Certain Composite Baseball and Softball Bats and Components Thereof; Notice of a Commission Issuance of a Limited Exclusion Order and a Cease and Desist Order Against a Defaulting Respondent; Termination of Investigation, 66746-66747 [2022-24053]

Download as PDF 66746 Federal Register / Vol. 87, No. 213 / Friday, November 4, 2022 / Notices 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. 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 Lund Motion Products, Inc. on October 28, 2022. 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 regarding certain automated retractable vehicle steps and components thereof. The complainant names as respondents: Anhui Aggeus Auto-Tech Co., Ltd. a/k/ a Wuhu Woden Auto Parts Co. Ltd. a/ k/a Wuhu Wow-good Auto-tech Co. Ltd. a/k/a Anhui Wollin International Co., Ltd. of China; Rough Country LLC of Dyersburg, TN; Southern Truck LLC a/ k/a Top Gun Customz of Swanton, OH, Meyer Distributing, Inc. of Jasper, IN, and Earl Owen Company, Inc. of Carrollton, TX. The complainant requests that the Commission issue a general exclusion order, or in the alternative a limited exclusion order, and cease and desist orders, and impose a bond upon respondent’s alleged infringing articles during the 60-day 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: khammond on DSKJM1Z7X2PROD with NOTICES SUPPLEMENTARY INFORMATION: VerDate Sep<11>2014 18:12 Nov 03, 2022 Jkt 259001 (i) explain how the articles potentially subject to the requested remedial orders are used in the United States; (ii) identify any public health, safety, or welfare concerns in the United States relating to the requested remedial orders; (iii) identify like or directly competitive articles that complainant, its licensees, or third parties make in the United States which could replace the subject articles if they were to be excluded; (iv) indicate whether complainant, complainant’s licensees, and/or third party suppliers have the capacity to replace the volume of articles potentially subject to the requested exclusion order and/or a cease and desist order within a commercially reasonable time; and (v) explain how the requested remedial orders would impact United States consumers. Written submissions on the public interest must be filed no later than by close of business, eight calendar days after the date of publication of this notice in the Federal Register. There will be further opportunities for comment on the public interest after the issuance of any final initial determination in this investigation. Any written submissions on other issues must also be filed by no later than the close of business, eight calendar days after publication of this notice in the Federal Register. Complainant may file replies to any written submissions no later than three calendar days after the date on which any initial submissions were due. No other submissions will be accepted, unless requested by the Commission. Any submissions and replies filed in response to this Notice are limited to five (5) pages in length, inclusive of attachments. Persons filing written submissions must file the original document electronically on or before the deadlines stated above. Submissions should refer to the docket number (‘‘Docket No. 3653’’) in a prominent place on the cover page and/or the first page. (See Handbook for Electronic Filing Procedures, Electronic Filing Procedures 1). 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 1 Handbook for Electronic Filing Procedures: https://www.usitc.gov/documents/handbook_on_ filing_procedures.pdf. PO 00000 Frm 00108 Fmt 4703 Sfmt 4703 further notice. Persons with questions regarding filing should contact the Secretary at EDIS3Help@usitc.gov. Any person desiring to submit a document to the Commission in confidence must request confidential treatment. All such requests should be directed to the Secretary to the Commission and must include a full statement of the reasons why the Commission should grant such treatment. See 19 CFR 201.6. Documents for which confidential treatment by the Commission is properly sought will be treated accordingly. 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,2 solely for cybersecurity purposes. All nonconfidential written submissions will be available for public inspection at the Office of the Secretary and on EDIS.3 This action is taken under the authority of section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and of §§ 201.10 and 210.8(c) of the Commission’s Rules of Practice and Procedure (19 CFR 201.10, 210.8(c)). By order of the Commission. Issued: October 31, 2022. Katherine Hiner, Acting Secretary to the Commission. [FR Doc. 2022–23994 Filed 11–3–22; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–1283] Certain Composite Baseball and Softball Bats and Components Thereof; Notice of a Commission Issuance of a Limited Exclusion Order and a Cease and Desist Order Against a Defaulting Respondent; Termination of Investigation U.S. International Trade Commission. AGENCY: 2 All contract personnel will sign appropriate nondisclosure agreements. 3 Electronic Document Information System (EDIS): https://edis.usitc.gov. E:\FR\FM\04NON1.SGM 04NON1 Federal Register / Vol. 87, No. 213 / Friday, November 4, 2022 / Notices ACTION: Notice. Notice is hereby given that the U.S. International Trade Commission has issued a limited exclusion order (‘‘LEO’’) against infringing products manufactured and/ or imported by or on behalf of Proton Sports Inc. (‘‘Proton’’) of Scottsdale, Arizona, and a cease and desist order (‘‘CDO’’) against Proton. The investigation is terminated. FOR FURTHER INFORMATION CONTACT: Clint Gerdine, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone (202) 708–2310. Copies of non-confidential documents filed in connection with this investigation may be viewed on the Commission’s electronic docket 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 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: The Commission instituted this investigation on November 2, 2021, based on a complaint filed and supplemented by Easton Diamond Sports, LLC (‘‘Easton’’) of Thousand Oaks, California. 86 FR 60468–469 (Nov. 2, 2021). The complaint alleges a violation of section 337 of the Tariff Act, as amended, 19 U.S.C. 1337, based on the importation, sale for importation, or sale in the United States after importation of certain composite baseball and softball bats and components thereof by reason of infringement of one or more asserted claims of U.S. Patent No. 6,997,826 (‘‘the ’826 patent’’). Id. The complaint further alleges the existence of a domestic industry. Id. The Commission’s notice of investigation (‘‘NOI’’) names Proton; Juno Athletics LLC (‘‘Juno’’) of Aventura, Florida; and Monsta Athletics LLC (‘‘Monsta’’) of Calimesa, California as respondents. Id. at 60469. The Office of Unfair Import Investigations is not a party to this investigation. Id. On January 25, 2022, the Commission amended the complaint and NOI to add TianChang Zhengmu Aluminum Technology Co., Ltd. (‘‘TZA’’) of Tianching City, China as a respondent. See Order No. 8 (Dec. 28, 2021), unreviewed by Comm’n Notice (Jan. 25, 2022). On February 16, 2022, the Commission terminated TZA from the investigation based on withdrawal of khammond on DSKJM1Z7X2PROD with NOTICES SUMMARY: VerDate Sep<11>2014 18:12 Nov 03, 2022 Jkt 259001 the complaint. See Order No. 11 (Jan. 28, 2022), unreviewed by Comm’n Notice (Feb. 16, 2022). On April 12, 2022, the Commission found Proton in default for failure to respond to the complaint and NOI and for failure to respond to these order to show cause why it should not be found in default for failing to respond to the complaint and NOI (Order No. 7). See Order No. 13 (March 30, 2022), unreviewed by Comm’n Notice (April 12, 2022). On July 25, 2022, the Commission terminated respondent Monsta from the investigation based on withdrawal of the complaint. See Order No. 21 (June 27, 2022), unreviewed by Comm’n Notice (July 25, 2022). On July 11, 2022, the currently presiding ALJ issued Order No. 23, which terminated the investigation as to the last participating respondent, Juno, based on a settlement agreement. Easton did not request issuance of a general exclusion order. The Commission determined not to review Order No. 23 and requested written submissions on the issues of remedy, the public interest, and bonding with respect to Proton. 87 FR 48690–91 (Aug. 10, 2022). On August 26, 2022, Easton submitted briefing responsive to the Commission’s request. Easton argued that the Commission should issue an LEO directed to Proton’s infringing products and a CDO directed to Proton. No other submissions were received. When the conditions in section 337(g)(1)(A)–(E) (19 U.S.C. 1337(g)(1)(A)–(E)) have been satisfied, section 337(g)(1) and Commission Rule 210.16(c) (19 CFR 210.16(c)) direct the Commission, upon request, to issue a limited exclusion order or a cease and desist order or both against a respondent found in default, based on the allegations regarding a violation of section 337 in the Complaint, which are presumed to be true, unless after consideration of the public interest factors in section 337(g)(1), it finds that such relief should not issue. Having reviewed the record in the investigation, including written submissions from Easton, the Commission has determined pursuant to section 337(g)(1) that the appropriate remedy in this investigation is an LEO directed to the defaulting respondent prohibiting the unlicensed entry of composite baseball and softball bats and components thereof that infringe one or more of claims 1–5, 9–12, 14–15, and 18–19 of the ’826 patent, and that are manufactured abroad by or on behalf of, or imported by or on behalf of Proton, or any of its affiliated companies, parents, subsidiaries, or other related PO 00000 Frm 00109 Fmt 4703 Sfmt 4703 66747 business entities, or their successors or assigns. The Commission has also determined to issue a CDO prohibiting Proton from conducting any of the following activities in the United States: importing, selling, marketing, advertising, distributing, offering for sale, transferring (except for exportation), and soliciting U.S. agents or distributors for composite baseball and softball bats and components thereof that infringe one or more of claims 1–5, 9–12, 14–15, and 18–19 of the ’826 patent. The Commission has further determined that the public interest factors enumerated in section 337(g)(1) do not preclude issuance of the LEO or CDO. Finally, the Commission has determined that a bond in the amount of 100 percent of the entered value of the covered products is required during the period of Presidential review (19 U.S.C. 1337(j)). The Commission’s order was delivered to the President and to the United States Trade Representative on the day of its issuance. The Commission voted to approve this determination on November 1, 2022. The authority for the Commission’s determinations 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: November 1, 2022. Katherine Hiner, Acting Secretary to the Commission. [FR Doc. 2022–24053 Filed 11–3–22; 8:45 am] BILLING CODE 7020–02–P DEPARTMENT OF JUSTICE Drug Enforcement Administration [Docket No. DEA–1099] Bulk Manufacturer of Controlled Substances Application: Organix Chemistry Solutions LLC Drug Enforcement Administration, Justice. ACTION: Notice of application. AGENCY: Organix Chemistry Solutions LLC, has applied to be registered as a bulk manufacturer of basic class(es) of controlled substance(s). Refer to SUPPLEMENTARY INFORMATION listed below for further drug information. DATES: Registered bulk manufacturers of the affected basic class(es), and applicants therefore, may submit SUMMARY: E:\FR\FM\04NON1.SGM 04NON1

Agencies

[Federal Register Volume 87, Number 213 (Friday, November 4, 2022)]
[Notices]
[Pages 66746-66747]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-24053]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1283]


Certain Composite Baseball and Softball Bats and Components 
Thereof; Notice of a Commission Issuance of a Limited Exclusion Order 
and a Cease and Desist Order Against a Defaulting Respondent; 
Termination of Investigation

AGENCY: U.S. International Trade Commission.

[[Page 66747]]


ACTION: Notice.

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

SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has issued a limited exclusion order (``LEO'') against 
infringing products manufactured and/or imported by or on behalf of 
Proton Sports Inc. (``Proton'') of Scottsdale, Arizona, and a cease and 
desist order (``CDO'') against Proton. The investigation is terminated.

FOR FURTHER INFORMATION CONTACT: Clint Gerdine, Office of the General 
Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone (202) 708-2310. Copies of non-
confidential documents filed in connection with this investigation may 
be viewed on the Commission's electronic docket system (``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: The Commission instituted this investigation 
on November 2, 2021, based on a complaint filed and supplemented by 
Easton Diamond Sports, LLC (``Easton'') of Thousand Oaks, California. 
86 FR 60468-469 (Nov. 2, 2021). The complaint alleges a violation of 
section 337 of the Tariff Act, as amended, 19 U.S.C. 1337, based on the 
importation, sale for importation, or sale in the United States after 
importation of certain composite baseball and softball bats and 
components thereof by reason of infringement of one or more asserted 
claims of U.S. Patent No. 6,997,826 (``the '826 patent''). Id. The 
complaint further alleges the existence of a domestic industry. Id. The 
Commission's notice of investigation (``NOI'') names Proton; Juno 
Athletics LLC (``Juno'') of Aventura, Florida; and Monsta Athletics LLC 
(``Monsta'') of Calimesa, California as respondents. Id. at 60469. The 
Office of Unfair Import Investigations is not a party to this 
investigation. Id.
    On January 25, 2022, the Commission amended the complaint and NOI 
to add TianChang Zhengmu Aluminum Technology Co., Ltd. (``TZA'') of 
Tianching City, China as a respondent. See Order No. 8 (Dec. 28, 2021), 
unreviewed by Comm'n Notice (Jan. 25, 2022). On February 16, 2022, the 
Commission terminated TZA from the investigation based on withdrawal of 
the complaint. See Order No. 11 (Jan. 28, 2022), unreviewed by Comm'n 
Notice (Feb. 16, 2022).
    On April 12, 2022, the Commission found Proton in default for 
failure to respond to the complaint and NOI and for failure to respond 
to these order to show cause why it should not be found in default for 
failing to respond to the complaint and NOI (Order No. 7). See Order 
No. 13 (March 30, 2022), unreviewed by Comm'n Notice (April 12, 2022).
    On July 25, 2022, the Commission terminated respondent Monsta from 
the investigation based on withdrawal of the complaint. See Order No. 
21 (June 27, 2022), unreviewed by Comm'n Notice (July 25, 2022).
    On July 11, 2022, the currently presiding ALJ issued Order No. 23, 
which terminated the investigation as to the last participating 
respondent, Juno, based on a settlement agreement. Easton did not 
request issuance of a general exclusion order. The Commission 
determined not to review Order No. 23 and requested written submissions 
on the issues of remedy, the public interest, and bonding with respect 
to Proton. 87 FR 48690-91 (Aug. 10, 2022).
    On August 26, 2022, Easton submitted briefing responsive to the 
Commission's request. Easton argued that the Commission should issue an 
LEO directed to Proton's infringing products and a CDO directed to 
Proton. No other submissions were received.
    When the conditions in section 337(g)(1)(A)-(E) (19 U.S.C. 
1337(g)(1)(A)-(E)) have been satisfied, section 337(g)(1) and 
Commission Rule 210.16(c) (19 CFR 210.16(c)) direct the Commission, 
upon request, to issue a limited exclusion order or a cease and desist 
order or both against a respondent found in default, based on the 
allegations regarding a violation of section 337 in the Complaint, 
which are presumed to be true, unless after consideration of the public 
interest factors in section 337(g)(1), it finds that such relief should 
not issue.
    Having reviewed the record in the investigation, including written 
submissions from Easton, the Commission has determined pursuant to 
section 337(g)(1) that the appropriate remedy in this investigation is 
an LEO directed to the defaulting respondent prohibiting the unlicensed 
entry of composite baseball and softball bats and components thereof 
that infringe one or more of claims 1-5, 9-12, 14-15, and 18-19 of the 
'826 patent, and that are manufactured abroad by or on behalf of, or 
imported by or on behalf of Proton, or any of its affiliated companies, 
parents, subsidiaries, or other related business entities, or their 
successors or assigns.
    The Commission has also determined to issue a CDO prohibiting 
Proton from conducting any of the following activities in the United 
States: importing, selling, marketing, advertising, distributing, 
offering for sale, transferring (except for exportation), and 
soliciting U.S. agents or distributors for composite baseball and 
softball bats and components thereof that infringe one or more of 
claims 1-5, 9-12, 14-15, and 18-19 of the '826 patent.
    The Commission has further determined that the public interest 
factors enumerated in section 337(g)(1) do not preclude issuance of the 
LEO or CDO. Finally, the Commission has determined that a bond in the 
amount of 100 percent of the entered value of the covered products is 
required during the period of Presidential review (19 U.S.C. 1337(j)). 
The Commission's order was delivered to the President and to the United 
States Trade Representative on the day of its issuance.
    The Commission voted to approve this determination on November 1, 
2022.
    The authority for the Commission's determinations 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: November 1, 2022.
Katherine Hiner,
Acting Secretary to the Commission.
[FR Doc. 2022-24053 Filed 11-3-22; 8:45 am]
BILLING CODE 7020-02-P
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