Certain Self-Balancing Electric Skateboards and Components Thereof; Notice of Institution of Investigation, 2644-2645 [2024-00614]

Download as PDF 2644 Federal Register / Vol. 89, No. 10 / Tuesday, January 16, 2024 / Notices Bear Point (By-5, now known as Strickland Point) and an unknown site in St. Andrews Bay. The four unassociated funerary objects are four potsherds (Catalog A55/Index 149; Catalog A56/Index 150). The one sacred object is a large shell dipper (Catalog A57/Index 151). On January 25, 1955, after receiving Congressional authorization, the Smithsonian Institution officially transferred one lot of ‘‘Archaeological Specimens (duplicate) (Educational study collections),’’ to Colgate University’s Sociology and Anthropology Professor John Longyear III, Curator of the LMA (previously the Anthropology Museum). The five cultural items from Bear Point Mound were accessioned into the LMA collection at this time. ddrumheller on DSK120RN23PROD with NOTICES1 Cultural Affiliation The cultural items in this notice are connected to one or more identifiable earlier groups, tribes, peoples, or cultures. There is a relationship of shared group identity between the identifiable earlier groups, tribes, peoples, or cultures and one or more Indian Tribes or Native Hawaiian organizations. The following types of information were used to reasonably trace the relationship: archeological information, geographical information, historical information, and expert opinion. Determinations Pursuant to NAGPRA and its implementing regulations, and after consultation with the appropriate Indian Tribes and Native Hawaiian organizations, the LMA has determined that: • The four cultural items described above are reasonably believed to have been placed with or near individual human remains at the time of death or later as part of the death rite or ceremony and are believed, by a preponderance of the evidence, to have been removed from a specific burial site of a Native American individual. • The one cultural item described above is a specific ceremonial object needed by traditional Native American religious leaders for the practice of traditional Native American religions by their present-day adherents. • There is a relationship of shared group identity that can be reasonably traced between the cultural items and the Seminole Tribe of Florida and The Choctaw Nation of Oklahoma. Requests for Repatriation Additional, written requests for repatriation of the cultural items in this VerDate Sep<11>2014 18:57 Jan 12, 2024 Jkt 262001 notice must be sent to the Responsible Official identified in ADDRESSES. Requests for repatriation may be submitted by any lineal descendant, Indian Tribe, or Native Hawaiian organization not identified in this notice who shows, by a preponderance of the evidence, that the requestor is a lineal descendant or a culturally affiliated Indian Tribe or Native Hawaiian organization. Repatriation of the cultural items in this notice to a requestor may occur on or after February 15, 2024. If competing requests for repatriation are received, the LMA must determine the most appropriate requestor prior to repatriation. Requests for joint repatriation of the cultural items are considered a single request and not competing requests. The LMA is responsible for sending a copy of this notice to the Indian Tribes and Native Hawaiian organizations identified in this notice. Authority: Native American Graves Protection and Repatriation Act, 25 U.S.C. 3003, and the implementing regulations, 43 CFR 10.8, 10.10, and 10.14. Dated: January 9, 2024. Melanie O’Brien, Manager, National NAGPRA Program. [FR Doc. 2024–00608 Filed 1–12–24; 8:45 am] BILLING CODE 4312–52–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–1386] Certain Self-Balancing Electric Skateboards 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 December 5, 2023, under section 337 of the Tariff Act of 1930, as amended, on behalf of Future Motion, Inc. of Santa Cruz, California. 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 self-balancing electric skateboards and components thereof by reason of the infringement of certain claims of U.S. Patent No. 9,400,505 (‘‘the ’505 patent’’). The complaint further alleges that an industry in the United States exists as required by the SUMMARY: PO 00000 Frm 00063 Fmt 4703 Sfmt 4703 applicable Federal Statute. The complainant requests that the Commission institute an investigation and, after the investigation, issue a general exclusion order, or in the alternative a limited exclusion order, and cease and desist orders. A motion for temporary relief filed concurrently with the complaint requests that the Commission issue a temporary exclusion order prohibiting the importation into and the sale within the United States after importation of certain self-balancing electric skateboards and components thereof during the course of the Commission’s investigation. 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 January 9, 2024, 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, 2, 4–6, 8–10, 13–15, and 17–19 of the ’505 patent, and whether an industry in the United States exists as required by subsection (a)(2) of section 337; E:\FR\FM\16JAN1.SGM 16JAN1 ddrumheller on DSK120RN23PROD with NOTICES1 Federal Register / Vol. 89, No. 10 / Tuesday, January 16, 2024 / Notices (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 ‘‘one-wheeled, selfbalancing electric skateboards that move in response to a rider’s weight distribution on the board’’; (3) Pursuant to section 210.58 of the Commission’s Rules of Practice and Procedure, 19 CFR 210.58, the motion for temporary relief under subsection (e) of section 337 of the Tariff Act of 1930, which was filed with the complaint, is provisionally accepted and referred to the presiding administrative law judge for investigation; (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: Future Motion, Inc., 1201 Shaffer Road, Santa Cruz, California 95060 (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: Floatwheel, 5th Tech Rd Industry Complex, Building 06 F27 15, Guilin City, GuangXi Province 546008, China Changzhou Smilo Motors Co., Ltd., Guzhuang, Benniu Town, Xinbei District, Changzhou, Jiangsu Province, China Changzhou Gaea Technology Co., Ltd., Changxin Industrial Park, No. 218, Taishan Road, Xinbei District, Changzhou, Jiangsu, China Shanghai Loyal Industry Co., Ltd., d/b/ a ‘‘SoverSky’’, Room 204–192, 500 Chuansha Road, Shanghai, 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 VerDate Sep<11>2014 18:57 Jan 12, 2024 Jkt 262001 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: January 9, 2024. Katherine Hiner, Supervisory Attorney. [FR Doc. 2024–00614 Filed 1–12–24; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–1334] Certain Raised Garden Beds and Components Thereof; Notice of a Commission Determination To Review in Part a Final Initial Determination Finding a Violation of Section 337; Request for Written Submissions on Remedy, the Public Interest, and Bonding U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that the U.S. International Trade Commission (‘‘Commission’’) has determined to review in part a final initial determination on violation of section 337 (the ‘‘Final ID’’) issued by the presiding administrative law judge (‘‘ALJ’’) finding a violation of section 337 by reason of misappropriation of trade secrets and unfair competition based on false advertising under the Lanham Act. The Commission requests written submissions from the parties, interested government agencies, and other interested persons on the issues of remedy, the public interest, and bonding, under the schedule set forth below. FOR FURTHER INFORMATION CONTACT: Edward S. Jou, Esq., Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW, SUMMARY: PO 00000 Frm 00064 Fmt 4703 Sfmt 4703 2645 Washington, DC 20436, telephone (202) 205–3316. 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: The Commission instituted this investigation on October 19, 2022, based on an amended complaint (the ‘‘Complaint’’) filed by Vego Garden, Inc. of Houston, Texas (the ‘‘Complainant’’ or ‘‘Vego Garden’’). 87 FR 63527–28 (Oct. 19, 2022). The Complaint alleges violations of section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, based upon the importation into the United States, and in the sale of, certain raised garden beds and components thereof by reason of misappropriation of trade secrets and unfair competition, the threat or effect of which is to destroy or substantially injure a domestic industry. Id. at 63527. The Commission’s notice of investigation named five respondents, see id., and the name of one of the respondents was corrected pursuant to an amended complaint. See 88 FR 2637–38 (Jan. 17, 2023) (amending complaint and notice of investigation). The five named respondents, as amended, are: Huizhou Green Giant Technology Co., Ltd. (‘‘Green Giant’’) of Guangdong, China; Utopban International Trading Co., Ltd. d/b/a Vegega (‘‘Utopban International’’) of Rosemead, California; Utopban Limited (‘‘Utopban’’) of Hong Kong, China; Forever Garden of El Monte, California; and VegHerb, LLC d/b/a Frame It All (‘‘VegHerb’’) of Cary, North Carolina. See id. at 2638. The Office of Unfair Import Investigations (‘‘OUII’’) is also a party in this investigation. Id. The investigation was terminated as to Utopban International based on withdrawal of the complaint’s allegations. Order No. 9 (Jan. 30, 2023), unreviewed by Comm’n Notice (Feb. 27, 2023). The investigation was terminated as to Forever Garden and VegHerb based on settlement agreements. Order No. 11 (Feb. 23, 2023) (VegHerb) and Order No. 12 (Feb. 23, 2023) (Forever Garden), both unreviewed by Comm’n Notice (Mar. 23, 2023). An evidentiary hearing was held on May 22–25, 2023, and the ALJ issued E:\FR\FM\16JAN1.SGM 16JAN1

Agencies

INTERNATIONAL TRADE COMMISSION

[Federal Register Volume 89, Number 10 (Tuesday, January 16, 2024)]
[Notices]
[Pages 2644-2645]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-00614]


=======================================================================
-----------------------------------------------------------------------

INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1386]


Certain Self-Balancing Electric Skateboards 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 December 5, 2023, under section 
337 of the Tariff Act of 1930, as amended, on behalf of Future Motion, 
Inc. of Santa Cruz, California. 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 self-balancing electric skateboards and 
components thereof by reason of the infringement of certain claims of 
U.S. Patent No. 9,400,505 (``the '505 patent''). The complaint further 
alleges that an industry in the United States exists as required by the 
applicable Federal Statute. The complainant requests that the 
Commission institute an investigation and, after the investigation, 
issue a general exclusion order, or in the alternative a limited 
exclusion order, and cease and desist orders. A motion for temporary 
relief filed concurrently with the complaint requests that the 
Commission issue a temporary exclusion order prohibiting the 
importation into and the sale within the United States after 
importation of certain self-balancing electric skateboards and 
components thereof during the course of the Commission's investigation.

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 
[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: 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 January 9, 2024, 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, 2, 4-6, 8-10, 13-15, and 17-19 of the '505 patent, and 
whether an industry in the United States exists as required by 
subsection (a)(2) of section 337;

[[Page 2645]]

    (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 ``one-wheeled, self-
balancing electric skateboards that move in response to a rider's 
weight distribution on the board'';
    (3) Pursuant to section 210.58 of the Commission's Rules of 
Practice and Procedure, 19 CFR 210.58, the motion for temporary relief 
under subsection (e) of section 337 of the Tariff Act of 1930, which 
was filed with the complaint, is provisionally accepted and referred to 
the presiding administrative law judge for investigation;
    (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:

Future Motion, Inc., 1201 Shaffer Road, Santa Cruz, California 95060

    (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:

Floatwheel, 5th Tech Rd Industry Complex, Building 06 F27 15, Guilin 
City, GuangXi Province 546008, China
Changzhou Smilo Motors Co., Ltd., Guzhuang, Benniu Town, Xinbei 
District, Changzhou, Jiangsu Province, China
Changzhou Gaea Technology Co., Ltd., Changxin Industrial Park, No. 218, 
Taishan Road, Xinbei District, Changzhou, Jiangsu, China
Shanghai Loyal Industry Co., Ltd., d/b/a ``SoverSky'', Room 204-192, 
500 Chuansha Road, Shanghai, 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 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: January 9, 2024.
Katherine Hiner,
Supervisory Attorney.
[FR Doc. 2024-00614 Filed 1-12-24; 8:45 am]
BILLING CODE 7020-02-P

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.