[Federal Register Volume 79, Number 236 (Tuesday, December 9, 2014)]
[Notices]
[Pages 73101-73102]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-28765]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-919]
Certain Archery Products and Related Marketing Materials;
Issuance of a Limited Exclusion Order Against the Respondent Found in
Default; Termination of the Investigation
AGENCY: United States 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 against certain archery
products and related marketing materials of Ningbo Topoint Outdoor
Sports Co., Ltd. (``Ningbo Topoint''). The investigation is terminated.
FOR FURTHER INFORMATION CONTACT: Robert 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 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 (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 this investigation
on June 16, 2014, based on a complaint filed by Bear Archery, Inc. and
SOP Services, Inc. (``Complainants''), 79 FR 34356. The complaint
alleges violations of section 337 of the Tariff Act of 1930, as
amended, 19 U.S.C. 1337 (``section 337''), in the importation into the
United States, the sale for importation, and the sale within the United
States after importation of certain archery
[[Page 73102]]
products and related marketing materials by reason of infringement of
certain claims of U.S. Patent No. RE38,096 (``the '096 patent''); U.S.
Patent No. 6,978,775 (``the '775 patent''); U.S. Trademark Registration
No. 2,501,255 (``the '255 mark''); and U.S. Trademark Registration No.
3,312,392 (``the '392 mark''). Id. The complaint further alleges the
existence of a domestic industry. Id. The Commission's notice of
investigation named Ningbo Topoint as the only respondent, and
indicated that the Office of Unfair Import Investigations is
participating in this investigation. Id.
On September 2, 2014, the ALJ ordered Ningbo Topoint to show cause
why it should not be found in default. See Order No. 10. No response to
Order No. 10 was filed. On September 16, 2014, the ALJ issued an
initial determination finding Ningbo Topoint in default under
Commission Rule 210.16(a)(1) (19 CFR 210.16(a)(1)). See Order No. 11.
On October 16, 2014, the Commission determined not to review the
initial determination.
The Commission requested briefing from the parties and the public
on the issues of remedy, the public interest, and bonding. The
Commission received responsive submissions from Complainants and the
Commission Investigative Attorney (``IA'') on October 30, 2014, and a
reply submission from the IA on November 6, 2014. The submissions
agreed that the appropriate remedy is the entry of a limited exclusion
order against Ningbo Topoint, that the public interest factors do not
weigh against granting such a limited exclusion order, and that bonding
should be set at 100 percent of the entered value of the infringing
products.
The Commission finds that the statutory requirements of section
337(g)(1) (19 U.S.C. 1337(g)(1)) and Commission Rule 210.16(a)(1) (19
CFR 210.16(a)(1)) are met with respect to Ningbo Topoint. Accordingly,
pursuant to section 337(g)(1) (19 U.S.C. 1337(g)(1)) and Commission
Rule 210.16(c) (19 CFR 210.16(c)), the Commission presumes the facts
alleged in the complaint to be true and finds that Ningbo Topoint is in
violation of section 337.
The Commission has determined that the appropriate form of relief
in this investigation is a limited exclusion order prohibiting the
unlicensed entry of archery products and related marketing materials
that are manufactured abroad by or on behalf of, or imported by or on
behalf of, Ningbo Topoint that infringe one or more of claims 1-3, 6-
12, and 15-38 of the '096 patent and claims 1-3, 16-22, 24-26, 29, 31,
and 32 of the '775 patent, or infringe the '255 or '392 marks. The
Commission has further determined that the public interest factors
enumerated in section 337(g)(1) (19 U.S.C. 1337(g)(1)) do not preclude
the issuance of the limited exclusion order. Finally, the Commission
has determined that the bond for importation during the period of
Presidential review shall be in the amount of 100 percent of the
entered value of the imported subject articles of Ningbo Topoint. The
Commission's order was delivered to the President and the United States
Trade Representative on the day of its 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.
Dated: December 3, 2014.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2014-28765 Filed 12-8-14; 8:45 am]
BILLING CODE 7020-02-P