80 FR 30266 - Certain Loom Kits for Creating Linked Articles

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 80, Issue 101 (May 27, 2015)

Notice is hereby given that the U.S. International Trade Commission has determined to amend the notice of investigation to reflect a change in corporate form by the complainant, to terminate the investigation with respect to claims 2 and 3 of U.S. Patent No. 8,485,565 (``the '565 patent''), and to enter a general exclusion order barring entry of loom kits that infringe claim 4 of the '565 patent. The Commission's determination is final and the investigation is terminated in its entirety.

[Federal Register Volume 80, Number 101 (Wednesday, May 27, 2015)]
[Notices]
[Pages 30266-30267]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-12765]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-923]


Certain Loom Kits for Creating Linked Articles

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 to amend the notice of investigation to 
reflect a change in corporate form by the complainant, to terminate the 
investigation with respect to claims 2 and 3 of U.S. Patent No. 
8,485,565 (``the '565 patent''), and to enter a general exclusion order 
barring entry of loom kits that infringe claim 4 of the '565 patent. 
The Commission's determination is final and the

[[Page 30267]]

investigation is terminated in its entirety.

FOR FURTHER INFORMATION CONTACT: Clark S. Cheney, Office of the General 
Counsel, U.S. International Trade Commission, 500 E Street SW., 
Washington, DC 20436, telephone 202-205-2661. 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 August 6, 2014, based on a complaint filed by Choon's Design, Inc., 
of Wixom, Michigan, now Choon's Design LLC (``Choon's''). See 79 FR 
45844-45 (August 6, 2014). The complaint alleged violations of section 
337 by reason of the importation into the United States, the sale for 
importation, and the sale within the United States after importation of 
certain loom kits that infringe the '565 patent. The notice of 
investigation named thirteen respondents, all of which either have been 
found in default or have been terminated from this investigation. See 
Notice of Commission Determination Not to Review an Initial 
Determination Terminating the Investigation as to Respondent Creative 
Kidstuff, LLC (September 26, 2014); Notice of Commission Determination 
Not to Review Two Initial Determinations Finding Certain Respondents in 
Default and Terminating the Investigation with Respect to Another 
Respondent (January 9, 2015); Notice of Commission Determination Not to 
Review an Initial Determination Terminating the Investigation as to 
Respondent Altatac, Inc. (January 13, 2015). The respondents in default 
are Island in the Sun LLC; Quality Innovations Inc.; Yiwu Mengwang 
Craft & Art Factory; Shenzhen Xuncent Technology Co., Ltd.; My Imports 
USA LLC; Jayfinn LLC; Hongkong Haoguan Plastic Hardware Co., Ltd.; 
Blinkee.com, LLC; Eyyup Arga; and Itcoolnomore (collectively, 
``defaulting respondents'').
    On February 3, 2015, the presiding administrative law judge 
(``ALJ'') issued an ID finding a violation of section 337 and 
recommending the issuance of a general exclusion order. See Order No. 
13. On February 13, 2015, the IA submitted a petition for review of the 
ID in part. On March 20, 2015, the Commission determined to review only 
the domestic industry economic prong determination in the ID. Upon 
review, the Commission determined to affirm the ALJ's finding that 
Choon's has shown a substantial investment in the exploitation of the 
'565 patent through engineering and research and development of 
articles protected by the '565 patent, but the Commission determined to 
modify certain portions of the ID regarding the expenditures comprising 
the domestic industry investments. The Commission stated that its 
modifications would be specified in a later Commission opinion. Having 
affirmed a violation of section 337, the Commission requested briefing 
concerning remedy, the public interest, and bonding. See 80 FR 16023-25 
(March 26, 2015).
    In response to the Commission's notice, Choon's informed the 
Commission that it changed its corporate form during the course of the 
investigation from Choon's Design, Inc., to Choon's Design LLC. Choon's 
also requested that claims 2 and 3 of the '565 patent be withdrawn from 
the investigation. No contrary submissions were received on those 
points. Accordingly, the Commission has determined to amend the notice 
of investigation to reflect that the complainant is Choon's Design LLC. 
The Commission has further determined to terminate the investigation 
with respect to claims 2 and 3.
    Upon review of all submissions in response to the Commission's 
notice, and the entire record of the investigation, the Commission has 
determined that the appropriate form of relief for the determined 
violation of section 337 is a general exclusion order barring entry of 
loom kits that infringe claim 4 of the '565 patent. The Commission has 
further determined that the public interest factors enumerated in 
section 337(d)(1) (19 U.S.C. 1337(d)(1)) do not preclude issuance of 
the general exclusion order. Additionally, the Commission has 
determined that a bond in the amount of one hundred (100) percent of 
the entered value of subject articles is required to permit temporary 
importation of the articles in question during the period of 
Presidential review (19 U.S.C. 1337(j)). The Commission has also issued 
an opinion explaining its modification of the ALJ's domestic industry 
economic prong analysis and explaining the basis for the remedy. The 
Commission's determination is final and the investigation is terminated 
in its entirety.
    The Commission's orders and the record upon which it based its 
determination were delivered to the President and to the United States 
Trade Representative on the day of their issuance. The Commission has 
also notified the Secretary of the Treasury of the orders.
    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: May 21, 2015.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2015-12765 Filed 5-26-15; 8:45 am]
BILLING CODE 7020-02-P