[Federal Register Volume 79, Number 70 (Friday, April 11, 2014)]
[Notices]
[Pages 20228-20230]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-08164]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-861/867]
Certain Cases for Portable Electronic Devices; Commission
Determination Not To Review an Initial Determination Granting
Complainant's Motion for Summary Determination of Violation by the
Defaulting Respondents; Request for Written Submissions
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 not to review the presiding administrative
law judge's (``ALJ'') initial determination (``ID'') (Order No. 28)
granting summary determination that the following defaulting
respondents have violated section 337: Anbess Electronics Co. Ltd. of
Shenzhen, China (``Anbess''); ROCON Digital Technology Corp. of
Shenzhen, China (``Rocon''); Trait Technology (Shenzhen) Co., Ltd. (d/
b/a Trait-Tech) of Shenzhen, China (``Trait''); Hongkong Wexun Ltd.
(Wexun Tech (Hong Kong) Co., Ltd.) of Guangdong, China (``Wexun''); SW-Box.com (aka Cellphonezone Limited) of Sheung Wan, Hong Kong (``SW-
Box''); and Global Digital Star Industry, Ltd. of Shenzhen City, China
(``Global'').
FOR FURTHER INFORMATION CONTACT: Panyin A. Hughes, Office of the
General Counsel, U.S. International Trade Commission, 500 E Street SW.,
[[Page 20229]]
Washington, DC 20436, telephone (202) 205-3042. Copies of non-
confidential documents filed in connection with this investigation are
or will be available for inspection during official business hours
(8:45 a.m. to 5:15 p.m.) in the Office of the Secretary, U.S.
International Trade Commission, 500 E Street, SW., Washington, DC
20436, telephone (202) 205-2000. General information concerning the
Commission may also be obtained by accessing its Internet server at
http://www.usitc.gov. The public record for this investigation may be
viewed on the Commission's electronic docket (EDIS) at http://edis.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 Inv. No. 337-TA-
861 on November 16, 2012, based on a complaint filed by Speculative
Product Design, LLC of Mountain View, California (``Speck''). 77 FR
68828 (Nov. 16, 2012). The complaint 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, the sale for importation, and the
sale within the United States after importation of certain cases for
portable electronic devices by reason of infringement of various claims
of United States Patent No. 8,204,561 (``the '561 patent''). The
complaint named several respondents.
The Commission instituted Inv. No. 337-TA-867 on January 31, 2013,
based on a complaint filed by Speck. 78 FR 6834 (Jan. 31, 2013). That
complaint also alleged violations of section 337 of the Tariff Act of
1930 (19 U.S.C. 1337) in the importation into the United States, the
sale for importation, and the sale within the United States after
importation of certain cases for portable electronic devices by reason
of infringement of various claims of the '561 patent. The complaint
named several additional respondents. On January 31, 2013, the
Commission consolidated the two investigations. Id.
All of the respondents that participated in the investigation have
been terminated from the investigation. Specifically, respondents JWIN
Electronics Corp., dba iLuv of Port Washington, New York and Fellowes,
Inc. of Itsaca, Illinois were terminated from the investigation based
upon settlement agreements. Respondents Project Horizon, Inc., d/b/a/
InMotion Entertainment of Jacksonville, Florida and En Jinn Industrial
Co., Ltd. of New Taipei City, Taiwan were terminated from the
investigation based upon consent order stipulations. Respondents
Superior Communications, Inc. of Irwindale, California and Shengda
Huanqiu Shijie of Shenzhen, China were terminated from the
investigation based upon withdrawal of allegations pertaining to them
from the complaint. Respondent Jie Sheng Technology of Tainan City,
Taiwan was terminated from the investigation based upon amendment to
the complaint and notice of investigation. Respondent Body Glove
International, LLC of Redondo Beach, California was terminated from the
investigation based upon a finding that it had committed no acts in
violation of section 337.
The following respondents were found in default: Anbess, Rocon,
Trait, Wexun, SW-Box, and Global. Accordingly, the only parties
remaining active in this investigation are Speck and the Commission
investigative attorney (``IA'').
On August 19, 2013, Speck filed a motion for summary determination
that it has satisfied the domestic industry requirement under sections
337(a)(3)(A), (B), and (C) (not including licensing). On August 19,
2013, the IA filed a response in support of Speck's motion that it has
satisfied the domestic industry requirement under section 337(a)(3)(C).
On September 10, 2013, the ALJ issued an ID (Order No 15) granting
Speck's motion in part. Specifically, the ALJ found that Speck
established a domestic industry for the '561 patent under section
337(a)(3)(C). On October 23, 2013, the Commission determined not to
review the ID.
On September 30, 2013, the ALJ granted a motion by Speck to
terminate the investigation as to claims 1-3, 6-8, 10, and 12-16 of the
'561 patent. On November 11, 2013, the Commission determined not to
review. Thus, claims 4, 5, 9, and 11 remain pending in the
investigation.
On November 15, 2013, Speck filed a motion for summary
determination of violation with respect to the defaulting respondents.
On November 26, 2013, the IA filed a response in support of Speck's
motion. On February 21, 2014, the presiding ALJ issued the subject ID,
Order No. 28, granting the motion. He also recommended issuance of a
general exclusion order and the imposition of a bond of 100 percent of
entered value during the period of Presidential review.
Having considered the subject ID and the relevant portions of the
record, the Commission has determined not to review the ID based on the
substantial, reliable, and probative evidence establishing a violation
by the defaulting respondents.
In connection with the final disposition of this investigation, the
Commission may (1) issue an order that could result in the exclusion of
the subject articles from entry into the United States, and/or (2)
issue one or more cease and desist orders that could result in the
respondent 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 (December 1994)
(Commission Opinion).
If the Commission contemplates some form of remedy, it must
consider the effects of that remedy upon the public interest. The
factors the Commission will consider include the effect that an
exclusion order and/or 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
or disapprove the Commission's action. 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. Complainant and the Commission investigative attorney are
also requested
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to submit proposed remedial orders for the Commission's consideration.
Complainant is also requested to state the date on which the '561
patent expires and the HTSUS subheadings under which the accused
products are imported.
Written submissions must be filed no later than close of business
on April 23, 2014. Reply submissions must be filed no later than the
close of business on April 30, 2014. Such submissions should address
the ALJ's recommended determinations on remedy and bonding which were
made in Order No. 28. 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 and submit eight
true paper copies to the Office of the Secretary by noon the next day
pursuant to section 210.4(f) of the Commission's Rules of Practice and
Procedure (19 CFR 210.4(f)). Submissions should refer to the
investigation number (``Inv. No. 337-TA-861/867'') in a prominent place
on the cover page and/or the first page. (See Handbook for Electronic
Filing Procedures, http://www.usitc.gov/secretary/fed_reg_notices/rules/handbook_on_electronic_filing.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. All such requests
should be directed to the Secretary to the Commission and must include
a full statement of the reasons why the Commission should grant such
treatment. See 19 CFR 201.6. Documents for which confidential treatment
by the Commission is properly sought will be treated accordingly. A
redacted non-confidential version of the document must also be filed
simultaneously with the any confidential filing. All non-confidential
written submissions will be available for public inspection at the
Office of the Secretary and on EDIS.
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 8, 2014.
Lisa R. Barton,
Acting Secretary to the Commission.
[FR Doc. 2014-08164 Filed 4-10-14; 8:45 am]
BILLING CODE 7020-02-P