80 FR 79612 - Certain Arrowheads With Deploying Blades and Components Thereof and Packaging Therefor; Institution of Investigation

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 80, Issue 245 (December 22, 2015)

Page Range		79612-79613
FR Document		2015-32087

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on November 17, 2015, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of FeraDyne Outdoors LLC of Cartersville, Georgia and Out RAGE LLC of Cartersville, Georgia. A supplement was filed on December 4, 2015. The complaint, as supplemented, 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 arrowheads with deploying blades and components thereof and packaging therefor by reason of infringement of certain claims of U.S. Patent No. RE44,144 (``the '144 patent''); U.S. Patent No. 6,517,454 (``the '454 patent''); U.S. Patent No. 8,758,176 (``the '176 patent''); U.S. Patent No. 8,986,141 (``the '141 patent''); U.S. Patent No. 9,068,806 (``the '806 patent''); U.S. Patent No. 7,771,298 (``the '298 patent''); U.S. Patent No. D710,962 (``the D'962 patent''); U.S. Patent No. D711,489 (``the D'489 patent''); and of U.S. Trademark Registration No. 4,812,058 (``the '058 mark''). The complaint further alleges that an industry in the United States exists as required by subsection (a)(2) of section 337. The complainants request that the Commission institute an investigation and, after the investigation, issue a general exclusion order and cease and desist orders.

Federal Register, Volume 80 Issue 245 (Tuesday, December 22, 2015)

[Federal Register Volume 80, Number 245 (Tuesday, December 22, 2015)]
[Notices]
[Pages 79612-79613]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-32087]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-977]


Certain Arrowheads With Deploying Blades and Components Thereof 
and Packaging Therefor; Institution of Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on November 17, 2015, under section 
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
FeraDyne Outdoors LLC of Cartersville, Georgia and Out RAGE LLC of 
Cartersville, Georgia. A supplement was filed on December 4, 2015. The 
complaint, as supplemented, 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 
arrowheads with deploying blades and components thereof and packaging 
therefor by reason of infringement of certain claims of U.S. Patent No. 
RE44,144 (``the '144 patent''); U.S. Patent No. 6,517,454 (``the '454 
patent''); U.S. Patent No. 8,758,176 (``the '176 patent''); U.S. Patent 
No. 8,986,141 (``the '141 patent''); U.S. Patent No. 9,068,806 (``the 
'806 patent''); U.S. Patent No. 7,771,298 (``the '298 patent''); U.S. 
Patent No. D710,962 (``the D'962 patent''); U.S. Patent No. D711,489 
(``the D'489 patent''); and of U.S. Trademark Registration No. 
4,812,058 (``the '058 mark''). The complaint further alleges that an 
industry in the United States exists as required by subsection (a)(2) 
of section 337.
    The complainants request 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 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.

FOR FURTHER INFORMATION CONTACT: The Office of Unfair Import 
Investigations, U.S. International Trade Commission, telephone (202) 
205-2560.

[[Page 79613]]

    Authority: The authority for institution of this investigation is 
contained in section 337 of the Tariff Act of 1930, as amended, and in 
section 210.10 of the Commission's Rules of Practice and Procedure, 19 
CFR 210.10 (2015).
    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on December 16, 2015, 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)(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 arrowheads with deploying blades and components thereof and 
packaging therefor by reason of infringement of one or more of claims 
38, 42, 48, 68, and 75 of the '144 patent; claims 1-3, 5, and 8 of the 
'454 patent; claims 1 and 3 of the '176 patent; claims 1 and 8 of the 
'141 patent; claims 1 and 3 of the '806 patent; claims 1, 5, and 10 of 
the '298 patent; the claim of the D'962 patent; and the claim of the 
D'489 patent, 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)(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 arrowheads with deploying blades and components thereof and 
packaging therefor by reason of infringement of the '058 mark, and 
whether an industry in the United States exists as required by 
subsection (a)(2) of section 337;
    (2) 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 complainants are:

FeraDyne Outdoors LLC, 110 Beasley Road, Cartersville, Georgia 30120
Out RAGE LLC, 110 Beasley Road, Cartersville, Georgia 30120
    (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:
Linyi Junxing Sports Equipment Co., Ltd. (Northwest Corner of Lihang) 
Lihang, Industrial Park, Lanshan District, Linyi, Shandong, China 
276000
Ningbo Faith Sports Co., Ltd., No. 315 Yuelin Street, 55 Baofeng Road 
East, East Suburb Development Zone, Fenghua, Ningbo, Zhejiang, China 
315500
Ningbo Forever Best Import & Export Co. Ltd., Bldg. A1, Phase 1, 
Chuangye Park, Economic Development Zone, Yixing, Jiangsu, China 214213
Ningbo Linkboy Outdoor Sports Co., Ltd., B1, 599 Qiming Road, Xiaying 
Town, Yinzhou District, Ningbo, Zhejiang, China 315000
Shenzhen Zowaysoon Trading Company Ltd., Room 1309, Jiangshi Building, 
Xintian Road, Xintian Community, Fuyong St., Baoan Area, Shenzhen, 
China 518100
Xiamen Xinhongyou Industrial Trade Co. Ltd., No. 100, Qianzhaili, 
Pantu, Xike, Tong'an Dist., Xiamen, Fujian, China 361100
Xiamen Zhongxinyuan Industry & Trade Ltd., 3F, No. 68, Xihu Xincun, 
Xihu Community, Xianping Street, Tongan District, Xiamen, Fujian, China 
361111
Zhengzhou IRQ Trading Limited Company, Room 2402, 24th Floor, Building 
1# No. 40, Taoyuan Road, Erqi District Zhengzhou, Henan, China 450000
Zhengzhou Paiao Trade Co., Ltd., No. 602, Floor 6, Bldg. 3, South 
Hanghai Rd., West Gongren Rd., Zhongyuan Area, Zhengzhou, Henan, China 
450000

    (c) The Office of Unfair Import Investigations, U.S. International 
Trade Commission, 500 E Street SW., Suite 401, Washington, DC 20436; 
and
    (3) 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: December 17, 2015.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2015-32087 Filed 12-21-15; 8:45 am]
BILLING CODE 7020-02-P

79612 Federal Register / Vol. 80, No. 245 / Tuesday, December 22, 2015 / Notices

this investigation may be viewed on the (DO NOT FILE ON EDIS) on or before SUMMARY: Notice is hereby given that a
Commission’s electronic docket (EDIS) Monday, January 4, 2016. Parties in complaint was filed with the U.S.
at http://edis.usitc.gov. support of the imposition of International Trade Commission on
SUPPLEMENTARY INFORMATION: antidumping duties in this investigation November 17, 2015, under section 337
Background.—This investigation is and parties in opposition to the of the Tariff Act of 1930, as amended,
being instituted, pursuant to section imposition of such duties will each be 19 U.S.C. 1337, on behalf of FeraDyne
733(a) of the Tariff Act of 1930 (19 collectively allocated one hour within Outdoors LLC of Cartersville, Georgia
U.S.C. 1673b(a)), in response to a which to make an oral presentation at and Out RAGE LLC of Cartersville,
petition filed on December 16, 2015, by the conference. A nonparty who has Georgia. A supplement was filed on
Whirlpool Corporation, Benton Harbor, testimony that may aid the December 4, 2015. The complaint, as
Michigan. Commission’s deliberations may request supplemented, alleges violations of
For further information concerning permission to present a short statement section 337 based upon the importation
the conduct of this investigation and at the conference. into the United States, the sale for
rules of general application, consult the Written submissions.—As provided in importation, and the sale within the
Commission’s Rules of Practice and sections 201.8 and 207.15 of the United States after importation of
Procedure, part 201, subparts A and B Commission’s rules, any person may certain arrowheads with deploying
(19 CFR part 201), and part 207, submit to the Commission on or before blades and components thereof and
subparts A and B (19 CFR part 207). January 11, 2016, a written brief packaging therefor by reason of
containing information and arguments infringement of certain claims of U.S.
Participation in the investigation and
pertinent to the subject matter of the Patent No. RE44,144 (‘‘the ’144 patent’’);
public service list.—Persons (other than
investigation. Parties may file written U.S. Patent No. 6,517,454 (‘‘the ’454
petitioners) wishing to participate in the
testimony in connection with their patent’’); U.S. Patent No. 8,758,176 (‘‘the
investigation as parties must file an
presentation at the conference. If briefs ’176 patent’’); U.S. Patent No. 8,986,141
entry of appearance with the Secretary
or written testimony contain BPI, they (‘‘the ’141 patent’’); U.S. Patent No.
to the Commission, as provided in
must conform with the requirements of 9,068,806 (‘‘the ’806 patent’’); U.S.
sections 201.11 and 207.10 of the
sections 201.6, 207.3, and 207.7 of the Patent No. 7,771,298 (‘‘the ’298 patent’’);
Commission’s rules, not later than seven
Commission’s rules. Please consult the U.S. Patent No. D710,962 (‘‘the D’962
days after publication of this notice in
Commission’s rules, as amended, 76 FR patent’’); U.S. Patent No. D711,489 (‘‘the
the Federal Register. Industrial users 61937 (Oct. 6, 2011) and the
and (if the merchandise under D’489 patent’’); and of U.S. Trademark
Commission’s Handbook on Filing Registration No. 4,812,058 (‘‘the ’058
investigation is sold at the retail level) Procedures, 76 FR 62092 (Oct. 6, 2011),
representative consumer organizations mark’’). The complaint further alleges
available on the Commission’s Web site that an industry in the United States
have the right to appear as parties in at http://edis.usitc.gov.
Commission countervailing duty exists as required by subsection (a)(2) of
In accordance with sections 201.16(c)
investigations. The Secretary will section 337.
and 207.3 of the rules, each document
prepare a public service list containing filed by a party to the investigation must The complainants request that the
the names and addresses of all persons, be served on all other parties to the Commission institute an investigation
or their representatives, who are parties investigation (as identified by either the and, after the investigation, issue a
to this investigation upon the expiration public or BPI service list), and a general exclusion order and cease and
of the period for filing entries of certificate of service must be timely desist orders.
appearance. filed. The Secretary will not accept a ADDRESSES: The complaint, except for
Limited disclosure of business document for filing without a certificate any confidential information contained
proprietary information (BPI) under an of service. therein, is available for inspection
administrative protective order (APO) Authority: This investigation is being during official business hours (8:45 a.m.
and BPI service list.—Pursuant to conducted under authority of title VII of to 5:15 p.m.) in the Office of the
section 207.7(a) of the Commission’s the Tariff Act of 1930; this notice is Secretary, U.S. International Trade
rules, the Secretary will make BPI published pursuant to section 207.12 of Commission, 500 E Street SW., Room
gathered in this investigation available the Commission’s rules. 112, Washington, DC 20436, telephone
to authorized applicants representing By order of the Commission. (202) 205–2000. Hearing impaired
interested parties (as defined in 19
Issued: December 17, 2015. individuals are advised that information
U.S.C. 1677(9)) who are parties to the
Lisa R. Barton, on this matter can be obtained by
investigation under the APO issued in
Secretary to the Commission. contacting the Commission’s TDD
the investigation, provided that the
[FR Doc. 2015–32083 Filed 12–21–15; 8:45 am] terminal on (202) 205–1810. Persons
application is made not later than seven
with mobility impairments who will
days after the publication of this notice BILLING CODE 7020–02–P
need special assistance in gaining access
in the Federal Register. A separate
to the Commission should contact the
service list will be maintained by the
INTERNATIONAL TRADE Office of the Secretary at (202) 205–
Secretary for those parties authorized to
COMMISSION 2000. General information concerning
receive BPI under the APO.
the Commission may also be obtained
Conference.—The Commission’s [Investigation No. 337–TA–977]
by accessing its Internet server at http:
Director of Investigations has scheduled
Certain Arrowheads With Deploying //www.usitc.gov. The public record for
mstockstill on DSK4VPTVN1PROD with NOTICES

a conference in connection with this
Blades and Components Thereof and this investigation may be viewed on the
investigation for 9:30 a.m. on
Packaging Therefor; Institution of Commission’s electronic docket (EDIS)
Wednesday, January 6, 2016, at the U.S.
Investigation at http://edis.usitc.gov.
International Trade Commission
Building, 500 E Street SW., Washington, AGENCY: U.S. International Trade FOR FURTHER INFORMATION CONTACT: The
DC. Requests to appear at the conference Commission. Office of Unfair Import Investigations,
should be emailed to William.bishop@ U.S. International Trade Commission,
ACTION: Notice.
usitc.gov and Sharon.bellamy@usitc.gov telephone (202) 205–2560.

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Federal Register / Vol. 80, No. 245 / Tuesday, December 22, 2015 / Notices 79613

Authority: The authority for Fenghua, Ningbo, Zhejiang, China the respondent, to find the facts to be as
institution of this investigation is 315500 alleged in the complaint and this notice
contained in section 337 of the Tariff Ningbo Forever Best Import & Export and to enter an initial determination
Act of 1930, as amended, and in section Co. Ltd., Bldg. A1, Phase 1, Chuangye and a final determination containing
210.10 of the Commission’s Rules of Park, Economic Development Zone, such findings, and may result in the
Practice and Procedure, 19 CFR 210.10 Yixing, Jiangsu, China 214213 issuance of an exclusion order or a cease
(2015). Ningbo Linkboy Outdoor Sports Co., and desist order or both directed against
Scope of Investigation: Having Ltd., B1, 599 Qiming Road, Xiaying the respondent.
considered the complaint, the U.S. Town, Yinzhou District, Ningbo, By order of the Commission.
International Trade Commission, on Zhejiang, China 315000 Issued: December 17, 2015.
December 16, 2015, ordered that— Shenzhen Zowaysoon Trading Company Lisa R. Barton,
(1) Pursuant to subsection (b) of Ltd., Room 1309, Jiangshi Building,
Secretary to the Commission.
section 337 of the Tariff Act of 1930, as Xintian Road, Xintian Community,
[FR Doc. 2015–32087 Filed 12–21–15; 8:45 am]
amended, an investigation be instituted Fuyong St., Baoan Area, Shenzhen,
BILLING CODE 7020–02–P
to determine: China 518100
(a) Whether there is a violation of Xiamen Xinhongyou Industrial Trade
subsection (a)(1)(B) of section 337 in the Co. Ltd., No. 100, Qianzhaili, Pantu,
importation into the United States, the Xike, Tong’an Dist., Xiamen, Fujian,
China 361100 DEPARTMENT OF JUSTICE
sale for importation, or the sale within
the United States after importation of Xiamen Zhongxinyuan Industry & Trade Notice of Lodging of Proposed
certain arrowheads with deploying Ltd., 3F, No. 68, Xihu Xincun, Xihu Modification To Consent Decree Under
blades and components thereof and Community, Xianping Street, Tongan the Clean Water Act
packaging therefor by reason of District, Xiamen, Fujian, China
infringement of one or more of claims 361111 On December 15, 2015, a proposed
38, 42, 48, 68, and 75 of the ’144 patent; Zhengzhou IRQ Trading Limited Modification to the 2011 Consent
claims 1–3, 5, and 8 of the ’454 patent; Company, Room 2402, 24th Floor, Decree in Environment Rhode Island et
claims 1 and 3 of the ’176 patent; claims Building 1# No. 40, Taoyuan Road, al. and the United States and Rhode
1 and 8 of the ’141 patent; claims 1 and Erqi District Zhengzhou, Henan, Island v. City of Newport, Rhode Island,
3 of the ’806 patent; claims 1, 5, and 10 China 450000 Civil Action No. 08–265S, was filed
of the ’298 patent; the claim of the D’962 Zhengzhou Paiao Trade Co., Ltd., No. with the United States District Court for
patent; and the claim of the D’489 602, Floor 6, Bldg. 3, South Hanghai Rhode Island.
patent, and whether an industry in the Rd., West Gongren Rd., Zhongyuan On October 18, 2011, the Court
United States exists as required by Area, Zhengzhou, Henan, China entered the 2011 Consent Decree
subsection (a)(2) of section 337; 450000 between the parties resolving Plaintiffs’
(b) whether there is a violation of (c) The Office of Unfair Import claims that the City of Newport violated
subsection (a)(1)(C) of section 337 in the Investigations, U.S. International Trade the Clean Water Act (the ‘‘CWA’’), 33
importation into the United States, the Commission, 500 E Street SW., Suite U.S.C. 1319(b) and (d) resulting from
sale for importation, or the sale within 401, Washington, DC 20436; and Newport’s operation of its sewer system
the United States after importation of (3) For the investigation so instituted, and wastewater control plant. As part of
certain arrowheads with deploying the Chief Administrative Law Judge, the injunctive relief provisions of the
blades and components thereof and U.S. International Trade Commission, 2011 Consent Decree, Newport was
packaging therefor by reason of shall designate the presiding required to investigate the configuration
infringement of the ’058 mark, and Administrative Law Judge. of its sewer system and analyze
whether an industry in the United Responses to the complaint and the additional work needed to eliminate
States exists as required by subsection notice of investigation must be discharges of sanitary sewer waste and
(a)(2) of section 337; submitted by the named respondents in comply with the CWA. That portion of
(2) For the purpose of the accordance with section 210.13 of the the injunctive relief has been completed
investigation so instituted, the following Commission’s Rules of Practice and and the new information obtained
are hereby named as parties upon which Procedure, 19 CFR 210.13. Pursuant to during this investigation requires the
this notice of investigation shall be 19 CFR 201.16(e) and 210.13(a), such alteration of certain deadlines and types
served: responses will be considered by the of work contained in the 2011 Consent
(a) The complainants are: Commission if received not later than 20 Decree.
FeraDyne Outdoors LLC, 110 Beasley days after the date of service by the The publication of this notice opens
Road, Cartersville, Georgia 30120 Commission of the complaint and the a period for public comment on the
Out RAGE LLC, 110 Beasley Road, notice of investigation. Extensions of proposed Modification to the 2011
Cartersville, Georgia 30120 time for submitting responses to the Consent Decree. Comments should be
(b) The respondents are the following complaint and the notice of addressed to the Assistant Attorney
entities alleged to be in violation of investigation will not be granted unless General, Environment and Natural
section 337, and are the parties upon good cause therefor is shown. Resources Division, and should refer to:
which the complaint is to be served: Failure of a respondent to file a timely Environment Rhode Island et al. and the
mstockstill on DSK4VPTVN1PROD with NOTICES

Linyi Junxing Sports Equipment Co., response to each allegation in the United States and Rhode Island v. City
Ltd. (Northwest Corner of Lihang) complaint and in this notice may be of Newport, Rhode Island, Civil Action
Lihang, Industrial Park, Lanshan deemed to constitute a waiver of the No. 08–265S, D.J. Ref. 90–5–1–1–09855.
District, Linyi, Shandong, China right to appear and contest the All comments must be submitted no
276000 allegations of the complaint and this later than thirty (30) days after the
Ningbo Faith Sports Co., Ltd., No. 315 notice, and to authorize the publication date of this notice.
Yuelin Street, 55 Baofeng Road East, administrative law judge and the Comments may be submitted either by
East Suburb Development Zone, Commission, without further notice to email or by mail:

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Document Created: 2015-12-22 02:31:11
Document Modified: 2015-12-22 02:31:11

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice.
Contact		The Office of Unfair Import Investigations, U.S. International Trade Commission, telephone (202) 205-2560.
FR Citation		80 FR 79612