Certain Self-Balancing Electric Skateboards and Components Thereof; Notice of Issuance of a Limited Exclusion Order Against the Respondent Found in Default; Termination of Investigation, 53442-53443 [2024-13968]

Download as PDF ddrumheller on DSK120RN23PROD with NOTICES1 53442 Federal Register / Vol. 89, No. 123 / Wednesday, June 26, 2024 / Notices 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 (https:// www.usitc.gov). The public record for these investigations may be viewed on the Commission’s electronic docket (EDIS) at https://edis.usitc.gov. SUPPLEMENTARY INFORMATION: Background.—These investigations are being instituted, pursuant to sections 703(a) and 733(a) of the Act (19 U.S.C. 1671b(a) and 1673b(a)), in response to a petition filed on June 20, 2024, by Webb Wheel Products, Inc., Cullman, Alabama. For further information concerning the conduct of these investigations and rules of general application, consult the Commission’s Rules of Practice and Procedure, part 201, subparts A and B (19 CFR part 201), and part 207, subparts A and B (19 CFR part 207). Participation in the investigations and public service list.—Persons (other than petitioners) wishing to participate in the investigations as parties must file an entry of appearance with the Secretary to the Commission, as provided in §§ 201.11 and 207.10 of the Commission’s rules, not later than seven days after publication of this notice in the Federal Register. Industrial users and (if the merchandise under investigation is sold at the retail level) representative consumer organizations have the right to appear as parties in Commission antidumping duty and countervailing duty investigations. The Secretary will prepare a public service list containing the names and addresses of all persons, or their representatives, who are parties to these investigations upon the expiration of the period for filing entries of appearance. Limited disclosure of business proprietary information (BPI) under an administrative protective order (APO) and BPI service list.—Pursuant to § 207.7(a) of the Commission’s rules, the Secretary will make BPI gathered in these investigations available to authorized applicants representing interested parties (as defined in 19 U.S.C. 1677(9)) who are parties to the investigations under the APO issued in the investigations, provided that the application is made not later than seven days after the publication of this notice in the Federal Register. A separate service list will be maintained by the Secretary for those parties authorized to receive BPI under the APO. VerDate Sep<11>2014 18:15 Jun 25, 2024 Jkt 262001 Conference.—The Office of Investigations will hold a staff conference in connection with the preliminary phase of these investigations beginning at 9:30 a.m. on July 11, 2024. Requests to appear at the conference should be emailed to preliminaryconferences@usitc.gov (DO NOT FILE ON EDIS) on or before 5:15 p.m. on July 9, 2024. Please provide an email address for each conference participant in the email. Information on conference procedures, format, and participation, including guidance for requests to appear as a witness via videoconference, will be available on the Commission’s Public Calendar (Calendar (USITC) | United States International Trade Commission). A nonparty who has testimony that may aid the Commission’s deliberations may request permission to participate by submitting a short statement. Please note the Secretary’s Office will accept only electronic filings during this time. Filings must be made through the Commission’s Electronic Document Information System (EDIS, https:// edis.usitc.gov). No in-person paperbased filings or paper copies of any electronic filings will be accepted until further notice. Written submissions.—As provided in §§ 201.8 and 207.15 of the Commission’s rules, any person may submit to the Commission on or before 5:15 p.m. on July 16, 2024, a written brief containing information and arguments pertinent to the subject matter of the investigations. Parties shall file written testimony and supplementary material in connection with their presentation at the conference no later than noon on July 10, 2024. All written submissions must conform with the provisions of § 201.8 of the Commission’s rules; any submissions that contain BPI must also conform with the requirements of §§ 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. In accordance with §§ 201.16(c) and 207.3 of the rules, each document filed by a party to the investigations must be served on all other parties to the investigations (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. Certification.—Pursuant to § 207.3 of the Commission’s rules, any person PO 00000 Frm 00061 Fmt 4703 Sfmt 4703 submitting information to the Commission in connection with these investigations must certify that the information is accurate and complete to the best of the submitter’s knowledge. In making the certification, the submitter will acknowledge that any information that it submits to the Commission during these investigations 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 these or related investigations or reviews, 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. Authority: These investigations are being conducted under authority of title VII of the Tariff Act of 1930; this notice is published pursuant to § 207.12 of the Commission’s rules. By order of the Commission. Issued: June 20, 2024. Lisa Barton, Secretary to the Commission. [FR Doc. 2024–13969 Filed 6–25–24; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–1386] Certain Self-Balancing Electric Skateboards and Components Thereof; Notice of Issuance of a Limited Exclusion Order Against the Respondent Found in Default; Termination of Investigation International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that the U.S. International Trade Commission has issued a limited exclusion order (‘‘LEO’’) against certain self-balancing electric skateboards and components thereof of respondent Floatwheel of Guilin City, GuangXi Province, China (‘‘Floatwheel,’’ or Respondent). The investigation is terminated. FOR FURTHER INFORMATION CONTACT: Michael Liberman, 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 SUMMARY: E:\FR\FM\26JNN1.SGM 26JNN1 Federal Register / Vol. 89, No. 123 / Wednesday, June 26, 2024 / Notices 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, telephone (202) 205–1810. On January 16, 2024, the Commission instituted this investigation based on a complaint filed by Future Motion, Inc. of Santa Cruz, California (‘‘Future Motion,’’ or ‘‘Complainant’’). 89 FR 2644–45 (Jan. 16, 2024). The complaint alleged 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, the sale for importation, or sale within the United States after importation of certain selfbalancing electric skateboards and components thereof by reason of infringement of one or more of claims 1, 2, 4–6, 8–10, 13–15, and 17–19 of U.S. Patent No. 9,400,505 (‘‘the ’505 patent’’). Id. at 2644. The Commission’s notice of investigation named as respondents Floatwheel; Changzhou Smilo Motors Co., Ltd. of Changzhou, Jiangsu Province, China (’’Smilo’’); Changzhou Gaea Technology Co., Ltd. of Changzhou, Jiangsu, China (‘‘Gaea’’); and Shanghai Loyal Industry Co., Ltd., d/b/a ‘‘SoverSky’’ of Shanghai, China (‘‘SoverSky’’). Id. at 2645. The Office of Unfair Import Investigations was also named as a party in this investigation. Id. On March 12, 2024, Complainant moved to withdraw its complaint and terminate this investigation with respect to respondents Smilo, Gaea, and SoverSky. Motion Docket No. 1386–06 (EDIS Doc. ID 815981). On March 13, 2024, the ALJ granted the unopposed motion. Order No. 13 (Mar. 13, 2024); unreviewed by Notice (April 12, 2024). The complaint and notice of investigation were served on Floatwheel on January 17, 2024. See Order No. 8 at 5 (Feb. 6, 2024). Floatwheel failed to respond to the complaint and notice of investigation. On February 23, 2024, the presiding ALJ issued Order No. 10, ordering, inter alia, Floatwheel to show cause why it should not be found in default and why judgment should not be rendered against it for failing to respond to the complaint and notice of investigation. ddrumheller on DSK120RN23PROD with NOTICES1 SUPPLEMENTARY INFORMATION: VerDate Sep<11>2014 18:15 Jun 25, 2024 Jkt 262001 No response was filed to the show cause order. On March 13, 2024, the ALJ issued an ID (Order No. 15) finding Floatwheel in default under Commission Rule 210.16 (19 CFR 210.16). On April 12, 2024, the Commission determined not to review and issued a Federal Register Notice to that effect. 89 FR 27450–27451 (Apr. 17, 2024). The Commission also requested briefing from the parties and the public on the issues of remedy, the public interest, and bonding. Id. at 42938. The Commission has determined that the appropriate form of relief in this investigation is an LEO prohibiting the unlicensed entry of self-balancing electric skateboards and components thereof by reason of the infringement of one or more of claims 1, 2, 4–6, 8–10, 13–15, and 17–19 of the ’505 patent and that are manufactured abroad by or on behalf of, or imported by or on behalf of, Respondent. The Commission has further determined that the public interest factors enumerated in section 337(g)(l) (19 U.S.C. 1337(g)(l)) do not preclude issuance of the LEO. The Commission has determined that the bond for importation during the period of Presidential review shall be in the amount of one hundred percent (100%) of the entered value of the imported subject articles of Respondent.1 The Commission’s order was delivered to the President and the United States Trade Representative on the day of the issuance. 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: June 20, 2024. Lisa Barton, Secretary to the Commission. [FR Doc. 2024–13968 Filed 6–25–24; 8:45 am] BILLING CODE 7020–02–P 1 Chairman Schmidtlein finds that section 337 does not authorize respondents subject to remedial relief under subsection 337(g)(1) to import infringing products under bond during the Presidential review period for the reasons explained in Certain Centrifuge Utility Platform and Falling Film Evaporator Systems and Components Thereof, Inv. No. 337–TA–1311, Comm’n Notice at 5, n.5 (March 23, 2023). She therefore would not permit Floatwheel to import infringing products under bond during the Presidential review period. PO 00000 Frm 00062 Fmt 4703 Sfmt 4703 53443 INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–1334 (Enforcement)] Certain Raised Garden Beds and Components Thereof; Notice of Institution of Formal Enforcement 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 formal enforcement proceeding relating to the limited exclusion order (‘‘LEO’’) and cease and desist order (‘‘CDO’’) issued on March 21, 2024, in the abovereferenced investigation. FOR FURTHER INFORMATION CONTACT: Edward S. Jou, Esq., Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW, 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 the underlying investigation on October 19, 2022, based on an amended complaint filed by Vego Garden, Inc. of Houston, Texas (‘‘Vego Garden’’). 87 FR 63527–28 (Oct. 19, 2022). The Commission determined to investigate alleged 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, and the name of one of the respondents was corrected by amendment. See 88 FR 2637–38 (Jan. 17, 2023). The five named respondents, as amended, were: Huizhou Green Giant Technology Co., Ltd. (‘‘Green Giant’’) of Guangdong, SUMMARY: E:\FR\FM\26JNN1.SGM 26JNN1

Agencies

INTERNATIONAL TRADE COMMISSION

[Federal Register Volume 89, Number 123 (Wednesday, June 26, 2024)]
[Notices]
[Pages 53442-53443]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-13968]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1386]


Certain Self-Balancing Electric Skateboards and Components 
Thereof; Notice of Issuance of a Limited Exclusion Order Against the 
Respondent Found in Default; Termination of Investigation

AGENCY: International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has issued a limited exclusion order (``LEO'') against 
certain self-balancing electric skateboards and components thereof of 
respondent Floatwheel of Guilin City, GuangXi Province, China 
(``Floatwheel,'' or Respondent). The investigation is terminated.

FOR FURTHER INFORMATION CONTACT: Michael Liberman, 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

[[Page 53443]]

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, telephone (202) 205-1810.

SUPPLEMENTARY INFORMATION: On January 16, 2024, the Commission 
instituted this investigation based on a complaint filed by Future 
Motion, Inc. of Santa Cruz, California (``Future Motion,'' or 
``Complainant''). 89 FR 2644-45 (Jan. 16, 2024). The complaint alleged 
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, the 
sale for importation, or sale within the United States after 
importation of certain self-balancing electric skateboards and 
components thereof by reason of infringement of one or more of claims 
1, 2, 4-6, 8-10, 13-15, and 17-19 of U.S. Patent No. 9,400,505 (``the 
'505 patent''). Id. at 2644. The Commission's notice of investigation 
named as respondents Floatwheel; Changzhou Smilo Motors Co., Ltd. of 
Changzhou, Jiangsu Province, China (''Smilo''); Changzhou Gaea 
Technology Co., Ltd. of Changzhou, Jiangsu, China (``Gaea''); and 
Shanghai Loyal Industry Co., Ltd., d/b/a ``SoverSky'' of Shanghai, 
China (``SoverSky''). Id. at 2645. The Office of Unfair Import 
Investigations was also named as a party in this investigation. Id.
    On March 12, 2024, Complainant moved to withdraw its complaint and 
terminate this investigation with respect to respondents Smilo, Gaea, 
and SoverSky. Motion Docket No. 1386-06 (EDIS Doc. ID 815981). On March 
13, 2024, the ALJ granted the unopposed motion. Order No. 13 (Mar. 13, 
2024); unreviewed by Notice (April 12, 2024).
    The complaint and notice of investigation were served on Floatwheel 
on January 17, 2024. See Order No. 8 at 5 (Feb. 6, 2024). Floatwheel 
failed to respond to the complaint and notice of investigation.
    On February 23, 2024, the presiding ALJ issued Order No. 10, 
ordering, inter alia, Floatwheel to show cause why it should not be 
found in default and why judgment should not be rendered against it for 
failing to respond to the complaint and notice of investigation. No 
response was filed to the show cause order.
    On March 13, 2024, the ALJ issued an ID (Order No. 15) finding 
Floatwheel in default under Commission Rule 210.16 (19 CFR 210.16). On 
April 12, 2024, the Commission determined not to review and issued a 
Federal Register Notice to that effect. 89 FR 27450-27451 (Apr. 17, 
2024). The Commission also requested briefing from the parties and the 
public on the issues of remedy, the public interest, and bonding. Id. 
at 42938.
    The Commission has determined that the appropriate form of relief 
in this investigation is an LEO prohibiting the unlicensed entry of 
self-balancing electric skateboards and components thereof by reason of 
the infringement of one or more of claims 1, 2, 4-6, 8-10, 13-15, and 
17-19 of the '505 patent and that are manufactured abroad by or on 
behalf of, or imported by or on behalf of, Respondent. The Commission 
has further determined that the public interest factors enumerated in 
section 337(g)(l) (19 U.S.C. 1337(g)(l)) do not preclude issuance of 
the LEO. The Commission has determined that the bond for importation 
during the period of Presidential review shall be in the amount of one 
hundred percent (100%) of the entered value of the imported subject 
articles of Respondent.\1\ The Commission's order was delivered to the 
President and the United States Trade Representative on the day of the 
issuance.
---------------------------------------------------------------------------

    \1\ Chairman Schmidtlein finds that section 337 does not 
authorize respondents subject to remedial relief under subsection 
337(g)(1) to import infringing products under bond during the 
Presidential review period for the reasons explained in Certain 
Centrifuge Utility Platform and Falling Film Evaporator Systems and 
Components Thereof, Inv. No. 337-TA-1311, Comm'n Notice at 5, n.5 
(March 23, 2023). She therefore would not permit Floatwheel to 
import infringing products under bond during the Presidential review 
period.
---------------------------------------------------------------------------

    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: June 20, 2024.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2024-13968 Filed 6-25-24; 8:45 am]
BILLING CODE 7020-02-P

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