Certain Surface Cleaning Devices and Components Thereof; Notice of Institution of Investigation, 50369-50370 [2024-12892]
Download as PDF
<![CDATA[
lotter on DSK11XQN23PROD with NOTICES1
Federal Register / Vol. 89, No. 115 / Thursday, June 13, 2024 / Notices
2024); Letter from TCL’s counsel, Yun
Louise Lu, to Secretary at 1 (May 2,
2024).
On May 17, 2024, Realtek filed a
response to the Second Corrected
Petition and motion to limit service
stating that it ‘‘takes no position’’ on
whether the Second Corrected Petition
should be granted because Petitioners
again failed to disclose certain
information required by Commission
Rules 210.76(a)(1) and (a)(3). Realtek
also stated that Petitioners failed to
show good cause to support their
request for limited service of the
confidential versions of the exhibits
attached to the Second Corrected
Petition.
The Commission, having reviewed the
record in this investigation, including
Petitioners’ Second Corrected Petition
and motion for limited service, Realtek’s
response thereto, as well as AMD’s and
TCL’s separate correspondence to the
Secretary requesting confidential
treatment of the business information
contained in Exhibits G, H, and I, has
determined that the Second Corrected
Petition satisfies the requirements of
Commission Rule 210.76(a)(3), 19 CFR
210.76(a)(3). The Commission has
further determined that the conditions
justifying the remedial orders against
TCL no longer exist, and, therefore,
granting the Second Corrected Petition
is warranted under section 337(k), 19
U.S.C. 1337(k), and Commission Rule
210.76(a)(3). Accordingly, the
Commission has determined to institute
modification and rescission proceedings
and to modify the LEO to remove
reference to TCL and rescind in full the
CDOs against TCL based on the
settlement agreement between
Petitioners. The Commission also finds
that Petitioners have shown the
requisite good cause under Commission
Rule 210.76(a)(3) to grant their motion
for limited service of confidential
Exhibits G, H, and I. The Commission
issues a modified LEO and an order
herewith setting forth its
determinations.
The modification and rescission
proceedings are terminated.
The Commission vote for this
determination took place on June 7,
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.
VerDate Sep<11>2014
19:28 Jun 12, 2024
Jkt 262001
Issued: June 7, 2024.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2024–12940 Filed 6–12–24; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–1404]
Certain Surface Cleaning Devices 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
April 23, 2024, under section 337 of the
Tariff Act of 1930, as amended, on
behalf of SharkNinja Operating LLC of
Needham, Massachusetts, Omachron
Alpha Inc. of Canada, and Omachron
Intellectual Property Inc. of Canada. A
supplement to the complaint was filed
on May 9, 2024. An amended complaint
was filed on May 16, 2024, and
supplemented on May 23, 2024. The
amended complaint, as supplemented,
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 surface cleaning
devices and components thereof by
reason of the infringement of certain
claims of U.S. Patent No. 7,776,120
(‘‘the ’120 patent’’); U.S. Patent No.
10,219,661 (‘‘the ’661 patent’’); U.S.
Patent No. 11,903,546 (‘‘the ’546
patent’’); U.S. Patent No. 11,910,983
(‘‘the ’983 patent’’); and U.S. Patent No.
11,910,984 (‘‘the ’984 patent’’). The
amended complaint further alleges that
an industry in the United States exists
or is in the process of being established
as required by the applicable Federal
Statute. The complainants request that
the Commission institute an
investigation and, after the
investigation, issue a limited exclusion
order and cease and desist orders.
ADDRESSES: The amended 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
SUMMARY:
PO 00000
Frm 00117
Fmt 4703
Sfmt 4703
50369
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:
Heidi Yoo, The Office of the Secretary,
Docket Services Division, U.S.
International Trade Commission,
telephone (202) 205–1802.
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 (2024).
Scope of Investigation: Having
considered the amended complaint, the
U.S. International Trade Commission,
on June 7, 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,
7–9, 12, 14, and 15 of the ’120 patent;
claims 1–5, 8–12, 15, and 16 of the ’661
patent; claims 10 and 15 of the ’546
patent; claims 1, 4, 6–8, 12, and 17–19
of the ’983 patent; and claims 1–18 of
the ’984 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
investigation, is ‘‘stick and handheld
vacuum cleaners, along with wands,
cleaner heads, tool kits, and
attachments’’;
(3) 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 complainants are:
SharkNinja Operating LLC, 89 A Street,
Suite 100, Needham, MA 02494
Omachron Alpha Inc., 9 King Lane, P.O.
Box 130, Hampton, ON L0B 1J0,
Canada
Omachron Intellectual Property Inc., 9
King Lane, P.O. Box 130, Hampton,
ON L0B 1J0, Canada
E:\FR\FM\13JNN1.SGM
13JNN1
50370
Federal Register / Vol. 89, No. 115 / Thursday, June 13, 2024 / Notices
(b) The respondents are the following
entities alleged to be in violation of
section 337, and are the parties upon
which the amended complaint is to be
served:
Dyson, Inc., 1330 W Fulton Street, 5th
Floor, Chicago, IL 60607
Dyson Technology Limited, Tetbury
Hill, Malmesbury, Wiltshire, SN16
0RP, United Kingdom
Dyson Canada Limited, 8 Spadina
Avenue, Suite 2200, Toronto, ON
M5V 058, Canada
lotter on DSK11XQN23PROD with NOTICES1
(4) For the investigation so instituted,
the Chief Administrative Law Judge,
U.S. International Trade Commission,
shall designate the presiding
Administrative Law Judge.
The Office of Unfair Import
Investigations will not participate as a
party in this investigation.
Responses to the amended 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
amended complaint and the notice of
investigation. Extensions of time for
submitting responses to the amended
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
amended complaint and in this notice
may be deemed to constitute a waiver of
the right to appear and contest the
allegations of the amended 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 amended 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: June 7, 2024.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2024–12892 Filed 6–12–24; 8:45 am]
BILLING CODE 7020–02–P
VerDate Sep<11>2014
19:28 Jun 12, 2024
Jkt 262001
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–1353]
Certain Pick-Up Truck Folding Bed
Cover Systems and Components
Thereof (III); Notice of a Commission
Determination Not To Review an Initial
Determination Granting Summary
Determination of 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 has determined not to
review an initial determination (‘‘ID’’)
(Order No. 33) issued by the presiding
administrative law judge (‘‘ALJ’’)
granting a motion for summary
determination of violation of section
337. The Commission requests written
submissions from the parties, interested
government agencies, and interested
persons on the issues of remedy, the
public interest, and bonding, under the
schedule set forth below.
FOR FURTHER INFORMATION CONTACT:
Robert J. Needham, Office of the General
Counsel, U.S. International Trade
Commission, 500 E Street SW,
Washington, DC 20436, telephone (202)
708–5468. 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 (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 February 27, 2023, based on a
complaint, as supplemented and
amended, filed by Extang Corporation of
Ann Arbor, Michigan (‘‘Extang’’);
Laurmark Enterprises, Inc. d/b/a BAK
Industries (‘‘BAK’’) of Ann Arbor,
Michigan; and UnderCover, Inc. of
Rogersville, Missouri (together,
‘‘Complainants’’). 88 FR 12422–23 (Feb.
27, 2023). The complaint alleged
violations of section 337 in the
importation into the United States, the
sale for importation, and the sale within
the United States after importation of
SUMMARY:
PO 00000
Frm 00118
Fmt 4703
Sfmt 4703
certain pick-up truck folding bed cover
systems and components thereof by
reason of infringement of certain claims
of U.S. Patent Nos. 7,188,888; 7,484,788
(‘‘the ’788 patent’’); 8,061,758 (‘‘the ’758
patent’’); 7,537,264; 8,182,021;
8,690,224; and 9,815,358. Id. at 12422.
The Commission’s notice of
investigation named 21 respondents: 4
Wheel Parts of Compton, California;
American Trucks of Lenexa, Kansas;
Auto Dynasty a/k/a Shun Fung Int’l Inc.
of City of Industry, California;
AUTOSTARLAND Technology (US),
Inc. of Riverside, California; DNA
Motoring of City of Industry, California;
Fanciest Pickup Accessories of
Riverside, California; Future Trucks a/k/
a Future Trading Company, LLC of
Houston, Texas; Ikon Motorsports, Inc.
of City of Industry, California; Jiaxing
Kscar Auto Accessories Co., Ltd. a/k/a
KSC Auto of Pinghu City, China; Kiko
Kikito of Ruian City, China; Lyon Cover
Auto a/k/a Truck Tonneau Covers of
Wenzhou City, China; Mamoru Cover, a/
k/a Ningbo Surpass Auto Parts Co., Ltd.
of Ningbo City, China; MOSTPLUS Auto
of Hong Kong, China; Newpowa
America, Inc. of Ontario, California;
New Home Materials, Inc. of Riverside,
California; OEDRO of Kent, Washington;
Pickup Zone, a/k/a Dai Qun Feng of
Riverside, California; RDJ Trucks, LLC
of Talmo, Georgia (‘‘RDJ’’); Smittybilt,
Inc. of Compton, California; Trek Power,
Inc. of Placentia, California (‘‘Trek’’);
and Wenzhou Tianmao Automobile
Parts Co., Ltd. of Wenzhou City, China.
Id. The Office of Unfair Import
Investigations (‘‘OUII’’) is participating
in this investigation. Id.
The Commission subsequently
granted leave to amend the complaint
and notice of investigation to change the
names of several respondents. Order No.
9 (May 4, 2023), unreviewed by Notice
(May 30, 2023). Specifically, the
Commission granted leave to change the
names of: (1) respondents 4 Wheel Parts
and Smittybilt, Inc. to TAP Worldwide,
LLC d/b/a 4 Wheel Parts; (2) respondent
MOSTPLUS Auto to Ultimate Motor
Parts Limited; (3) respondent OEDRO to
Hong Kong Yintatech Network Co., Ltd.
a/k/a OEDRO; (4) respondent Ikon
Motorsports, Inc. to Advance Tuning,
LLC d/b/a Ikon Motorsports, Inc.; (5)
respondents AUTOSTARLAND
Technology (US), Inc. and Pickup Zone
a/k/a Dai Qun Feng to Autostarland
Technology (US), Inc. dba Pickup Zone;
(6) respondent Mamoru Cover a/k/a
Ningbo Surpass Auto Parts Co., Ltd. to
Ningbo Surpass Auto Parts Co., Ltd.; (7)
respondent American Trucks to
American Trucks Inc. and Turn 5 d/b/
a American Trucks; (8) respondent Kiko
E:\FR\FM\13JNN1.SGM
13JNN1
]]>Agencies
[Federal Register Volume 89, Number 115 (Thursday, June 13, 2024)]
[Notices]
[Pages 50369-50370]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-12892]
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1404]
Certain Surface Cleaning Devices 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 April 23, 2024, under section
337 of the Tariff Act of 1930, as amended, on behalf of SharkNinja
Operating LLC of Needham, Massachusetts, Omachron Alpha Inc. of Canada,
and Omachron Intellectual Property Inc. of Canada. A supplement to the
complaint was filed on May 9, 2024. An amended complaint was filed on
May 16, 2024, and supplemented on May 23, 2024. The amended complaint,
as supplemented, 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 surface
cleaning devices and components thereof by reason of the infringement
of certain claims of U.S. Patent No. 7,776,120 (``the '120 patent'');
U.S. Patent No. 10,219,661 (``the '661 patent''); U.S. Patent No.
11,903,546 (``the '546 patent''); U.S. Patent No. 11,910,983 (``the
'983 patent''); and U.S. Patent No. 11,910,984 (``the '984 patent'').
The amended complaint further alleges that an industry in the United
States exists or is in the process of being established as required by
the applicable Federal Statute. The complainants request that the
Commission institute an investigation and, after the investigation,
issue a limited exclusion order and cease and desist orders.
ADDRESSES: The amended 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: Heidi Yoo, The Office of the
Secretary, Docket Services Division, U.S. International Trade
Commission, telephone (202) 205-1802.
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 (2024).
Scope of Investigation: Having considered the amended complaint,
the U.S. International Trade Commission, on June 7, 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, 7-9, 12, 14, and 15 of the '120 patent; claims 1-5, 8-12, 15,
and 16 of the '661 patent; claims 10 and 15 of the '546 patent; claims
1, 4, 6-8, 12, and 17-19 of the '983 patent; and claims 1-18 of the
'984 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 investigation, is ``stick and handheld
vacuum cleaners, along with wands, cleaner heads, tool kits, and
attachments'';
(3) 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 complainants are:
SharkNinja Operating LLC, 89 A Street, Suite 100, Needham, MA 02494
Omachron Alpha Inc., 9 King Lane, P.O. Box 130, Hampton, ON L0B 1J0,
Canada
Omachron Intellectual Property Inc., 9 King Lane, P.O. Box 130,
Hampton, ON L0B 1J0, Canada
[[Page 50370]]
(b) The respondents are the following entities alleged to be in
violation of section 337, and are the parties upon which the amended
complaint is to be served:
Dyson, Inc., 1330 W Fulton Street, 5th Floor, Chicago, IL 60607
Dyson Technology Limited, Tetbury Hill, Malmesbury, Wiltshire, SN16
0RP, United Kingdom
Dyson Canada Limited, 8 Spadina Avenue, Suite 2200, Toronto, ON M5V
058, Canada
(4) For the investigation so instituted, the Chief Administrative
Law Judge, U.S. International Trade Commission, shall designate the
presiding Administrative Law Judge.
The Office of Unfair Import Investigations will not participate as
a party in this investigation.
Responses to the amended 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 amended complaint and the notice of
investigation. Extensions of time for submitting responses to the
amended 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 amended complaint and in this notice may be deemed to
constitute a waiver of the right to appear and contest the allegations
of the amended 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 amended
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: June 7, 2024.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2024-12892 Filed 6-12-24; 8:45 am]
BILLING CODE 7020-02-P
