizhi Electronic Commerce Co., Ltd. of Jinhua
City, Zhejiang Province, China; Womart (Tianjin) International Trade
Co., Ltd. of Tianjin, China; Shenzhen Yaxin General Machinery Co., Ltd.
of Shenzhen, China; Dunhuang Group a.k.a. DHgate of Beijing, China;
Eddie Bauer, LLC of Bellevue, Washington; PSEB Holdings, LLC of
Wilmington, Delaware; and HydroFlaskPup of Phoenix, Arizona. Id. at
55031. The Commission's Office of Unfair Import Investigations
(``OUII'') is also named as a party in this investigation. Id.
On October 16, 2020, Complainants moved to amend the complaint and
notice of investigation to: ``(1) assert the '012 patent against
additional infringing products sold by Everich; (2) incorporate into
the complaint the information and additional paragraphs included in
Complainants' Supplemental Letter to the Commission of August 18, 2020;
and (3) correct the corporate names of four non-appearing
respondents.'' Mot. at 1. Specifically, the requested amendment seeks
to amend the complaint and notice of investigation to correctly name
Yiwu Yiju E-Commerce Firm as ``Yiwu Houju E-Commerce Firm,'' Jinhua
Ruizhi Electronic Commerce Co., Ltd. as ``Jinhua City Ruizhi E-Commerce
Co., Ltd.,'' Womart (Tianjin) International Trade Co., Ltd. as ``Wo Ma
Te (Tianjin) International Trade Co., Ltd.,'' and Shenzhen Yaxin
General Machinery Co., Ltd. as ``Shenzhen City Yaxin General Machinery
Co., Ltd.'' Id. On October 28, 2020, Everich filed an opposition to the
motion with respect to Complainants' first proposed amendment, but took
no position as to the second and third proposed amendments. Opp. at 2.
n.1. According to the motion, respondents Eddie Bauer, LLC and Dunhuang
Group took no position. Mot. at 3. On October 28, 2020, OUII filed a
response in support of the motion.
On November 6, 2020, the CALJ issued the subject ID (Order No. 12)
granting Complainants' motion. Based on the review of the evidence, the
ID finds that good cause exists to amend the complaint and the notice
of institution of investigation. The ID also finds that amending the
complaint and notice of investigation will promote judicial efficiency
and is not prejudicial to any party. No party petitioned for review of
the ID.
The Commission has determined not to review the subject ID.
The Commission vote for this determination took place on November
24, 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: November 24, 2020.
William Bishop,
Supervisory Hearings and Information Officer.
[FR Doc. 2020-26409 Filed 11-30-20; 8:45 am]
BILLING CODE 7020-02-P
