Certain Blood Flow Restriction Devices With Rotatable Windlasses and Components Thereof; Notice of a Commission Determination That the March 19, 2024, Initial Determination (Order No. 23) is an Order and Recommended Determination Rather Than an Initial Determination; Request for Written Submissions on Remedy, the Public Interest, and Bonding, 31214-31216 [2024-08705]
Download as PDF
31214
Federal Register / Vol. 89, No. 80 / Wednesday, April 24, 2024 / Notices
non-lead ammunition on the U.S. Fish
and Wildlife Service’s lands and waters,
including discussion of a National
Wildlife Refuge System concept for nonlead ammunition pilot programs;
• discussion and further
consideration of a Council
recommendation pertaining to land
appraisal and land exchange processes
at both the Department of the Interior
and the Department of Agriculture;
• briefings from Federal agency staff
on the fiscal year 2025 budget request
for the U.S. Fish and Wildlife Service,
mature and old-growth forest
regulations by the U.S. Forest Service,
and the Bureau of Land Management
solar energy draft programmatic
environmental impact statement; and
• a briefing on the name change of the
U.S. Fish and Wildlife Service’s
Wildlife and Sport Fish Restoration
program to the Office of Conservation
Investment.
The Council will also hear public
comment if members of the public make
such requests. The final agenda and
other related meeting information will
be available on the Council website,
https://www.fws.gov/program/hwcc.
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Public Input
Depending on the number of people
who want to comment and the time
available, the amount of time for
individual oral comments may be
limited. Interested parties should
contact the DFO in writing (see FOR
FURTHER INFORMATION CONTACT) for
placement on the public speaker list for
this meeting. Requests to address the
Council during the meeting will be
accommodated in the order the requests
are received. Registered speakers who
wish to expand upon their oral
statements, or those who had wished to
speak but could not be accommodated
on the agenda, may submit written
statements to the DFO up to 30 days
following the meeting.
Accessibility Information
Please make requests in advance for
sign language interpreter services,
assistive listening devices, or other
reasonable accommodations. Please
contact the DFO (see FOR FURTHER
INFORMATION CONTACT) no later than
Monday, May 13, 2024, to give the U.S.
Fish and Wildlife Service sufficient time
to process your request. All reasonable
accommodation requests are managed
on a case-by-case basis.
Public Disclosure
Before including your address, phone
number, email address, or other
personal identifying information on any
comments you might have about this
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16:48 Apr 23, 2024
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notice, you should be aware that your
entire comment—including your
personal identifying information—may
be made publicly available at any time.
While you can ask us in your comment
to withhold your personal identifying
information from public review, we
cannot guarantee that we will be able to
do so.
Authority: 5 U.S.C. ch. 10.
Roya Mogadam,
Acting Assistant Director, Office of
Communications.
[FR Doc. 2024–08723 Filed 4–23–24; 8:45 am]
BILLING CODE 4333–15–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–1364]
Certain Blood Flow Restriction Devices
With Rotatable Windlasses and
Components Thereof; Notice of a
Commission Determination That the
March 19, 2024, Initial Determination
(Order No. 23) is an Order and
Recommended Determination Rather
Than an Initial Determination; 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 that the March 19, 2024,
initial determination (‘‘ID’’) (Order No.
23) issued by the presiding
administrative law judge (‘‘ALJ’’)
granting a motion to withdraw
Complainants’ request for a general
exclusion order (‘‘GEO’’) in connection
with the asserted trademarks and trade
dress and to cancel the evidentiary
hearing is properly issued in the form of
an order rather than an initial
determination. Order No. 23 also
includes the ALJ’s recommended
determination (‘‘RD’’) on remedy and
bonding, and thus, 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:
Amanda P. Fisherow, Esq., Office of the
General Counsel, U.S. International
Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202)
205–2737. Copies of non-confidential
documents filed in connection with this
investigation may be viewed on the
SUMMARY:
PO 00000
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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 May 31, 2023, based on a complaint,
as supplemented, filed by Composite
Resources, Inc. of Rock Hill, South
Carolina, and North American Rescue,
LLC of Greer, South Carolina
(collectively, ‘‘Complainants’’). 88 FR
34893–95 (May 31, 2023). The
complaint, as supplemented, alleged
violations of section 337 of the Tariff
Act of 1930, as amended, 19 U.S.C.
1337, in the importation into the United
States, sale for importation, or sale in
the United States after importation of
certain blood flow restriction devices
with rotatable windlasses and
components thereof that infringe one or
more of: claims 1–17 of U.S. Patent No.
7,842,067 (‘‘the ’067 patent’’), claims 1–
30 of the U.S. Patent No. 8,888,807 (‘‘the
’807 patent’’), and claims 1–13 of the
U.S. Patent No. 10,016,203 (‘‘the ’203
patent’’); United States Trademark
Registration Nos. 3,863,064 and
5,064,378; and trade dress infringement
in violation of Section 43(a) of the
Lanham Act (15 U.S.C. 1125) the threat
or effect of which is to destroy or
substantially injure an industry in the
United States. Id. at 34893–94; see
Complaint, ¶¶ 9–15. The complaint also
requested the issuance of a GEO with
respect to all of these allegations.
The Commission’s notice of
investigation named the following
respondents: (1) Anping Longji Medical
Equipment Factory of Hengshui City,
China; Dongguanwin Si Hai Precision
Mold Co., Ltd. of Dongguan, China;
Eiffel Medical Supplies Co., Ltd. of
Shenzhen, China; Empire State
Distributors Inc. of Brooklyn, New York;
EMRN Medical Equipment of LaSalle,
Canada; GD Tianwu New Material Tech
Co., Ltd. of Guangzhou, China;
Hengshui Runde Medical Instruments
Co., Ltd. of Hengshui City, China;
Putian Dima Trading Co., Ltd. of Putian
City, China; Rhino Inc. of Lewes,
Delaware; Shanghai Sixu International
Freight Agent Co., Ltd. Of Shanghai,
China; Shenzhen Anben E-Commerce
Co., Ltd. of Shenzhen, China; Shenzhen
TMI Medical Supplies Co., Ltd. of
Shenzhen, China; Shenzhen Yujie
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Federal Register / Vol. 89, No. 80 / Wednesday, April 24, 2024 / Notices
Commercial and Trading Co., Ltd. of
Shenzhen, China; Wuxi Emsrun
Technology Co., Ltd. of Wuxi City,
China; Wuxi Golden Hour Medical
Technology Co., Ltd. of Wuxi City,
China; and Wuxi Puneda Technology
Co., Ltd. of Wuxi City, China
(collectively, ‘‘the Defaulting
Respondents’’); (2) Chaozhou Jiduo
Trading Co., Ltd. of Chaozhou City,
China; Dongguan Hongsui Electronic
Commerce, Co., Ltd. of Dongguan City,
China; Fuzhou Meirun Medical
Equipment Technology Co., Ltd. of
Fuzhou, China; Henan Eyocean ECommerce Co., Ltd. of Zhengzhou,
China; Huang Xia of Sangzi Town,
China; Jingcai Jiang of Shenzhen, China;
Shen Yi of Shenzhen, China; Shenzhen
Janxle E E Commerce Co. of Shenzhen,
China; Shenzhen Smart Medical Co.
Ltd. of Shenzhen, China; Sun Minghui
of Shenzhen, China; Xia Guo Long of
Dongguan City, China; and Yinping Yin
of Shenzhen, China (collectively, ‘‘the
Unserved Respondents’’); and (3)
Express Companies, Inc. of Oceanside,
California, and SZY Holdings LLC of
Brooklyn, New York (collectively, ‘‘the
Participating Respondents’’). Id. The
Office of Unfair Import Investigations
(‘‘OUII’’) is also a party to this
investigation.
The Commission terminated the
Participating Respondents based on the
entry of consent orders. See Order No.
7 (Aug. 9, 2023), unreviewed by Comm’n
Notice (Sept. 5, 2023); Order No. 13
(Oct. 3, 2023), unreviewed by Comm’n
Notice (Nov. 2, 2023). The Commission
also terminated the Unserved
Respondents based on the withdrawal of
the complaint as to those respondents.
See Order No. 10 (Aug. 22, 2023),
unreviewed by Comm’n Notice (Sept.
20, 2023). The Commission also found
the Defaulting Respondents in default.
See Order No. 11 (Aug. 29, 2023),
unreviewed by Comm’n Notice (Sept.
22, 2023).
On November 1, 2023, Complainants
filed a motion to partially terminate the
investigation with respect to the ’807
and ’203 patents. On November 2, 2023,
the ALJ issued Order No. 14 granting the
motion. Order No. 14 (Nov. 2, 2023),
unreviewed by Comm’n Notice (Dec. 4,
2023).
On January 23, 2024, Complainants
filed a motion to terminate claims 2, 3,
5–14, and 17 of the ’067 patent. On
January 25, 2024, the ALJ issued Order
No. 19 granting the motion. Order No.
19 (Jan. 25, 2024), unreviewed by
Comm’n Notice (Feb. 15, 2024).
Therefore, only claims 1, 4, 15, and 16
remained asserted.
On December 22, 2023, Complainants
filed a motion for summary
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16:48 Apr 23, 2024
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determination on violation of section
337 with regard to the ’067 patent,
trademarks, and trade dress by those
respondents who had been found in
default in this investigation.
Complainants later withdrew the
portion of the motion concerning the
trademark and trade dress violations.
On February 7, 2024, the ALJ issued
Order No. 20, granting the motion in
part with respect to the claims 1, 4, 15,
and 16 of the ’067 patent. Order No. 20
(Feb. 7, 2024), unreviewed by Comm’n
Notice (Mar. 6, 2024).
On March 1, 2024, Complainants filed
a motion to terminate the investigation
in part based on a withdrawal of its
request for a GEO as to the trademark
and trade dress claims and to cancel the
hearing.
On March 19, 2024, the ALJ granted
the motion and issued the subject order
(Order No. 23) styled as an initial
determination. Order No. 23 also
includes the ALJ’s RD on remedy and
bonding. Specifically, the RD
recommends that the Commission issue
a GEO as to claims 1, 4, 15, and 16 of
the ’067 patent. Order No. 23 at 9–12.
The RD further recommends that a
limited exclusion order and a cease and
desist order issue against each of the
Defaulting Respondents in connection
with the asserted claims of the ’067
patent, as well as the asserted
trademarks and the trade dress. Id. at
13–15. Finally, the RD recommends that
the Commission set the bond at one
hundred percent (100%). Id. at 15–16.
Upon review of Commission Rules
210.16, 210.21, and 210.42, 19 CFR
210.16, 210.21, 210.42, the Commission
has determined that the ALJ’s March 19,
2024, initial determination (Order No.
23) granting Complainants’ motion to
withdraw its request for a GEO as to the
asserted trademark and trade dress
claims and to cancel the hearing is an
order rather than an initial
determination. Commission Rule 210.42
does not include declaration or
withdrawal of the requested remedies
and/or cancellation of the hearing in the
list of issues that must be decided in the
form of an initial determination. Nor are
such requests properly the subject of
motions for termination of the
investigation under Rule 210.21.
Accordingly, the Commission treats
Order No. 23 as an order and an RD on
remedy and bonding, not subject to the
procedures and deadlines in Rules
210.42–43, 19 CFR 210.42–43.
In connection with the final
disposition of this investigation, the
statute authorizes issuance of, inter alia,
(1) an exclusion order that could result
in the exclusion of the subject articles
from entry into the United States; and/
PO 00000
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31215
or (2) cease and desist orders that could
result in the respondents being required
to cease and desist from engaging in
unfair acts in the importation and sale
of such articles. Accordingly, the
Commission is interested in receiving
written submissions that address the
form of remedy, if any, that should be
ordered. If a party seeks exclusion of an
article from entry into the United States
for purposes other than entry for
consumption, the party should so
indicate and provide information
establishing that activities involving
other types of entry either are adversely
affecting it or likely to do so. For
background, see Certain Devices for
Connecting Computers via Telephone
Lines, Inv. No. 337–TA–360, USITC
Pub. No. 2843, Comm’n Op. at 7–10
(Dec. 1994).
The statute requires the Commission
to consider the effects of that remedy
upon the public interest. The public
interest factors the Commission will
consider include the effect that an
exclusion order and cease and desist
orders would have on: (1) the public
health and welfare, (2) competitive
conditions in the U.S. economy, (3) U.S.
production of articles that are like or
directly competitive with those that are
subject to investigation, and (4) U.S.
consumers. The Commission is
therefore interested in receiving written
submissions that address the
aforementioned public interest factors
in the context of this investigation.
If the Commission orders some form
of remedy, the U.S. Trade
Representative, as delegated by the
President, has 60 days to approve,
disapprove, or take no action on the
Commission’s determination. See
Presidential Memorandum of July 21,
2005, 70 FR 43251 (July 26, 2005).
During this period, the subject articles
would be entitled to enter the United
States under bond, in an amount
determined by the Commission and
prescribed by the Secretary of the
Treasury. The Commission is therefore
interested in receiving submissions
concerning the amount of the bond that
should be imposed if a remedy is
ordered.
Written Submissions: Parties to the
investigation, interested government
agencies, and any other interested
parties are encouraged to file written
submissions on the issues of remedy,
the public interest, and bonding. In their
initial submission, Complainants are
also requested to identify the remedy
sought and Complainants and OUII are
requested to submit proposed remedial
orders for the Commission’s
consideration. Complainants are further
requested to provide the HTSUS
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Federal Register / Vol. 89, No. 80 / Wednesday, April 24, 2024 / Notices
subheadings under which the accused
products are imported, and to supply
the identification information for all
known importers of the products at
issue in this investigation. The initial
written submissions and proposed
remedial orders must be filed no later
than close of business on May 2, 2024.
Reply submissions must be filed no later
than the close of business on May 9,
2024. No further submissions on these
issues will be permitted unless
otherwise ordered by the Commission.
Persons filing written submissions
must file the original document
electronically on or before the deadlines
stated above. The Commission’s paper
filing requirements in 19 CFR 210.4(f)
are currently waived. 85 FR 15798 (Mar.
19, 2020). Submissions should refer to
the investigation number (‘‘Inv. No.
337–TA–1364’’) in a prominent place on
the cover page and/or the first page. (See
Handbook for Electronic Filing
Procedures, https://www.usitc.gov/
documents/handbook_on_filing_
procedures.pdf). Persons with questions
regarding filing should contact the
Secretary (202–205–2000).
Any person desiring to submit a
document to the Commission in
confidence must request confidential
treatment by marking each document
with a header indicating that the
document contains confidential
information. This marking will be
deemed to satisfy the request procedure
set forth in Rules 201.6(b) and
210.5(e)(2) (19 CFR 201.6(b) &
210.5(e)(2)). Documents for which
confidential treatment by the
Commission is properly sought will be
treated accordingly. Any non-party
wishing to submit comments containing
confidential information must serve
those comments on the parties to the
investigation pursuant to the applicable
Administrative Protective Order. A
redacted non-confidential version of the
document must also be filed
simultaneously with any confidential
filing and must be served in accordance
with Commission Rule 210.4(f)(7)(ii)(A)
(19 CFR 210.4(f)(7)(ii)(A)). All
information, including confidential
business information and documents for
which confidential treatment is properly
sought, submitted to the Commission for
purposes of this investigation may be
disclosed to and used: (i) by the
Commission, its employees and Offices,
and contract personnel (a) for
developing or maintaining the records
of this or a related proceeding, or (b) in
internal investigations, audits, reviews,
and evaluations relating to the
programs, personnel, and operations of
the Commission including under 5
U.S.C. Appendix 3; or (ii) by U.S.
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16:48 Apr 23, 2024
Jkt 262001
government employees and contract
personnel, solely for cybersecurity
purposes. All contract personnel will
sign appropriate nondisclosure
agreements. All nonconfidential written
submissions will be available for public
inspection on EDIS.
The Commission vote for this
determination took place on April 18,
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 18, 2024.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2024–08705 Filed 4–23–24; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–1349]
Components for Certain
Environmentally-Protected LCD Digital
Displays and Products Containing the
Same; Notice of Request for
Submissions on the Public Interest
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
Notice is hereby given that,
on April 16, 2024, the presiding
administrative law judge (‘‘ALJ’’) issued
an Initial Determination on Violation of
section 337. The ALJ also issued a
Recommended Determination on
Remedy and Bond should a violation be
found in the above-captioned
investigation. The Commission is
soliciting submissions on public interest
issues raised by the recommended relief
should the Commission find a violation.
This notice is soliciting comments from
the public and interested government
agencies only.
FOR FURTHER INFORMATION CONTACT:
Joelle P. Justus, Esq., Office of the
General Counsel, U.S. International
Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202)
617–1998. 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
SUMMARY:
PO 00000
Frm 00090
Fmt 4703
Sfmt 4703
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: Section
337 of the Tariff Act of 1930 provides
that, if the Commission finds a
violation, it shall exclude the articles
concerned from the United States
unless, after considering the effect of
such exclusion upon the public health
and welfare, competitive conditions in
the United States economy, the
production of like or directly
competitive articles in the United
States, and United States consumers, it
finds that such articles should not be
excluded from entry. (19 U.S.C.
1337(d)(1)). A similar provision applies
to cease and desist orders. (19 U.S.C.
1337(f)(1)).
The Commission is soliciting
submissions on public interest issues
raised by the recommended relief
should the Commission find a violation,
specifically: a limited exclusion order
directed to components for certain
environmentally-protected LCD digital
displays and products containing the
same that are imported, sold for
importation, and/or sold after
importation by Respondent
Manufacturing Resources International,
Inc. The Recommended Determination
does not recommend issuance of the
requested cease and desist order. Parties
are to file public interest submissions
pursuant to 19 CFR 210.50(a)(4).
The Commission is interested in
further development of the record on
the public interest in this investigation.
Accordingly, members of the public and
interested government agencies are
invited to file submissions of no more
than five (5) pages, inclusive of
attachments, concerning the public
interest in light of the ALJ’s
Recommended Determination on
Remedy and Bond issued in this
investigation on April 16, 2024.
Comments should address whether
issuance of the recommended remedial
order in this investigation would affect
the public health and welfare in the
United States, competitive conditions in
the United States economy, the
production of like or directly
competitive articles in the United
States, or United States consumers.
In particular, the Commission is
interested in comments that:
(i) explain how the articles potentially
subject to the recommended remedial
order are used in the United States;
(ii) identify any public health, safety,
or welfare concerns in the United States
relating to the recommended order;
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Agencies
[Federal Register Volume 89, Number 80 (Wednesday, April 24, 2024)]
[Notices]
[Pages 31214-31216]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-08705]
=======================================================================
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1364]
Certain Blood Flow Restriction Devices With Rotatable Windlasses
and Components Thereof; Notice of a Commission Determination That the
March 19, 2024, Initial Determination (Order No. 23) is an Order and
Recommended Determination Rather Than an Initial Determination; Request
for Written Submissions on Remedy, the Public Interest, and Bonding
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that the U.S. International Trade
Commission (``Commission'') has determined that the March 19, 2024,
initial determination (``ID'') (Order No. 23) issued by the presiding
administrative law judge (``ALJ'') granting a motion to withdraw
Complainants' request for a general exclusion order (``GEO'') in
connection with the asserted trademarks and trade dress and to cancel
the evidentiary hearing is properly issued in the form of an order
rather than an initial determination. Order No. 23 also includes the
ALJ's recommended determination (``RD'') on remedy and bonding, and
thus, 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: Amanda P. Fisherow, Esq., Office of
the General Counsel, U.S. International Trade Commission, 500 E Street
SW, Washington, DC 20436, telephone (202) 205-2737. 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: The Commission instituted this investigation
on May 31, 2023, based on a complaint, as supplemented, filed by
Composite Resources, Inc. of Rock Hill, South Carolina, and North
American Rescue, LLC of Greer, South Carolina (collectively,
``Complainants''). 88 FR 34893-95 (May 31, 2023). The complaint, as
supplemented, alleged violations of section 337 of the Tariff Act of
1930, as amended, 19 U.S.C. 1337, in the importation into the United
States, sale for importation, or sale in the United States after
importation of certain blood flow restriction devices with rotatable
windlasses and components thereof that infringe one or more of: claims
1-17 of U.S. Patent No. 7,842,067 (``the '067 patent''), claims 1-30 of
the U.S. Patent No. 8,888,807 (``the '807 patent''), and claims 1-13 of
the U.S. Patent No. 10,016,203 (``the '203 patent''); United States
Trademark Registration Nos. 3,863,064 and 5,064,378; and trade dress
infringement in violation of Section 43(a) of the Lanham Act (15 U.S.C.
1125) the threat or effect of which is to destroy or substantially
injure an industry in the United States. Id. at 34893-94; see
Complaint, ]] 9-15. The complaint also requested the issuance of a GEO
with respect to all of these allegations.
The Commission's notice of investigation named the following
respondents: (1) Anping Longji Medical Equipment Factory of Hengshui
City, China; Dongguanwin Si Hai Precision Mold Co., Ltd. of Dongguan,
China; Eiffel Medical Supplies Co., Ltd. of Shenzhen, China; Empire
State Distributors Inc. of Brooklyn, New York; EMRN Medical Equipment
of LaSalle, Canada; GD Tianwu New Material Tech Co., Ltd. of Guangzhou,
China; Hengshui Runde Medical Instruments Co., Ltd. of Hengshui City,
China; Putian Dima Trading Co., Ltd. of Putian City, China; Rhino Inc.
of Lewes, Delaware; Shanghai Sixu International Freight Agent Co., Ltd.
Of Shanghai, China; Shenzhen Anben E-Commerce Co., Ltd. of Shenzhen,
China; Shenzhen TMI Medical Supplies Co., Ltd. of Shenzhen, China;
Shenzhen Yujie
[[Page 31215]]
Commercial and Trading Co., Ltd. of Shenzhen, China; Wuxi Emsrun
Technology Co., Ltd. of Wuxi City, China; Wuxi Golden Hour Medical
Technology Co., Ltd. of Wuxi City, China; and Wuxi Puneda Technology
Co., Ltd. of Wuxi City, China (collectively, ``the Defaulting
Respondents''); (2) Chaozhou Jiduo Trading Co., Ltd. of Chaozhou City,
China; Dongguan Hongsui Electronic Commerce, Co., Ltd. of Dongguan
City, China; Fuzhou Meirun Medical Equipment Technology Co., Ltd. of
Fuzhou, China; Henan Eyocean E-Commerce Co., Ltd. of Zhengzhou, China;
Huang Xia of Sangzi Town, China; Jingcai Jiang of Shenzhen, China; Shen
Yi of Shenzhen, China; Shenzhen Janxle E E Commerce Co. of Shenzhen,
China; Shenzhen Smart Medical Co. Ltd. of Shenzhen, China; Sun Minghui
of Shenzhen, China; Xia Guo Long of Dongguan City, China; and Yinping
Yin of Shenzhen, China (collectively, ``the Unserved Respondents'');
and (3) Express Companies, Inc. of Oceanside, California, and SZY
Holdings LLC of Brooklyn, New York (collectively, ``the Participating
Respondents''). Id. The Office of Unfair Import Investigations
(``OUII'') is also a party to this investigation.
The Commission terminated the Participating Respondents based on
the entry of consent orders. See Order No. 7 (Aug. 9, 2023), unreviewed
by Comm'n Notice (Sept. 5, 2023); Order No. 13 (Oct. 3, 2023),
unreviewed by Comm'n Notice (Nov. 2, 2023). The Commission also
terminated the Unserved Respondents based on the withdrawal of the
complaint as to those respondents. See Order No. 10 (Aug. 22, 2023),
unreviewed by Comm'n Notice (Sept. 20, 2023). The Commission also found
the Defaulting Respondents in default. See Order No. 11 (Aug. 29,
2023), unreviewed by Comm'n Notice (Sept. 22, 2023).
On November 1, 2023, Complainants filed a motion to partially
terminate the investigation with respect to the '807 and '203 patents.
On November 2, 2023, the ALJ issued Order No. 14 granting the motion.
Order No. 14 (Nov. 2, 2023), unreviewed by Comm'n Notice (Dec. 4,
2023).
On January 23, 2024, Complainants filed a motion to terminate
claims 2, 3, 5-14, and 17 of the '067 patent. On January 25, 2024, the
ALJ issued Order No. 19 granting the motion. Order No. 19 (Jan. 25,
2024), unreviewed by Comm'n Notice (Feb. 15, 2024). Therefore, only
claims 1, 4, 15, and 16 remained asserted.
On December 22, 2023, Complainants filed a motion for summary
determination on violation of section 337 with regard to the '067
patent, trademarks, and trade dress by those respondents who had been
found in default in this investigation. Complainants later withdrew the
portion of the motion concerning the trademark and trade dress
violations. On February 7, 2024, the ALJ issued Order No. 20, granting
the motion in part with respect to the claims 1, 4, 15, and 16 of the
'067 patent. Order No. 20 (Feb. 7, 2024), unreviewed by Comm'n Notice
(Mar. 6, 2024).
On March 1, 2024, Complainants filed a motion to terminate the
investigation in part based on a withdrawal of its request for a GEO as
to the trademark and trade dress claims and to cancel the hearing.
On March 19, 2024, the ALJ granted the motion and issued the
subject order (Order No. 23) styled as an initial determination. Order
No. 23 also includes the ALJ's RD on remedy and bonding. Specifically,
the RD recommends that the Commission issue a GEO as to claims 1, 4,
15, and 16 of the '067 patent. Order No. 23 at 9-12. The RD further
recommends that a limited exclusion order and a cease and desist order
issue against each of the Defaulting Respondents in connection with the
asserted claims of the '067 patent, as well as the asserted trademarks
and the trade dress. Id. at 13-15. Finally, the RD recommends that the
Commission set the bond at one hundred percent (100%). Id. at 15-16.
Upon review of Commission Rules 210.16, 210.21, and 210.42, 19 CFR
210.16, 210.21, 210.42, the Commission has determined that the ALJ's
March 19, 2024, initial determination (Order No. 23) granting
Complainants' motion to withdraw its request for a GEO as to the
asserted trademark and trade dress claims and to cancel the hearing is
an order rather than an initial determination. Commission Rule 210.42
does not include declaration or withdrawal of the requested remedies
and/or cancellation of the hearing in the list of issues that must be
decided in the form of an initial determination. Nor are such requests
properly the subject of motions for termination of the investigation
under Rule 210.21. Accordingly, the Commission treats Order No. 23 as
an order and an RD on remedy and bonding, not subject to the procedures
and deadlines in Rules 210.42-43, 19 CFR 210.42-43.
In connection with the final disposition of this investigation, the
statute authorizes issuance of, inter alia, (1) an exclusion order that
could result in the exclusion of the subject articles from entry into
the United States; and/or (2) cease and desist orders that could result
in the respondents being required to cease and desist from engaging in
unfair acts in the importation and sale of such articles. Accordingly,
the Commission is interested in receiving written submissions that
address the form of remedy, if any, that should be ordered. If a party
seeks exclusion of an article from entry into the United States for
purposes other than entry for consumption, the party should so indicate
and provide information establishing that activities involving other
types of entry either are adversely affecting it or likely to do so.
For background, see Certain Devices for Connecting Computers via
Telephone Lines, Inv. No. 337-TA-360, USITC Pub. No. 2843, Comm'n Op.
at 7-10 (Dec. 1994).
The statute requires the Commission to consider the effects of that
remedy upon the public interest. The public interest factors the
Commission will consider include the effect that an exclusion order and
cease and desist orders would have on: (1) the public health and
welfare, (2) competitive conditions in the U.S. economy, (3) U.S.
production of articles that are like or directly competitive with those
that are subject to investigation, and (4) U.S. consumers. The
Commission is therefore interested in receiving written submissions
that address the aforementioned public interest factors in the context
of this investigation.
If the Commission orders some form of remedy, the U.S. Trade
Representative, as delegated by the President, has 60 days to approve,
disapprove, or take no action on the Commission's determination. See
Presidential Memorandum of July 21, 2005, 70 FR 43251 (July 26, 2005).
During this period, the subject articles would be entitled to enter the
United States under bond, in an amount determined by the Commission and
prescribed by the Secretary of the Treasury. The Commission is
therefore interested in receiving submissions concerning the amount of
the bond that should be imposed if a remedy is ordered.
Written Submissions: Parties to the investigation, interested
government agencies, and any other interested parties are encouraged to
file written submissions on the issues of remedy, the public interest,
and bonding. In their initial submission, Complainants are also
requested to identify the remedy sought and Complainants and OUII are
requested to submit proposed remedial orders for the Commission's
consideration. Complainants are further requested to provide the HTSUS
[[Page 31216]]
subheadings under which the accused products are imported, and to
supply the identification information for all known importers of the
products at issue in this investigation. The initial written
submissions and proposed remedial orders must be filed no later than
close of business on May 2, 2024. Reply submissions must be filed no
later than the close of business on May 9, 2024. No further submissions
on these issues will be permitted unless otherwise ordered by the
Commission.
Persons filing written submissions must file the original document
electronically on or before the deadlines stated above. The
Commission's paper filing requirements in 19 CFR 210.4(f) are currently
waived. 85 FR 15798 (Mar. 19, 2020). Submissions should refer to the
investigation number (``Inv. No. 337-TA-1364'') in a prominent place on
the cover page and/or the first page. (See Handbook for Electronic
Filing Procedures, https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf). Persons with questions regarding
filing should contact the Secretary (202-205-2000).
Any person desiring to submit a document to the Commission in
confidence must request confidential treatment by marking each document
with a header indicating that the document contains confidential
information. This marking will be deemed to satisfy the request
procedure set forth in Rules 201.6(b) and 210.5(e)(2) (19 CFR 201.6(b)
& 210.5(e)(2)). Documents for which confidential treatment by the
Commission is properly sought will be treated accordingly. Any non-
party wishing to submit comments containing confidential information
must serve those comments on the parties to the investigation pursuant
to the applicable Administrative Protective Order. A redacted non-
confidential version of the document must also be filed simultaneously
with any confidential filing and must be served in accordance with
Commission Rule 210.4(f)(7)(ii)(A) (19 CFR 210.4(f)(7)(ii)(A)). All
information, including confidential business information and documents
for which confidential treatment is properly sought, submitted to the
Commission for purposes of this investigation may be disclosed to and
used: (i) by the Commission, its employees and Offices, and contract
personnel (a) for developing or maintaining the records of this or a
related proceeding, or (b) in internal investigations, audits, reviews,
and evaluations relating to the programs, personnel, and operations of
the Commission including under 5 U.S.C. Appendix 3; or (ii) by U.S.
government employees and contract personnel, solely for cybersecurity
purposes. All contract personnel will sign appropriate nondisclosure
agreements. All nonconfidential written submissions will be available
for public inspection on EDIS.
The Commission vote for this determination took place on April 18,
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 18, 2024.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2024-08705 Filed 4-23-24; 8:45 am]
BILLING CODE 7020-02-P