Certain Batteries and Products Containing Same; Institution of Investigation, 8379-8380 [2021-02376]

Download as PDF Federal Register / Vol. 86, No. 23 / Friday, February 5, 2021 / Notices [FR Doc. 2021–02429 Filed 2–4–21; 8:45 am] BILLING CODE 9110–12–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–1244] Certain Batteries and Products Containing Same; Institution of Investigation U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on December 30, 2020, under section 337 of the Tariff Act of 1930, as amended, on behalf of One World Technologies, Inc. of Anderson, South Carolina, and Techtronic Power Tools Technology Ltd. of the British Virgin Islands. A supplement to the complaint was filed on January 12, 2021. The complaint 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 batteries and products containing same by reason of infringement of the sole claims of U.S. Patent No. D579,868 (‘‘the ’868 patent’’); U.S. Patent No. D580,353 (‘‘the ’353 patent’’); and U.S. Patent No. D593,944 (‘‘the ’944 patent’’). The complaint further alleges that an industry in the United States exists as required by the applicable Federal Statute. The complainants request 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 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 jbell on DSKJLSW7X2PROD with NOTICES SUMMARY: VerDate Sep<11>2014 18:53 Feb 04, 2021 Jkt 253001 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 complaint, the U.S. International Trade Commission, on January 29, 2021, 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 the sole claim of the ’868 patent; the sole claim of the ’353 patent; and the sole claim of the ’944 patent; and whether an industry in the United States exists as required by subsection (a)(2) of section 337; (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 ‘‘rechargeable battery packs intended for use with batterypowered products.’’ (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 complainants are: One World Technologies, Inc., 100 Innovation Way, Anderson, South Carolina 29621 Techtronic Power Tools Technology Ltd., Trident Chambers, P.O. Box 146, Road Town, Tortola, British Virgin Islands (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: Darui Development Limited, No. 34, Jiancha South Lane, Xiaojiuya Street, Kuduer Town, Yakeshi, Neimenggu 022164, China Dongguan Xinjitong Electronic Technology Co., Ltd., 27 Xiangrong Road, Songmushan, Dalang Town, Dongguan City, Guangdong 523795, China Shenzhen Laipaili Electronics Co., Ltd., 1113B Huiyi Caifu Centre, No. 9 PO 00000 Frm 00043 Fmt 4703 Sfmt 4703 8379 Zhongxin Road, Gaofeng Community, Dalang Street, Longhua New District, Shenzhen, Guangdong 518190, China Shenzhen Liancheng Weiye Industrial Co., Ltd., Floor A152, Phase II Factory Building, Fuqiao Zone 3, Xinhe Community, Fuhai Street, Baoan District, Shenzhen, Guangdong 518133, China Shenzhen MingYang Creation Electronic Co., Ltd., No. 4, 3F, Building 2, Huafeng Logistics Industry Park, Dayang Road, Dayangtian, Fuyong Street, Baoan District, Shenzhen, Guangdong 518103, China Shenzhen Ollop Technology Co. Ltd., 602 Tongji Building, No. 555 Jihua Road, Bantian Street, Longgang District, Shenzhen, Guangdong 518129, China Shenzhen Rich Hao Yuan Energy Technology Co., Ltd., 3rd Floor, Building A17, Fuqiao Industrial Park, Zone 3, Fuyong Street, Baoan District, Shenzhen, Guangdong 518103, China Shenzhen Runsensheng Trading Co., Ltd., 2505, Building A, Xinghe World, No.1, Yabao Road, Bantian Street, Longgang District, Shenzhen, Guangdong 518129, China Shenzhen Saen Trading Co., Ltd., No. A709 Guangfa Building, B804 Mabu Community, Xixiang Street, Baoan District, Shenzhen, Guangdong 518126, China Shenzhen Shengruixiang E-Commerce Co., Ltd., 302, Building 42, Chaoyang New Village, Minzhi Street, Longhua New District, Shenzhen, Guangdong 518131, China Shenzhen Tuo Yu Technology Co., Ltd., 407, Guohong Shopping Plaza, No. 98, Meilong RD, Longhua ST, Longhua District, Shenzhen, Guangdong 518110, China Shenzhen Uni-Sun Electronics Co., Ltd., 101 Building A, No. 43 Lan Er Road, Long Xin Community, Baolong Street, Longgang District, Shenzhen, Guangdong 518172, China Shenzhen Vmartego Electronic Commerce Co., Ltd., 1901, No. 15–1, Haitian Road, Block A, Excellent Times Square, N23, Haiwang Community, Xin’an Street, Bao’an District, Shenzhen, Guangdong 518101, China (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 E:\FR\FM\05FEN1.SGM 05FEN1 8380 Federal Register / Vol. 86, No. 23 / Friday, February 5, 2021 / Notices 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), 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 complainants 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: February 1, 2021. Lisa Barton, Secretary to the Commission. [FR Doc. 2021–02376 Filed 2–4–21; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION Notice of Receipt of Complaint; Solicitation of Comments Relating to the Public Interest U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that the U.S. International Trade Commission has received a complaint entitled Certain LTE-Compliant Cellular Communication Devices, DN 3531; the Commission is soliciting comments on any public interest issues raised by the complaint or complainant’s filing pursuant to the Commission’s Rules of Practice and Procedure. FOR FURTHER INFORMATION CONTACT: Lisa R. Barton, Secretary to the Commission, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone (202) 205–2000. The public version of the complaint can be accessed on the Commission’s jbell on DSKJLSW7X2PROD with NOTICES SUMMARY: VerDate Sep<11>2014 18:53 Feb 04, 2021 Jkt 253001 Electronic Document Information System (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 United States International Trade Commission (USITC) at https://www.usitc.gov. The public record for this investigation may be viewed on the Commission’s Electronic Document Information System (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 has received a complaint and a submission pursuant to § 210.8(b) of the Commission’s Rules of Practice and Procedure filed on behalf of Evolved Wireless, LLC on February 1, 2021. The complaint alleges violations of section 337 of the Tariff Act of 1930 (19 U.S.C. 1337) in the importation into the United States, the sale for importation, and the sale within the United States after importation of certain LTE-compliant cellular communication devices. The complainant names as respondents: Samsung Electronics Co., Ltd. of South Korea; Samsung Electronics America, Inc. of Ridgefield Park, NJ; and Motorola Mobility LLC of Chicago, IL. The complainant requests that the Commission issue a limited exclusion order, cease and desist orders, and impose a bond upon respondents’ alleged infringing articles during the 60day Presidential review period pursuant to 19 U.S.C. 1337(j). Proposed respondents, other interested parties, and members of the public are invited to file comments on any public interest issues raised by the complaint or § 210.8(b) filing. Comments should address whether issuance of the relief specifically requested by the complainant in this investigation would affect the public health and welfare in the United States, competitive conditions in the United States economy, the production of like or directly competitive articles in the United States, or United States consumers. In particular, the Commission is interested in comments that: (i) Explain how the articles potentially subject to the requested remedial orders are used in the United States; (ii) identify any public health, safety, or welfare concerns in the United States relating to the requested remedial orders; PO 00000 Frm 00044 Fmt 4703 Sfmt 4703 (iii) identify like or directly competitive articles that complainant, its licensees, or third parties make in the United States which could replace the subject articles if they were to be excluded; (iv) indicate whether complainant, complainant’s licensees, and/or third party suppliers have the capacity to replace the volume of articles potentially subject to the requested exclusion order and/or a cease and desist order within a commercially reasonable time; and (v) explain how the requested remedial orders would impact United States consumers. Written submissions on the public interest must be filed no later than by close of business, eight calendar days after the date of publication of this notice in the Federal Register. There will be further opportunities for comment on the public interest after the issuance of any final initial determination in this investigation. Any written submissions on other issues must also be filed by no later than the close of business, eight calendar days after publication of this notice in the Federal Register. Complainant may file replies to any written submissions no later than three calendar days after the date on which any initial submissions were due. Any submissions and replies filed in response to this Notice are limited to five (5) pages in length, inclusive of attachments. Persons filing written submissions must file the original document electronically on or before the deadlines stated above. Submissions should refer to the docket number (‘‘Docket No. 3531’’) in a prominent place on the cover page and/or the first page. (See Handbook for Electronic Filing Procedures, Electronic Filing Procedures 1). Please note the Secretary’s Office will accept only electronic filings during this time. Filings must be made through the Commission’s Electronic Document Information System (EDIS, https:// edis.usitc.gov.) No in-person paperbased filings or paper copies of any electronic filings will be accepted until further notice. Persons with questions regarding filing should contact the Secretary at EDIS3Help@usitc.gov. 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 1 Handbook for Electronic Filing Procedures: https://www.usitc.gov/documents/handbook_on_ filing_procedures.pdf. E:\FR\FM\05FEN1.SGM 05FEN1

Agencies

[Federal Register Volume 86, Number 23 (Friday, February 5, 2021)]
[Notices]
[Pages 8379-8380]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-02376]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1244]


Certain Batteries and Products Containing Same; Institution of 
Investigation

AGENCY: U.S. 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 December 30, 2020, under section 
337 of the Tariff Act of 1930, as amended, on behalf of One World 
Technologies, Inc. of Anderson, South Carolina, and Techtronic Power 
Tools Technology Ltd. of the British Virgin Islands. A supplement to 
the complaint was filed on January 12, 2021. The complaint 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 batteries and products containing same by 
reason of infringement of the sole claims of U.S. Patent No. D579,868 
(``the '868 patent''); U.S. Patent No. D580,353 (``the '353 patent''); 
and U.S. Patent No. D593,944 (``the '944 patent''). The complaint 
further alleges that an industry in the United States exists as 
required by the applicable Federal Statute. The complainants request 
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 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 complaint, the U.S. 
International Trade Commission, on January 29, 2021, 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 the sole claim 
of the '868 patent; the sole claim of the '353 patent; and the sole 
claim of the '944 patent; and whether an industry in the United States 
exists as required by subsection (a)(2) of section 337;
    (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 ``rechargeable battery 
packs intended for use with battery-powered products.''
    (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 complainants are:

One World Technologies, Inc., 100 Innovation Way, Anderson, South 
Carolina 29621
Techtronic Power Tools Technology Ltd., Trident Chambers, P.O. Box 146, 
Road Town, Tortola, British Virgin Islands

    (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:

Darui Development Limited, No. 34, Jiancha South Lane, Xiaojiuya 
Street, Kuduer Town, Yakeshi, Neimenggu 022164, China
Dongguan Xinjitong Electronic Technology Co., Ltd., 27 Xiangrong Road, 
Songmushan, Dalang Town, Dongguan City, Guangdong 523795, China
Shenzhen Laipaili Electronics Co., Ltd., 1113B Huiyi Caifu Centre, No. 
9 Zhongxin Road, Gaofeng Community, Dalang Street, Longhua New 
District, Shenzhen, Guangdong 518190, China
Shenzhen Liancheng Weiye Industrial Co., Ltd., Floor A152, Phase II 
Factory Building, Fuqiao Zone 3, Xinhe Community, Fuhai Street, Baoan 
District, Shenzhen, Guangdong 518133, China
Shenzhen MingYang Creation Electronic Co., Ltd., No. 4, 3F, Building 2, 
Huafeng Logistics Industry Park, Dayang Road, Dayangtian, Fuyong 
Street, Baoan District, Shenzhen, Guangdong 518103, China
Shenzhen Ollop Technology Co. Ltd., 602 Tongji Building, No. 555 Jihua 
Road, Bantian Street, Longgang District, Shenzhen, Guangdong 518129, 
China
Shenzhen Rich Hao Yuan Energy Technology Co., Ltd., 3rd Floor, Building 
A17, Fuqiao Industrial Park, Zone 3, Fuyong Street, Baoan District, 
Shenzhen, Guangdong 518103, China
Shenzhen Runsensheng Trading Co., Ltd., 2505, Building A, Xinghe World, 
No.1, Yabao Road, Bantian Street, Longgang District, Shenzhen, 
Guangdong 518129, China
Shenzhen Saen Trading Co., Ltd., No. A709 Guangfa Building, B804 Mabu 
Community, Xixiang Street, Baoan District, Shenzhen, Guangdong 518126, 
China
Shenzhen Shengruixiang E-Commerce Co., Ltd., 302, Building 42, Chaoyang 
New Village, Minzhi Street, Longhua New District, Shenzhen, Guangdong 
518131, China
Shenzhen Tuo Yu Technology Co., Ltd., 407, Guohong Shopping Plaza, No. 
98, Meilong RD, Longhua ST, Longhua District, Shenzhen, Guangdong 
518110, China
Shenzhen Uni-Sun Electronics Co., Ltd., 101 Building A, No. 43 Lan Er 
Road, Long Xin Community, Baolong Street, Longgang District, Shenzhen, 
Guangdong 518172, China
Shenzhen Vmartego Electronic Commerce Co., Ltd., 1901, No. 15-1, 
Haitian Road, Block A, Excellent Times Square, N23, Haiwang Community, 
Xin'an Street, Bao'an District, Shenzhen, Guangdong 518101, China

    (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

[[Page 8380]]

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), 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 
complainants 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: February 1, 2021.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2021-02376 Filed 2-4-21; 8:45 am]
BILLING CODE 7020-02-P