Certain Solar Power Optimizers, Inverters, and Components Thereof; Notice of Institution of Investigation, 54262-54263 [2022-18971]

Download as PDF lotter on DSK11XQN23PROD with NOTICES1 54262 Federal Register / Vol. 87, No. 170 / Friday, September 2, 2022 / Notices The Commission received no postRecommended Determination submissions on the public interest. On May 13, 2022, NOCO filed a petition with respect to the ’024 patent, seeking review of certain of the Final ID’s findings on the technical prong of the domestic industry requirement and infringement and seeking contingent review of certain of the Final ID’s findings on invalidity. That same day, Boltpower filed a petition seeking review of certain of the ALJ’s and ID’s findings on claim construction and infringement with respect to the ’024 patent. Also on May 13, 2022, the Carku and Winplus respondents filed a joint contingent petition with respect to the ’024 patent, seeking review of the Final ID on numerous issues related to infringement, invalidity, the technical prong of the domestic industry requirement, and the economic prong of the domestic industry requirement. No petitions were filed concerning the Final ID’s findings with respect to the asserted trademarks. On May 23, 2022, the parties and OUII filed responses to each other’s petitions. On June 30, 2022, the Commission determined not to review the Final ID’s findings of a violation of section 337 with respect to the ’656 mark and the ’749 mark by defaulting respondent Zhejiang Quingyou and with respect to the ’749 mark by defaulting respondent Mediatek. The Commission presumes that the allegations in the second amended complaint against Zhejiang Quingyou and Mediatek are true with respect to the ’656 and ’749 marks based on those respondents’ defaults. 19 U.S.C. 1337(g)(1). The Commission also determined to review in part the Final ID’s finding of no violation of section 337 with respect to the ’024 patent and, on review, to affirm the Final ID’s finding of no violation due to NOCO’s failure to satisfy the technical prong of the domestic industry requirement. The Commission determined to take no position on the remainder of Final ID’s findings under review. Beloit Corp. v. Valmet Oy, 742 F.2d 1421, 1423 (Fed. Cir. 1984). The Commission’s notice requested that the parties, interested government agencies, and the public provide written submissions on remedy, bonding, and the public interest with respect to defaulting respondents Zhejiang Quingyou and Mediatek. Having examined the parties’ submissions concerning remedy, the public interest, and bonding, the Commission has determined, pursuant to subsection 337(g)(1) (19 U.S.C. 1337(g)(1)), that the appropriate form of relief in this investigation is a limited exclusion order (‘‘LEO’’) with respect to VerDate Sep<11>2014 16:40 Sep 01, 2022 Jkt 256001 Zhejiang Quingyou prohibiting the importation of certain portable battery jump starters and components thereof that infringe the ’656 or ’749 marks and with respect to Mediatek prohibiting the importation of certain portable battery jump starters and components thereof that infringe the ’749 mark. Although NOCO requested the Commission to issue cease and desist orders (‘‘CDOs’’) directed to these defaulting respondents, the Commission has determined not to issue CDOs because of the lack of evidence or allegations that Zhejiang Quingyou or Mediatek maintain commercially significant inventory and/or engage in significant commercial operations the United States. The Commission has further determined that the public interest factors enumerated in subsection 337(g)(1) do not preclude the issuance of the limited exclusion order. Commissioner Schmidtlein and Commissioner Karpel agree that subsection 337(g)(1) is the appropriate authority for issuance of relief in this case, but they disagree with the determination not to issue the CDOs requested by NOCO. Specifically, Commissioners Schmidtlein and Karpel support issuance of both the requested LEO and the requested CDOs against defaulting respondents Zhejiang Quingyou and Mediatek because the criteria for issuance of such relief under subsection 337(g)(1)(A)–(E) are met as to these respondents. (19 U.S.C. 1337(g)(1)(A)–(E); see Order No. 23 at 2 (July 13, 2021); Notice of a Commission Determination Not to Review an Initial Determination Finding Ten Respondents in Default (July 30, 2021)). Here, in addition to an exclusion order, NOCO has requested CDOs as to these two defaulting respondents both in its post-hearing briefing before the ALJ and in its remedy submission before the Commission. Given that subsections 337(g)(1)(A)–(E) are satisfied, in Commissioner Schmidtlein’s and Commissioner Karpel’s view, the statute directs the Commission to issue the requested CDOs, subject to consideration of the public interest. Commissioners Schmidtlein and Karpel further find that the public interest factors enumerated in subsection 337(g)(1) do not preclude the issuance of the CDOs directed to defaulting respondents Zhejiang Quingyou and Mediatek. Accordingly, Commissioners Schmidtlein and Karpel support issuance of the CDOs, in addition to the issuance of the LEO discussed above, under subsection 337(g)(1). Finally, the Commission has determined that the bond for importation during the period of PO 00000 Frm 00076 Fmt 4703 Sfmt 4703 Presidential review shall be in the amount of one hundred percent (100%) of the entered value of such articles. The Commission’s notice and order were delivered to the President and to the United States Trade Representative on the day of their issuance. The Commission has also notified the Secretary of the Treasury and Customs and Border Protection of the order. The investigation is hereby terminated. 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: August 29, 2022. Katherine Hiner, Acting Secretary to the Commission. [FR Doc. 2022–18998 Filed 9–1–22; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–1327] Certain Solar Power Optimizers, Inverters, and Components Thereof; Notice of Institution of Investigation U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on July 28, 2022, under section 337 of the Tariff Act of 1930, as amended, on behalf of Ampt, LLC of Fort Collins, Colorado. The complaint was supplemented by letters on August 4, 11, and 15, 2022. The complaint, as supplemented, alleges violations of section 337 based upon the importation into the United States, the sale for importation, and the sale within the United States after importation of certain solar power optimizers, inverters, and components thereof by reason of the infringement of certain claims of U.S. Patent No. 9,673,630 (‘‘the ’630 patent’’) and U.S. Patent 11,289,917 (‘‘the ’917 patent’’). The complaint further alleges that an industry in the United States exists and/ or is in the process of being established as required by the applicable Federal Statute. The complainant requests that the Commission institute an investigation and, after the investigation, issue a limited exclusion order and cease and desist orders. SUMMARY: E:\FR\FM\02SEN1.SGM 02SEN1 Federal Register / Vol. 87, No. 170 / Friday, September 2, 2022 / Notices The complaint (and supplements to the complaint), except for any confidential information contained therein, may be viewed on the Commission’s electronic docket (EDIS) at https://edis.usitc.gov. For help accessing EDIS, please email EDIS3Help@usitc.gov. Hearing impaired individuals are advised that information on this matter can be obtained by contacting the Commission’s TDD terminal on (202) 205–1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at (202) 205– 2000. General information concerning the Commission may also be obtained by accessing its internet server at https://www.usitc.gov. FOR FURTHER INFORMATION CONTACT: Jessica Mullan, Office of Docket Services, U.S. International Trade Commission, telephone (202) 205–1802. SUPPLEMENTARY INFORMATION: Authority: The authority for institution of this investigation is contained in section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, and in section 210.10 of the Commission’s Rules of Practice and Procedure, 19 CFR 210.10 (2021). Scope of Investigation: Having considered the complaint, the U.S. International Trade Commission, on August 29, 2022, ordered that— (1) Pursuant to subsection (b) of section 337 of the Tariff Act of 1930, as amended, an investigation be instituted to determine whether there is a violation of subsection (a)(1)(B) of section 337 in the importation into the United States, the sale for importation, or the sale within the United States after importation of certain products identified in paragraph (2) by reason of infringement of one or more of claims 1, 3–5, 7–10, and 17 of the ’630 patent and one or more of claims 1–3, 9, 10, and 12 of the ’917 patent, whether an industry in the United States exists and/or is in the process of being established as required by subsection (a)(2) of section 337; (2) Pursuant to section 210.10(b)(1) of the Commission’s Rules of Practice and Procedure, 19 CFR 210.10(b)(1), the plain language description of the accused products or category of accused products, which defines the scope of the investigation, is ‘‘power optimizers for solar power systems that contain DC–DC converters, and inverters for solar power systems’’; (3) For the purpose of the investigation so instituted, the following are hereby named as parties upon which lotter on DSK11XQN23PROD with NOTICES1 ADDRESSES: VerDate Sep<11>2014 16:40 Sep 01, 2022 Jkt 256001 54263 this notice of investigation shall be served: INTERNATIONAL TRADE COMMISSION (a) The complainant is: Ampt, LLC, 4850 Innovation Drive, Fort Collins, CO 80525 [Investigation No. 731–TA–718 (Fifth Review)] (b) The respondents are the following entities alleged to be in violation of section 337, and are the parties upon which the complaint is to be served: Determination On the basis of the record 1 developed in the subject five-year review, the United States International Trade Commission (‘‘Commission’’) determines, pursuant to the Tariff Act of 1930 (‘‘the Act’’), that revocation of the antidumping duty order on glycine from China would be likely to lead to continuation or recurrence of material injury to an industry in the United States within a reasonably foreseeable time.2 SolarEdge Technologies, Inc., 700 Tasman Drive, Milpitas, CA 95035 SolarEdge Technologies, Ltd., 1 HaMada Street, Postal Code 4673335, Herzliya, Israel (4) For the investigation so instituted, the Chief Administrative Law Judge, U.S. International Trade Commission, shall designate the presiding Administrative Law Judge. The Office of Unfair Import Investigations will not participate as a party in this investigation. Responses to the complaint and the notice of investigation must be submitted by the named respondents in accordance with section 210.13 of the Commission’s Rules of Practice and Procedure, 19 CFR 210.13. Pursuant to 19 CFR 201.16(e) and 210.13(a), as amended in 85 FR 15798 (March 19, 2020), such responses will be considered by the Commission if received not later than 20 days after the date of service by the complainant of the complaint and the notice of investigation. Extensions of time for submitting responses to the complaint and the notice of investigation will not be granted unless good cause therefor is shown. Failure of a respondent to file a timely response to each allegation in the complaint and in this notice may be deemed to constitute a waiver of the right to appear and contest the allegations of the complaint and this notice, and to authorize the administrative law judge and the Commission, without further notice to the respondent, to find the facts to be as alleged in the complaint and this notice and to enter an initial determination and a final determination containing such findings, and may result in the issuance of an exclusion order or a cease and desist order or both directed against the respondent. By order of the Commission. Issued: August 29, 2022. Katherine Hiner, Acting Secretary to the Commission. [FR Doc. 2022–18971 Filed 9–1–22; 8:45 am] BILLING CODE 7020–02–P PO 00000 Frm 00077 Fmt 4703 Sfmt 4703 Glycine From China Background The Commission instituted this review on January 3, 2022 (87 FR 112) and determined on April 8, 2022 that it would conduct an expedited review (87 FR 44422, July 26, 2022). The Commission made this determination pursuant to section 751(c) of the Act (19 U.S.C. 1675(c)). It completed and filed its determination in this review on August 30, 2022. The views of the Commission are contained in USITC Publication 5347 (August 2022), entitled Glycine from China: Investigation No. 731–TA–718 (Fifth Review). By order of the Commission. Issued: August 30, 2022. Katherine Hiner, Acting Secretary to the Commission. [FR Doc. 2022–19088 Filed 9–1–22; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 731–TA–1105 (Second Review)] Lemon Juice From Argentina Determination On the basis of the record 1 developed in the subject five-year review, the United States International Trade Commission (‘‘Commission’’) determines, pursuant to the Tariff Act of 1930 (‘‘the Act’’), that termination of the suspended investigation on lemon juice from Argentina would be likely to lead 1 The record is defined in § 207.2(f) of the Commission’s Rules of Practice and Procedure (19 CFR 207.2(f)). 2 Commissioner Amy A. Karpel not participating. 1 The record is defined in § 207.2(f) of the Commission’s Rules of Practice and Procedure (19 CFR 207.2(f)). E:\FR\FM\02SEN1.SGM 02SEN1

Agencies

[Federal Register Volume 87, Number 170 (Friday, September 2, 2022)]
[Notices]
[Pages 54262-54263]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-18971]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1327]


Certain Solar Power Optimizers, Inverters, and Components 
Thereof; Notice of Institution of Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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

SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on July 28, 2022, under section 337 
of the Tariff Act of 1930, as amended, on behalf of Ampt, LLC of Fort 
Collins, Colorado. The complaint was supplemented by letters on August 
4, 11, and 15, 2022. The complaint, as supplemented, alleges violations 
of section 337 based upon the importation into the United States, the 
sale for importation, and the sale within the United States after 
importation of certain solar power optimizers, inverters, and 
components thereof by reason of the infringement of certain claims of 
U.S. Patent No. 9,673,630 (``the '630 patent'') and U.S. Patent 
11,289,917 (``the '917 patent''). The complaint further alleges that an 
industry in the United States exists and/or is in the process of being 
established as required by the applicable Federal Statute.
    The complainant requests that the Commission institute an 
investigation and, after the investigation, issue a limited exclusion 
order and cease and desist orders.

[[Page 54263]]


ADDRESSES: The complaint (and supplements to the complaint), except for 
any confidential information contained therein, may be viewed on the 
Commission's electronic docket (EDIS) at https://edis.usitc.gov. For 
help accessing EDIS, please email [email protected]. Hearing impaired 
individuals are advised that information on this matter can be obtained 
by contacting the Commission's TDD terminal on (202) 205-1810. Persons 
with mobility impairments who will need special assistance in gaining 
access to the Commission should contact the Office of the Secretary at 
(202) 205-2000. General information concerning the Commission may also 
be obtained by accessing its internet server at https://www.usitc.gov.

FOR FURTHER INFORMATION CONTACT: Jessica Mullan, Office of Docket 
Services, U.S. International Trade Commission, telephone (202) 205-
1802.

SUPPLEMENTARY INFORMATION: 
    Authority: The authority for institution of this investigation is 
contained in section 337 of the Tariff Act of 1930, as amended, 19 
U.S.C. 1337, and in section 210.10 of the Commission's Rules of 
Practice and Procedure, 19 CFR 210.10 (2021). Scope of Investigation: 
Having considered the complaint, the U.S. International Trade 
Commission, on August 29, 2022, ordered that--
    (1) Pursuant to subsection (b) of section 337 of the Tariff Act of 
1930, as amended, an investigation be instituted to determine whether 
there is a violation of subsection (a)(1)(B) of section 337 in the 
importation into the United States, the sale for importation, or the 
sale within the United States after importation of certain products 
identified in paragraph (2) by reason of infringement of one or more of 
claims 1, 3-5, 7-10, and 17 of the '630 patent and one or more of 
claims 1-3, 9, 10, and 12 of the '917 patent, whether an industry in 
the United States exists and/or is in the process of being established 
as required by subsection (a)(2) of section 337;
    (2) Pursuant to section 210.10(b)(1) of the Commission's Rules of 
Practice and Procedure, 19 CFR 210.10(b)(1), the plain language 
description of the accused products or category of accused products, 
which defines the scope of the investigation, is ``power optimizers for 
solar power systems that contain DC-DC converters, and inverters for 
solar power systems'';
    (3) For the purpose of the investigation so instituted, the 
following are hereby named as parties upon which this notice of 
investigation shall be served:

    (a) The complainant is:
Ampt, LLC, 4850 Innovation Drive, Fort Collins, CO 80525

    (b) The respondents are the following entities alleged to be in 
violation of section 337, and are the parties upon which the complaint 
is to be served:

SolarEdge Technologies, Inc., 700 Tasman Drive, Milpitas, CA 95035
SolarEdge Technologies, Ltd., 1 HaMada Street, Postal Code 4673335, 
Herzliya, Israel

    (4) For the investigation so instituted, the Chief Administrative 
Law Judge, U.S. International Trade Commission, shall designate the 
presiding Administrative Law Judge.
    The Office of Unfair Import Investigations will not participate as 
a party in this investigation.
    Responses to the complaint and the notice of investigation must be 
submitted by the named respondents in accordance with section 210.13 of 
the Commission's Rules of Practice and Procedure, 19 CFR 210.13. 
Pursuant to 19 CFR 201.16(e) and 210.13(a), as amended in 85 FR 15798 
(March 19, 2020), such responses will be considered by the Commission 
if received not later than 20 days after the date of service by the 
complainant of the complaint and the notice of investigation. 
Extensions of time for submitting responses to the complaint and the 
notice of investigation will not be granted unless good cause therefor 
is shown.
    Failure of a respondent to file a timely response to each 
allegation in the complaint and in this notice may be deemed to 
constitute a waiver of the right to appear and contest the allegations 
of the complaint and this notice, and to authorize the administrative 
law judge and the Commission, without further notice to the respondent, 
to find the facts to be as alleged in the complaint and this notice and 
to enter an initial determination and a final determination containing 
such findings, and may result in the issuance of an exclusion order or 
a cease and desist order or both directed against the respondent.

    By order of the Commission.

    Issued: August 29, 2022.
Katherine Hiner,
Acting Secretary to the Commission.
[FR Doc. 2022-18971 Filed 9-1-22; 8:45 am]
BILLING CODE 7020-02-P
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