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]

Download as PDF 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 Frm 00053 Fmt 4703 Sfmt 4703 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 08OCN1

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]


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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