Certain Balanced Armature Devices, Products Containing Same, and Components Thereof; Notice of a Commission Determination Finding a Violation of Section 337; Issuance of a General Exclusion Order and Cease and Desist Orders; Termination of the Investigation, 56290-56291 [2021-21998]
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56290
Federal Register / Vol. 86, No. 193 / Friday, October 8, 2021 / Notices
Total Estimated Number of Annual
Respondents: 9 States and 6 Indian
respondents.
Total Estimated Number of Annual
Responses: 210.
Estimated Completion Time per
Response: 75.50 hrs.
Total Estimated Number of Annual
Burden Hours: 16,697 hours.
Respondent’s Obligation: Required to
obtain or retain benefit.
Frequency of Collection: Based on the
functions performed, responses are
monthly, quarterly, annually, on
occasion, and varied.
Total Estimated Annual Non-Hour
Burden Cost: ONRR identified no ‘‘nonhour cost’’ burden associated with this
collection of information.
An agency may not conduct or
sponsor, and a person is not required to
respond to, a collection of information
unless it displays a currently valid OMB
control number.
The authority for this action is the
PRA (44 U.S.C. 3501, et seq.).
Kimbra G. Davis,
Director, Office of Natural Resources
Revenue.
[FR Doc. 2021–21894 Filed 10–7–21; 8:45 am]
BILLING CODE 4335–30–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–1186]
Certain Balanced Armature Devices,
Products Containing Same, and
Components Thereof; Notice of a
Commission Determination Finding a
Violation of Section 337; Issuance of a
General Exclusion Order and Cease
and Desist Orders; Termination of the
Investigation
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
Notice is hereby given that
the U.S. International Trade
Commission has determined to affirm,
on modified grounds, a summary
determination (‘‘ID’’) (Order No. 50) of
the presiding administrative law judge
(‘‘ALJ’’) finding a violation of section
337. The Commission has determined
that the appropriate remedy is a general
exclusion order (‘‘GEO’’) and cease and
desists orders (‘‘CDO’’) to certain
respondents. The Commission
terminates the investigation.
FOR FURTHER INFORMATION CONTACT:
Amanda Pitcher Fisherow, Esq., Office
of the General Counsel, U.S.
International Trade Commission, 500 E
Street SW, Washington, DC 20436,
jspears on DSK121TN23PROD with NOTICES1
SUMMARY:
VerDate Sep<11>2014
17:07 Oct 07, 2021
Jkt 256001
telephone (202) 205–2737. 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
November 29, 2019, the Commission
instituted this investigation based on a
complaint filed by Knowles Corporation
and Knowles Electronics, LLC of Itasca,
Illinois, and Knowles Electronics
(Suzhou) Co., Ltd. of Suzhou, China
(collectively, ‘‘Knowles’’). 84 FR 65840
(Nov. 29, 2019). The complaint, as
supplemented, alleged violations of
section 337 of the Tariff Act of 1930, as
amended, 19 U.S.C. 1337, due to the
importation into the United States, sale
for importation, or sale in the United
States after importation of certain
balanced armature devices, products
containing same, and components
thereof by reason of misappropriation of
trade secrets, the threat or effect of
which is to destroy or substantially
injure a domestic industry. Id. The
notice of investigation named twelve
(12) respondents, including Shenzhen
Bellsing Acoustic Technology Co. Ltd.
of Shenzhen, China, Suzhou Bellsing
Acoustic Technology Co. Ltd. of
Suzhou, China, Dongguan Bellsing
Precision Device Co., Ltd. of Dongguan,
China, and Bellsing Corporation of
Lisle, Illinois (collectively, ‘‘Bellsing’’);
Liang Li (a/k/a Ryan Li) of Suzhou City,
China (‘‘Mr. Li’’); Dongguan Xinyao
Electronics Industrial Co., Ltd. of
Dongguan, China (‘‘Xinyao’’); Soundlink
Co., Ltd. of Suzhou, China
(‘‘Soundlink’’); Magnatone Hearing Aid
Corporation d/b/a Persona Medical and
lnEarz Audio of Casselberry, Florida
(‘‘Persona’’); Jerry Harvey Audio LLC of
Orlando, Florida (‘‘Harvey’’); Magic
Dynamics, LLC d/b/a MagicEar of
Clearwater, Florida (‘‘MagicEar’’);
Campfire Audio, LLC of Portland,
Oregon (‘‘Campfire’’); and Clear Tune
Monitors, Inc. of Orlando, Florida
(‘‘Clear Tune’’). Id. The Office of Unfair
Import Investigations (‘‘OUII’’) is also a
party in this investigation. Id.
Xinyao, Soundlink, MagicEar,
CampFire, Persona, Clear Tune, and
Harvey were all terminated from the
investigation based on the issuance of
consent orders. See Order Nos. 37–40,
PO 00000
Frm 00052
Fmt 4703
Sfmt 4703
unreviewed by Comm’n Notice (Nov. 23,
2020); Order Nos. 34–35, unreviewed by
Comm’n Notice (Nov. 19, 2020); and
Order No. 28, unreviewed by Comm’n
Notice (Sept. 20, 2020).
On January 14, 2021, the presiding
ALJ issued an ID (Order No. 46),
granting-in-part and denying-in-part
Knowles’ motion for sanctions
(‘‘Sanctions ID’’). As to Bellsing, the
Sanctions ID found that Bellsing failed
to disclose spoliation of evidence, that
its failure to do so was in bad faith, and
that the appropriate sanction was
default. Sanctions ID at 18–46. The
Sanctions ID denied Knowles’ motion as
to Mr. Li, and denied Knowles’ request
for monetary sanctions. Id. at 17–18, 46–
47. No one petitioned for review of the
Sanctions ID. Nevertheless, on February
16, 2021, the Commission determined to
review the Sanctions ID in its entirety.
Comm’n Notice (Feb. 16, 2021). On
March 17, 2021, the Commission issued
its final determination on the Sanctions
ID, affirming the Sanctions ID, with
modification, finding Bellsing in
default. Sanctions ID at 47 (Jan. 14,
2021), aff’d with modification, Comm’n
Notice (Mar. 17, 2020).
On June 1, 2021, the ALJ issued the
subject ID. On June 11, 2021, Bellsing
and Mr. Li filed a joint petition for
review. On June 21, 2021, OUII and
Knowles filed responses.
On August 2, 2021, the Commission
determined to review the ID in part.
Specifically, the Commission
determined to review (1) whether
Bellsing can participate in briefing on
remedy and bonding before the ALJ (ID
at 4) and in briefing on remedy, the
public interest, and bonding before the
Commission notwithstanding its
default; (2) importation; (3) use by Mr.
Li of Representative Trade Secret Nos.
(‘‘RTS’’) 1–10 (ID at 35–36, 41–42, 49,
56–57, 61, 72–73, and 84–85); (4) all
findings related to RTS No. 6; and (5)
domestic industry. 86 FR 43270 (Aug 6,
2021). The Commission also reviewed
the issues raised in the parties’
arguments relating to due process,
comity, and collateral estoppel. Id. at
43270–71. The Commission requested
briefing on the issues under review,
remedy, bonding, and the public
interest. Id. at 43271. On August 16,
2021, Respondents, Knowles, and OUII
each filed their initial responses to the
Commission’s notice of review. On
August 23, 2021, Respondents,
Knowles, and OUII each filed their
replies.
Having considered the record,
including the ID, the ALJ’s
recommended determination on remedy
and bonding, and the parties’
submissions, the Commission has
E:\FR\FM\08OCN1.SGM
08OCN1
jspears on DSK121TN23PROD with NOTICES1
Federal Register / Vol. 86, No. 193 / Friday, October 8, 2021 / Notices
determined that a violation has occurred
as to Mr. Li. Bellsing had previously
been found in default, and the
Commission finds a violation has
occurred as to Bellsing. Specifically, the
Commission finds that (1) Mr. Li has
met the importation requirement on
modified grounds, and affirms the ID’s
remaining findings on importation; (2)
Mr. Li has used and/or disclosed each
of RTS Nos. 1–10; (3) RTS No. 6 has
been misappropriated; and (4) affirms
the IDs findings on domestic industry.
All findings in the ID that are not
inconsistent with the Commission’s
determination are affirmed.
Accordingly, the Commission finds
that there is a violation of section 337.
The Commission has determined that
the appropriate remedy is a GEO and
CDOs directed to each of the Bellsing
respondents and Mr. Li. These orders
bar Bellsing and Mr. Li’s unfair acts for
a duration of twenty-six (26) years. The
Commission has also determined that
the public interest factors enumerated in
subsections 337(d)(1) and (f)(1) (19
U.S.C. 1337(d)(1), (f)(1)) do not preclude
the issuance of the GEO and CDOs. The
GEO is directed to covered products that
are made by, for, or on behalf of Bellsing
and/or Mr. Li. The GEO reaches
downstream products incorporating the
covered products. The GEO includes a
provision requiring any importer
seeking to import the covered products
(or products containing them or the
components thereof) manufactured by
or for Bellsing and/or Mr. Li or their
affiliates or successors, to obtain a
ruling from the Commission prior to the
importation of the articles, finding that
they are not subject to the GEO. The
Commission has set the bond at one
hundred percent (100%) of the value of
the entered products imported by or on
behalf of Bellsing and/or Mr. Li and sets
a zero percent (0%) bond (i.e., no bond)
for downstream products or components
thereof. The investigation is terminated.
The Commission’s orders and opinion
were delivered to the President and to
the United States Trade Representative
on the day of their issuance.
The Commission vote for this
determination took place on October 4,
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.
VerDate Sep<11>2014
17:07 Oct 07, 2021
Jkt 256001
Issued: October 4, 2021.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2021–21998 Filed 10–7–21; 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 Oil-Vaping Cartridges,
Components Thereof, and Products
Containing the Same, DN 3571; 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
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
Shenzhen Smoore Technology Limited,
on October 4, 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 oil-vaping
cartridges, components thereof, and
products containing the same. The
SUMMARY:
PO 00000
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Fmt 4703
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56291
complainant names as respondents:
BBTank USA, LLC of Lambertville, MI;
Glo Extracts of Los Angeles, CA;
BulkCarts.com of Canton, MI;
Greenwave Naturals LLC of Austin, TX;
BoldCarts.com of Tempe, AZ; Bold
Crafts, Inc. of Irvine, CA; Blinc Group
Holdings, LLC of New York, NY;
Jonathan Ray Carfield d/b/a AlderEgo
Wholesale, AlderEgo Holdings, Inc. and
AlderEgo Group Limited a/k/a AVID
Holding Limited of China; Hanna
Carfield of Tacoma, WA; Next Level
Ventures, LLC of Seattle, WA; Advanced
Vapor Devices, LLC of Los Angeles, CA;
avd710.com of Seattle, WA; AlderEgo
Group Limited (‘‘AEG’’) of Hong Kong;
A & A Global Imports, Inc. d/b/a
Marijuana Packaging of Vernon, CA;
Bulk Natural, LLC d/b/a True Terpenes
of Portland, OR; Brand King, LLC of
Sacramento, CA; ZTCSMOKE USA Inc.
of Niceville, FL;
headcandysmokeshop.com of Canada;
Head Candy Enterprise Ltd. of Canada;
Green Tank Technologies Corp of
Canada; Cannary Packaging Inc. of
Canada; Cannary LA of Signal Hill, CA;
dcalchemy.com of Phoenix, AZ; DC
Alchemy, LLC of Phoenix AZ;
Cartridgesforsale.com of Ypsilanti, MI;
HW Supply, LLC of Ypsilanti, MI;
International Vapor Group, LLC of
Miami, FL; Obisidian Supply, Inc. of
Irvine, CA; Ygreeninc.com of Walnut,
CA; Ygreen Inc. of Walnut, CA; Atmos
Nation LLC of Davie, FL; shopbvv.com
of Naperville, IL; Best Value Vacs, LLC
of Naperville, IL;
Royalsupplywholesale.com of San
Francisco, CA;
Customcanabisbranding.com of San
Francisco, CA; CLK Global, Inc. of San
Francisco, CA; iKrusher.com of Arcadia,
CA; and The Calico Group Inc. of
Austin, TX. 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:
E:\FR\FM\08OCN1.SGM
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]]>Agencies
[Federal Register Volume 86, Number 193 (Friday, October 8, 2021)]
[Notices]
[Pages 56290-56291]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-21998]
=======================================================================
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1186]
Certain Balanced Armature Devices, Products Containing Same, and
Components Thereof; Notice of a Commission Determination Finding a
Violation of Section 337; Issuance of a General Exclusion Order and
Cease and Desist Orders; Termination of the Investigation
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that the U.S. International Trade
Commission has determined to affirm, on modified grounds, a summary
determination (``ID'') (Order No. 50) of the presiding administrative
law judge (``ALJ'') finding a violation of section 337. The Commission
has determined that the appropriate remedy is a general exclusion order
(``GEO'') and cease and desists orders (``CDO'') to certain
respondents. The Commission terminates the investigation.
FOR FURTHER INFORMATION CONTACT: Amanda Pitcher Fisherow, Esq., Office
of the General Counsel, U.S. International Trade Commission, 500 E
Street SW, Washington, DC 20436, telephone (202) 205-2737. 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 November 29, 2019, the Commission
instituted this investigation based on a complaint filed by Knowles
Corporation and Knowles Electronics, LLC of Itasca, Illinois, and
Knowles Electronics (Suzhou) Co., Ltd. of Suzhou, China (collectively,
``Knowles''). 84 FR 65840 (Nov. 29, 2019). The complaint, as
supplemented, alleged violations of section 337 of the Tariff Act of
1930, as amended, 19 U.S.C. 1337, due to the importation into the
United States, sale for importation, or sale in the United States after
importation of certain balanced armature devices, products containing
same, and components thereof by reason of misappropriation of trade
secrets, the threat or effect of which is to destroy or substantially
injure a domestic industry. Id. The notice of investigation named
twelve (12) respondents, including Shenzhen Bellsing Acoustic
Technology Co. Ltd. of Shenzhen, China, Suzhou Bellsing Acoustic
Technology Co. Ltd. of Suzhou, China, Dongguan Bellsing Precision
Device Co., Ltd. of Dongguan, China, and Bellsing Corporation of Lisle,
Illinois (collectively, ``Bellsing''); Liang Li (a/k/a Ryan Li) of
Suzhou City, China (``Mr. Li''); Dongguan Xinyao Electronics Industrial
Co., Ltd. of Dongguan, China (``Xinyao''); Soundlink Co., Ltd. of
Suzhou, China (``Soundlink''); Magnatone Hearing Aid Corporation d/b/a
Persona Medical and lnEarz Audio of Casselberry, Florida (``Persona'');
Jerry Harvey Audio LLC of Orlando, Florida (``Harvey''); Magic
Dynamics, LLC d/b/a MagicEar of Clearwater, Florida (``MagicEar'');
Campfire Audio, LLC of Portland, Oregon (``Campfire''); and Clear Tune
Monitors, Inc. of Orlando, Florida (``Clear Tune''). Id. The Office of
Unfair Import Investigations (``OUII'') is also a party in this
investigation. Id.
Xinyao, Soundlink, MagicEar, CampFire, Persona, Clear Tune, and
Harvey were all terminated from the investigation based on the issuance
of consent orders. See Order Nos. 37-40, unreviewed by Comm'n Notice
(Nov. 23, 2020); Order Nos. 34-35, unreviewed by Comm'n Notice (Nov.
19, 2020); and Order No. 28, unreviewed by Comm'n Notice (Sept. 20,
2020).
On January 14, 2021, the presiding ALJ issued an ID (Order No. 46),
granting-in-part and denying-in-part Knowles' motion for sanctions
(``Sanctions ID''). As to Bellsing, the Sanctions ID found that
Bellsing failed to disclose spoliation of evidence, that its failure to
do so was in bad faith, and that the appropriate sanction was default.
Sanctions ID at 18-46. The Sanctions ID denied Knowles' motion as to
Mr. Li, and denied Knowles' request for monetary sanctions. Id. at 17-
18, 46-47. No one petitioned for review of the Sanctions ID.
Nevertheless, on February 16, 2021, the Commission determined to review
the Sanctions ID in its entirety. Comm'n Notice (Feb. 16, 2021). On
March 17, 2021, the Commission issued its final determination on the
Sanctions ID, affirming the Sanctions ID, with modification, finding
Bellsing in default. Sanctions ID at 47 (Jan. 14, 2021), aff'd with
modification, Comm'n Notice (Mar. 17, 2020).
On June 1, 2021, the ALJ issued the subject ID. On June 11, 2021,
Bellsing and Mr. Li filed a joint petition for review. On June 21,
2021, OUII and Knowles filed responses.
On August 2, 2021, the Commission determined to review the ID in
part. Specifically, the Commission determined to review (1) whether
Bellsing can participate in briefing on remedy and bonding before the
ALJ (ID at 4) and in briefing on remedy, the public interest, and
bonding before the Commission notwithstanding its default; (2)
importation; (3) use by Mr. Li of Representative Trade Secret Nos.
(``RTS'') 1-10 (ID at 35-36, 41-42, 49, 56-57, 61, 72-73, and 84-85);
(4) all findings related to RTS No. 6; and (5) domestic industry. 86 FR
43270 (Aug 6, 2021). The Commission also reviewed the issues raised in
the parties' arguments relating to due process, comity, and collateral
estoppel. Id. at 43270-71. The Commission requested briefing on the
issues under review, remedy, bonding, and the public interest. Id. at
43271. On August 16, 2021, Respondents, Knowles, and OUII each filed
their initial responses to the Commission's notice of review. On August
23, 2021, Respondents, Knowles, and OUII each filed their replies.
Having considered the record, including the ID, the ALJ's
recommended determination on remedy and bonding, and the parties'
submissions, the Commission has
[[Page 56291]]
determined that a violation has occurred as to Mr. Li. Bellsing had
previously been found in default, and the Commission finds a violation
has occurred as to Bellsing. Specifically, the Commission finds that
(1) Mr. Li has met the importation requirement on modified grounds, and
affirms the ID's remaining findings on importation; (2) Mr. Li has used
and/or disclosed each of RTS Nos. 1-10; (3) RTS No. 6 has been
misappropriated; and (4) affirms the IDs findings on domestic industry.
All findings in the ID that are not inconsistent with the Commission's
determination are affirmed.
Accordingly, the Commission finds that there is a violation of
section 337. The Commission has determined that the appropriate remedy
is a GEO and CDOs directed to each of the Bellsing respondents and Mr.
Li. These orders bar Bellsing and Mr. Li's unfair acts for a duration
of twenty-six (26) years. The Commission has also determined that the
public interest factors enumerated in subsections 337(d)(1) and (f)(1)
(19 U.S.C. 1337(d)(1), (f)(1)) do not preclude the issuance of the GEO
and CDOs. The GEO is directed to covered products that are made by,
for, or on behalf of Bellsing and/or Mr. Li. The GEO reaches downstream
products incorporating the covered products. The GEO includes a
provision requiring any importer seeking to import the covered products
(or products containing them or the components thereof) manufactured by
or for Bellsing and/or Mr. Li or their affiliates or successors, to
obtain a ruling from the Commission prior to the importation of the
articles, finding that they are not subject to the GEO. The Commission
has set the bond at one hundred percent (100%) of the value of the
entered products imported by or on behalf of Bellsing and/or Mr. Li and
sets a zero percent (0%) bond (i.e., no bond) for downstream products
or components thereof. The investigation is terminated.
The Commission's orders and opinion were delivered to the President
and to the United States Trade Representative on the day of their
issuance.
The Commission vote for this determination took place on October 4,
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: October 4, 2021.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2021-21998 Filed 10-7-21; 8:45 am]
BILLING CODE 7020-02-P
