Certain Refrigerator Water Filtration Devices and Components Thereof; Notice of Commission Final Determination To Issue a Limited Exclusion Order and Cease and Desist Orders; Termination of the Investigation, 23093-23095 [2023-07932]
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ACTION:
Notice.
Interested
persons are invited to send comments
regarding this burden estimate or any
other aspect of this collection of
information, including any of the
following subjects: (1) The necessity and
utility of the proposed information
collection for the proper performance of
the agency’s functions; (2) the accuracy
of the estimated burden; (3) ways to
enhance the quality, utility, and clarity
of the information to be collected; and
(4) the use of automated collection
techniques or other forms of information
technology to minimize the information
collection burden.
Title of the Collection: Federalwide
Assurance (FWA) Form.
Type of Collection: Extension.
SUPPLEMENTARY INFORMATION:
In compliance with the
requirement of the Paperwork
Reduction Act of 1995, the Office of the
Secretary (OS), Department of Health
and Human Services, is publishing the
following summary of a proposed
collection for public comment.
DATES: Comments on the ICR must be
received on or before June 13, 2023.
ADDRESSES: Submit your comments to
Sherrette.Funn@hhs.gov or by calling
(202) 795–7714.
FOR FURTHER INFORMATION CONTACT:
When submitting comments or
requesting information, please include
the document identifier 0990–0278–60D
and project title for reference, to
Sherrette A. Funn, email:
Sherrette.Funn@hhs.gov, or call (202)
795–7714 the Reports Clearance Officer.
SUMMARY:
OMB No. 0990–0278
Abstract: The Office of the Assistant
Secretary for Health, Office for Human
Research Protections (OHRP), is
requesting a three-year extension of the
OMB No. 0990–0278, Federalwide
Assurance (FWA) Form, with no
changes in the collected information.
The purpose of the FWA form is to
provide a simplified procedure for
institutions engaged in research
conducted or supported by the
Department of Health and Human
Services (HHS) to satisfy the assurance
requirements of (1) Section 491(a) of the
Public Health Service Act (the PHS Act)
(42 U.S.C. 289); and (2) HHS regulations
for the protection of human subjects at
45 CFR 46.103.
Likely Respondents: Institutions
engaged in HHS-conducted or—
supported research involving human
subjects.
ANNUALIZED BURDEN HOUR TABLE
Number of
respondents
Form name
Hours per
response
Response
burden hours
Federalwide Assurance (FWA) ........................................................................
14,000
2.0
30/60
14,000
Total ..........................................................................................................
........................
........................
........................
14,000
Sherrette A. Funn,
Paperwork Reduction Act Reports Clearance
Officer, Office of the Secretary.
[FR Doc. 2023–07908 Filed 4–13–23; 8:45 am]
BILLING CODE 4150–28–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
National Institutes of Health
National Institute of Neurological
Disorders and Stroke; Notice of Closed
Meeting
ddrumheller on DSK120RN23PROD with NOTICES1
Number of responses per
respondent
Pursuant to section 10(d) of the
Federal Advisory Committee Act, as
amended, notice is hereby given of the
following meeting of the Board of
Scientific Counselors, National Institute
of Neurological Disorders and Stroke.
The meeting will be closed to the
public as indicated below in accordance
with the provisions set forth in section
552b(c)(6), Title 5 U.S.C., as amended
for the review, discussion, and
evaluation of individual intramural
programs and projects conducted by the
National Institute of Neurological
Disorders and Stroke, including
consideration of personnel
qualifications and performance, and the
competence of individual investigators,
the disclosure of which would
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constitute a clearly unwarranted
invasion of personal privacy.
INTERNATIONAL TRADE
COMMISSION
Name of Committee: Board of Scientific
Counselors, National Institute of
Neurological Disorders and Stroke.
Date: May 7–9, 2023.
Time: May 7, 2023, 2:00 p.m. to 7:30 p.m.;
May 8, 2023, 8:30 a.m. to 9:00 p.m.; May 9,
2023, 9:00 a.m. to 12:30 p.m.
Agenda: To review and evaluate personnel
qualifications and performance, and
competence of individual investigators.
Place: The Bethesdan Hotel, 8120
Wisconsin Avenue, Bethesda, Maryland
20814.
Contact Person: Jeffrey S. Diamond, Ph.D.,
Acting Scientific Director, c/o Caren Collins,
National Institute of Neurological Disorders
and Stroke, NIH, Building 35, Room GF–149,
Bethesda, MD 20892, 301–435–1896,
diamondj@ninds.nih.gov; collinsca@
ninds.nih.gov.
(Catalogue of Federal Domestic Assistance
Program Nos. 93.853, Clinical Research
Related to Neurological Disorders; 93.854,
Biological Basis Research in the
Neurosciences, National Institutes of Health,
HHS)
[Investigation No. 337–TA–1290]
Dated: April 10, 2023.
Tyeshia M. Roberson-Curtis,
Program Analyst, Office of Federal Advisory
Committee Policy.
[FR Doc. 2023–07893 Filed 4–13–23; 8:45 am]
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Certain Refrigerator Water Filtration
Devices and Components Thereof;
Notice of Commission Final
Determination To Issue a Limited
Exclusion Order and Cease and Desist
Orders; 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 to issue a
limited exclusion order (‘‘LEO’’) barring
entry of certain infringing refrigerator
water filtration devices and components
thereof that are imported by or on behalf
of: Freshlab LLC of Gainesville, Florida;
Isave Strategic Marketing Group LLC
d/b/a Isave of New York, New York; GT
Sourcing Inc. d/b/a GT Sourcing of
Monsey, New York; Refresh Filters LLC
d/b/a Refresh My Water of New York,
New York; All Filters LLC d/b/a
Allfilters of Salt Lake City, Utah; Jiangsu
Angkua Environmental Technical Co.,
Ltd. of Nantong, China (‘‘Jiangsu’’);
Shenzen Hangling E-Commerce Co. Ltd
d/b/a Best Belvita of Elmhurst, Illinois;
SUMMARY:
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Qinghaishunzexiaofangjianceyouxiang
Ongsi d/b/a Ezeey of Xining City, China;
and Zhang Ping d/b/a Ice Water Filter of
Dongyang, China (collectively,
‘‘Defaulting Respondents’’). The
Commission has also determined to
issue cease and desist orders (‘‘CDOs’’)
against all of the Defaulting
Respondents except Jiangsu. The
investigation is terminated.
FOR FURTHER INFORMATION CONTACT:
Houda Morad, Office of the General
Counsel, U.S. International Trade
Commission, 500 E Street SW,
Washington, DC 20436, telephone (202)
708–4716. 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
January 21, 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 LG
Electronics Inc. of Seoul, Republic of
Korea, and LG Electronics Alabama, Inc.
of Huntsville, Alabama (collectively,
‘‘Complainants’’). See 87 FR 3331–33
(Jan. 21, 2022). The complaint, as
supplemented, 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 refrigerator water filtration
devices and components thereof by
reason of infringement of certain claims
of U.S. Patent Nos. 10,653,984 (‘‘the
’984 patent’’); 10,639,570 (‘‘the ’570
patent’’); and 10,188,972 (‘‘the ’972
patent’’). See id. In addition to the
Defaulting Respondents, the notice of
investigation names the following
respondents: (1) Qingdao Ecopure Filter
Co., Ltd of Qingdao, China; Qingdao
Maxwell Commercial and Trading
Company Ltd of Qingdao Chengyang,
China; and Qingdao Uniwell Trading
Co., Ltd. of Qingdao, China
(collectively, ‘‘First Settling
Respondents’’); (2) Express Parts LLC of
Keyport, New Jersey; Ningbo Haishu
Keze Replacement Equipment Co., Ltd.
of Ningboshi, China; Ningbo Bichun
Technology Co., Ltd. (formerly Ningbo
Haishu Bichun Technology Co., Ltd.) of
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Ningbo City, China; Ningbo Haishu
Shun’anjie Water Purification
Equipment LLC of Ningbo, China;
Shenzhen Yu Tian Qi Technology Co.,
Ltd. of Shenzhen, China; and AGA
Imports LLC d/b/a ClearWater Filters of
Lakewood, New Jersey (collectively,
‘‘Second Settling Respondents’’); (4) JJ
Imports LLC of Elmwood Park, New
Jersey (‘‘JJ Imports’’); (5) Aicuiying of
Shenzhen, China; Liu Qi of Luliang
City, China;
Lvliangshilishiquhuiliwujinbaihuoshan
Ghang of Luliang, China; and
Zhenpingxianjiaxuanyazhubaofuzhu
Anggongyipinyouxia of Wuhanshi,
China (collectively, ‘‘Unserved
Respondents’’); (6) Yunda H&H Tech
(Tianjin) Co., LTD. of Tianjinshi, China;
Tianjin Tianchuang Best Pure
Environmental Science And Technology
Co. Ltd. of Tianjin, China; Top Pure
(Usa) Inc. of Pico Rivera, California; and
W&L Trading LLC of Frisco, Texas
(collectively, ‘‘Third Settling
Respondents’’); and (7) Pursafet Water
Filter (Wuhan) Inc. of Wuhan, China
(‘‘Pursafet’’). See id. The Office of Unfair
Import Investigations (‘‘OUII’’) is also a
party to the investigation. See id.
On September 16, 2022, the
Commission partially terminated the
investigation as to the ’972 patent. See
Order No. 31 (Aug. 16, 2022),
unreviewed by Comm’n Notice (Sept.
16, 2022). On October 3, 2022, the
Commission partially terminated the
investigation as to claims 2–8 of the ’570
patent. See Order No. 35 (Sept. 19,
2022), unreviewed by Comm’n Notice
(Oct. 3, 2022). Accordingly, claims 1–7
of the ’984 patent and claims 1 and 9 of
the ’570 patent (collectively, ‘‘Asserted
Claims’’) remain in the investigation.
On April 12, 2022, the Commission
terminated the investigation as to JJ
Imports based on the entry of a consent
order. See Order No. 14 (Mar. 30, 2022),
unreviewed by Comm’n Notice (Apr. 12,
2022). On October 20, 2022, November
8, 2022, and February 2, 2023, the
Commission terminated the
investigation as to the First, Second, and
Third Settling Respondents,
respectively. See Order No. 37 (Sept. 28,
2022), unreviewed by Comm’n Notice
(Oct. 20, 2022); Order No. 38 (Oct. 7,
2022), unreviewed by Comm’n Notice
(Nov. 8, 2022); Order No. 47 (Jan. 4,
2023), unreviewed by Comm’n Notice
(Feb. 2, 2023). On December 2, 2022, the
Commission partially terminated the
investigation as to the Unserved
Respondents based on the withdrawal of
the complaint as to those respondents.
See Order No. 39 (Nov. 2, 2022),
unreviewed by Comm’n Notice (Dec. 2,
2022). On December 21, 2022, the
Commission partially terminated the
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investigation as to Pursafet for good
cause based on dissolution of the
corporation. See Order No. 43 (Dec. 2,
2022), unreviewed by Comm’n Notice
(Dec. 21, 2022). Accordingly, only the
Defaulting Respondents remain in the
investigation.
On June 28, August 29, and December
2, 2022, the Commission found the
Defaulting Respondents in default
pursuant to Commission Rule 210.16
(19 CFR 210.16) for failure to respond to
the complaint and notice of
investigation and to orders to show
cause. See Order No. 22 (June 3, 2022),
unreviewed by Comm’n Notice (June 28,
2022); Order No. 28 (July 28, 2022),
unreviewed by Comm’n Notice (Aug. 29,
2022); Order No. 40 (Nov. 2, 2022),
unreviewed by Comm’n Notice (Dec. 2,
2022).
On January 11, 2023, Complainants
filed a declaration under Commission
Rule 210.16(c), 19 CFR 210.16(c)
(‘‘Declaration’’), requesting the
immediate entry of an LEO prohibiting
the importation of infringing articles
imported by or on behalf of the
Defaulting Respondents and CDOs
against all of the Defaulting
Respondents except Jiangsu.
Complainants indicated pursuant to
Commission Rule 210.16(c)(2) that they
are not seeking a general exclusion
order.
On February 2, 2023, the Commission
issued a notice requesting written
submissions on remedy, the public
interest and bonding from the parties
and from any other interested thirdparty or government agencies. See 88 FR
8315–17 (Feb. 8, 2023) (‘‘Remedy
Notice’’).
On February 13, 2023, Complainants
and OUII filed submissions in response
to the Remedy Notice, arguing that the
public interest does not preclude
issuance the requested LEO and CDOs.
Complainants also sought a bond during
the period of Presidential review in the
amount of one hundred percent (100%)
of the entered value of the infringing
articles. On February 21, 2023,
Complainants and OUII filed a reply to
each other’s submissions.
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) 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
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337(g)(1), it finds that such relief should
not issue.
Having examined the record of this
investigation, including the parties’
submissions in response to the Remedy
Notice, the Commission has determined
pursuant to subsection 337(g)(1) that the
appropriate remedy in this investigation
is: (1) an LEO prohibiting the
unlicensed entry of certain refrigerator
water filtration devices and components
thereof that are imported by or on behalf
of the Defaulting Respondents and that
infringe the Asserted Claims; and (2)
CDOs against all of the Defaulting
Respondents except Jiangsu. The
Commission has also determined that
the public interest factors enumerated in
subsection 337(g)(1) do not preclude the
issuance of the LEO and CDOs. The
Commission has further determined that
the bond during the period of
Presidential review pursuant to section
337(j) (19 U.S.C. 1337(j)) shall be in the
amount of one hundred percent (100%)
of the entered value of the infringing
articles.1 See Certain Centrifuge Utility
Platform & Falling Film Evaporator Sys.
& Components Thereof, Inv. No. 337–
TA–1311, Comm’n Notice at 4–5 (Mar.
23, 2023). The investigation is
terminated.
The Commission’s vote for this
determination took place on April 11,
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).
While temporary remote operating
procedures are in place in response to
COVID–19, the Office of the Secretary is
not able to serve parties that have not
retained counsel or otherwise provided
a point of contact for electronic service.
Accordingly, pursuant to Commission
Rules 201.16(a) and 210.7(a)(1) (19 CFR
201.16(a), 210.7(a)(1)), the Commission
orders that the Complainant(s) complete
service for any party/parties without a
method of electronic service noted on
the attached Certificate of Service and
shall file proof of service on the
Electronic Document Information
System (EDIS).
1 Commissioner Schmidtlein finds that section
337 does not authorize respondents subject to
remedial relief under subsection 337(g)(1) to import
infringing products under bond during the
Presidential review period for the reasons explained
in Certain Centrifuge Utility Platform and Falling
Film Evaporator Systems and Components Thereof,
Inv. No. 337–TA–1311, Comm’n Notice at 5, n.5
(March 23, 2023). She therefore would not permit
the Defaulting Respondents to import infringing
products under bond during the Presidential review
period.
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17:45 Apr 13, 2023
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By order of the Commission.
Issued: April 11, 2023.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2023–07932 Filed 4–13–23; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[USITC SE–23–020]
Sunshine Act Meetings
United
States International Trade Commission.
TIME AND DATE: April 27, 2023 at 9:30
a.m.
PLACE: Room 101, 500 E Street SW,
Washington, DC 20436, Telephone:
(202) 205–2000.
STATUS: Open to the public.
MATTERS TO BE CONSIDERED:
1. Agendas for future meetings: none.
2. Minutes.
3. Ratification List.
4. Commission vote on Inv. Nos. 731–
TA–1588–1590 (Final)(Certain
Preserved Mushrooms from the
Netherlands, Poland, and Spain). The
Commission currently is scheduled to
complete and file its determinations and
views of the Commission on May 11,
2023.
5. Outstanding action jackets: none.
CONTACT PERSON FOR MORE INFORMATION:
Sharon Bellamy, Acting Hearings and
Information Officer, 202–205–2000.
The Commission is holding the
meeting under the Government in the
Sunshine Act, 5 U.S.C. 552(b). In
accordance with Commission policy,
subject matter listed above, not disposed
of at the scheduled meeting, may be
carried over to the agenda of the
following meeting.
AGENCY HOLDING THE MEETING:
By order of the Commission.
Issued: April 12, 2023.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2023–08035 Filed 4–12–23; 4:15 pm]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
Agency Information Collection
Activities; Submission for OMB
Review; Renewal of Generic
Clearance; Comment Request
International Trade
Commission.
ACTION: Notice and comment request.
AGENCY:
Consistent with the
Paperwork Reduction Act of 1995 the
SUMMARY:
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23095
U.S. International Trade Commission
(Commission) has submitted a proposal
for the collection of information to the
Office of Management and Budget
(OMB) for approval. The proposed
information collection is a three-year
extension of the current generic
clearance (approved by OMB under
Control No. 3117–0016) under which
the Commission can issue information
collections for import injury
investigations and reviews that it is
required to conduct under the Tariff Act
of 1930, the Trade Act of 1974, and
other trade remedy statutes that require
or authorize the Commission to make
findings or determinations. These
investigations and reviews include:
antidumping duty, countervailing duty,
safeguards, other import competition,
market disruption, interference with
programs of the U.S. Department of
Agriculture, and cross-border long-haul
trucking. A full list of all the
investigations and reviews associated
with this generic clearance and their
associated statutory authorities is
available in the Commission’s
supporting statement to this Federal
Register notice. Any comments
submitted to OMB on the proposed
information collection should be
specific, indicating which part of the
questionnaires or study plan are
objectionable, describing the issue in
detail, and including specific revisions
or language changes. The Commission
did not receive any comments in
response to the 60-day notice that it
published in the Federal Register on
January 5, 2023.
DATES: Comments solicited under this
notice must be submitted on or before
May 15, 2023.
Comments: Comments about the
proposal should be provided to the
Office of Management and Budget,
Office of Information and Regulatory
Affairs through the Information
Collection Review Dashboard at https://
www.reginfo.gov. All comments should
be specific, indicating which part of the
renewal request is objectionable,
describing the concern in detail, and
including specific suggested revisions or
language changes. Provide copies of any
comments that you submit to OMB to
Nancy Snyder, Director, Office of
Analysis and Research Services, U.S.
International Trade Commission at
Nancy.Snyder@usitc.gov and Nannette
Christ, Director, Office of Investigations,
U.S. International Trade Commission at
Nannete.Christ@usitc.gov.
FOR FURTHER INFORMATION CONTACT: You
may obtain copies of the proposed
collection of information and
supporting documentation from Stamen
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Agencies
[Federal Register Volume 88, Number 72 (Friday, April 14, 2023)]
[Notices]
[Pages 23093-23095]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-07932]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1290]
Certain Refrigerator Water Filtration Devices and Components
Thereof; Notice of Commission Final Determination To Issue a Limited
Exclusion Order and Cease and Desist Orders; 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 to issue a limited exclusion order (``LEO'')
barring entry of certain infringing refrigerator water filtration
devices and components thereof that are imported by or on behalf of:
Freshlab LLC of Gainesville, Florida; Isave Strategic Marketing Group
LLC d/b/a Isave of New York, New York; GT Sourcing Inc. d/b/a GT
Sourcing of Monsey, New York; Refresh Filters LLC d/b/a Refresh My
Water of New York, New York; All Filters LLC d/b/a Allfilters of Salt
Lake City, Utah; Jiangsu Angkua Environmental Technical Co., Ltd. of
Nantong, China (``Jiangsu''); Shenzen Hangling E-Commerce Co. Ltd d/b/a
Best Belvita of Elmhurst, Illinois;
[[Page 23094]]
Qinghaishunzexiaofangjianceyouxiang Ongsi d/b/a Ezeey of Xining City,
China; and Zhang Ping d/b/a Ice Water Filter of Dongyang, China
(collectively, ``Defaulting Respondents''). The Commission has also
determined to issue cease and desist orders (``CDOs'') against all of
the Defaulting Respondents except Jiangsu. The investigation is
terminated.
FOR FURTHER INFORMATION CONTACT: Houda Morad, Office of the General
Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202) 708-4716. 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 January 21, 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 LG Electronics Inc. of Seoul, Republic of Korea, and
LG Electronics Alabama, Inc. of Huntsville, Alabama (collectively,
``Complainants''). See 87 FR 3331-33 (Jan. 21, 2022). The complaint, as
supplemented, 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 refrigerator
water filtration devices and components thereof by reason of
infringement of certain claims of U.S. Patent Nos. 10,653,984 (``the
'984 patent''); 10,639,570 (``the '570 patent''); and 10,188,972 (``the
'972 patent''). See id. In addition to the Defaulting Respondents, the
notice of investigation names the following respondents: (1) Qingdao
Ecopure Filter Co., Ltd of Qingdao, China; Qingdao Maxwell Commercial
and Trading Company Ltd of Qingdao Chengyang, China; and Qingdao
Uniwell Trading Co., Ltd. of Qingdao, China (collectively, ``First
Settling Respondents''); (2) Express Parts LLC of Keyport, New Jersey;
Ningbo Haishu Keze Replacement Equipment Co., Ltd. of Ningboshi, China;
Ningbo Bichun Technology Co., Ltd. (formerly Ningbo Haishu Bichun
Technology Co., Ltd.) of Ningbo City, China; Ningbo Haishu Shun'anjie
Water Purification Equipment LLC of Ningbo, China; Shenzhen Yu Tian Qi
Technology Co., Ltd. of Shenzhen, China; and AGA Imports LLC d/b/a
ClearWater Filters of Lakewood, New Jersey (collectively, ``Second
Settling Respondents''); (4) JJ Imports LLC of Elmwood Park, New Jersey
(``JJ Imports''); (5) Aicuiying of Shenzhen, China; Liu Qi of Luliang
City, China; Lvliangshilishiquhuiliwujinbaihuoshan Ghang of Luliang,
China; and Zhenpingxianjiaxuanyazhubaofuzhu Anggongyipinyouxia of
Wuhanshi, China (collectively, ``Unserved Respondents''); (6) Yunda H&H
Tech (Tianjin) Co., LTD. of Tianjinshi, China; Tianjin Tianchuang Best
Pure Environmental Science And Technology Co. Ltd. of Tianjin, China;
Top Pure (Usa) Inc. of Pico Rivera, California; and W&L Trading LLC of
Frisco, Texas (collectively, ``Third Settling Respondents''); and (7)
Pursafet Water Filter (Wuhan) Inc. of Wuhan, China (``Pursafet''). See
id. The Office of Unfair Import Investigations (``OUII'') is also a
party to the investigation. See id.
On September 16, 2022, the Commission partially terminated the
investigation as to the '972 patent. See Order No. 31 (Aug. 16, 2022),
unreviewed by Comm'n Notice (Sept. 16, 2022). On October 3, 2022, the
Commission partially terminated the investigation as to claims 2-8 of
the '570 patent. See Order No. 35 (Sept. 19, 2022), unreviewed by
Comm'n Notice (Oct. 3, 2022). Accordingly, claims 1-7 of the '984
patent and claims 1 and 9 of the '570 patent (collectively, ``Asserted
Claims'') remain in the investigation.
On April 12, 2022, the Commission terminated the investigation as
to JJ Imports based on the entry of a consent order. See Order No. 14
(Mar. 30, 2022), unreviewed by Comm'n Notice (Apr. 12, 2022). On
October 20, 2022, November 8, 2022, and February 2, 2023, the
Commission terminated the investigation as to the First, Second, and
Third Settling Respondents, respectively. See Order No. 37 (Sept. 28,
2022), unreviewed by Comm'n Notice (Oct. 20, 2022); Order No. 38 (Oct.
7, 2022), unreviewed by Comm'n Notice (Nov. 8, 2022); Order No. 47
(Jan. 4, 2023), unreviewed by Comm'n Notice (Feb. 2, 2023). On December
2, 2022, the Commission partially terminated the investigation as to
the Unserved Respondents based on the withdrawal of the complaint as to
those respondents. See Order No. 39 (Nov. 2, 2022), unreviewed by
Comm'n Notice (Dec. 2, 2022). On December 21, 2022, the Commission
partially terminated the investigation as to Pursafet for good cause
based on dissolution of the corporation. See Order No. 43 (Dec. 2,
2022), unreviewed by Comm'n Notice (Dec. 21, 2022). Accordingly, only
the Defaulting Respondents remain in the investigation.
On June 28, August 29, and December 2, 2022, the Commission found
the Defaulting Respondents in default pursuant to Commission Rule
210.16 (19 CFR 210.16) for failure to respond to the complaint and
notice of investigation and to orders to show cause. See Order No. 22
(June 3, 2022), unreviewed by Comm'n Notice (June 28, 2022); Order No.
28 (July 28, 2022), unreviewed by Comm'n Notice (Aug. 29, 2022); Order
No. 40 (Nov. 2, 2022), unreviewed by Comm'n Notice (Dec. 2, 2022).
On January 11, 2023, Complainants filed a declaration under
Commission Rule 210.16(c), 19 CFR 210.16(c) (``Declaration''),
requesting the immediate entry of an LEO prohibiting the importation of
infringing articles imported by or on behalf of the Defaulting
Respondents and CDOs against all of the Defaulting Respondents except
Jiangsu. Complainants indicated pursuant to Commission Rule
210.16(c)(2) that they are not seeking a general exclusion order.
On February 2, 2023, the Commission issued a notice requesting
written submissions on remedy, the public interest and bonding from the
parties and from any other interested third-party or government
agencies. See 88 FR 8315-17 (Feb. 8, 2023) (``Remedy Notice'').
On February 13, 2023, Complainants and OUII filed submissions in
response to the Remedy Notice, arguing that the public interest does
not preclude issuance the requested LEO and CDOs. Complainants also
sought a bond during the period of Presidential review in the amount of
one hundred percent (100%) of the entered value of the infringing
articles. On February 21, 2023, Complainants and OUII filed a reply to
each other's submissions.
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) 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
[[Page 23095]]
337(g)(1), it finds that such relief should not issue.
Having examined the record of this investigation, including the
parties' submissions in response to the Remedy Notice, the Commission
has determined pursuant to subsection 337(g)(1) that the appropriate
remedy in this investigation is: (1) an LEO prohibiting the unlicensed
entry of certain refrigerator water filtration devices and components
thereof that are imported by or on behalf of the Defaulting Respondents
and that infringe the Asserted Claims; and (2) CDOs against all of the
Defaulting Respondents except Jiangsu. The Commission has also
determined that the public interest factors enumerated in subsection
337(g)(1) do not preclude the issuance of the LEO and CDOs. The
Commission has further determined that the bond during the period of
Presidential review pursuant to section 337(j) (19 U.S.C. 1337(j))
shall be in the amount of one hundred percent (100%) of the entered
value of the infringing articles.\1\ See Certain Centrifuge Utility
Platform & Falling Film Evaporator Sys. & Components Thereof, Inv. No.
337-TA-1311, Comm'n Notice at 4-5 (Mar. 23, 2023). The investigation is
terminated.
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\1\ Commissioner Schmidtlein finds that section 337 does not
authorize respondents subject to remedial relief under subsection
337(g)(1) to import infringing products under bond during the
Presidential review period for the reasons explained in Certain
Centrifuge Utility Platform and Falling Film Evaporator Systems and
Components Thereof, Inv. No. 337-TA-1311, Comm'n Notice at 5, n.5
(March 23, 2023). She therefore would not permit the Defaulting
Respondents to import infringing products under bond during the
Presidential review period.
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The Commission's vote for this determination took place on April
11, 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).
While temporary remote operating procedures are in place in
response to COVID-19, the Office of the Secretary is not able to serve
parties that have not retained counsel or otherwise provided a point of
contact for electronic service. Accordingly, pursuant to Commission
Rules 201.16(a) and 210.7(a)(1) (19 CFR 201.16(a), 210.7(a)(1)), the
Commission orders that the Complainant(s) complete service for any
party/parties without a method of electronic service noted on the
attached Certificate of Service and shall file proof of service on the
Electronic Document Information System (EDIS).
By order of the Commission.
Issued: April 11, 2023.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2023-07932 Filed 4-13-23; 8:45 am]
BILLING CODE 7020-02-P