Certain Smart Thermostat Hubs, Systems Containing the Same, and Components of the Same; Notice of a Commission Determination Not To Review an Initial Determination Granting a Motion To Terminate the Investigation Based on Withdrawal of the Complaint; Termination of the Investigation, 18331 [2023-06398]

Download as PDF lotter on DSK11XQN23PROD with NOTICES1 Federal Register / Vol. 88, No. 59 / Tuesday, March 28, 2023 / Notices Commission’s TDD terminal on (202) 205–1810. SUPPLEMENTARY INFORMATION: The Commission instituted this investigation on December 6, 2022. 87 FR 74661 (Dec. 6, 2022). The complaint, as supplemented, alleges violations of section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, in the importation into the United States, the sale for importation, or the sale within the United States after importation of certain automated retractable vehicle steps and components thereof by reason of infringement of certain claims of U.S. Patent No. 9,272,667; U.S. Patent No. 9,527,449; U.S. Patent No. 9,511,717; and U.S. Patent No. 11,198,395. Id. The Commission’s notice of investigation named as respondents Anhui Aggeus Auto-Tech Co., Ltd. (‘‘Aggeus’’) 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 Wuhu, China; Rough Country LLC of Dyersburg, TN; Southern Truck of Swanton, OH; Meyer Distributing, Inc. of Jasper, IN; and Earl Owen Company, Inc. of Carrollton, TX. Id. at 74662. The complainant is Lund Motion Products, Inc. of Brea, CA (‘‘Lund’’). Id. The Office of Unfair Import Investigations is participating in the investigation. Id. On February 23, 2023, the ALJ issued the subject ID, which granted Lund’s unopposed motion to amend the complaint and notice of investigation to add Wollin and Wow-good as named respondents. The ID explained that Wollin and Wow-good were previously identified as aliases of respondent Aggeus and that Lund’s motion is unopposed. No petitions for review of the ID were filed. The Commission has determined not to review the subject ID. The complaint and notice of investigation are hereby amended to identify Wollin and Wowgood as distinct respondents independent of Aggeus. The Commission vote for this determination took place on March 23, 2023. 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: March 23, 2023. Lisa R. Barton, Secretary to the Commission. [FR Doc. 2023–06397 Filed 3–27–23; 8:45 am] BILLING CODE 7020–02–P VerDate Sep<11>2014 16:59 Mar 27, 2023 Jkt 259001 INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–1339] Certain Smart Thermostat Hubs, Systems Containing the Same, and Components of the Same; Notice of a Commission Determination Not To Review an Initial Determination Granting a Motion To Terminate the Investigation Based on Withdrawal of the Complaint; 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 not to review an initial determination (‘‘ID’’) (Order No. 19) of the presiding administrative law judge (‘‘ALJ’’) granting the complainant’s unopposed motion to terminate the above-captioned investigation in its entirety based on withdrawal of the complaint. The investigation is terminated. FOR FURTHER INFORMATION CONTACT: Paul Lall, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone (202) 205–2043. 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 October 24, 2022, the Commission instituted this investigation under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337 (‘‘section 337’’), based on a complaint filed by EDST, LLC and Quext IoT, LLC, both of Lubbock, Texas (collectively, ‘‘Complainants’’). See 87 FR 64247 (Oct. 24, 2022). The complaint, as supplemented, alleges a violation of section 337 based upon the importation into the United States, sale for importation, or sale within the United States after importation of certain smart thermostat hubs, systems containing the same, and components of the same by reason of the infringement of certain claims of U.S. Patent Nos. 10,825,273; 10,803,685; and 11,189,118 (‘‘the ’118 SUMMARY: PO 00000 Frm 00040 Fmt 4703 Sfmt 9990 18331 patent’’). Id. The complaint further alleges that a domestic industry exists. Id. The notice of investigation names iApartments, Inc. of Tampa, Florida; and Hsun Wealth Technology Co., Ltd. and Huarifu Technology Co., Ltd. (collectively, ‘‘Huarifu’’), both of Taoyuan City, Taiwan, as respondents. Id. The Office of Unfair Import Investigations is not participating in this investigation. The Commission previously terminated the investigation as to respondent Huarifu based on Complainants’ partial withdrawal of the complaint. Order No. 5 (Nov. 9, 2022), unreviewed by Comm’n Notice (Dec. 2, 2022). The Commission also previously amended the complaint and notice of investigation to add ITI Hong Kong Co., Ltd. of Hong Kong as a respondent. Order No. 9 (Dec. 7, 2022), unreviewed by Comm’n Notice (Dec. 28, 2022). The Commission also previously terminated the investigation as to all asserted claims of the ’118 patent based on partial withdrawal of the complaint. Order No. 16 (Feb. 23, 2023), unreviewed by Comm’n Notice (March 9, 2023). On March 2, 2023, Complainants filed an unopposed motion to terminate the investigation in its entirety based on withdrawal of the complaint. Also on March 2, 2023, the presiding ALJ issued the subject ID (Order No. 19) granting Complainants’ motion to terminate. The subject ID finds that the motion complies with Commission Rule 210.21(a)(1) (19 CFR 210.21(a)(1)) and that ‘‘there are no extraordinary circumstances that warrant denying the motion.’’ ID at 2. No party petitioned for review of the subject ID. The Commission has determined not to review the subject ID (Order No. 19). The investigation is terminated in its entirety. The Commission vote for this determination took place on March 23, 2023. 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: March 23, 2023. Lisa Barton, Secretary to the Commission. [FR Doc. 2023–06398 Filed 3–27–23; 8:45 am] BILLING CODE 7020–02–P E:\FR\FM\28MRN1.SGM 28MRN1

Agencies

[Federal Register Volume 88, Number 59 (Tuesday, March 28, 2023)]
[Notices]
[Page 18331]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-06398]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1339]


Certain Smart Thermostat Hubs, Systems Containing the Same, and 
Components of the Same; Notice of a Commission Determination Not To 
Review an Initial Determination Granting a Motion To Terminate the 
Investigation Based on Withdrawal of the Complaint; 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 not to review an initial determination 
(``ID'') (Order No. 19) of the presiding administrative law judge 
(``ALJ'') granting the complainant's unopposed motion to terminate the 
above-captioned investigation in its entirety based on withdrawal of 
the complaint. The investigation is terminated.

FOR FURTHER INFORMATION CONTACT: Paul Lall, Office of the General 
Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone (202) 205-2043. 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 October 24, 2022, the Commission 
instituted this investigation under section 337 of the Tariff Act of 
1930, as amended, 19 U.S.C. 1337 (``section 337''), based on a 
complaint filed by EDST, LLC and Quext IoT, LLC, both of Lubbock, Texas 
(collectively, ``Complainants''). See 87 FR 64247 (Oct. 24, 2022). The 
complaint, as supplemented, alleges a violation of section 337 based 
upon the importation into the United States, sale for importation, or 
sale within the United States after importation of certain smart 
thermostat hubs, systems containing the same, and components of the 
same by reason of the infringement of certain claims of U.S. Patent 
Nos. 10,825,273; 10,803,685; and 11,189,118 (``the '118 patent''). Id. 
The complaint further alleges that a domestic industry exists. Id. The 
notice of investigation names iApartments, Inc. of Tampa, Florida; and 
Hsun Wealth Technology Co., Ltd. and Huarifu Technology Co., Ltd. 
(collectively, ``Huarifu''), both of Taoyuan City, Taiwan, as 
respondents. Id. The Office of Unfair Import Investigations is not 
participating in this investigation.
    The Commission previously terminated the investigation as to 
respondent Huarifu based on Complainants' partial withdrawal of the 
complaint. Order No. 5 (Nov. 9, 2022), unreviewed by Comm'n Notice 
(Dec. 2, 2022). The Commission also previously amended the complaint 
and notice of investigation to add ITI Hong Kong Co., Ltd. of Hong Kong 
as a respondent. Order No. 9 (Dec. 7, 2022), unreviewed by Comm'n 
Notice (Dec. 28, 2022). The Commission also previously terminated the 
investigation as to all asserted claims of the '118 patent based on 
partial withdrawal of the complaint. Order No. 16 (Feb. 23, 2023), 
unreviewed by Comm'n Notice (March 9, 2023).
    On March 2, 2023, Complainants filed an unopposed motion to 
terminate the investigation in its entirety based on withdrawal of the 
complaint.
    Also on March 2, 2023, the presiding ALJ issued the subject ID 
(Order No. 19) granting Complainants' motion to terminate. The subject 
ID finds that the motion complies with Commission Rule 210.21(a)(1) (19 
CFR 210.21(a)(1)) and that ``there are no extraordinary circumstances 
that warrant denying the motion.'' ID at 2.
    No party petitioned for review of the subject ID.
    The Commission has determined not to review the subject ID (Order 
No. 19). The investigation is terminated in its entirety.
    The Commission vote for this determination took place on March 23, 
2023.
    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: March 23, 2023.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2023-06398 Filed 3-27-23; 8:45 am]
BILLING CODE 7020-02-P
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