Silicon Metal From China; Determination, 80335-80336 [2023-25469]
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Federal Register / Vol. 88, No. 221 / Friday, November 17, 2023 / Notices
China; Ningbo Minzhou Import &
Export Co., Ltd. (‘‘Ningbo Minzhou’’) of
Beijing, China; Ruian Xiu Yuan Guoji
MaoYi Youxian Gongsi Co., Ltd. of
Zhejiang, China; Shandong Jiu Hui
Xinxi Keji Youxian Gongsi Co., Ltd.
(‘‘Shangdong Jiu Hui’’) of Shandong,
China; Shanxi Chao Ma Xun Keji
Youxian Gongsi Co., Ltd. of Shanxi,
China; Shenzhen Baibaikang
Technology Co., Ltd. of Guangdong,
China; Shenzhen Leadfar Industry Co.,
Ltd. (‘‘Shenzhen Leadfar’’) of
Guangdong, China; Shenzhen Shi Mai
Rui Ke Dianzi Shangwu Co., Ltd. of
Guangdong, China; Shenzhen Shi Xin
Shangpin Dianzi Shangwu Youxian
Gongsi Co., Ltd. (‘‘Shenzhen Shi Xin’’)
of Guangdong, China; Shenzhen Shi
Yan Huang Chu Hai Keji Youxian
Gongsi Co., Ltd. of Guangdong, China;
Shenzhen Shi Yuxiang Meirong Yongju
Youxian Gongsi Co., Ltd. of Guangdong,
China; Shenzhen Tianrun Material Co.,
Ltd. of Guangdong, China; Wuhan
Chenkuxuan Technology Co., Ltd. of
Hubei, China; Xiao Dawei of Fujian,
China; Xiao Xiao Pi Fa Shang Mao You
Xian Ze Ren Gongsi Co. of Shanxi,
China; YaRu Wang of Shanxi, China;
Yiwu Youru E-commerce Co., Ltd. of
Zhejiang, China; Zhejiang Xinhui
Import & Export Co., Ltd. of Zhejiang,
China; and Zhou Meng Bo of
Guangdong, China. Id. at 56087–88. The
Office of Unfair Import Investigations
(‘‘OUII’’) was also a party to this
investigation. Id. at 56088.
Five (5) respondents were terminated
by withdrawal of allegations in the
Complaint pursuant to Order No. 15
(Jan. 10, 2023), unreviewed by Comm’n
Notice (Feb. 8, 2023). Twenty-five (25)
additional respondents were terminated
by withdrawal of allegations in the
Complaint pursuant to Order No. 19
(Feb. 16, 2023), unreviewed by Comm’n
Notice (Mar. 20, 2023), reconsidered in
part by Comm’n Notice (May 19, 2023).
Complainant also withdrew its
allegations with respect to trade dress
infringement, the ’556 mark, the ’053
mark, and the D’092 patent pursuant to
Order No. 19. Id. Seven additional
respondents were terminated by consent
order pursuant to Order No. 23 (Mar. 30,
2023) (Shenzhen Shi Xin), Order No. 24
(Apr. 3, 2023) (Bedmate-U), Order No.
25 (Apr. 7, 2023) (Henson Holdings),
Order No. 26 (Apr. 10, 2023) (Ningbo
Minzhou), Order No. 27 (Apr. 12, 2023)
(Lei Lei Wang), Order No. 28 (Apr. 13,
2023) (Hetaibao), and Order No. 29 (May
10, 2023) (Ningbo Bolian), unreviewed
by Comm’n Notice (May 19, 2023).
Dirani Design, Dongguan Jingrui,
Hangzhou Lydia, and Shenzhen Leadfar
(collectively, the ‘‘Defaulting
Respondents’’) were found in default
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pursuant to Order No. 16 (Jan. 11, 2023),
unreviewed by Comm’n Notice (Feb. 8,
2023), and Order No. 21 (Mar. 8, 2023),
unreviewed by Comm’n Notice (Mar. 30,
2023).
On March 15, 2023, Complainant filed
a motion for summary determination of
violation with respect to infringement of
certain claims of the ’837 patent and the
’445 patent by the Defaulting
Respondents. On March 29, 2023, OUII
filed a response in support of the
motion.
On July 13, 2023, the ALJ issued an
Initial Determination granting
Complainant’s motion with respect to
the ’445 patent, noted that a finding of
violation was unnecessary as to Dirani
Design relating to the ’837 patent
because Complainant sought only an
LEO, and issued a Recommended
Determination on Remedy and Bond
(Order No. 31, the ‘‘ID’’ and ‘‘RD’’). No
petitions for review of the ID were filed.
On August 28, 2023, the Commission
determined to review the ID in part and
to affirm, with modifications, the ALJ’s
grant of summary determination of a
violation of section 337 by reason of
infringement of certain claims of the
’445 patent by Dongguan Jingrui,
Hangzhou Lydia, and Shenzhen Leadfar.
88 FR 60491–94. The Commission
requested submissions on remedy, the
public interest, and bonding. Id.
Complainant filed a public interest
statement on August 14, 2023, and a
written submission on remedy, the
public interest, and bonding on
September 11, 2023. OUII filed a written
submission on remedy, the public
interest, and bonding on September 11,
2023, and a reply submission on
remedy, the public interest, and
bonding on September 18, 2023.
Having examined the record in this
investigation, the Commission has
determined pursuant to section
337(g)(1) and Commission Rule
210.16(c) to issue an LEO prohibiting
the unlicensed entry of certain pillows
and seat cushions, components thereof,
and packaging thereof that infringe one
or more of claims 1, 3, 4, and 10 of the
’837 patent that are manufactured
abroad by, or on behalf of, or imported
by or on behalf of Dirani Design. The
Commission has also determined
pursuant to section 337(d) to issue a
GEO prohibiting the unlicensed entry of
certain pillows and seat cushions,
components thereof, and packaging
thereof that infringe one or more of
claims 18, 19, 21–29, and 33 of the ’445
patent. The Commission has further
determined to issue CDOs against Dirani
Design, Dongguan Jingrui, Hangzhou
Lydia, and Shenzhen Leadfar.
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80335
The Commission has determined that
the public interest factors enumerated in
subsections (d)(1), (f), and (g)(1) of
section 337 do not preclude the
issuance of the remedial orders. 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 set in
the amount of one hundred percent
(100%) of the entered value of the
imported articles that are subject to the
LEO and GEO. The Commission’s
remedial orders were delivered to the
President and to the United States Trade
Representative on the day of their
issuance. The investigation is hereby
terminated.
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).
The Commission vote for this
determination took place on November
13, 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: November 13, 2023.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2023–25412 Filed 11–16–23; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 731–TA–472 (Fifth
Review)]
Silicon Metal From China;
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
1 The record is defined in § 207.2(f) of the
Commission’s Rules of Practice and Procedure (19
CFR 207.2(f)).
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80336
Federal Register / Vol. 88, No. 221 / Friday, November 17, 2023 / Notices
1930 (‘‘the Act’’), that revocation of the
antidumping duty order on silicon
metal 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.
Background
The Commission instituted this
review on May 1, 2023 (88 FR 26595)
and determined on August 4, 2023 that
it would conduct an expedited review
(88 FR 61613, September 7, 2023).
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 November 14, 2023. The
views of the Commission are contained
in USITC Publication 5473 (November
2023), entitled Silicon Metal from
China: Investigation No. 731–TA–472
(Fifth Review).
By order of the Commission.
Issued: November 14, 2023.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2023–25469 Filed 11–16–23; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–1375]
Certain Mobile Phones, Components
Thereof, and Products Containing
Same; 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
October 11, 2023, under section 337 of
the Tariff Act of 1930, as amended, on
behalf of Telefonaktiebolaget LM
Ericsson of Sweden. Supplements were
filed on October 31, 2023 and November
9, 2023. The complaint 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 mobile phones, components
thereof, and products containing same
by reason of the infringement of certain
claims of U.S. Patent No. 10,425,817
(‘‘the ’817 patent’’); U.S. Patent No.
10,306,669 (‘‘the ’669 patent’’); U.S.
Patent No. 11,317,342 (‘‘the ’342
patent’’); and U.S. Patent No. 11,515,893
(‘‘the ’893 patent’’). The complaint
further alleges that an industry in the
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SUMMARY:
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United States exists 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.
ADDRESSES: 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:
Pathenia M. Proctor, The Office of
Unfair Import Investigations U.S.
International Trade Commission,
telephone (202) 205–2560.
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 (2023).
Scope of Investigation: Having
considered the complaint, the U.S.
International Trade Commission, on
November 13, 2023, 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
10–16 of the ’817 patent; claims 1–23 of
the ’669 patent; claims 1–18 and 34–40
of the ’342 patent; and claims 1–12 of
the ’893 patent, and whether an
industry in the United States exists 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
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investigation, is ‘‘mobile phones and
smartphones capable of operating in a
5G network’’;
(3) Pursuant to Commission Rule
210.50(b)(1), 19 CFR 210.50(b)(1), the
presiding administrative law judge shall
take evidence or other information and
hear arguments from the parties or other
interested persons with respect to the
public interest in this investigation, as
appropriate, and provide the
Commission with findings of fact and a
recommended determination on this
issue, which shall be limited to the
statutory public interest factors set forth
in 19 U.S.C. 1337(d)(1), (f)(1), (g)(1);
(4) 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:
Telefonaktiebolaget LM Ericsson,
Torshamnsgatan 21, Kista, Stockholm,
Sweden
(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:
Motorola Mobility LLC, 222 W.
Merchandise Mart Plaza, Suite 1800,
Chicago, Illinois 60654
Lenovo (United States) Inc., 1009 Think
Place, Building One, Morrisville, NC
27560
Lenovo Group Limited, 23rd Floor,
Lincoln House, Taikoo Place, 979
King’s Road, Quarry Bay, Hong Kong
SAR
Motorola (Wuhan) Mobility
Technologies, Communication Co.,
LTD., 19 Gaoxin 4th Road, Donghu
New Technology Development Zone,
Hubei 430205 Wuhan, China
(c) The Office of Unfair Import
Investigations, U.S. International Trade
Commission, 500 E Street SW, Suite
401, Washington, DC 20436; and
(5) For the investigation so instituted,
the Chief Administrative Law Judge,
U.S. International Trade Commission,
shall designate the presiding
Administrative Law Judge.
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
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]]>Agencies
[Federal Register Volume 88, Number 221 (Friday, November 17, 2023)]
[Notices]
[Pages 80335-80336]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-25469]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 731-TA-472 (Fifth Review)]
Silicon Metal From China; 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
[[Page 80336]]
1930 (``the Act''), that revocation of the antidumping duty order on
silicon metal 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.
---------------------------------------------------------------------------
\1\ The record is defined in Sec. 207.2(f) of the Commission's
Rules of Practice and Procedure (19 CFR 207.2(f)).
---------------------------------------------------------------------------
Background
The Commission instituted this review on May 1, 2023 (88 FR 26595)
and determined on August 4, 2023 that it would conduct an expedited
review (88 FR 61613, September 7, 2023).
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 November 14, 2023. The views of the
Commission are contained in USITC Publication 5473 (November 2023),
entitled Silicon Metal from China: Investigation No. 731-TA-472 (Fifth
Review).
By order of the Commission.
Issued: November 14, 2023.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2023-25469 Filed 11-16-23; 8:45 am]
BILLING CODE 7020-02-P
