[Federal Register Volume 82, Number 248 (Thursday, December 28, 2017)]
[Notices]
[Pages 61587-61588]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-27956]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1033]
Certain Arrowheads With Arcuate Blades and Components Thereof;
Notice of Commission Decision Not To Review an Initial Determination
Granting Complainant's Motion for Summary Determination of a Violation
of Section 337; Request for 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 an initial determination
(``ID'') (Order No. 9) of the presiding administrative law judge
(``ALJ'') granting complainant's motion for summary determination of a
violation of section 337. The Commission also requests written
submissions regarding remedy, bonding, and the public interest.
FOR FURTHER INFORMATION CONTACT: Clint Gerdine, Esq., Office of the
General Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202) 708-2310. 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 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.
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 January 6, 2017, based on a complaint filed on behalf of Flying
Arrow Archery, LLC of Belgrade, Montana. 82 FR 1760-61. The complaint,
as supplemented, alleges violations of section 337 of the Tariff Act of
1930, as amended, 19 U.S.C. 1337, by reason of infringement of certain
claims of U.S. Patent Nos. 8,920,269; D713,919; and D729,336. The
complaint further alleges that a domestic industry exists. The
Commission's notice of investigation named the following respondents:
Arthur Sifuentes of Spring, Texas; Liu Mengbao and Zhou Yang, both of
Guangdong, China; Jiangfeng Mao of Jiangsu, China; Sandum Precision
Industry (China) Co., Ltd. (In-Sail) of Guangdong Province, China
(collectively, ``the remaining respondents''); Wei Ran, Dongguan
Hongsong, and Wanyuxue, all of Guangdong, China; and Yandong of Henan,
China (collectively, ``the terminated respondents''). The Office of
Unfair Import Investigations (``OUII'') is also a party to the
investigation.
On April 28, 2017, the Commission issued notice of its
determination not to review the ALJ's ID (Order No. 7) terminating the
investigation as to the terminated respondents based on withdrawal of
the infringement allegations in the complaint. In the same notice, the
Commission issued notice of its determination not to review the ALJ's
ID (Order No. 6) finding the remaining respondents in default (``the
defaulting respondents'').
[[Page 61588]]
Because a general exclusion order is sought, complainant is
required to establish that a violation of section 337 has occurred by
substantial, reliable, and probative evidence pursuant to Commission
Rule 210.16(c)(2). On August 15, 2017, complainant filed a motion for
summary determination of a violation of section 337 pursuant to
Commission Rule 210.16(c)(2) to support its request for entry of a
general exclusion order with respect to all asserted patents. OUII
filed a response in support of the motion.
The ALJ issued the subject ID on November 8, 2017, granting
complainant's motion for summary determination. The ALJ found that all
defaulting respondents met the importation requirement and that
complainants satisfied the domestic industry requirement. See 19 U.S.C.
1337(a)(1)(B), (a)(2). The ID finds that a violation of section 337 has
occurred based on its finding that each of the defaulting respondents'
accused products infringe one or more of the asserted claims of the
patents at issue as established by substantial, reliable, and probative
evidence in accordance with Commission Rule 210.16(c)(2). No petitions
for review were filed.
The ID also contains the ALJ's recommended determination on remedy
and bonding. The ALJ recommended a general exclusion order with respect
to the asserted patents if the Commission finds a violation of section
337.
Having examined the record of this investigation, the Commission
has determined not to review the subject ID.
As noted above, five respondents were found in default. Section
337(g) and Commission Rule 210.16(c) authorize the Commission to order
relief against respondents found in default unless, after considering
the public interest, it finds that such relief should not issue. Before
the ALJ, complainant sought a general exclusion order under section
337(g)(2).
In connection with the final disposition of this investigation, the
Commission may issue an order that could result in the exclusion of the
subject articles from entry into the United States. 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
(December 1994).
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. Such submissions should address the recommended
determination by the ALJ on remedy and bonding.
Complainants and OUII are also requested to submit proposed
remedial orders for the Commission's consideration. Complainant is also
requested to state the dates that the patents expire, the HTSUS numbers
under which the accused products are imported, and to supply the names
of known importers of the products at issue in this investigation. The
written submissions and proposed remedial orders must be filed no later
than close of business on January 4, 2018. Reply submissions must be
filed no later than the close of business on January 11, 2018. No
further submissions on 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 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-1033'') in a prominent place on the cover page and/or the
first page. (See Handbook for Electronic Filing Procedures, https://www.usitc.gov/secretary/documents/handbook_on_filing_procedures.pdf).
Persons with questions regarding filing should contact the Secretary at
(202) 205-2000.
Any person desiring to submit a document to the Commission in
confidence must request confidential treatment unless the information
has already been granted such treatment during the proceedings. All
such requests should be directed to the Secretary of the Commission and
must include a full statement of the reasons why the Commission should
grant such treatment. See 19 CFR 210.6. Documents for which
confidential treatment by the Commission is sought will be treated
accordingly. A redacted non-confidential version of the document must
also be filed simultaneously with any confidential filing. All
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,\1\ solely for
cybersecurity purposes. All non-confidential written submissions will
be available for public inspection at the Office of the Secretary and
on EDIS.
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\1\ All contract personnel will sign appropriate nondisclosure
agreements.
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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: December 21, 2017.
Katherine M. Hiner,
Supervisory Attorney.
[FR Doc. 2017-27956 Filed 12-27-17; 8:45 am]
BILLING CODE 7020-02-P