Certain Electric Shavers and Components and Accessories Thereof; Commission Determination To Review in Part an Initial Determination Granting in Part Complainant's Motion for Summary Determination of a Violation of Section 337; Schedule for Filing Written Submissions on the Issues Under Review and on Remedy, the Public Interest, and Bonding, 990-992 [2022-00086]
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Federal Register / Vol. 87, No. 5 / Friday, January 7, 2022 / Notices
your entire comment—including your
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While you can ask the BLM in your
comment to withhold your personal
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it will be able to do so.
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and 43 CFR 1610.2.
Gregory Sheehan,
State Director, Bureau of Land Management,
Utah.
[FR Doc. 2021–27518 Filed 1–6–22; 8:45 am]
BILLING CODE 4310–DQ–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–1230]
Certain Electric Shavers and
Components and Accessories Thereof;
Commission Determination To Review
in Part an Initial Determination
Granting in Part Complainant’s Motion
for Summary Determination of a
Violation of Section 337; Schedule for
Filing Written Submissions on the
Issues Under Review and on Remedy,
the Public Interest, and Bonding
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 an initial
determination (‘‘ID’’) (Order No. 33) of
the presiding administrative law judge
(‘‘ALJ’’), granting in part summary
determination on violation of section
337 and including a recommended
determination (‘‘RD’’) on remedy and
bonding. The Commission has
determined to review the ID’s findings
concerning the economic prong of the
domestic industry requirement. The
Commission requests briefing from the
parties on the issue under review, and
briefing from the parties, interested
government agencies, and interested
persons on the issues of remedy, the
public interest, and bonding.
FOR FURTHER INFORMATION CONTACT:
Sidney A. Rosenzweig, Office of the
General Counsel, U.S. International
Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202)
708–2532. 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
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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, telephone
(202) 205–1810.
SUPPLEMENTARY INFORMATION: On
November 18, 2020, the Commission
instituted this investigation based on a
complaint filed by Complainant Skull
Shaver (‘‘Skull Shaver’’) of Moorestown,
New Jersey. 85 FR 73510–11 (Nov. 18,
2020). The complaint alleged violations
of section 337 of the Tariff Act of 1930,
as amended, 19 U.S.C. 1337, based on
the importation into the United States,
the sale for importation, or the sale
within the United States after
importation of certain electric shavers
and components and accessories thereof
by reason of infringement of certain
claims of U.S. Patent Nos. 8,726,528 and
D672,504. Id. The Commission’s notice
of investigation named the following
eleven entities as respondents:
Rayenbarny Inc. (‘‘Rayenbarny’’) of New
York, New York; Bald Shaver Inc.
(‘‘Bald Shaver’’) of Toronto, Canada;
Suzhou Kaidiya Garments Trading Co.,
Ltd. (‘‘Suzhou’’) d.b.a. ‘‘Digimator’’ of
Suzhou, China; Shenzhen Aiweilai
Trading Co., Ltd. (‘‘Aiweilei’’) d.b.a.
‘‘Teamyo’’ of Shenzhen, China;
Wenzhou Wending Electric Appliance
Co., Ltd. of Yueqing City, China;
Shenzhen Nukun Technology Co., Ltd.
(‘‘Nukun’’) d.b.a. ‘‘OriHea’’ of Shenzhen,
China; Yiwu Xingye Network
Technology Co. Ltd. (‘‘Yiwu Xingye’’)
d.b.a. ‘‘Roziapro’’ of Yiwu, China;
Magicfly LLC (‘‘Magicfly’’) of Hong
Kong; Yiwu City Qiaoyu Trading Co.,
Ltd. (‘‘Yiwu City’’) of Yiwu, China;
Shenzhen Wantong Information
Technology Co., Ltd. (‘‘Wantong’’) d.b.a.
‘‘WTONG’’ of Shenzhen, China; and
Shenzhen Junmao International
Technology Co., Ltd. (‘‘Junmao’’) d.b.a.
‘‘Homeas’’ of Shenzhen, China. The
notice of investigation also named the
Office of Unfair Import Investigations
(‘‘OUII’’) as a party. Id.
The Commission terminated
Rayenbarny from the investigation
because its accused product was
actually imported by Benepuri LLC
(‘‘Benepuri’’) of Menands, New York;
the Commission allowed Benepuri to
intervene as a respondent. Notice, 85 FR
82514, 82515 (Dec. 18, 2020). The
Commission later granted Skull Shaver’s
motion to amend the Complaint and the
notice of investigation to correct the
name of Wenzhou Wending Electric
Appliance Co., Ltd. d.b.a. ‘‘Paitree’’ is
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Wenzhou Wending Electric Appliance
Co., Ltd. (‘‘Wenzhou’’), and to correct
the addresses of several respondents.
Notice, 86 FR 14645, 14645 (Mar. 17,
2021). The Commission terminated
Magicfly from the investigation on the
basis of settlement. Notice at 2 (May 19,
2021). The Commission terminated
Nukun and Benepuri from the
investigation on the basis of withdrawal
of the complaint. Notice at 2 (June 21,
2021) (Nukun); Notice at 2 (Oct. 28,
2021) (Benepuri). All of the remaining
respondents (i.e., all respondents other
than Magicfly, Nukun, Benepuri and
Rayenbarny) defaulted. See Notice at 3
(May 21, 2021) (seven defaulting
respondents); Notice at 2 (Dec. 9, 2021)
(Bald Shaver). Taken together, the eight
defaulting respondents are: Suzhou;
Yiwu City; Wenzhou; Aiweilai; Junmao;
Wantong; Yiwu Xingye; and Bald
Shaver.
On May 26, 2021, Skull Shaver filed
a motion for summary determination of
violation of section 337 by the eight
defaulting respondents and for a
recommendation that the Commission
issue a general exclusion order (‘‘GEO’’)
and cease and desist orders (‘‘CDOs’’).
See Complainants’ Motion for Summary
Determination of Violation and for
Recommended Determination on
Remedy and Bonding (‘‘Skull Shaver
Motion’’). On June 7, 2021, OUII filled
a response in support of Skull Shaver’s
motion. See Commission Investigative
Staff’s Response to Skull Shaver’s
Motion for Summary Determination of
Violation (‘‘OUII Response’’). No
respondent filed a response to Skull
Shaver’s motion.
On September 23, 2021, OUII filed a
notice of supplemental authority
concerning the domestic industry
requirement. On September 28, 2021,
the ALJ issued an order (Order No. 31)
ordering certain supplementation of
Skull Shaver’s domestic industry
analysis. On October 14, 2021, Skull
Shaver submitted its supplement in
response to Order No. 31. No other
responses to Order No. 31 were filed.
On November 18, 2021, the ALJ grantedin-part Skull Shaver’s motion for
summary determination as the subject
ID.
The ID finds that Skull Shaver owns
the asserted patents, and that those
patents are valid and enforceable. ID at
3. The ID further finds that although all
respondents imported, sold for
importation, or sold within the United
States after importation at least one
accused article, the only respondents
whose articles infringe the asserted
patents are Yiwu Xingye and Yiwu City.
Id. at 3–4. The ID finds that personal
jurisdiction is not necessary over each
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defaulting respondent, but that the
defaulting respondents waived any
opportunity to contest the allegation
that personal jurisdiction exists. Id. The
ID further finds that Skull Shaver meets
the technical prong and the economic
prong of the domestic industry
requirement. Id. at 4. As to remedy, the
RD finds that there is a widespread
pattern of unauthorized use of the
asserted patents and that a GEO is
necessary to prevent circumvention. Id.
at 4. The RD also recommends issuance
of CDOs against the two infringing
respondents that maintain domestic
inventories. RD at 80–81. The RD
recommends a bond rate of 100%
because complete pricing information is
not available. RD at 82.
No petitions for review of the ID were
filed.
The Commission has determined to
review the ID’s findings concerning the
economic prong of the domestic
industry requirement, and not to review
the ID’s findings on other issues.
The parties are asked to brief the
following issues concerning the
economic prong of the domestic
industry requirement:
(1) Within each of the general
categories of labor (management,
marketing/creative, customer service,
and logistics/warehousing), please
explain which particular activities differ
from those of a mere importer, including
by addressing the extent to which the
activities do not need to take place in
the United States either as a legal or a
practical matter.
(2) Please provide, to the extent
permitted by the record, a breakout or
estimated breakout of the claimed
expenditures by type of activities to
allow separate consideration of
expenses for activities that do not need
to take place in the United States either
as a legal or a practical matter. In your
answer please be sure to address (a) the
various tasks performed by
management, (b) the work done by
logistics/warehouse employees related
to quality control and repair, and (c) the
work done by marketing/creative
employees related to industrial design,
research and development, and
prototyping.
(3) Does the total claimed expense for
logistics/warehouse labor costs (see,
e.g., ID at 63) include all activities done
by those workers, or only quality control
and repair work?
In connection with the final
disposition of this investigation, the
statute authorizes issuance of: (1) An
exclusion order that could result in the
exclusion of the subject articles from
entry into the United States, and/or (2)
one or more cease and desist orders that
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could result in the Defaulting
Respondents being required to cease
and desist from engaging in unfair acts
in the importation and sale of such
articles. Accordingly, the Commission is
interested in receiving written
submissions that address the form of
remedy, if any, that should be ordered.
If a party seeks exclusion of an article
from entry into the United States for
purposes other than entry for
consumption, the party should so
indicate and provide information
establishing that activities involving
other types of entry either are adversely
affecting it or likely to do so. For
background, see Certain Devices for
Connecting Computers via Telephone
Lines, Inv. No. 337–TA–360, USITC
Pub. No. 2843, Comm’n Op. at 7–10
(December 1994).
The statute requires the Commission
to consider the effects of any remedy
upon the public interest. The public
interest factors the Commission will
consider include the effect that an
exclusion order and/or CDO would have
on: (1) The public health and welfare;
(2) competitive conditions in the U.S.
economy; (3) U.S. production of articles
that are like or directly competitive with
those that are subject to investigation;
and (4) U.S. consumers. The
Commission is therefore interested in
receiving written submissions that
address the aforementioned public
interest factors in the context of this
investigation.
If the Commission orders some form
of remedy, the U.S. Trade
Representative, as delegated by the
President, has 60 days to approve,
disapprove, or take no action on the
Commission’s determination. See
Presidential Memorandum of July 21,
2005. 70 FR 43251 (July 26, 2005).
During this period, the subject articles
would be entitled to enter the United
States under bond, in an amount
determined by the Commission and
prescribed by the Secretary of the
Treasury. The Commission is therefore
interested in receiving submissions
concerning the amount of the bond that
should be imposed if a remedy is
ordered.
Written Submissions: The parties to
the investigation are requested to file
written submissions on the issue under
review as set forth above. Parties to this
investigation, interested government
agencies, and any other interested
parties are invited to file written
submissions on the issues of remedy,
the public interest, and bonding. Such
submissions should include views on
the recommended determination by the
ALJ on remedy and bonding.
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991
In its initial written submissions,
Skull Shaver is also requested to
identify the remedy sought and Skull
Shaver and OUII are also requested to
submit proposed remedial orders for the
Commission’s consideration. Skull
Shaver is further requested to provide
the HTSUS subheadings under which
the subject articles are imported and to
supply identification information for all
known importers of the subject articles.
Initial written submissions, including
proposed remedial orders, must be filed
no later than close of business on
January 18, 2022. Reply submissions
must be filed no later than the close of
business on January 25, 2022. No further
submissions on any of 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 (Mar.
19, 2020). Submissions should refer to
the investigation number (Inv. No. 337–
TA–1230) 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
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Federal Register / Vol. 87, No. 5 / Friday, January 7, 2022 / Notices
personnel, solely for cybersecurity
purposes. All contract personnel will
sign appropriate nondisclosure
agreements. All non-confidential
written submissions will be available for
public inspection at the Office of the
Secretary and on EDIS.
The Commission vote for these
determinations took place on January 3,
2022.
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: January 4, 2022.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2022–00086 Filed 1–6–22; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation Nos. 731–TA–1578–1579
(Preliminary)]
Lemon Juice From Brazil and South
Africa; Institution of Antidumping Duty
Investigations and Scheduling of
Preliminary Phase Investigations
United States International
Trade Commission.
ACTION: Notice.
AGENCY:
The Commission hereby gives
notice of the institution of investigations
and commencement of preliminary
phase antidumping duty investigation
Nos. 731–TA–1578–1579 (Preliminary)
pursuant to the Tariff Act of 1930 (‘‘the
Act’’) to determine whether there is a
reasonable indication that an industry
in the United States is materially
injured or threatened with material
injury, or the establishment of an
industry in the United States is
materially retarded, by reason of
imports of lemon juice from Brazil and
South Africa, provided for in
subheadings 2009.31.40 and 2009.31.60
of the Harmonized Tariff Schedule of
the United States, that are alleged to be
sold in the United States at less than fair
value. Unless the Department of
Commerce (‘‘Commerce’’) extends the
time for initiation, the Commission
must reach preliminary determinations
in antidumping duty investigations in
45 days, or in this case by February 14,
2022. The Commission’s views must be
transmitted to Commerce within five
business days thereafter, or by February
22, 2022.
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DATES:
December 30, 2021.
FOR FURTHER INFORMATION CONTACT:
Julie
Duffy (202–708–2579), Office of
Investigations, U.S. International Trade
Commission, 500 E Street SW,
Washington, DC 20436. Hearingimpaired persons can obtain
information on this matter 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 (https://
www.usitc.gov). The public record for
these investigations may be viewed on
the Commission’s electronic docket
(EDIS) at https://edis.usitc.gov.
SUPPLEMENTARY INFORMATION:
Background.—These investigations
are being instituted, pursuant to section
733(a) of the Tariff Act of 1930 (19
U.S.C. 1673b(a)), in response to
petitions filed on December 30, 2021, by
Ventura Coastal LLC, Ventura,
California.
For further information concerning
the conduct of these investigations and
rules of general application, consult the
Commission’s Rules of Practice and
Procedure, part 201, subparts A and B
(19 CFR part 201), and part 207,
subparts A and B (19 CFR part 207).
Participation in the investigations and
public service list.—Persons (other than
petitioners) wishing to participate in the
investigations as parties must file an
entry of appearance with the Secretary
to the Commission, as provided in
§§ 201.11 and 207.10 of the
Commission’s rules, not later than seven
days after publication of this notice in
the Federal Register. Industrial users
and (if the merchandise under
investigation is sold at the retail level)
representative consumer organizations
have the right to appear as parties in
Commission antidumping 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 these investigations upon the
expiration of the period for filing entries
of appearance.
Limited disclosure of business
proprietary information (BPI) under an
administrative protective order (APO)
and BPI service list.—Pursuant to
§ 207.7(a) of the Commission’s rules, the
Secretary will make BPI gathered in
these investigations available to
authorized applicants representing
interested parties (as defined in 19
U.S.C. 1677(9)) who are parties to the
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investigations under the APO issued in
the investigations, provided that the
application is made not later than seven
days after the publication of this notice
in the Federal Register. A separate
service list will be maintained by the
Secretary for those parties authorized to
receive BPI under the APO.
Conference.—In light of the
restrictions on access to the Commission
building due to the COVID–19
pandemic, the Commission is
conducting the staff conference through
video conferencing on January 20, 2022.
Requests to appear at the conference
should be emailed to
preliminaryconferences@usitc.gov (DO
NOT FILE ON EDIS) on or before
January 18, 2022. Please provide an
email address for each conference
participant in the email. Information on
conference procedures will be provided
separately and guidance on joining the
video conference will be available on
the Commission’s Daily Calendar. A
nonparty who has testimony that may
aid the Commission’s deliberations may
request permission to participate by
submitting a short statement.
Please note the Secretary’s Office will
accept only electronic filings during this
time. Filings must be made through the
Commission’s Electronic Document
Information System (EDIS, https://
edis.usitc.gov). No in-person paperbased filings or paper copies of any
electronic filings will be accepted until
further notice.
Written submissions.—As provided in
§§ 201.8 and 207.15 of the
Commission’s rules, any person may
submit to the Commission on or before
January 25, 2022, a written brief
containing information and arguments
pertinent to the subject matter of the
investigations. Parties shall file written
testimony and supplementary material
in connection with their presentation at
the conference no later than noon on
January 19, 2022. All written
submissions must conform with the
provisions of § 201.8 of the
Commission’s rules; any submissions
that contain BPI must also conform with
the requirements of §§ 201.6, 207.3, and
207.7 of the Commission’s rules. The
Commission’s Handbook on Filing
Procedures, available on the
Commission’s website at https://
www.usitc.gov/documents/handbook_
on_filing_procedures.pdf, elaborates
upon the Commission’s procedures with
respect to filings.
In accordance with §§ 201.16(c) and
207.3 of the rules, each document filed
by a party to the investigations must be
served on all other parties to the
investigations (as identified by either
the public or BPI service list), and a
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]]>Agencies
[Federal Register Volume 87, Number 5 (Friday, January 7, 2022)]
[Notices]
[Pages 990-992]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-00086]
=======================================================================
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1230]
Certain Electric Shavers and Components and Accessories Thereof;
Commission Determination To Review in Part an Initial Determination
Granting in Part Complainant's Motion for Summary Determination of a
Violation of Section 337; Schedule for Filing Written Submissions on
the Issues Under Review and on Remedy, the Public Interest, and Bonding
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 an initial
determination (``ID'') (Order No. 33) of the presiding administrative
law judge (``ALJ''), granting in part summary determination on
violation of section 337 and including a recommended determination
(``RD'') on remedy and bonding. The Commission has determined to review
the ID's findings concerning the economic prong of the domestic
industry requirement. The Commission requests briefing from the parties
on the issue under review, and briefing from the parties, interested
government agencies, and interested persons on the issues of remedy,
the public interest, and bonding.
FOR FURTHER INFORMATION CONTACT: Sidney A. Rosenzweig, Office of the
General Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202) 708-2532. 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, telephone (202) 205-1810.
SUPPLEMENTARY INFORMATION: On November 18, 2020, the Commission
instituted this investigation based on a complaint filed by Complainant
Skull Shaver (``Skull Shaver'') of Moorestown, New Jersey. 85 FR 73510-
11 (Nov. 18, 2020). The complaint alleged violations of section 337 of
the Tariff Act of 1930, as amended, 19 U.S.C. 1337, based on the
importation into the United States, the sale for importation, or the
sale within the United States after importation of certain electric
shavers and components and accessories thereof by reason of
infringement of certain claims of U.S. Patent Nos. 8,726,528 and
D672,504. Id. The Commission's notice of investigation named the
following eleven entities as respondents: Rayenbarny Inc.
(``Rayenbarny'') of New York, New York; Bald Shaver Inc. (``Bald
Shaver'') of Toronto, Canada; Suzhou Kaidiya Garments Trading Co., Ltd.
(``Suzhou'') d.b.a. ``Digimator'' of Suzhou, China; Shenzhen Aiweilai
Trading Co., Ltd. (``Aiweilei'') d.b.a. ``Teamyo'' of Shenzhen, China;
Wenzhou Wending Electric Appliance Co., Ltd. of Yueqing City, China;
Shenzhen Nukun Technology Co., Ltd. (``Nukun'') d.b.a. ``OriHea'' of
Shenzhen, China; Yiwu Xingye Network Technology Co. Ltd. (``Yiwu
Xingye'') d.b.a. ``Roziapro'' of Yiwu, China; Magicfly LLC
(``Magicfly'') of Hong Kong; Yiwu City Qiaoyu Trading Co., Ltd. (``Yiwu
City'') of Yiwu, China; Shenzhen Wantong Information Technology Co.,
Ltd. (``Wantong'') d.b.a. ``WTONG'' of Shenzhen, China; and Shenzhen
Junmao International Technology Co., Ltd. (``Junmao'') d.b.a.
``Homeas'' of Shenzhen, China. The notice of investigation also named
the Office of Unfair Import Investigations (``OUII'') as a party. Id.
The Commission terminated Rayenbarny from the investigation because
its accused product was actually imported by Benepuri LLC
(``Benepuri'') of Menands, New York; the Commission allowed Benepuri to
intervene as a respondent. Notice, 85 FR 82514, 82515 (Dec. 18, 2020).
The Commission later granted Skull Shaver's motion to amend the
Complaint and the notice of investigation to correct the name of
Wenzhou Wending Electric Appliance Co., Ltd. d.b.a. ``Paitree'' is
Wenzhou Wending Electric Appliance Co., Ltd. (``Wenzhou''), and to
correct the addresses of several respondents. Notice, 86 FR 14645,
14645 (Mar. 17, 2021). The Commission terminated Magicfly from the
investigation on the basis of settlement. Notice at 2 (May 19, 2021).
The Commission terminated Nukun and Benepuri from the investigation on
the basis of withdrawal of the complaint. Notice at 2 (June 21, 2021)
(Nukun); Notice at 2 (Oct. 28, 2021) (Benepuri). All of the remaining
respondents (i.e., all respondents other than Magicfly, Nukun, Benepuri
and Rayenbarny) defaulted. See Notice at 3 (May 21, 2021) (seven
defaulting respondents); Notice at 2 (Dec. 9, 2021) (Bald Shaver).
Taken together, the eight defaulting respondents are: Suzhou; Yiwu
City; Wenzhou; Aiweilai; Junmao; Wantong; Yiwu Xingye; and Bald Shaver.
On May 26, 2021, Skull Shaver filed a motion for summary
determination of violation of section 337 by the eight defaulting
respondents and for a recommendation that the Commission issue a
general exclusion order (``GEO'') and cease and desist orders
(``CDOs''). See Complainants' Motion for Summary Determination of
Violation and for Recommended Determination on Remedy and Bonding
(``Skull Shaver Motion''). On June 7, 2021, OUII filled a response in
support of Skull Shaver's motion. See Commission Investigative Staff's
Response to Skull Shaver's Motion for Summary Determination of
Violation (``OUII Response''). No respondent filed a response to Skull
Shaver's motion.
On September 23, 2021, OUII filed a notice of supplemental
authority concerning the domestic industry requirement. On September
28, 2021, the ALJ issued an order (Order No. 31) ordering certain
supplementation of Skull Shaver's domestic industry analysis. On
October 14, 2021, Skull Shaver submitted its supplement in response to
Order No. 31. No other responses to Order No. 31 were filed. On
November 18, 2021, the ALJ granted-in-part Skull Shaver's motion for
summary determination as the subject ID.
The ID finds that Skull Shaver owns the asserted patents, and that
those patents are valid and enforceable. ID at 3. The ID further finds
that although all respondents imported, sold for importation, or sold
within the United States after importation at least one accused
article, the only respondents whose articles infringe the asserted
patents are Yiwu Xingye and Yiwu City. Id. at 3-4. The ID finds that
personal jurisdiction is not necessary over each
[[Page 991]]
defaulting respondent, but that the defaulting respondents waived any
opportunity to contest the allegation that personal jurisdiction
exists. Id. The ID further finds that Skull Shaver meets the technical
prong and the economic prong of the domestic industry requirement. Id.
at 4. As to remedy, the RD finds that there is a widespread pattern of
unauthorized use of the asserted patents and that a GEO is necessary to
prevent circumvention. Id. at 4. The RD also recommends issuance of
CDOs against the two infringing respondents that maintain domestic
inventories. RD at 80-81. The RD recommends a bond rate of 100% because
complete pricing information is not available. RD at 82.
No petitions for review of the ID were filed.
The Commission has determined to review the ID's findings
concerning the economic prong of the domestic industry requirement, and
not to review the ID's findings on other issues.
The parties are asked to brief the following issues concerning the
economic prong of the domestic industry requirement:
(1) Within each of the general categories of labor (management,
marketing/creative, customer service, and logistics/warehousing),
please explain which particular activities differ from those of a mere
importer, including by addressing the extent to which the activities do
not need to take place in the United States either as a legal or a
practical matter.
(2) Please provide, to the extent permitted by the record, a
breakout or estimated breakout of the claimed expenditures by type of
activities to allow separate consideration of expenses for activities
that do not need to take place in the United States either as a legal
or a practical matter. In your answer please be sure to address (a) the
various tasks performed by management, (b) the work done by logistics/
warehouse employees related to quality control and repair, and (c) the
work done by marketing/creative employees related to industrial design,
research and development, and prototyping.
(3) Does the total claimed expense for logistics/warehouse labor
costs (see, e.g., ID at 63) include all activities done by those
workers, or only quality control and repair work?
In connection with the final disposition of this investigation, the
statute authorizes issuance of: (1) An exclusion order that could
result in the exclusion of the subject articles from entry into the
United States, and/or (2) one or more cease and desist orders that
could result in the Defaulting Respondents being required to cease and
desist from engaging in unfair acts in the importation and sale of such
articles. Accordingly, the Commission is interested in receiving
written submissions that address the form of remedy, if any, that
should be ordered. If a party seeks exclusion of an article from entry
into the United States for purposes other than entry for consumption,
the party should so indicate and provide information establishing that
activities involving other types of entry either are adversely
affecting it or likely to do so. For background, see Certain Devices
for Connecting Computers via Telephone Lines, Inv. No. 337-TA-360,
USITC Pub. No. 2843, Comm'n Op. at 7-10 (December 1994).
The statute requires the Commission to consider the effects of any
remedy upon the public interest. The public interest factors the
Commission will consider include the effect that an exclusion order
and/or CDO would have on: (1) The public health and welfare; (2)
competitive conditions in the U.S. economy; (3) U.S. production of
articles that are like or directly competitive with those that are
subject to investigation; and (4) U.S. consumers. The Commission is
therefore interested in receiving written submissions that address the
aforementioned public interest factors in the context of this
investigation.
If the Commission orders some form of remedy, the U.S. Trade
Representative, as delegated by the President, has 60 days to approve,
disapprove, or take no action on the Commission's determination. See
Presidential Memorandum of July 21, 2005. 70 FR 43251 (July 26, 2005).
During this period, the subject articles would be entitled to enter the
United States under bond, in an amount determined by the Commission and
prescribed by the Secretary of the Treasury. The Commission is
therefore interested in receiving submissions concerning the amount of
the bond that should be imposed if a remedy is ordered.
Written Submissions: The parties to the investigation are requested
to file written submissions on the issue under review as set forth
above. Parties to this investigation, interested government agencies,
and any other interested parties are invited to file written
submissions on the issues of remedy, the public interest, and bonding.
Such submissions should include views on the recommended determination
by the ALJ on remedy and bonding.
In its initial written submissions, Skull Shaver is also requested
to identify the remedy sought and Skull Shaver and OUII are also
requested to submit proposed remedial orders for the Commission's
consideration. Skull Shaver is further requested to provide the HTSUS
subheadings under which the subject articles are imported and to supply
identification information for all known importers of the subject
articles.
Initial written submissions, including proposed remedial orders,
must be filed no later than close of business on January 18, 2022.
Reply submissions must be filed no later than the close of business on
January 25, 2022. No further submissions on any of 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 (Mar. 19, 2020). Submissions should refer to the
investigation number (Inv. No. 337-TA-1230) 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
non-confidential 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
[[Page 992]]
personnel, solely for cybersecurity purposes. All contract personnel
will sign appropriate nondisclosure agreements. All non-confidential
written submissions will be available for public inspection at the
Office of the Secretary and on EDIS.
The Commission vote for these determinations took place on January
3, 2022.
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: January 4, 2022.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2022-00086 Filed 1-6-22; 8:45 am]
BILLING CODE 7020-02-P
