81 FR 41346 - Certain Inflatable Products With Tensioning Structures and Processes for Making the Same; Institution of Investigation

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 81, Issue 122 (June 24, 2016)

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on May 19, 2016, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Intex Recreation Corp. of Long Beach, California and Intex Marketing Ltd. of Tortola, British Virgin Islands. A supplement to the complaint was filed on June 1, 2016. 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 inflatable products with tensioning structures and processes for making the same by reason of infringement of certain claims of U.S. Patent No. 8,562,773 (``the '773 patent'') and U.S. Patent No. 9,156,203 (``the '203 patent''). 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 limited exclusion order and cease and desist orders.

[Federal Register Volume 81, Number 122 (Friday, June 24, 2016)]
[Notices]
[Pages 41346-41347]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-14946]


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

INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1009]


Certain Inflatable Products With Tensioning Structures and 
Processes for Making the Same; 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 May 19, 2016, under section 337 
of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
Intex Recreation Corp. of Long Beach, California and Intex Marketing 
Ltd. of Tortola, British Virgin Islands. A supplement to the complaint 
was filed on June 1, 2016. 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 inflatable products with tensioning 
structures and processes for making the same by reason of infringement 
of certain claims of U.S. Patent No. 8,562,773 (``the '773 patent'') 
and U.S. Patent No. 9,156,203 (``the '203 patent''). 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 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 (2015).

    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on June 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 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 inflatable 
products with tensioning structures and processes for making the same 
by reason of infringement of one or more of claims 1-5 of the '773 
patent and claims 1, 6-10, and 12-29 of the '203 patent, and whether an 
industry in the United States exists as required by subsection (a)(2) 
of section 337;
    (2) Notwithstanding any Commission Rules that would otherwise 
apply, the presiding Administrative Law Judge shall hold an early 
evidentiary hearing, find facts, and issue an early decision, as to 
whether the complainant has satisfied the economic prong of the 
domestic industry requirement. Any such decision shall be in the form 
of an initial determination (ID). Petitions for review of such an ID 
shall be due five calendar days after service of the ID; any replies 
shall be due three business days after service of a petition. The ID 
will become the Commission's final determination 30 days after the date 
of service of the ID unless the Commission determines to review the ID. 
Any such review will be conducted in accordance with Commission Rules 
210.43, 210.44, and 210.45, 19 CFR 210.43, 210.44, and 210.45. The 
Commission expects the issuance of an early ID relating to the economic 
prong of the domestic industry requirement within 100 days of

[[Page 41347]]

institution, except that the presiding ALJ may grant a limited 
extension of the ID for good cause shown. The issuance of an early ID 
finding that complainants do not satisfy the economic prong of the 
domestic industry requirement shall stay the investigation unless the 
Commission orders otherwise; any other decision shall not stay the 
investigation or delay the issuance of a final ID covering the other 
issues of the investigation.
    (3) 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:

Intex Recreation Corp., 4001 Via Oro Avenue, Long Beach, CA 90810
Intex Marketing Ltd., Wickham's Cay, P.O. Box 662, Road Town, Tortola, 
British Virgin Islands

    (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:

Bestway (USA), Inc., 3249 East Harbour Drive, Phoenix, AZ 85034
Bestway Global Holdings, Inc., No. 3065 Cao An Road, Shanghai 201812, 
China
Bestway (Hong Kong) International, Ltd., 66 Mody Road, Kowloon, Hong 
Kong
Bestway Inflatables & Materials Corporation, No. 3065 Cao An Road, 
Shanghai 201812, China
Bestway (Nantong) Recreation Corp., No. 8 Huimin West Road, Economic 
Development Zone, Rucheng Town, Nantong, Jiangsu 226503, China

    (c) The Office of Unfair Import Investigations, U.S. International 
Trade Commission, 500 E Street SW., Suite 401, Washington, DC 20436; 
and
    (4) 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: June 20, 2016.

Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2016-14946 Filed 6-23-16; 8:45 am]
 BILLING CODE 7020-02-P