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)

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, 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.

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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