Certain Fitness Devices, Streaming Components Thereof, and Systems Containing Same Institution of Rescission Proceeding; Issuance of Order Rescinding Remedial Orders as to Certain Respondents; Termination of Rescission Proceeding, 26189-26190 [2024-07843]
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Federal Register / Vol. 89, No. 73 / Monday, April 15, 2024 / Notices
granted access to BPI following
publication of the Commission’s notice
of institution of these reviews need not
reapply for such access. A separate
service list will be maintained by the
Secretary for those parties authorized to
receive BPI under the APO.
Staff report.—The prehearing staff
report in these reviews will be placed in
the nonpublic record on September 19,
2024, and a public version will be
issued thereafter, pursuant to section
207.64 of the Commission’s rules.
Hearing.—The Commission will hold
an in-person hearing in connection with
these reviews beginning at 9:30 a.m. on
Thursday, October 3, 2024. Requests to
appear at the hearing should be filed in
writing with the Secretary to the
Commission on or before 5:15 p.m. on
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include a statement explaining why the
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conduct the review, may in their
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positive COVID–19 test result may be
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be posted on the Commission’s website
at https://www.usitc.gov/calendarpad/
calendar.html.
A nonparty who has testimony that
may aid the Commission’s deliberations
may request permission to present a
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Oral testimony and written materials to
be submitted at the public hearing are
governed by sections 201.6(b)(2),
201.13(f), and 207.24 of the
Commission’s rules. Parties must submit
any request to present a portion of their
hearing testimony in camera no later
than 7 business days prior to the date of
the hearing.
Written submissions.—Each party to
the review may submit a prehearing
brief to the Commission. Prehearing
briefs must conform with the provisions
of section 207.65 of the Commission’s
rules; the deadline for filing is 5:15 p.m.
on September 26, 2024. Parties shall
VerDate Sep<11>2014
17:44 Apr 12, 2024
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also file written testimony in connection
with their presentation at the hearing,
and posthearing briefs, which must
conform with the provisions of section
207.67 of the Commission’s rules. The
deadline for filing posthearing briefs is
5:15 p.m. on October 10, 2024. In
addition, any person who has not
entered an appearance as a party to the
reviews may submit a written statement
of information pertinent to the subject of
the review on or before 5:15 p.m. on
October 10, 2024. On November 7, 2024,
the Commission will make available to
parties all information on which they
have not had an opportunity to
comment. Parties may submit final
comments on this information on or
before 5:15 p.m. on November 12, 2024,
but such final comments must not
contain new factual information and
must otherwise comply with section
207.68 of the Commission’s rules. All
written submissions must conform with
the provisions of section 201.8 of the
Commission’s rules; any submissions
that contain BPI must also conform with
the requirements of sections 201.6,
207.3, and 207.7 of the Commission’s
rules. The Commission’s Handbook on
Filing Procedures, available on the
Commission’s website at https://
www.usitc.gov/documents/handbook_
on_filing_procedures.pdf, elaborates
upon the Commission’s procedures with
respect to filings.
Additional written submissions to the
Commission, including requests
pursuant to section 201.12 of the
Commission’s rules, shall not be
accepted unless good cause is shown for
accepting such submissions, or unless
the submission is pursuant to a specific
request by a Commissioner or
Commission staff.
In accordance with sections 201.16(c)
and 207.3 of the Commission’s rules,
each document filed by a party to the
review must be served on all other
parties to these reviews (as identified by
either the public or BPI service list), and
a certificate of service must be timely
filed. The Secretary will not accept a
document for filing without a certificate
of service.
The Commission has determined that
these reviews are extraordinarily
complicated and therefore has
determined to exercise its authority to
extend the review period by up to 90
days pursuant to 19 U.S.C.1675(c)(5)(B).
Authority: These reviews is being
conducted under authority of title VII of
the Tariff Act of 1930; this notice is
published pursuant to section 207.62 of
the Commission’s rules.
By order of the Commission.
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26189
Issued: April 10, 2024.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2024–07917 Filed 4–12–24; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–1265 (Rescission
II)]
Certain Fitness Devices, Streaming
Components Thereof, and Systems
Containing Same Institution of
Rescission Proceeding; Issuance of
Order Rescinding Remedial Orders as
to Certain Respondents; Termination
of Rescission Proceeding
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
Notice is hereby given that
the U.S. International Trade
Commission (‘‘Commission’’) has
determined to institute a rescission
proceeding, issue an order rescinding
the remedial orders directed to iFIT Inc.,
f/k/a ICON Health & Fitness, Inc. of
Logan, Utah; FreeMotion Fitness, Inc. of
Logan, Utah; and NordicTrack Inc. of
Logan, Utah (together with iFIT Inc. and
FreeMotion Fitness, Inc., ‘‘iFit’’), and
then terminate the rescission
proceeding.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Ronald A. Traud, Esq., Office of the
General Counsel, U.S. International
Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202)
205–3427. 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 May
19, 2021, the Commission instituted the
underlying investigation based on a
complaint filed on behalf of
complainants DISH DBS Corporation of
Englewood, Colorado; DISH
Technologies L.L.C. of Englewood,
Colorado; and Sling TV L.L.C. of
Englewood, Colorado (collectively,
‘‘DISH’’). 86 FR 27106, 27106–07 (May
19, 2021). The complaint alleged
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ddrumheller on DSK120RN23PROD with NOTICES1
26190
Federal Register / Vol. 89, No. 73 / Monday, April 15, 2024 / Notices
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 fitness devices,
streaming components thereof, and
systems containing the same by reason
of infringement of certain claims of U.S.
Patent Nos. 9,407,564 (‘‘the ’564
patent’’); 10,469,554 (‘‘the ’554 patent’’);
10,469,555 (‘‘the ’555 patent’’);
10,757,156 (‘‘the ’156 patent’’); and
10,951,680 (‘‘the ’680 patent’’). Id. The
complaint further alleged that a
domestic industry exists. Id. The
Commission’s notice of investigation
named as respondents iFit; Peloton
Interactive, Inc. of New York, New York
(‘‘Peloton’’); lululemon athletica inc. of
Vancouver, Canada; and Curiouser
Products Inc. d/b/a MIRROR of New
York, New York (together with
lululemon athletica inc., ‘‘MIRROR,’’
and together with the other respondents,
‘‘Respondents’’). Id.; Order No. 14 (Nov.
4, 2021), unreviewed by Comm’n Notice
(Dec. 6, 2021), 86 FR 70532 (Dec. 10,
2021). The Office of Unfair Import
Investigations (‘‘OUII’’) participated in
the investigation. 86 FR at 27106–07.
On March 8, 2023, the Commission
issued its final determination, finding
respondents Peloton and iFit in
violation of section 337 as to the
asserted claims of the ’156, ’554, and
’555 patents, but not as to the asserted
claims of the ’564 patent. See 88 FR
15736 (Mar. 14, 2023). The investigation
had terminated as to the asserted claims
of the ’680 patent prior to the issuance
of the final initial determination, Order
No. 21 (Mar. 3, 2022), unreviewed by
Comm’n Notice (Mar. 23, 2022), and the
final determination granted an
unopposed motion to terminate as to
MIRROR, see 88 FR at 15736. As a
remedy, the Commission issued a
limited exclusion order (‘‘LEO’’) and
cease and desist orders (‘‘CDOs’’)
directed to Peloton and iFit. Id.
On May 5, 2023, the Commission
modified the remedial orders in certain
respects, see 88 FR 30158 (May 10,
2023). On June 1, 2023, the Commission
rescinded the remedial orders directed
to Peloton. See 88 FR 37274 (June 7,
2023). Thus, the remaining orders in
this investigation are only directed to
iFit.
On March 8, 2024, DISH filed a
petition requesting that the Commission
rescind the remedial orders issued
against iFit based on a settlement
agreement between DISH and iFit. DISH
also filed confidential and public
supplements to the petition that
included confidential and public
versions of the settlement agreement.
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17:44 Apr 12, 2024
Jkt 262001
The petition asserts that rescission is
warranted based on changed conditions
of fact and law stemming from DISH
and iFit reaching a settlement agreement
that fully resolves the dispute between
DISH and iFit concerning the subject
matter of the underlying investigation.
On March 19, 2024, OUII filed a
response supporting DISH’s petition. No
other responses were received in
response to the petition.
In consideration of the petition and
the response thereto, the Commission
has determined to institute a rescission
proceeding in this investigation.
Consistent with an order issued
concurrently herewith, the Commission
has determined to rescind the remaining
modified remedial orders issued in this
investigation. The settlement agreement
fully resolves the dispute between DISH
and iFit concerning the subject matter of
this investigation, the settlement
agreement constitutes changed
circumstances warranting rescission,
and the petition complies with the
procedural requirements of Commission
Rule 210.76 (19 CFR 210.76). The
Commission has further determined to
terminate this rescission proceeding.
The Commission vote for these
determinations took place on April 9,
2024.
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: April 9, 2024.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2024–07843 Filed 4–12–24; 8:45 am]
BILLING CODE 7020–02–P
DEPARTMENT OF JUSTICE
[OMB 1140–0030]
Agency Information Collection
Activities; Proposed eCollection
eComments Requested; Records and
Supporting Data: Importation, Receipt,
Storage, and Disposition by
Explosives Importers, Manufacturers,
Dealers, and Users Licensed Under
Title 18 U.S.C. Chapter 40 Explosives
Bureau of Alcohol, Tobacco,
Firearms and Explosives, Department of
Justice.
ACTION: 30-Day notice.
AGENCY:
The Department of Justice
(DOJ), Bureau of Alcohol, Tobacco,
Firearms and Explosives (ATF), will be
SUMMARY:
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submitting the following information
collection request to the Office of
Management and Budget (OMB) for
review and approval in accordance with
the Paperwork Reduction Act of 1995.
The proposed information collection
was previously published in the Federal
Register, volume 89 page 8248, on
Tuesday, February 6, 2024, allowing a
60-day comment period.
DATES: Comments are encouraged and
will be accepted for 30 days until May
15, 2024.
FOR FURTHER INFORMATION CONTACT: If
you have comments especially on the
estimated public burden or associated
response time, suggestions, or need a
copy of the proposed information
collection instrument with instructions
or additional information, please
contact: Michael O’Lena, Explosives
Industry Programs Branch by email at
eipb-informationcollection@atf.gov or
telephone at 202–648–7120.
SUPPLEMENTARY INFORMATION:
Written comments and suggestions
from the public and affected agencies
concerning the proposed collection of
information are encouraged. Your
comments should address one or more
of the following four points:
—Evaluate whether the proposed
collection of information is necessary
for the proper performance of the
functions of the agency, including
whether the information will have
practical utility;
—Evaluate the accuracy of the agency’s
estimate of the burden of the
proposed collection of information,
including the validity of the
methodology and assumptions used;
—Enhance the quality, utility, and
clarity of the information to be
collected; and/or
—Minimize the burden of the collection
of information on those who are to
respond, including through the use of
appropriate automated, electronic,
mechanical, or other technological
collection techniques or other forms
of information technology, e.g.,
permitting electronic submission of
responses.
Written comments and
recommendations for this information
collection should be submitted within
30 days of the publication of this notice
on the following website
www.reginfo.gov/public/do/PRAMain.
Find this particular information
collection by selecting ‘‘Currently under
30-day Review—Open for Public
Comments’’ or by using the search
function and entering either the title of
the information collection or the OMB
Control Number 1140–0030. This
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]]>Agencies
[Federal Register Volume 89, Number 73 (Monday, April 15, 2024)]
[Notices]
[Pages 26189-26190]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-07843]
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1265 (Rescission II)]
Certain Fitness Devices, Streaming Components Thereof, and
Systems Containing Same Institution of Rescission Proceeding; Issuance
of Order Rescinding Remedial Orders as to Certain Respondents;
Termination of Rescission Proceeding
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that the U.S. International Trade
Commission (``Commission'') has determined to institute a rescission
proceeding, issue an order rescinding the remedial orders directed to
iFIT Inc., f/k/a ICON Health & Fitness, Inc. of Logan, Utah; FreeMotion
Fitness, Inc. of Logan, Utah; and NordicTrack Inc. of Logan, Utah
(together with iFIT Inc. and FreeMotion Fitness, Inc., ``iFit''), and
then terminate the rescission proceeding.
FOR FURTHER INFORMATION CONTACT: Ronald A. Traud, Esq., Office of the
General Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202) 205-3427. 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 May 19, 2021, the Commission instituted
the underlying investigation based on a complaint filed on behalf of
complainants DISH DBS Corporation of Englewood, Colorado; DISH
Technologies L.L.C. of Englewood, Colorado; and Sling TV L.L.C. of
Englewood, Colorado (collectively, ``DISH''). 86 FR 27106, 27106-07
(May 19, 2021). The complaint alleged
[[Page 26190]]
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 fitness devices, streaming components thereof, and systems
containing the same by reason of infringement of certain claims of U.S.
Patent Nos. 9,407,564 (``the '564 patent''); 10,469,554 (``the '554
patent''); 10,469,555 (``the '555 patent''); 10,757,156 (``the '156
patent''); and 10,951,680 (``the '680 patent''). Id. The complaint
further alleged that a domestic industry exists. Id. The Commission's
notice of investigation named as respondents iFit; Peloton Interactive,
Inc. of New York, New York (``Peloton''); lululemon athletica inc. of
Vancouver, Canada; and Curiouser Products Inc. d/b/a MIRROR of New
York, New York (together with lululemon athletica inc., ``MIRROR,'' and
together with the other respondents, ``Respondents''). Id.; Order No.
14 (Nov. 4, 2021), unreviewed by Comm'n Notice (Dec. 6, 2021), 86 FR
70532 (Dec. 10, 2021). The Office of Unfair Import Investigations
(``OUII'') participated in the investigation. 86 FR at 27106-07.
On March 8, 2023, the Commission issued its final determination,
finding respondents Peloton and iFit in violation of section 337 as to
the asserted claims of the '156, '554, and '555 patents, but not as to
the asserted claims of the '564 patent. See 88 FR 15736 (Mar. 14,
2023). The investigation had terminated as to the asserted claims of
the '680 patent prior to the issuance of the final initial
determination, Order No. 21 (Mar. 3, 2022), unreviewed by Comm'n Notice
(Mar. 23, 2022), and the final determination granted an unopposed
motion to terminate as to MIRROR, see 88 FR at 15736. As a remedy, the
Commission issued a limited exclusion order (``LEO'') and cease and
desist orders (``CDOs'') directed to Peloton and iFit. Id.
On May 5, 2023, the Commission modified the remedial orders in
certain respects, see 88 FR 30158 (May 10, 2023). On June 1, 2023, the
Commission rescinded the remedial orders directed to Peloton. See 88 FR
37274 (June 7, 2023). Thus, the remaining orders in this investigation
are only directed to iFit.
On March 8, 2024, DISH filed a petition requesting that the
Commission rescind the remedial orders issued against iFit based on a
settlement agreement between DISH and iFit. DISH also filed
confidential and public supplements to the petition that included
confidential and public versions of the settlement agreement. The
petition asserts that rescission is warranted based on changed
conditions of fact and law stemming from DISH and iFit reaching a
settlement agreement that fully resolves the dispute between DISH and
iFit concerning the subject matter of the underlying investigation.
On March 19, 2024, OUII filed a response supporting DISH's
petition. No other responses were received in response to the petition.
In consideration of the petition and the response thereto, the
Commission has determined to institute a rescission proceeding in this
investigation. Consistent with an order issued concurrently herewith,
the Commission has determined to rescind the remaining modified
remedial orders issued in this investigation. The settlement agreement
fully resolves the dispute between DISH and iFit concerning the subject
matter of this investigation, the settlement agreement constitutes
changed circumstances warranting rescission, and the petition complies
with the procedural requirements of Commission Rule 210.76 (19 CFR
210.76). The Commission has further determined to terminate this
rescission proceeding.
The Commission vote for these determinations took place on April 9,
2024.
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: April 9, 2024.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2024-07843 Filed 4-12-24; 8:45 am]
BILLING CODE 7020-02-P
