Notice of a Commission Determination Not To Review an Initial Determination Granting Respondent Icon's Motion To Amend the Notice of Investigation; Certain Fitness Devices, Streaming Components Thereof, and Systems Containing Same, 70532 [2021-26718]

Download as PDF jspears on DSK121TN23PROD with NOTICES1 70532 Federal Register / Vol. 86, No. 235 / Friday, December 10, 2021 / Notices of business on December 20, 2021. Reply submissions must be filed no later than the close of business on January 3, 2022. Opening submissions are limited to 150 pages. Reply submissions are limited to 150 pages. No further submissions on these issues will be permitted unless otherwise ordered by the Commission. Persons filing written submissions must file the original document electronically on or before the deadlines stated above. The Commission’s paper filing requirements in 19 CFR 210.4(f) are currently waived. 85 FR 15798 (March 19, 2020). Submissions should refer to the investigation number (Inv. No. 337–TA–1221) in a prominent place on the cover page and/or the first page. (See Handbook for Electronic Filing Procedures, https://www.usitc.gov/ documents/handbook_on_filing_ procedures.pdf). Persons with questions regarding filing should contact the Secretary, (202) 205–2000. Any person desiring to submit a document to the Commission in confidence must request confidential treatment by marking each document with a header indicating that the document contains confidential information. This marking will be deemed to satisfy the request procedure set forth in Rules 201.6(b) and 210.5(e)(2) (19 CFR 201.6(b) & 210.5(e)(2)). Documents for which confidential treatment by the Commission is properly sought will be treated accordingly. A redacted nonconfidential version of the document must also be filed simultaneously with any confidential filing. All information, including confidential business information and documents for which confidential treatment is properly sought, submitted to the Commission for purposes of this investigation may be disclosed to and used: (i) By the Commission, its employees and Offices, and contract personnel (a) for developing or maintaining the records of this or a related proceeding, or (b) in internal investigations, audits, reviews, and evaluations relating to the programs, personnel, and operations of the Commission including under 5 U.S.C. Appendix 3; or (ii) by U.S. government employees and contract personnel, solely for cybersecurity purposes. All contract personnel will sign appropriate nondisclosure agreements. All nonconfidential written submissions will be available for public inspection on EDIS. The Commission vote for this determination took place on December 6, 2021. The authority for the Commission’s determination is contained in section VerDate Sep<11>2014 17:03 Dec 09, 2021 Jkt 256001 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 210). By order of the Commission. Issued: December 6, 2021. Lisa Barton, Secretary to the Commission. [FR Doc. 2021–26719 Filed 12–9–21; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–1265] Notice of a Commission Determination Not To Review an Initial Determination Granting Respondent Icon’s Motion To Amend the Notice of Investigation; Certain Fitness Devices, Streaming Components Thereof, and Systems Containing Same U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that the U.S. International Trade Commission (‘‘Commission’’) has determined not to review an initial determination (‘‘ID’’) (Order No. 14) of the presiding chief administrative law judge (‘‘CALJ’’) granting respondent ICON’s motion to amend the notice of investigation (‘‘NOI’’). FOR FURTHER INFORMATION CONTACT: Michael Liberman, Esq., Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone (202) 205–2392. 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 under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337 (‘‘section 337’’) on May 19, 2021, based on a complaint filed by DISH DBS Corporation of Englewood, Colorado; DISH Technologies, L.L.C., of Englewood, Colorado; and Sling TV L.L.C., of Englewood, Colorado. 86 FR 27106–07 (May 19, 2021). The SUMMARY: PO 00000 Frm 00103 Fmt 4703 Sfmt 9990 complaint alleges a violation 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 Nos. 9,407,564; 10,469,554; 10,469,555; 10,757,156; and 10,951,680. The notice named as respondents ICON Health & Fitness, Inc., of Logan, Utah (‘‘ICON’’); FreeMotion Fitness, Inc., of Logan, Utah; FreeMotion Fitness, Inc., of Logan, Utah; lululemon athletica inc., of Vancouver, Canada; Curiouser Products Inc., of New York, New York; and Peloton Interactive, Inc., of New York, New York. The Commission’s Office of Unfair Import Investigations also was named as a party. On September 24, 2021, pursuant to Commission Rule 210.14(b)(1) (19 CFR 210.14(b)(1)), respondent ICON filed a motion to amend the NOI such ‘‘that the name ‘ICON Health & Fitness, Inc.’ be replaced with ‘iFIT Inc.’ ’’ and a memorandum in support thereof. The motion states that complainants, the named respondents and the Commission investigative attorney do not oppose the pending motion. No response was filed. On November 4, 2021, the CALJ issued the subject ID granting the motion. Based on the record evidence, the ID finds that good cause exists to change the name of a respondent from ICON Health & Fitness, Inc. to iFIT Inc. ID at 2 (citing Mem. Ex. 1 (document showing respondent ICON Health & Fitness, Inc.’s corporate name change to iFIT Inc.)). The ID further finds that this amendment would not prejudice the public interest or the rights of the parties to the investigation. No party petitioned for review of the ID. The Commission has determined not to review the subject ID. The Commission vote for this determination took place on December 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: December 6, 2021. Lisa Barton, Secretary to the Commission. [FR Doc. 2021–26718 Filed 12–9–21; 8:45 am] BILLING CODE 7020–02–P E:\FR\FM\10DEN1.SGM 10DEN1

Agencies

INTERNATIONAL TRADE COMMISSION

[Federal Register Volume 86, Number 235 (Friday, December 10, 2021)]
[Notices]
[Page 70532]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-26718]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1265]


Notice of a Commission Determination Not To Review an Initial 
Determination Granting Respondent Icon's Motion To Amend the Notice of 
Investigation; Certain Fitness Devices, Streaming Components Thereof, 
and Systems Containing Same

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission (``Commission'') has determined not to review an initial 
determination (``ID'') (Order No. 14) of the presiding chief 
administrative law judge (``CALJ'') granting respondent ICON's motion 
to amend the notice of investigation (``NOI'').

FOR FURTHER INFORMATION CONTACT: Michael Liberman, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone (202) 205-2392. 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 
under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337 
(``section 337'') on May 19, 2021, based on a complaint filed by DISH 
DBS Corporation of Englewood, Colorado; DISH Technologies, L.L.C., of 
Englewood, Colorado; and Sling TV L.L.C., of Englewood, Colorado. 86 FR 
27106-07 (May 19, 2021). The complaint alleges a violation 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 Nos. 9,407,564; 10,469,554; 10,469,555; 10,757,156; and 
10,951,680. The notice named as respondents ICON Health & Fitness, 
Inc., of Logan, Utah (``ICON''); FreeMotion Fitness, Inc., of Logan, 
Utah; FreeMotion Fitness, Inc., of Logan, Utah; lululemon athletica 
inc., of Vancouver, Canada; Curiouser Products Inc., of New York, New 
York; and Peloton Interactive, Inc., of New York, New York. The 
Commission's Office of Unfair Import Investigations also was named as a 
party.
    On September 24, 2021, pursuant to Commission Rule 210.14(b)(1) (19 
CFR 210.14(b)(1)), respondent ICON filed a motion to amend the NOI such 
``that the name `ICON Health & Fitness, Inc.' be replaced with `iFIT 
Inc.' '' and a memorandum in support thereof. The motion states that 
complainants, the named respondents and the Commission investigative 
attorney do not oppose the pending motion. No response was filed.
    On November 4, 2021, the CALJ issued the subject ID granting the 
motion. Based on the record evidence, the ID finds that good cause 
exists to change the name of a respondent from ICON Health & Fitness, 
Inc. to iFIT Inc. ID at 2 (citing Mem. Ex. 1 (document showing 
respondent ICON Health & Fitness, Inc.'s corporate name change to iFIT 
Inc.)). The ID further finds that this amendment would not prejudice 
the public interest or the rights of the parties to the investigation. 
No party petitioned for review of the ID.
    The Commission has determined not to review the subject ID.
    The Commission vote for this determination took place on December 
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: December 6, 2021.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2021-26718 Filed 12-9-21; 8:45 am]
BILLING CODE 7020-02-P

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