[Federal Register Volume 82, Number 198 (Monday, October 16, 2017)]
[Notices]
[Pages 48113-48115]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-22267]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1074]
Certain Industrial Automation Systems and Components Thereof
Including Control Systems, Controllers, Visualization Hardware, Motion
and Motor Control Systems, Networking Equipment, Safety Devices, and
Power Supplies; Institution of Investigation
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
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SUMMARY: Notice is hereby given that a complaint was filed with the
U.S. International Trade Commission on September 6, 2017, under section
337 of the Tariff Act of 1930, as amended, on behalf of Rockwell
Automation, Inc. of Milwaukee, Wisconsin. A supplement to the complaint
was filed on September 29, 2017. The complaint 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 industrial automation systems and components
thereof including control systems, controllers, visualization hardware,
motion and motor control systems, networking equipment, safety devices,
and power supplies, by reason of infringement of U.S. Trademark Reg.
No. 1,172,995 (``the '995 trademark''); U.S. Trademark Reg. No. 696,401
(``the '401 trademark''); U.S. Trademark Reg. No. 693,780 (``the '780
trademark''); U.S. Trademark Reg. No. 1,172,994 (``the '994
trademark''); U.S. Trademark Reg. No. 712,800 (``the '800 trademark'');
U.S. Trademark Reg. No. 712,836 (``the '836 trademark''); U.S.
Trademark Reg. No. 2,510,226 (``the '226 trademark''); U.S. Trademark
Reg. No. 2,671,196 (``the '196 trademark''); U.S. Trademark Reg. No.
2,701,786 (``the '786 trademark''); U.S. Trademark Reg. No. 2,412,742
(``the '742 trademark''); U.S. Copyright Reg. No. TX0008389890 (``the
'890 copyright''); U.S. Copyright Reg. No. TX0008389887 (``the '887
copyright''); U.S. Copyright Reg. No. TX0008390098 (``the '098
copyright)''; U.S. Copyright Reg. No. TX0008390094 (``the '094
copyright''); U.S. Copyright
[[Page 48114]]
Reg. No. TX0008390077 (``the '077 copyright''); U.S. Copyright Reg. No.
TX0008390088 (``the '088 copyright''); U.S. Copyright Reg. No.
TX0008390116 (``the '116 copyright''); U.S. Copyright Reg. No.
TX0008390084 (``the '084 copyright''); U.S. Copyright Reg. No.
TX0008390111 (``the '111 copyright''); and U.S. Copyright Reg. No.
TX0008390091 (``the '091 copyright''). The complaint also alleges that
an industry in the United States exists as required by the applicable
Federal Statute. The Complaint further alleges a violation of Section
337 based on unfair methods of competition and unfair acts in the
importation or sale of certain industrial automation systems and
components thereof including control systems, controllers,
visualization hardware, motion and motor control systems, networking
equipment, safety devices, and power supplies, the threat or effect of
which is to destroy or substantially injure an industry in the United
States.
The complainant requests that the Commission institute an
investigation and, after the investigation, issue a general exclusion
order and cease and desist orders.
ADDRESSES: The complaint, except for any confidential information
contained therein, is 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., Room 112, Washington,
DC 20436, telephone (202) 205-2000. 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. The
public record for this investigation may be viewed on the Commission's
electronic docket (EDIS) at https://edis.usitc.gov.
FOR FURTHER INFORMATION CONTACT: Pathenia M. Proctor, The Office of
Unfair Import Investigations, U.S. International Trade Commission,
telephone (202) 205-2560.
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 (2017).
Scope of Investigation: Having considered the complaint, the U.S.
International Trade Commission, on October 6, 2017, ordered that--
(1) Pursuant to subsection (b) of section 337 of the Tariff Act of
1930, as amended, an investigation be instituted to determine:
(a) Whether there is a violation of subsection (a)(1)(C) 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 industrial automation systems and components thereof including
control systems, controllers, visualization hardware, motion and motor
control systems, networking equipment, safety devices, and power
supplies, by reason of infringement of the '995 trademark; the '401
trademark; the '780 trademark; the '994 trademark; the '800 trademark;
the '836 trademark; the '226 trademark; the '196 trademark; the '786
trademark; and the '742 trademark; and whether an industry in the
United States exists as required by subsection (a)(2) of section 337;
(b) 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 industrial automation systems and components thereof including
control systems, controllers, visualization hardware, motion and motor
control systems, networking equipment, safety devices, and power
supplies, by reason of infringement of the '890 copyright; the '887
copyright; the '098 copyright; the '094 copyright; the '077 copyright;
the '088 copyright; the '116 copyright; and the '111 copyright; and
(c) whether there is a violation of subsection (a)(1)(A) in the
importation or sale of certain industrial automation systems and
components thereof including control systems, controllers,
visualization hardware, motion and motor control systems, networking
equipment, safety devices, and power supplies, by reason of unfair
methods of competitions and unfair acts, the threat or effect of which
is to destroy or substantially injure an industry in the United States;
(2) Pursuant to Commission Rule 210.50(b)(1), 19 CFR 210.50(b)(1),
the presiding Administrative Law Judge shall take evidence or other
information and hear arguments from the parties or other interested
persons with respect to the public interest in this investigation, as
appropriate, and provide the Commission with findings of fact and a
recommended determination on this issue, which shall be limited to the
statutory public interest factors set forth in 19 U.S.C. 1337(d)(1),
(f)(1), (g)(1);
(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 complainant is: Rockwell Automation, Inc., 1201 South 2nd
Street, Milwaukee, WI 53204-2410.
(b) The respondents are the following entities alleged to be in
violation of section 337, and are the parties upon which the complaint
is to be served:
Can Electric Limited, No. 2 Danan Rd, Yuexiu District, Guangzhou,
Guangdong, 510115, China
Capnil (HK) Company Limited, Unit 603 6/F Koon Wah Mirrow, Factory 3
Ind Bldg 5-9 Ka Hing, Rd Kln Hk, Hong Kong
Fractioni (Hongkong) Ltd., #327 Siping Road, Shanghai 200092, China
Fujian Dahong Trade Co., Ltd, A15-2303 Taihongyu Pushang Road, Cangshan
Fuzhou Fujian, Fujian 350008, China
GreySolution Limited d/b/a Fibica, Unit B601, 6/F Block A, Universal
Ind. Ctr., 19-25 Shan Mei St Sha Tin, Fo Tan, Hong Kong
Huang Wei Feng d/b/a A-O-M Industry, Room 201 No. 55 2 Qu, Tangshuiwei,
Minzhi, Longhua, Boa'An, Shenzhen 511700, China
KBS Electronics Suzhou Co, Ltd., Block 7&43, No. 328 Hengyong Road,
Jiading district, Shanghai, China, 201806
PLC-VIP Shop d/b/a VIP Tech Limited, 95 Fuk Wing Street, Cheung Sha
Wan, Kowloon, Hong Kong
Radwell International, Inc. d/b/a PLC Center, 1 Millennium Drive,
Willingboro, NJ 08046
Shanghai EuoSource Electronic Co., Ltd, Block 43, No. 328, Hengyong
Road, Jiading District, Shanghai, China 201806
ShenZhen T-Tide Trading co., Ltd., Room A-60S, Block.lexi., Minle
Industrial Park, Mei Ban Road, Longhua District, Shenzhen 518031, China
SoBuy Commercial (HK) Co. Limited, Flat B G/F Yeung Yiu Chung (No. 6),
Ind. Bldg. No. 19 Cheung Shun Street, Lai Chi Kok Kowloon, Hong Kong
Suzhou Yi Micro Optical Co., Ltd., d/b/a Suzhou Yiwei Guangxue
Youxiangongsi, d/b/a Easy Micro-optics Co. LTD., Office Building 5F, 91
Weixin Rd, Suzhou, SIP, Jiangsu, China, 215021
Wenzhou Sparker Group Co. Ltd., d/b/a Sparker Instruments, Room 503,
Oujiang Masion, Wenzhou Road, Wenzhou, 325000, China
[[Page 48115]]
Yaspro Electronics (Shanghai) Co., Ltd., Room 1808E, No. 488, Vaohua
Road, Pudong New District, Shanghai, China
(c) The Office of Unfair Import Investigations, U.S. International
Trade Commission, 500 E Street SW., Suite 401, Washington, DC 20436;
and
(4) For the investigation so instituted, the Chief Administrative
Law Judge, U.S. International Trade Commission, shall designate the
presiding Administrative Law Judge.
Responses to the 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), such responses will be
considered by the Commission if received not later than 20 days after
the date of service by the Commission of the complaint and the notice
of investigation. Extensions of time for submitting responses to the
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 complaint and in this notice may be deemed to
constitute a waiver of the right to appear and contest the allegations
of the 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 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: October 10, 2017.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2017-22267 Filed 10-13-17; 8:45 am]
BILLING CODE 7020-02-P