81 FR 33548 - Certain Motorized Self-Balancing Vehicles; Notice of Institution of Investigation

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 81, Issue 102 (May 26, 2016)

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on March 22, 2016, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Razor USA LLC of Cerritos, California; Inventist, Inc. of Camas, Washington; and Shane Chen of Camas, Washington. Supplements to the complaint were filed on March 23, April 12 and 13, and May 5, 2016. The complaint 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 motorized self-balancing vehicles by reason of infringement of certain claims of U.S. Patent No. 8,738,278 (``the '278 patent'') and that an industry in the United States exists or is in the process of being established as required by subsection (a)(2) of section 337. The complaint further alleges violations of section 337 based on the importation into the United States, or in the sale of certain motorized self-balancing vehicles by reason of false advertising and misrepresentation and unfair competition, the threat or effect of which is to destroy or substantially injure an industry in the United States or to prevent the establishment of such an industry. The complainants request that the Commission institute an investigation and, after the investigation, issue a general exclusion order, or in the alternative a limited exclusion order, and cease and desist orders.

[Federal Register Volume 81, Number 102 (Thursday, May 26, 2016)]
[Notices]
[Pages 33548-33550]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-12372]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1000]


Certain Motorized Self-Balancing Vehicles; Notice of 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 March 22, 2016, under section 
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
Razor USA LLC of Cerritos, California; Inventist, Inc. of Camas, 
Washington; and Shane

[[Page 33549]]

Chen of Camas, Washington. Supplements to the complaint were filed on 
March 23, April 12 and 13, and May 5, 2016. The complaint 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 motorized self-balancing vehicles by 
reason of infringement of certain claims of U.S. Patent No. 8,738,278 
(``the '278 patent'') and that an industry in the United States exists 
or is in the process of being established as required by subsection 
(a)(2) of section 337. The complaint further alleges violations of 
section 337 based on the importation into the United States, or in the 
sale of certain motorized self-balancing vehicles by reason of false 
advertising and misrepresentation and unfair competition, the threat or 
effect of which is to destroy or substantially injure an industry in 
the United States or to prevent the establishment of such an industry.
    The complainants request that the Commission institute an 
investigation and, after the investigation, issue a general exclusion 
order, or in the alternative a limited 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.
    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 (2016).
    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on May 20, 2016, 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 motorized self-balancing vehicles by reason of infringement of 
one or more of claims 1-9 of the '278 patent, and whether an industry 
in the United States exists or is in the process of being established 
as required by subsection (a)(2) of section 337; and
    (b) whether there is a violation of subsection (a)(1)(A) of section 
337 in the importation into the United States, or in the sale of 
certain motorized self-balancing vehicles by reason of false 
advertising and misrepresentation and unfair competition, the threat or 
effect of which is to destroy or substantially injure an industry in 
the United States or to prevent the establishment of such an industry.
    (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:

Razor USA LLC, 12723 166th St., Cerritos, California 90703.
Inventist, Inc., 4901 NW Camas Meadows Drive, Camas, Washington 98607.
Shane Chen, 4901 NW. Camas Meadows Drive, Camas, Washington 98607.

    (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:

Alibaba Group Holding Ltd., c/o Alibaba Group Services Limited, 26/F 
Tower One, Times Square, 1 Matheson Street, Causeway Bay, Hong Kong.
Alibaba.com Ltd., 699 Wang Shang Road, Binjiang District, Hangzhou 
310052 China.
Hangzhou Chic Intelligent Technology Co., Ltd, 2/F, No. 2 Building, 
Liangzhu University Science and Technology Park, No. 1 Jingyi Road, 
Liangzhu, Hangzhou, 311112, China.
Contixo, 1910 S. Archibald Ave., Ste. A, Ontario, CA 91761.
ZTO Store a.k.a. ZTO Trading, Inc., 333 W. Garvey Ave., Ste. B-128, 
Monterey Park, CA 91754.
CyBoard LLC a.k.a. Shark Empire Inc., 675 W Broadway, Glendale, CA 
91204.
Genius Technologies a.k.a. Prime Capital, 755 East 31st Street, 
Hastings, MN 55033.
GyroGlyder.com, 1988 E. Alpine Ave., Stockton, CA 95205.
HoverTech, 1600 Worldwide Blvd., Hebron, KY 41048.
InMotion Entertainment Group LLC, 4801 Executive Park Court, Suite 100, 
Jacksonville, FL 32216.
Soibatian Corporation dba IO Hawk and dba Smart Wheels, 1125 E. 
Broadway #317, Glendale, CA 91205.
Jetson Electric Bikes LLC, 175 Varick Street, New York, NY 10014.
Joy Hoverboard, a.k.a. Huizhou Aoge, Enterprize Co. Ltd., Huizhou City, 
with its Pliasant Factory, Shuikou Subdistrict Office, Huizhou, 516005, 
China.
Shenzhen Kebe Technology Co., Ltd., 4th Floor, Building C, Honglianying 
T&S, Zone, Sili Road 286, Longhua District, Shenzhen, China.
Leray Group, 3/F., HiChina Mansion, No. 27 Gulouwai Avenue, Dongcheng 
District, Beijing 100120, China.
Modell's Sporting Goods, Inc., 498 7th Ave., 20th Floor, New York, NY 
10018.
Newegg.com Inc., 16839 East Gale Avenue, City of Industry, CA 91745.
PhunkeeDuck, Inc., 250 Jericho Turnpike, Floral Park, NY 11001.
Powerboard a.k.a. Optimum Trading Co., 1600 Worldwide Blvd., Hebron, KY 
41048.
Shareconn International, Inc., 9A Unit Q 32 Dong Kang Qiao Zi Jun, Buji 
Town, Shenzhen, Guangdong, China.
Shenzhen Chenduoxing Electronic Technology Ltd., 4/F, Block C11, Fuyuan 
Industrial City, Jiuwei, Xixiang, Bao'an Area, Shenzhen, Guangdong, 
China.
Shenzhen Jomo Technology Co., Ltd., Floor 4th and 7th, Caiyue Bldg., 
Meilong Road, Bao'an Dist., Shenzhen City, 518112, China.
Shenzhen R.M.T. Technology Co., Ltd., Rm. 711, Shangcheng Business 
Mansion, No. 73-1, Changjiangpu Road, He'ao, Henggang Street, Longgang 
Dist., Shenzhen, Guangdong, China.
Shenzhen Supersun Technology Co. Ltd., a.k.a. Aottom, Rm. 2308A, 2308B, 
International Cultural Building, Futian Road, Futian District, 
Shenzhen, Guangdong, China.
Skque Products, 12711 Ramona Blvd. Suite 105, Irwindale, CA 91706.
Spaceboard USA, 604 Oakmont Lane, Norcross, Georgia, 30093.
Swagway LLC, 3431 William Richardson Dr., Suite F, South Bend, IN 
46628.
Twizzle Hoverboard, 18193 Valley Blvd., La Puente, CA 91744.

[[Page 33550]]

Uwheels, 3007 N. Main St., Santa Ana, CA 92705.

    (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: May 20, 2016.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2016-12372 Filed 5-25-16; 8:45 am]
 BILLING CODE 7020-02-P