[Federal Register Volume 82, Number 177 (Thursday, September 14, 2017)]
[Pages 43252-43254]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-19465]



[Investigation No. 337-TA-1055]

Certain Mirrors With Internal Illumination and Components 

    Supplemental Notice of Commission Determination Not To Review an 
Initial Determination Finding the Sole Remaining Respondent in Default; 
Request for Written Submissions on Remedy, the Public Interest, and 
AGENCY: U.S. International Trade Commission.

ACTION: Notice.


SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined not to review an initial determination 
(``ID'') (Order No. 10) finding the sole remaining respondent in 
default. The Commission requests written submissions, under the 
schedule set forth below, on remedy, public interest, and bonding.

FOR FURTHER INFORMATION CONTACT: Clint Gerdine, 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 (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-

SUPPLEMENTARY INFORMATION: The Commission instituted this investigation 
on May 8, 2017, based on a complaint filed by Electric Mirror, LLC of 
Everett, Washington (``Electric Mirror'') and Kelvin 42 LLC of 
Pensacola, Florida

[[Page 43253]]

(``Kelvin''). 82 FR 21405 (May 8, 2017). The complaint, as amended, 
alleges 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 mirrors with internal illumination and 
components thereof by reason of infringement of certain claims of U.S. 
Patent Nos. 7,853,414 (``the '414 patent'') and 7,559,668 (``the '668 
patent''). The notice of investigation named as respondents Lumidesign 
Inc. of Ontario, Canada (``Lumidesign''); Majestic Mirrors & Frame, LLC 
of Miami, Florida (``Majestic''); and Project Light, LLC (d/b/a Project 
Light, Inc., Prospetto Light, LLC, and/or Prospetto Lighting, LLC) of 
Stow, Ohio (``Project Light''). The Office of Unfair Import 
Investigations was not named as a party to the investigation.
    The Commission previously terminated the investigation in part 
based on withdrawal of allegations concerning complainant Kelvin, 
respondent Majestic, and the '668 patent. Order No. 6 (June 19, 2017), 
not reviewed Notice (July 10, 2017). The Commission also previously 
terminated the investigation with respect to respondent Lumidesign 
based on a settlement agreement. Order No. 8 (July 6, 2017), not 
reviewed Notice (July 27, 2017).
    The Commission successfully served the complaint and notice of 
investigation on Project Light on May 3, 2017. See Memorandum in 
Support of Motion by Complainant Electric Mirror, LLC for an Order to 
Show Cause And for Entry of Default as to Sole Remaining Respondent 
Project Light, LLC And to Suspend the Procedural Schedule (June 26, 
2017) at Ex. A. On June 26, 2017, Electric Mirror moved for an order 
directing Project Light to show cause why it should not be held in 
default for failing to respond to the complaint, notice of 
investigation, and discovery requests. Id. at 1. On July 10, 2017, the 
ALJ granted the motion and ordered Project Light to show cause why it 
should not be held in default. Project Light did not respond.
    On August 3, 2017, the ALJ issued the subject ID, finding Project 
Light in default. No petition for review of the ID was filed.
    The Commission has determined not to review the subject ID.
    Section 337(g)(1) and Commission Rule 210.16(c) authorize the 
Commission to order relief against a respondent found in default, 
unless, after considering the public interest, it finds that such 
relief should not issue.
    In connection with the final disposition of this investigation, the 
Commission may: (1) Issue an order that could result in the exclusion 
of articles manufactured or imported by Project Light; and/or (2) issue 
cease and desist orders that could result in Project Light 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 (December 
    If the Commission contemplates some form of remedy, it must 
consider the effects of that remedy upon the public interest. The 
factors that the Commission will consider include the effect that the 
exclusion order and/or cease and desists 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. Electric Mirror is requested to submit proposed remedial 
orders for the Commission's consideration. Electric Mirror is also 
requested to state the HTSUS numbers under which the accused products 
are imported, and to state the date that the '414 patent expires. 
Electric Mirror is further requested to supply identification 
information on any known importers.
    The deadline for filing written submissions has been extended to 
the close of business on September 20, 2017. The deadline for filing 
reply submissions has been extended to the close of business on 
September 27, 2017. 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 deadline 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-1055'') 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. 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

[[Page 43254]]

personnel \[1]\, solely for cybersecurity purposes. All nonconfidential 
written submissions will be available for public inspection at the 
Office of the Secretary and on EDIS.

    \[1]\ All contract personnel will sign appropriate nondisclosure 

    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: September 8, 2017.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2017-19465 Filed 9-13-17; 8:45 am]