Certain Photovoltaic Connectors and Components Thereof; Notice of a Commission Determination To Review in Part a Final Initial Determination; Request for Written Submissions on the Issues Under Review and on Remedy, the Public Interest, and Bonding; Extension of Target Date, 91424-91427 [2024-26885]
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the preliminary phase of the
investigations need not file an
additional notice of appearance during
this final phase. The Secretary will
maintain a public service list containing
the names and addresses of all persons,
or their representatives, who are parties
to the investigations.
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.
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 the
final phase of these investigations
available to authorized applicants under
the APO issued in the investigations,
provided that the application is made
no later than 21 days prior to the
hearing date specified in this notice.
Authorized applicants must represent
interested parties, as defined by 19
U.S.C. 1677(9), who are parties to the
investigations. A party granted access to
BPI in the preliminary phase of the
investigations 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 the final phase of these
investigations will be placed in the
nonpublic record on March 11, 2025,
and a public version will be issued
thereafter, pursuant to § 207.22 of the
Commission’s rules.
Hearing.—The Commission will hold
a hearing in connection with the final
phase of these investigations beginning
at 9:30 a.m. on Tuesday, March 25,
2025. Requests to appear at the hearing
should be filed in writing with the
Secretary to the Commission on or
before Wednesday, March 19, 2025. Any
requests to appear as a witness via
videoconference must be included with
your request to appear. Requests to
appear via videoconference must
include a statement explaining why the
witness cannot appear in person; the
Chairman, or other person designated to
conduct the investigation, may in their
discretion for good cause shown, grant
such a request. Requests to appear as
remote witness due to illness or a
positive COVID–19 test result may be
submitted by 3pm the business day
prior to the hearing. Further information
about participation in the hearing will
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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
short statement at the hearing. All
parties and nonparties desiring to
appear at the hearing and make oral
presentations should attend a
prehearing conference, if deemed
necessary, to be held at 9:30 a.m. on
Friday, March 21, 2025. Parties shall file
and serve written testimony and
presentation slides in connection with
their presentation at the hearing by no
later than noon on March 24, 2025. 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
who is an interested party shall submit
a prehearing brief to the Commission.
Prehearing briefs must conform with the
provisions of § 207.23 of the
Commission’s rules; the deadline for
filing is March 18, 2025. Parties shall
also file written testimony in connection
with their presentation at the hearing,
and posthearing briefs, which must
conform with the provisions of section
207.25 of the Commission’s rules. The
deadline for filing posthearing briefs is
April 1, 2025. In addition, any person
who has not entered an appearance as
a party to the investigations may submit
a written statement of information
pertinent to the subject of the
investigations, including statements of
support or opposition to the petition, on
or before April 1, 2025. On April 16,
2025, 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 April 18, 2025, but such final
comments must not contain new factual
information and must otherwise comply
with § 207.30 of the Commission’s rules.
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.
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Additional written submissions to the
Commission, including requests
pursuant to § 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 §§ 201.16(c) and
207.3 of the Commission’s 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.
Authority: These investigations are
being conducted under authority of title
VII of the Tariff Act of 1930; this notice
is published pursuant to § 207.21 of the
Commission’s rules.
By order of the Commission.
Issued: November 13, 2024.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2024–26884 Filed 11–18–24; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–1365]
Certain Photovoltaic Connectors and
Components Thereof; Notice of a
Commission Determination To Review
in Part a Final Initial Determination;
Request for Written Submissions on
the Issues Under Review and on
Remedy, the Public Interest, and
Bonding; Extension of Target Date
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
Notice is hereby given that
the U.S. International Trade
Commission has determined to review
in part a final initial determination
(‘‘FID’’) issued by the presiding
administrative law judge (‘‘ALJ’’). The
Commission requests written
submissions from the parties on the
issues under review and 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.
DATES: The Commission has determined
to extend the target date for this
investigation to January 15, 2025.
FOR FURTHER INFORMATION CONTACT: Paul
Lall, Office of the General Counsel, U.S.
SUMMARY:
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International Trade Commission, 500 E
Street SW, Washington, DC 20436,
telephone (202) 205–2043. 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, telephone (202) 205–1810.
SUPPLEMENTARY INFORMATION: On June 9,
2023, the Commission instituted this
investigation based on a complaint filed
on behalf of Shoals Technologies Group,
LLC (‘‘Shoals Technologies’’) of
Portland, Tennessee. 88 FR 37905–06
(June 9, 2023). The complaint alleges
violations of section 337 of the Tariff
Act of 1930, as amended, 19 U.S.C. 1337
(‘‘section 337’’), based upon the
importation into the United States, the
sale for importation, or sale within the
United States after importation of
certain photovoltaic connectors and
components thereof by reason of
infringement of certain claims of U.S.
Patent Nos. 10,553,739 (‘‘the ’739
patent’’) and 10,992,254 (‘‘the ’254
patent’’). The Commission’s notice of
investigation (‘‘NOI’’) named the
following eight respondents: (1) Hikam
America, Inc. of Chula Vista, California;
(2) Hikam Electrónica de México, S.A.
de C.V. of Mexicali, Mexico; (3) Hikam
Tecnologia de Sinaloa of Guasave,
Mexico; (4) Hewtech Philippines Corp.
of Laguna, Philippines; (5) Hewtech
Philippines Electronics Corp. of
Pampanga, Philippines; (6) Hewtech
(Shenzhen) Electronics Co., Ltd. of
Shenzhen, China (collectively the
‘‘Hikam Respondents’’); (7) Voltage, LLC
(‘‘Voltage’’) of Chapel Hill, North
Carolina; and (8) Ningbo Voltage Smart
Production Co. (‘‘Ningbo Voltage’’) of
Ningbo, China (collectively
‘‘Respondents’’). Id. The Office of Unfair
Import Investigations (‘‘OUII’’) was also
named as a party in this investigation.
Id. at 37906.
On August 15, 2023, the Commission
amended the complaint and NOI to add
allegations of infringement against
Voltage related to certain claims of U.S.
Patent No. 11,689,153 (‘‘the ’153
patent’’). See Order No. 5 (Jul. 18, 2023),
unreviewed by 88 FR 56882–83 (Aug.
21, 2023).
The presiding ALJ held a Markman
hearing on December 13, 2023, and on
February 20, 2024, issued an order
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addressing claim construction for the
’739, ’254, and ’153 patents. See Order
No. 16 (Feb. 20, 2024) (‘‘Markman
Order’’). On February 28, 2024, Shoals
filed a motion for reconsideration of the
Markman Order’s construction of the
term ‘‘engaged with’’ in claims 1 and 10
of the ’739 patent. On March 4 and 5,
2024, Respondents and OUII filed
oppositions to the motion, respectively.
On March 11, 2024, the Commission
terminated the following claims from
the investigation based on Shoals’
withdrawal of the complaint as to those
claims: claims 2, 3, 6, 8, 9, 11, 12, and
15–18 of the ’739 patent, claims 2–4, 8–
12, 14, and 15 of the ’254 patent, and
claims 2, 3, 6, and 15–17 of the ’153
patent. See Order No. 15 (Feb. 9, 2024),
unreviewed by Comm’n Notice (March
11, 2024).
On March 25, 2024, the Commission
terminated the ’254 patent from this
investigation based on Shoals’
withdrawal of the complaint as to that
patent. See Order No. 19 (Feb. 28, 2024),
unreviewed by Comm’n Notice (March
26, 2024).
On April 19, 2024, the Commission
determined not to review the ALJ’s grant
of summary determination that Shoals
has not satisfied the technical prong of
the domestic industry requirement for
the ’739 Patent and, thus, found no
violation as to the ’739 patent. Order
No. 20 (March 6, 2024), unreviewed by
Comm’n Notice (Apr. 19, 2024). In
Order No. 20, the ALJ also denied
Shoals’ motion for reconsideration of
the Markman Order. Id. Only the ’739
patent was asserted against the Hikam
Respondents. See Comm’n Notice (Apr.
19, 2024); Am. Compl. at 66.
Accordingly, the Hikam Respondent
were effectively terminated from the
investigation as of the termination of the
’739 patent. On June 18, 2024, Shoals
filed a notice of appeal with the U.S.
Court of Appeals for the Federal Circuit
appealing the Commission’s finding of
no violation as to the ’739 patent. See
Case No. 24–1991, Notice of Docketing
(Fed. Cir. June 24, 2024).
On April 26, 2024, the Commission
terminated this investigation with
respect to asserted claim 8 of the ’153
patent based on Shoals’ withdrawal of
the complaint as to that claim. See
Order No. 29 (April 2, 2024),
unreviewed by Comm’n Notice (Apr. 26,
2024).
The ALJ held an evidentiary hearing
on March 18–22, 2024. As of the
hearing, Shoals asserted claims 1, 11–
14, 18, 21, 23, and 24 of the ’153 patent
against the accused Voltage Trunk Bus,
and Voltage sought adjudication of the
Voltage Alternative Design [‘‘AD’’]
Trunk Bus with respect to and claims 21
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91425
and 24 of the ’153 patent. Shoals also
asserted that its domestic industry
product practices claims 1 and 21 of the
’153 patent for purposes of the domestic
industry requirement.
On August 30, 2024, the presiding
ALJ issued the FID, finding that there
has been a violation of section 337 in
the importation into the United States,
the sale for importation, and/or the sale
in the United States after importation of
certain photovoltaic connectors and
components thereof with respect to
certain claims of the ’153 patent.
Specifically, the FID finds as to the ’153
patent that: (1) the Voltage Trunk Bus
and Voltage AD Trunk Bus have been
imported into the United States, sold for
importation, and/or sold within the
United States after importation; (2) the
Voltage Trunk Bus satisfies claims 1,
11–14, and 18; (3) the Voltage Trunk
Bus does not satisfy claims 21, 23, and
24; (4) the Voltage AD Trunk Bus does
not satisfy claims 1, 11–14, 18, 21, 23,
and 24; (5) Shoals has satisfied the
technical prong of the domestic industry
requirement; (6) Shoals has satisfied the
economic prong of the domestic
industry requirement; and (7) Voltage
has not shown that claims 1, 11–14, 18,
21, 23, and 24 are invalid.
On September 13, 2024, the presiding
ALJ issued a Recommended
Determination on Remedy and Bonding
(‘‘RD’’). The RD recommends that the
Commission issue a limited exclusion
order in the event it finds a violation of
section 337 and impose a bond of 100
percent during the period of
Presidential Review.
On October 15 and 16, 2024, Shoals
and Voltage, respectively, filed a
statement on the public interest
pursuant to Commission Rule
210.50(a)(4), 19 CFR 210.50(a)(4). On
October 2 and October 15, 2024,
American Wire Group of Miami, Fla.
and Strata Clean Energy of Durham,
N.C. respectively filed statements on the
public interest in response to the
Commission’s Federal Register notice.
See 89 FR 76869–70 (Sept. 19, 2024).
On September 16, 2024, Shoals filed
a petition for review of the FID. In its
petition, Shoals Technologies argued
that the ALJ should not have considered
respondents’ redesign product, the
Voltage AD Trunk Bus, as being within
the scope of the investigation.
On the same day, Respondents also
filed a petition for review of several of
the FID’s findings, including: (1) the
FID’s construction of the term ‘‘aperture,
recited in the asserted claims of the ’153
patent’’ as defined by the ‘‘Modified
Cable Test’’; (2) the FID’s finding that
the asserted claims of the ’153 patent are
not invalid for lack of written
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description and/or indefiniteness; (3)
the FID’s finding that Shoals has a
domestic industry with respect to an
article protected by the ’153 patent; and
(4) the ALJ’s determination to exclude
the testimony of their invalidity expert.
Also on the same day, OUII filed a
petition for review of the FID, seeking
review of several of the FID’s findings,
including: (1) the FID’s construction of
the three ‘‘aperture’’ terms recited in the
asserted claims of the ‘153 patent; (2)
the FID’s finding that Shoals’ asserted
domestic industry products satisfy the
technical prong of the domestic industry
requirement; and (3) the ALJ’s
determination to exclude the testimony
of Respondents’ invalidity expert.
On September 24, 2024, Shoals,
Voltage and OUII each filed responses to
the respective petitions for review. On
October 4, 2024, Voltage filed a notice
of supplemental authority and on
October 7, 2024, Shoals filed a response.
Having reviewed the record of the
investigation, including the FID, the
parties’ petitions for review and related
submissions, the Commission has
determined to review the FID’s: (1)
construction of the ‘‘aperture’’ terms
recited in the asserted claims of the ’153
Patent; (2) finding that the accused
products infringe the asserted claims of
the ’153 patent; (3) finding that the
asserted claims of the ’153 patent are
not invalid under 35 U.S.C. 112 for lack
of written description and/or
indefiniteness; and (4) finding that
Shoals’ domestic industry products
satisfy the domestic industry
requirement of section 337, including
the FID’s findings concerning the
technical prong and the economic
prong.
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
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17:42 Nov 18, 2024
Jkt 265001
Pub. No. 2843, Comm’n Op. at 7–10
(Dec. 1994). In connection with these
findings, the Commission requests
responses from the parties to the
following questions:
(1) Please identify whether and where
in the record Shoals presented
arguments with supporting evidence
that the accused products infringe any
asserted claim of the ’153 patent under
OUII’s proposed construction of the
‘‘aperture’’ terms.
(2) Please identify whether and where
in the record Shoals presented
arguments with supporting evidence
that its domestic industry products
satisfy the technical prong of the
domestic industry requirement of
section 337 under OUII’s proposed
construction of the ‘‘aperture’’ terms.
The parties are invited to brief only
the discrete issues requested above. The
parties are not to brief other issues on
review, which are adequately presented
in the parties’ existing filings.
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: The parties are
requested to file written submissions on
the questions identified in this notice.
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. Such submissions should
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address the recommended
determination by the ALJ on remedy
and bonding.
In its initial submission, Complainant
is also requested to identify the remedy
sought and Complainant and OUII are
requested to submit proposed remedial
orders for the Commission’s
consideration. Complainant is further
requested to state the dates that the
Asserted Patents expire, to provide the
HTSUS 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 must be filed no
later than close of business on
November 27, 2024. Reply submissions
must be filed no later than the close of
business on December 5, 2024. No
further submissions on these issues will
be permitted unless otherwise ordered
by the Commission. Opening
submissions are limited to 50 pages.
Reply submissions are limited to 25
pages. No further submissions on any of
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–1365’’) 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 with the
Commission and served on any parties
to the investigation within two business
days of any confidential filing. All
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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 has determined to
extend the target date for this
investigation to January 15, 2025.
The Commission’s vote on this
determination took place on November
13, 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: November 13, 2024.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2024–26885 Filed 11–18–24; 8:45 am]
BILLING CODE P
DEPARTMENT OF JUSTICE
[OMB 1140–0071]
Agency Information Collection
Activities; Proposed eCollection
eComments Requested; Revision of a
Previously Approved Collection;
Notification to Fire Safety Authority of
Storage of Explosive Materials
Bureau of Alcohol, Tobacco,
Firearms and Explosives, Department of
Justice.
ACTION: 60-Day notice.
AGENCY:
The Department of Justice
(DOJ), The Bureau of Alcohol, Tobacco,
Firearms and Explosives (ATF), will be
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SUMMARY:
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17:42 Nov 18, 2024
Jkt 265001
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.
DATES: Comments are encouraged and
will be accepted for 60 days until
January 21, 2025.
FOR FURTHER INFORMATION CONTACT: If
you have additional 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, contact: John
Basile, EIPB, either by mail at Bureau of
Alcohol, Tobacco, Firearms, and
Explosives; 99 New York Ave. NE;
Washington, DC 20226, by email at
EIPB@atf.gov/john.basile@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 Bureau of Justice
Statistics, 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;
—Evaluate whether and if so how the
quality, utility, and clarity of the
information to be collected can be
enhanced; and
—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.
Abstract: The information collection
is necessary for the safety of emergency
response personnel responding to fires
at sites where explosives are stored.
Information Collection (IC) OMB 1140–
0071 is being revised to update the
overall public burden, which includes
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91427
the monetized value of the hour burden
per response, an increase of respondents
from 975 to 10,000, and increased
postage cost from 49 cents to 73 cents.
Together, these changes resulted in an
increase in annual burden hours from
488 to 5,000, an annual monetized value
of the hour burden increase to $223,950,
and an annual increase in postage costs
from $359 to $1,825.
Overview of This Information
Collection
1. Type of Information Collection:
Revision of a previously approved
collection.
2. The Title of the Form/Collection:
Notification to Fire Safety Authority of
Storage of Explosive Materials.
3. The agency form number, if any,
and the applicable component of the
Department sponsoring the collection:
Form number: None.
Component: Bureau of Alcohol,
Tobacco, Firearms and Explosives, U.S.
Department of Justice.
4. Affected public who will be asked
or required to respond, as well as the
obligation to respond: Affected Public:
State, local and tribal governments,
farms, individuals or households,
Private Sector-for or not for profit
institutions. The obligation to respond
is mandatory per 27 CFR 555.201, 18
U.S.C. 842 (j), and 18 U.S.C. 846.
5. An estimate of the total number of
respondents and the amount of time
estimated for an average respondent to
respond: An estimated 10,000
respondents will respond to this
collection once annually, and it will
take each respondent approximately 30
minutes to complete their responses.
6. An estimate of the total annual
burden (in hours) associated with the
collection: The estimated annual public
burden associated with this collection is
5,000, which is equal to 10,000 (total
respondents) * 1 (# of response per
respondent) * 0.5 (30 minutes).
7. An estimate of the total annual cost
burden associated with the collection, if
applicable: The total annual monetized
value of the time burden associated with
this collection is $223,950 (10,000 total
responses * $22.395 cost per response).
Over the three-year renewal period for
this ICR, the monetized value of the
time burden (due to annual notices)
would be $671,850.
E:\FR\FM\19NON1.SGM
19NON1
]]>Agencies
[Federal Register Volume 89, Number 223 (Tuesday, November 19, 2024)]
[Notices]
[Pages 91424-91427]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-26885]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1365]
Certain Photovoltaic Connectors and Components Thereof; Notice of
a Commission Determination To Review in Part a Final Initial
Determination; Request for Written Submissions on the Issues Under
Review and on Remedy, the Public Interest, and Bonding; Extension of
Target Date
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
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SUMMARY: Notice is hereby given that the U.S. International Trade
Commission has determined to review in part a final initial
determination (``FID'') issued by the presiding administrative law
judge (``ALJ''). The Commission requests written submissions from the
parties on the issues under review and 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.
DATES: The Commission has determined to extend the target date for this
investigation to January 15, 2025.
FOR FURTHER INFORMATION CONTACT: Paul Lall, Office of the General
Counsel, U.S.
[[Page 91425]]
International Trade Commission, 500 E Street SW, Washington, DC 20436,
telephone (202) 205-2043. 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, telephone (202) 205-1810.
SUPPLEMENTARY INFORMATION: On June 9, 2023, the Commission instituted
this investigation based on a complaint filed on behalf of Shoals
Technologies Group, LLC (``Shoals Technologies'') of Portland,
Tennessee. 88 FR 37905-06 (June 9, 2023). The complaint alleges
violations of section 337 of the Tariff Act of 1930, as amended, 19
U.S.C. 1337 (``section 337''), based upon the importation into the
United States, the sale for importation, or sale within the United
States after importation of certain photovoltaic connectors and
components thereof by reason of infringement of certain claims of U.S.
Patent Nos. 10,553,739 (``the '739 patent'') and 10,992,254 (``the '254
patent''). The Commission's notice of investigation (``NOI'') named the
following eight respondents: (1) Hikam America, Inc. of Chula Vista,
California; (2) Hikam Electr[oacute]nica de M[eacute]xico, S.A. de C.V.
of Mexicali, Mexico; (3) Hikam Tecnologia de Sinaloa of Guasave,
Mexico; (4) Hewtech Philippines Corp. of Laguna, Philippines; (5)
Hewtech Philippines Electronics Corp. of Pampanga, Philippines; (6)
Hewtech (Shenzhen) Electronics Co., Ltd. of Shenzhen, China
(collectively the ``Hikam Respondents''); (7) Voltage, LLC
(``Voltage'') of Chapel Hill, North Carolina; and (8) Ningbo Voltage
Smart Production Co. (``Ningbo Voltage'') of Ningbo, China
(collectively ``Respondents''). Id. The Office of Unfair Import
Investigations (``OUII'') was also named as a party in this
investigation. Id. at 37906.
On August 15, 2023, the Commission amended the complaint and NOI to
add allegations of infringement against Voltage related to certain
claims of U.S. Patent No. 11,689,153 (``the '153 patent''). See Order
No. 5 (Jul. 18, 2023), unreviewed by 88 FR 56882-83 (Aug. 21, 2023).
The presiding ALJ held a Markman hearing on December 13, 2023, and
on February 20, 2024, issued an order addressing claim construction for
the '739, '254, and '153 patents. See Order No. 16 (Feb. 20, 2024)
(``Markman Order''). On February 28, 2024, Shoals filed a motion for
reconsideration of the Markman Order's construction of the term
``engaged with'' in claims 1 and 10 of the '739 patent. On March 4 and
5, 2024, Respondents and OUII filed oppositions to the motion,
respectively.
On March 11, 2024, the Commission terminated the following claims
from the investigation based on Shoals' withdrawal of the complaint as
to those claims: claims 2, 3, 6, 8, 9, 11, 12, and 15-18 of the '739
patent, claims 2-4, 8-12, 14, and 15 of the '254 patent, and claims 2,
3, 6, and 15-17 of the '153 patent. See Order No. 15 (Feb. 9, 2024),
unreviewed by Comm'n Notice (March 11, 2024).
On March 25, 2024, the Commission terminated the '254 patent from
this investigation based on Shoals' withdrawal of the complaint as to
that patent. See Order No. 19 (Feb. 28, 2024), unreviewed by Comm'n
Notice (March 26, 2024).
On April 19, 2024, the Commission determined not to review the
ALJ's grant of summary determination that Shoals has not satisfied the
technical prong of the domestic industry requirement for the '739
Patent and, thus, found no violation as to the '739 patent. Order No.
20 (March 6, 2024), unreviewed by Comm'n Notice (Apr. 19, 2024). In
Order No. 20, the ALJ also denied Shoals' motion for reconsideration of
the Markman Order. Id. Only the '739 patent was asserted against the
Hikam Respondents. See Comm'n Notice (Apr. 19, 2024); Am. Compl. at 66.
Accordingly, the Hikam Respondent were effectively terminated from the
investigation as of the termination of the '739 patent. On June 18,
2024, Shoals filed a notice of appeal with the U.S. Court of Appeals
for the Federal Circuit appealing the Commission's finding of no
violation as to the '739 patent. See Case No. 24-1991, Notice of
Docketing (Fed. Cir. June 24, 2024).
On April 26, 2024, the Commission terminated this investigation
with respect to asserted claim 8 of the '153 patent based on Shoals'
withdrawal of the complaint as to that claim. See Order No. 29 (April
2, 2024), unreviewed by Comm'n Notice (Apr. 26, 2024).
The ALJ held an evidentiary hearing on March 18-22, 2024. As of the
hearing, Shoals asserted claims 1, 11-14, 18, 21, 23, and 24 of the
'153 patent against the accused Voltage Trunk Bus, and Voltage sought
adjudication of the Voltage Alternative Design [``AD''] Trunk Bus with
respect to and claims 21 and 24 of the '153 patent. Shoals also
asserted that its domestic industry product practices claims 1 and 21
of the '153 patent for purposes of the domestic industry requirement.
On August 30, 2024, the presiding ALJ issued the FID, finding that
there has been a violation of section 337 in the importation into the
United States, the sale for importation, and/or the sale in the United
States after importation of certain photovoltaic connectors and
components thereof with respect to certain claims of the '153 patent.
Specifically, the FID finds as to the '153 patent that: (1) the Voltage
Trunk Bus and Voltage AD Trunk Bus have been imported into the United
States, sold for importation, and/or sold within the United States
after importation; (2) the Voltage Trunk Bus satisfies claims 1, 11-14,
and 18; (3) the Voltage Trunk Bus does not satisfy claims 21, 23, and
24; (4) the Voltage AD Trunk Bus does not satisfy claims 1, 11-14, 18,
21, 23, and 24; (5) Shoals has satisfied the technical prong of the
domestic industry requirement; (6) Shoals has satisfied the economic
prong of the domestic industry requirement; and (7) Voltage has not
shown that claims 1, 11-14, 18, 21, 23, and 24 are invalid.
On September 13, 2024, the presiding ALJ issued a Recommended
Determination on Remedy and Bonding (``RD''). The RD recommends that
the Commission issue a limited exclusion order in the event it finds a
violation of section 337 and impose a bond of 100 percent during the
period of Presidential Review.
On October 15 and 16, 2024, Shoals and Voltage, respectively, filed
a statement on the public interest pursuant to Commission Rule
210.50(a)(4), 19 CFR 210.50(a)(4). On October 2 and October 15, 2024,
American Wire Group of Miami, Fla. and Strata Clean Energy of Durham,
N.C. respectively filed statements on the public interest in response
to the Commission's Federal Register notice. See 89 FR 76869-70 (Sept.
19, 2024).
On September 16, 2024, Shoals filed a petition for review of the
FID. In its petition, Shoals Technologies argued that the ALJ should
not have considered respondents' redesign product, the Voltage AD Trunk
Bus, as being within the scope of the investigation.
On the same day, Respondents also filed a petition for review of
several of the FID's findings, including: (1) the FID's construction of
the term ``aperture, recited in the asserted claims of the '153
patent'' as defined by the ``Modified Cable Test''; (2) the FID's
finding that the asserted claims of the '153 patent are not invalid for
lack of written
[[Page 91426]]
description and/or indefiniteness; (3) the FID's finding that Shoals
has a domestic industry with respect to an article protected by the
'153 patent; and (4) the ALJ's determination to exclude the testimony
of their invalidity expert.
Also on the same day, OUII filed a petition for review of the FID,
seeking review of several of the FID's findings, including: (1) the
FID's construction of the three ``aperture'' terms recited in the
asserted claims of the `153 patent; (2) the FID's finding that Shoals'
asserted domestic industry products satisfy the technical prong of the
domestic industry requirement; and (3) the ALJ's determination to
exclude the testimony of Respondents' invalidity expert.
On September 24, 2024, Shoals, Voltage and OUII each filed
responses to the respective petitions for review. On October 4, 2024,
Voltage filed a notice of supplemental authority and on October 7,
2024, Shoals filed a response.
Having reviewed the record of the investigation, including the FID,
the parties' petitions for review and related submissions, the
Commission has determined to review the FID's: (1) construction of the
``aperture'' terms recited in the asserted claims of the '153 Patent;
(2) finding that the accused products infringe the asserted claims of
the '153 patent; (3) finding that the asserted claims of the '153
patent are not invalid under 35 U.S.C. 112 for lack of written
description and/or indefiniteness; and (4) finding that Shoals'
domestic industry products satisfy the domestic industry requirement of
section 337, including the FID's findings concerning the technical
prong and the economic prong.
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). In connection with these findings, the Commission
requests responses from the parties to the following questions:
(1) Please identify whether and where in the record Shoals
presented arguments with supporting evidence that the accused products
infringe any asserted claim of the '153 patent under OUII's proposed
construction of the ``aperture'' terms.
(2) Please identify whether and where in the record Shoals
presented arguments with supporting evidence that its domestic industry
products satisfy the technical prong of the domestic industry
requirement of section 337 under OUII's proposed construction of the
``aperture'' terms.
The parties are invited to brief only the discrete issues requested
above. The parties are not to brief other issues on review, which are
adequately presented in the parties' existing filings.
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: The parties are requested to file written
submissions on the questions identified in this notice. 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. Such submissions should
address the recommended determination by the ALJ on remedy and bonding.
In its initial submission, Complainant is also requested to
identify the remedy sought and Complainant and OUII are requested to
submit proposed remedial orders for the Commission's consideration.
Complainant is further requested to state the dates that the Asserted
Patents expire, to provide the HTSUS 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 must be filed no later
than close of business on November 27, 2024. Reply submissions must be
filed no later than the close of business on December 5, 2024. No
further submissions on these issues will be permitted unless otherwise
ordered by the Commission. Opening submissions are limited to 50 pages.
Reply submissions are limited to 25 pages. No further submissions on
any of 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-1365'') 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 with the
Commission and served on any parties to the investigation within two
business days of any confidential filing. All
[[Page 91427]]
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 has determined to extend the target date for this
investigation to January 15, 2025.
The Commission's vote on this determination took place on November
13, 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: November 13, 2024.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2024-26885 Filed 11-18-24; 8:45 am]
BILLING CODE P
