Certain Collapsible and Portable Furniture; Notice of a Commission Determination To Review in Part a Final Initial Determination and To Affirm With Modifications the Finding of No Violation of Section 337; Termination of the Investigation, 26069 [2021-09989]
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Federal Register / Vol. 86, No. 90 / Wednesday, May 12, 2021 / Notices
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 6, 2021.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2021–09990 Filed 5–11–21; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–1178]
Certain Collapsible and Portable
Furniture; Notice of a Commission
Determination To Review in Part a
Final Initial Determination and To
Affirm With Modifications the Finding
of 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 (‘‘Commission’’) has
determined to review in part the
Administrative Law Judge’s (‘‘ALJ’’)
final initial determination (‘‘FID’’),
issued on February 18, 2021, and to
affirm with modifications the FID’s
finding of no violation of section 337 in
the above-referenced investigation. The
investigation is terminated.
FOR FURTHER INFORMATION CONTACT:
Benjamin S. Richards, Esq., Office of the
General Counsel, U.S. International
Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202)
708–5453. 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: The
Commission instituted this investigation
on October 3, 2019. 84 FR 52896 (Oct.
3, 2019). The complaint, as amended,
filed by GCI Outdoor, Inc., of Higganum,
Connecticut (‘‘GCI’’), alleges violations
of section 337 of the Tariff Act of 1930,
as amended, 19 U.S.C. 1337, in the
khammond on DSKJM1Z7X2PROD with NOTICES
SUMMARY:
VerDate Sep<11>2014
17:58 May 11, 2021
Jkt 253001
importation into the United States, the
sale for importation, or the sale within
the United States after importation of
certain collapsible and portable
furniture by reason of infringement of
certain claims of U.S. Patent No.
9,282,824 (‘‘the ’824 patent’’) and U.S.
Patent No. 9,060,611 (‘‘the ’611 patent’’).
Id. at 52896–97. The complaint further
alleges that a domestic industry exists.
Id. at 52897. The Commission’s notice
of investigation named the following
respondents: Denovo Brands, LLC of
Bentonville, Akansas; Zhenli
(Zhangzhou) Industrial Co., Ltd. of
Zhangzhou, Fujian, China; Fujian
Zenithen Consumer Products Co., Ltd.
of Fuzhou, Fujian, China; Zenithen
Hong Kong Ltd. of Hong Kong; Zenithen
USA LLC of Upland, California;
Westfield Outdoor, Inc., d/b/a Westfield
Outdoors of Indianapolis, Indiana;
MacSports Inc. of La Verne, California;
Meike (Qingdao) Leisure Products Co.,
Ltd of Qing Dao, China. Id. The Office
of Unfair Import Investigations is not
participating in the investigation. Id.
During the course of the investigation,
respondents Fujian Zenithen Consumer
Products Co., Ltd., Zenithen Hong Kong
Ltd., and Zenithen USA LLC were
terminated from the investigation. The
remaining respondents are Denovo
Brands, LLC and Zhenli (Zhangzhou)
Industrial Co., Ltd. (the ‘‘Denovo’’
respondents); Westfield Outdoor, Inc.
(‘‘Westfield’’); and MacSports Inc. and
Meike (Qingdao) Leisure Products Co.,
Ltd (the ‘‘MacSports’’ respondents)
(collectively, ‘‘Respondents’’).
On February 18, 2021, the ALJ issued
his FID in this investigation. The FID
found no violation of section 337. For
the ’824 patent, the FID found that GCI
established infringement by Denovo’s
products but failed to establish that GCI
satisfied the technical prong of the
domestic industry requirement. The FID
also found that Denovo did not establish
that any of the asserted claims of the
’824 patent is invalid. For the ’611
patent, the FID found that GCI failed to
establish infringement by Westfield’s
and MacSports’ products but did
establish that GCI satisfied the technical
prong of the domestic industry
requirement. The FID also found that
Westfield and MacSports did not
establish that any of the asserted claims
of the ’611 patent is invalid. The FID
additionally found that GCI established
that it satisfied the economic prong of
the domestic industry requirement for
both asserted patents.
On March 2, 2021 the parties
submitted petitions seeking review of
the FID. On March 10, 2021, the parties
submitted responses to the others’
petitions.
PO 00000
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Fmt 4703
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26069
Having examined the record of this
investigation, including the FID, the
petitions for review, and the responses
thereto, the Commission has determined
to review the FID with respect to (1) all
of the FID’s findings concerning the ’824
patent; (2) infringement and validity of
the ’611 patent; and (3) the FID’s
findings concerning the economic prong
of the domestic industry requirement.
The Commission has determined not to
review the remainder of the FID.
On review, the Commission has
determined to affirm the FID’s finding of
no violation of section 337 with regard
to the ’824 patent and the ’611 patent.
In connection with that determination
the Commission has also determined to
modify and supplement certain of the
FID’s subsidiary findings. The
Commission has also determined to take
no position on certain portions of the
FID. The Commission opinion is issued
concurrently herewith.
The investigation is hereby
terminated.
The Commission vote for this
determination took place on May 6,
2021.
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 6, 2021.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2021–09989 Filed 5–11–21; 8:45 am]
BILLING CODE 7020–02–P
DEPARTMENT OF JUSTICE
Bureau of Alcohol, Tobacco, Firearms
and Explosives
[OMB Number 1140–0072]
Agency Information Collection
Activities; Proposed eCollection of
eComments Requested; Revision of a
Currently Approved Collection;
Explosives Employee Possessor
Questionnaire—ATF Form 5400.28
Bureau of Alcohol, Tobacco,
Firearms and Explosives, Department of
Justice.
ACTION: 60-Day notice.
AGENCY:
The Bureau of Alcohol,
Tobacco, Firearms and Explosives
(ATF), Department of Justice (DOJ), will
submit the following information
collection request to the Office of
Management and Budget (OMB) for
SUMMARY:
E:\FR\FM\12MYN1.SGM
12MYN1
]]>Agencies
[Federal Register Volume 86, Number 90 (Wednesday, May 12, 2021)]
[Notices]
[Page 26069]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-09989]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1178]
Certain Collapsible and Portable Furniture; Notice of a
Commission Determination To Review in Part a Final Initial
Determination and To Affirm With Modifications the Finding of 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 (``Commission'') has determined to review in part the
Administrative Law Judge's (``ALJ'') final initial determination
(``FID''), issued on February 18, 2021, and to affirm with
modifications the FID's finding of no violation of section 337 in the
above-referenced investigation. The investigation is terminated.
FOR FURTHER INFORMATION CONTACT: Benjamin S. Richards, Esq., Office of
the General Counsel, U.S. International Trade Commission, 500 E Street
SW, Washington, DC 20436, telephone (202) 708-5453. 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: The Commission instituted this investigation
on October 3, 2019. 84 FR 52896 (Oct. 3, 2019). The complaint, as
amended, filed by GCI Outdoor, Inc., of Higganum, Connecticut
(``GCI''), 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,
the sale for importation, or the sale within the United States after
importation of certain collapsible and portable furniture by reason of
infringement of certain claims of U.S. Patent No. 9,282,824 (``the '824
patent'') and U.S. Patent No. 9,060,611 (``the '611 patent''). Id. at
52896-97. The complaint further alleges that a domestic industry
exists. Id. at 52897. The Commission's notice of investigation named
the following respondents: Denovo Brands, LLC of Bentonville, Akansas;
Zhenli (Zhangzhou) Industrial Co., Ltd. of Zhangzhou, Fujian, China;
Fujian Zenithen Consumer Products Co., Ltd. of Fuzhou, Fujian, China;
Zenithen Hong Kong Ltd. of Hong Kong; Zenithen USA LLC of Upland,
California; Westfield Outdoor, Inc., d/b/a Westfield Outdoors of
Indianapolis, Indiana; MacSports Inc. of La Verne, California; Meike
(Qingdao) Leisure Products Co., Ltd of Qing Dao, China. Id. The Office
of Unfair Import Investigations is not participating in the
investigation. Id.
During the course of the investigation, respondents Fujian Zenithen
Consumer Products Co., Ltd., Zenithen Hong Kong Ltd., and Zenithen USA
LLC were terminated from the investigation. The remaining respondents
are Denovo Brands, LLC and Zhenli (Zhangzhou) Industrial Co., Ltd. (the
``Denovo'' respondents); Westfield Outdoor, Inc. (``Westfield''); and
MacSports Inc. and Meike (Qingdao) Leisure Products Co., Ltd (the
``MacSports'' respondents) (collectively, ``Respondents'').
On February 18, 2021, the ALJ issued his FID in this investigation.
The FID found no violation of section 337. For the '824 patent, the FID
found that GCI established infringement by Denovo's products but failed
to establish that GCI satisfied the technical prong of the domestic
industry requirement. The FID also found that Denovo did not establish
that any of the asserted claims of the '824 patent is invalid. For the
'611 patent, the FID found that GCI failed to establish infringement by
Westfield's and MacSports' products but did establish that GCI
satisfied the technical prong of the domestic industry requirement. The
FID also found that Westfield and MacSports did not establish that any
of the asserted claims of the '611 patent is invalid. The FID
additionally found that GCI established that it satisfied the economic
prong of the domestic industry requirement for both asserted patents.
On March 2, 2021 the parties submitted petitions seeking review of
the FID. On March 10, 2021, the parties submitted responses to the
others' petitions.
Having examined the record of this investigation, including the
FID, the petitions for review, and the responses thereto, the
Commission has determined to review the FID with respect to (1) all of
the FID's findings concerning the '824 patent; (2) infringement and
validity of the '611 patent; and (3) the FID's findings concerning the
economic prong of the domestic industry requirement. The Commission has
determined not to review the remainder of the FID.
On review, the Commission has determined to affirm the FID's
finding of no violation of section 337 with regard to the '824 patent
and the '611 patent. In connection with that determination the
Commission has also determined to modify and supplement certain of the
FID's subsidiary findings. The Commission has also determined to take
no position on certain portions of the FID. The Commission opinion is
issued concurrently herewith.
The investigation is hereby terminated.
The Commission vote for this determination took place on May 6,
2021.
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 6, 2021.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2021-09989 Filed 5-11-21; 8:45 am]
BILLING CODE 7020-02-P
