Certain Fitness Devices, Streaming Components Thereof, and Systems Containing Same Institution of Investigation, 27106-27107 [2021-10493]

Download as PDF 27106 Federal Register / Vol. 86, No. 95 / Wednesday, May 19, 2021 / Notices Authority: 5 U.S.C. Appendix 2. 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. Wayne Pullan, Regional Director, Upper Colorado Basin— Interior Region 7, Bureau of Reclamation. [FR Doc. 2021–10501 Filed 5–18–21; 8:45 am] BILLING CODE 4332–90–P FOR FURTHER INFORMATION CONTACT: INTERNATIONAL TRADE COMMISSION Pathenia M. Proctor, The Office of Unfair Import Investigations, U.S. International Trade Commission, telephone (202) 205–2560. [Investigation No. 337–TA–1265 SUPPLEMENTARY INFORMATION: Certain Fitness Devices, Streaming Components Thereof, and Systems 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 April 13, 2021, on behalf of Dish DBS Corporation of Englewood, Colorado; Dish Technologies L.L.C. of Englewood, Colorado; and Sling TV L.L.C. of Englewood, Colorado. Supplements to the complaint were filed on April 29, 2021, and May 3, 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 fitness devices, streaming components thereof, and systems containing same by reason of infringement of certain claims of U.S. Patent No. 9,407,564 (‘‘the ’564 patent’’); U.S. Patent No. 10,469,554 (‘‘the ’554 patent’’); U.S. Patent No. 10,469,555 (‘‘the ’555 patent’’); U.S. Patent No. 10,757,156 (‘‘the ’156 patent’’); and U.S. Patent No. 10,951,680 (‘‘the ’680 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 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 khammond on DSKJM1Z7X2PROD with NOTICES SUMMARY: VerDate Sep<11>2014 16:43 May 18, 2021 Jkt 253001 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 May 13, 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 one or more of claims 1, 3–8, 10, and 13–15 of the ’564 patent; claims 16–25 and 30 of the ’554 patent; claims 10–17 and 26–27 of the ’555 patent; claims 1–12 of the ’156 patent; and claims 14–16, 18–21, and 28–29 of the ’680 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 ‘‘fitness devices containing internet-streaming enabled video displays that are capable of using adaptive bit-rate streaming to stream content, internet-streaming enabled video displays that are capable of using adaptive bit-rate streaming to stream content and that are designed to be incorporated with fitness devices, and components thereof’’; (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: DISH DBS Corporation, 9601 South Meridian Boulevard, Englewood, Colorado 80112 PO 00000 Frm 00044 Fmt 4703 Sfmt 4703 DISH Technologies L.L.C., 9601 South Meridian Boulevard, Englewood, Colorado 80112 Sling TV L.L.C., 9601 South Meridian Boulevard, Englewood, Colorado 80112 (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: ICON Health & Fitness, Inc., 1500 S 1000 W, Logan, UT 84321 FreeMotion Fitness, Inc., 1500 S 1000 W, Logan, UT 84321 NordicTrack, Inc., 1500 S 1000 W, Logan, UT 84321 lululemon athletica inc., 1818 Cornwall Ave., Vancouver, British, Columbia, Canada V6J IC7 Curiouser Products Inc. d/b/a MIRROR, 1261 Broadway, #208, New York, NY 10001 Peloton Interactive, Inc., 125 West 25th Street, 11th Floor, New York, New York 10001 (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 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 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 E:\FR\FM\19MYN1.SGM 19MYN1 Federal Register / Vol. 86, No. 95 / Wednesday, May 19, 2021 / Notices and desist order or both directed against the respondent. By order of the Commission. Issued: May 13, 2021. Lisa Barton, Secretary to the Commission. [FR Doc. 2021–10493 Filed 5–18–21; 8:45 am] Background BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation Nos. 701–TA–666 and 731– TA–1558 (Preliminary)] Walk-Behind Snow Throwers 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 walk-behind snow throwers from China, provided for in subheading 8430.20.00 of the 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 khammond on DSKJM1Z7X2PROD with NOTICES 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. 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 § 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 §§ 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 §§ 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 On March 30, 2021, MTD Products Inc., Valley City, 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 imports of walk-behind snow throwers from China and LTFV imports of walk-behind snow throwers from China. Accordingly, effective March 30, 2021, the Commission instituted countervailing duty investigation No. 701–TA–666 and antidumping duty investigation No. 731–TA–1558 (Preliminary). Notice of the institution of the Commission’s investigations and of a public conference 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 6, 2021 (86 FR 17852). In light of the restrictions on access to the Commission building due to the COVID–19 pandemic, the Commission conducted its conference through written testimony and video conference on April 20, 2021. All persons who requested the opportunity were permitted to participate. The Commission made these determinations pursuant to §§ 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 14, 2021. The views of the Commission are contained in USITC Publication 5197 (May 2021), entitled Walk-Behind Snow Throwers from China: Investigation Nos. 701–TA– 666 and 731–TA–1558 (Preliminary). By order of the Commission. Issued: May 14, 2021. Lisa Barton, Secretary to the Commission. [FR Doc. 2021–10570 Filed 5–18–21; 8:45 am] BILLING CODE 7020–02–P 1 The record is defined in § 207.2(f) of the Commission’s Rules of Practice and Procedure (19 CFR 207.2(f)). 2 86 FR 22026 (April 26, 2021) and 86 FR 22022 (April 26, 2021). VerDate Sep<11>2014 16:43 May 18, 2021 Jkt 253001 PO 00000 27107 DEPARTMENT OF LABOR Employment and Training Administration Agency Information Collection Activities for CW–1 Application for Temporary Employment Certification; Comment Request Employment and Training Administration, Department of Labor. ACTION: Notice. AGENCY: The Department of Labor’s (DOL) Employment and Training Administration (ETA) is soliciting comments concerning a proposed revision for the authority to conduct the information collection request (ICR) titled ‘‘CW–1 Application for Temporary Employment Certification’’; and related information collection and retention requirements (OMB Control Number 1205–0534), which covers Form ETA–9142C, Application for Temporary Employment Certification (Form ETA–9142C) with accompanying appendices, and Form ETA–9141C, Application for Prevailing Wage Determination (Form ETA–9141C). This action seeks a revision of the Form 9141C, and its instructions; the rest of the forms and instructions will be renewed without changes. This comment request is part of continuing Departmental efforts to reduce paperwork and respondent burden in accordance with the Paperwork Reduction Act of 1995 (PRA). DATES: Consideration will be given to all written comments received by July 19, 2021. ADDRESSES: A copy of this ICR with applicable supporting documentation, including a description of the likely respondents, proposed frequency of response, and estimated total burden, may be obtained for free by contacting Brian Pasternak, Administrator, Office of Foreign Labor Certification, by telephone at 202–693–8200 (this is not a toll-free number), TTY 1–877–889– 5627 (this is not a toll-free number), or by email at ETA.OFLC.Forms@dol.gov. Submit written comments about, or requests for a copy of, this ICR by email at ETA.OFLC.Forms@dol.gov. FOR FURTHER INFORMATION CONTACT: Brian Pasternak, Administrator, Office of Foreign Labor Certification, by telephone at 202–693–8200 (this is not a toll-free number) or by email at ETA.OFLC.Forms@dol.gov. SUMMARY: Authority: 44 U.S.C. 3506(c)(2)(A). This ICR seeks approval under the PRA for the revision to CW–1 Application for SUPPLEMENTARY INFORMATION: Frm 00045 Fmt 4703 Sfmt 4703 E:\FR\FM\19MYN1.SGM 19MYN1

Agencies

[Federal Register Volume 86, Number 95 (Wednesday, May 19, 2021)]
[Notices]
[Pages 27106-27107]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-10493]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1265


Certain Fitness Devices, Streaming Components Thereof, and 
Systems Containing Same Institution of Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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

SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on April 13, 2021, on behalf of 
Dish DBS Corporation of Englewood, Colorado; Dish Technologies L.L.C. 
of Englewood, Colorado; and Sling TV L.L.C. of Englewood, Colorado. 
Supplements to the complaint were filed on April 29, 2021, and May 3, 
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 fitness 
devices, streaming components thereof, and systems containing same by 
reason of infringement of certain claims of U.S. Patent No. 9,407,564 
(``the '564 patent''); U.S. Patent No. 10,469,554 (``the '554 
patent''); U.S. Patent No. 10,469,555 (``the '555 patent''); U.S. 
Patent No. 10,757,156 (``the '156 patent''); and U.S. Patent No. 
10,951,680 (``the '680 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 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 May 13, 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 one or more of 
claims 1, 3-8, 10, and 13-15 of the '564 patent; claims 16-25 and 30 of 
the '554 patent; claims 10-17 and 26-27 of the '555 patent; claims 1-12 
of the '156 patent; and claims 14-16, 18-21, and 28-29 of the '680 
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 ``fitness devices 
containing internet-streaming enabled video displays that are capable 
of using adaptive bit-rate streaming to stream content, internet-
streaming enabled video displays that are capable of using adaptive 
bit-rate streaming to stream content and that are designed to be 
incorporated with fitness devices, and components thereof'';
    (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:

DISH DBS Corporation, 9601 South Meridian Boulevard, Englewood, 
Colorado 80112
DISH Technologies L.L.C., 9601 South Meridian Boulevard, Englewood, 
Colorado 80112
Sling TV L.L.C., 9601 South Meridian Boulevard, Englewood, Colorado 
80112

    (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:

ICON Health & Fitness, Inc., 1500 S 1000 W, Logan, UT 84321
FreeMotion Fitness, Inc., 1500 S 1000 W, Logan, UT 84321
NordicTrack, Inc., 1500 S 1000 W, Logan, UT 84321
lululemon athletica inc., 1818 Cornwall Ave., Vancouver, British, 
Columbia, Canada V6J IC7
Curiouser Products Inc. d/b/a MIRROR, 1261 Broadway, #208, New York, NY 
10001
Peloton Interactive, Inc., 125 West 25th Street, 11th Floor, New York, 
New York 10001

    (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 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 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

[[Page 27107]]

and desist order or both directed against the respondent.

    By order of the Commission.
    Issued: May 13, 2021.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2021-10493 Filed 5-18-21; 8:45 am]
BILLING CODE 7020-02-P