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)
Federal Register Volume 81, Issue 122 (June 24, 2016)
| Page Range | 41346-41347 | |
| FR Document | 2016-14946 |
[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
![41346 Federal Register / Vol. 81, No. 122 / Friday, June 24, 2016 / Notices
business days prior to the date of the Authority: These reviews are being terminal on (202) 205–1810. Persons
hearing. conducted under authority of title VII of the with mobility impairments who will
Written submissions.—Each party to Tariff Act of 1930; this notice is published need special assistance in gaining access
the reviews may submit a prehearing pursuant to section 207.62 of the to the Commission should contact the
brief to the Commission. Prehearing Commission’s rules.
Office of the Secretary at (202) 205–
briefs must conform with the provisions By order of the Commission. 2000. General information concerning
of section 207.65 of the Commission’s Issued: June 20, 2016. the Commission may also be obtained
rules; the deadline for filing is October Lisa R. Barton, by accessing its internet server at http://
19, 2016. Parties may also file written Secretary to the Commission. www.usitc.gov. The public record for
testimony in connection with their [FR Doc. 2016–14947 Filed 6–23–16; 8:45 am] this investigation may be viewed on the
presentation at the hearing, as provided Commission’s electronic docket (EDIS)
BILLING CODE 7020–02–P
in section 207.24 of the Commission’s at http://edis.usitc.gov.
rules, and posthearing briefs, which FOR FURTHER INFORMATION CONTACT: The
must conform with the provisions of INTERNATIONAL TRADE Office of Unfair Import Investigations,
section 207.67 of the Commission’s COMMISSION U.S. International Trade Commission,
rules. The deadline for filing telephone (202) 205–2560.
posthearing briefs is November 4, 2016. [Investigation No. 337–TA–1009]
In addition, any person who has not Authority: The authority for institution of
Certain Inflatable Products With this investigation is contained in section 337
entered an appearance as a party to the
Tensioning Structures and Processes of the Tariff Act of 1930, as amended, and
reviews may submit a written statement in section 210.10 of the Commission’s Rules
of information pertinent to the subject of for Making the Same; Institution of
of Practice and Procedure, 19 CFR 210.10
the reviews on or before November 4, Investigation (2015).
2016. On November 30, 2016, the AGENCY: U.S. International Trade
Commission will make available to Scope of Investigation: Having
Commission.
parties all information on which they considered the complaint, the U.S.
ACTION: Notice. International Trade Commission, on
have not had an opportunity to
comment. Parties may submit final SUMMARY: Notice is hereby given that a June 20, 2016, ordered that—
comments on this information on or (1) Pursuant to subsection (b) of
complaint was filed with the U.S.
before December 2, 2016, but such final section 337 of the Tariff Act of 1930, as
International Trade Commission on May
comments must not contain new factual amended, an investigation be instituted
19, 2016, under section 337 of the Tariff to determine whether there is a
information and must otherwise comply Act of 1930, as amended, 19 U.S.C.
with section 207.68 of the Commission’s violation of subsection (a)(1)(B) of
1337, on behalf of Intex Recreation section 337 in the importation into the
rules. All written submissions must Corp. of Long Beach, California and
conform with the provisions of section United States, the sale for importation,
Intex Marketing Ltd. of Tortola, British or the sale within the United States after
201.8 of the Commission’s rules; any Virgin Islands. A supplement to the
submissions that contain BPI must also importation of certain inflatable
complaint was filed on June 1, 2016. products with tensioning structures and
conform with the requirements of The complaint, as supplemented,
sections 201.6, 207.3, and 207.7 of the processes for making the same by reason
alleges violations of section 337 based of infringement of one or more of claims
Commission’s rules. The Commission’s upon the importation into the United
Handbook on E-Filing, available on the 1–5 of the ’773 patent and claims 1, 6–
States, the sale for importation, and the 10, and 12–29 of the ’203 patent, and
Commission’s Web site at http://
sale within the United States after whether an industry in the United
edis.usitc.gov, elaborates upon the
importation of certain inflatable States exists as required by subsection
Commission’s rules with respect to
products with tensioning structures and (a)(2) of section 337;
electronic filing.
Additional written submissions to the processes for making the same by reason (2) Notwithstanding any Commission
Commission, including requests of infringement of certain claims of U.S. Rules that would otherwise apply, the
pursuant to section 201.12 of the Patent No. 8,562,773 (‘‘the ’773 patent’’) presiding Administrative Law Judge
Commission’s rules, shall not be and U.S. Patent No. 9,156,203 (‘‘the ’203 shall hold an early evidentiary hearing,
accepted unless good cause is shown for patent’’). The complaint further alleges find facts, and issue an early decision,
accepting such submissions, or unless that an industry in the United States as to whether the complainant has
the submission is pursuant to a specific exists as required by subsection (a)(2) of satisfied the economic prong of the
request by a Commissioner or section 337. domestic industry requirement. Any
Commission staff. The complainants request that the such decision shall be in the form of an
In accordance with sections 201.16(c) Commission institute an investigation initial determination (ID). Petitions for
and 207.3 of the Commission’s rules, and, after the investigation, issue a review of such an ID shall be due five
each document filed by a party to the limited exclusion order and cease and calendar days after service of the ID; any
reviews must be served on all other desist orders. replies shall be due three business days
parties to the reviews (as identified by ADDRESSES: The complaint, except for after service of a petition. The ID will
either the public or BPI service list), and any confidential information contained become the Commission’s final
a certificate of service must be timely therein, is available for inspection determination 30 days after the date of
filed. The Secretary will not accept a during official business hours (8:45 a.m. service of the ID unless the Commission
document for filing without a certificate to 5:15 p.m.) in the Office of the determines to review the ID. Any such
sradovich on DSK3GDR082PROD with NOTICES
of service. Secretary, U.S. International Trade review will be conducted in accordance
The Commission has determined that Commission, 500 E Street SW., Room with Commission Rules 210.43, 210.44,
these reviews are extraordinarily 112, Washington, DC 20436, telephone and 210.45, 19 CFR 210.43, 210.44, and
complicated and therefore has (202) 205–2000. Hearing impaired 210.45. The Commission expects the
determined to exercise its authority to individuals are advised that information issuance of an early ID relating to the
extend the review period by up to 90 on this matter can be obtained by economic prong of the domestic
days pursuant to 19 U.S.C.1675(c)(5)(B). contacting the Commission’s TDD industry requirement within 100 days of
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![Federal Register / Vol. 81, No. 122 / Friday, June 24, 2016 / Notices 41347
institution, except that the presiding complaint and in this notice may be contacting the Commission’s TDD
ALJ may grant a limited extension of the deemed to constitute a waiver of the terminal on (202) 205–1810.
ID for good cause shown. The issuance right to appear and contest the
of an early ID finding that complainants SUPPLEMENTARY INFORMATION: The
allegations of the complaint and this
do not satisfy the economic prong of the Commission instituted this investigation
notice, and to authorize the
domestic industry requirement shall administrative law judge and the on May 11, 2016, based on a complaint
stay the investigation unless the Commission, without further notice to filed by Creative Technology Ltd. of
Commission orders otherwise; any other the respondent, to find the facts to be as Singapore and Creative Labs, Inc. of
decision shall not stay the investigation alleged in the complaint and this notice Milpitas, California (collectively,
or delay the issuance of a final ID and to enter an initial determination ‘‘Creative’’). 81 Fed. Reg. 29307–08. The
covering the other issues of the and a final determination containing complaint alleges violations of section
investigation. such findings, and may result in the 337 of the Tariff Act of 1930, as
(3) For the purpose of the issuance of an exclusion order or a cease amended (19 U.S.C. 1337), in the
investigation so instituted, the following and desist order or both directed against importation, sale for importation, and
are hereby named as parties upon which the respondent. sale after importation of certain portable
this notice of investigation shall be electronic devices and components
By order of the Commission. thereof that infringe certain claims of
served:
(a) The complainants are: Issued: June 20, 2016. U.S. Patent No. 6,928,433. Id. at 29307.
Intex Recreation Corp., 4001 Via Oro Lisa R. Barton, The notice of investigation named as
Avenue, Long Beach, CA 90810 Secretary to the Commission. respondents ZTE Corporation of
Intex Marketing Ltd., Wickham’s Cay, [FR Doc. 2016–14946 Filed 6–23–16; 8:45 am] Guangdong, China; ZTE (USA) Inc. of
P.O. Box 662, Road Town, Tortola, BILLING CODE 7020–02–P
Richardson, Texas; Sony Corporation of
British Virgin Islands Tokyo, Japan; Sony Mobile
(b) The respondents are the following Communications, Inc. of Tokyo, Japan;
entities alleged to be in violation of INTERNATIONAL TRADE Sony Mobile Communications AB of
section 337, and are the parties upon COMMISSION Lund, Sweden; Sony Mobile
which the complaint is to be served: Communications (USA), Inc. of Atlanta,
Bestway (USA), Inc., 3249 East Harbour [Investigation No. 337–TA–994] Georgia; Samsung Electronics Co., Ltd.
Drive, Phoenix, AZ 85034 of Seoul, Republic of Korea; Samsung
Bestway Global Holdings, Inc., No. 3065 Certain Portable Electronic Devices Electronics America, Inc. of Ridgefield
Cao An Road, Shanghai 201812, and Components Thereof; Notice of Park, New Jersey; LG Electronics, Inc. of
China Commission Determination Not To Seoul, Republic of Korea; LG Electronics
Bestway (Hong Kong) International, Review an Initial Determination U.S.A., Inc. of Englewood Cliffs, New
Ltd., 66 Mody Road, Kowloon, Hong Granting Intervenor Status to Google, Jersey; LG Electronics Mobilecomm
Kong Inc. U.S.A. Inc. of San Diego, California;
Bestway Inflatables & Materials Lenovo Group Ltd. of Beijing, China;
AGENCY: U.S. International Trade
Corporation, No. 3065 Cao An Road, Lenovo (United States) Inc. of
Commission.
Shanghai 201812, China Morrisville, North Carolina; Motorola
Bestway (Nantong) Recreation Corp., ACTION: Notice. Mobility LLC of Chicago, Illinois; HTC
No. 8 Huimin West Road, Economic Corporation of Taiwan; HTC America,
SUMMARY: Notice is hereby given that
Development Zone, Rucheng Town, Inc. of Bellevue, Washington;
the U.S. International Trade
Nantong, Jiangsu 226503, China Blackberry Ltd. of Waterloo, Ontario,
Commission has determined not to
(c) The Office of Unfair Import review an initial determination (‘‘ID’’) Canada; and Blackberry Corporation of
Investigations, U.S. International Trade (Order No. 5) granting intervenor status Irving, Texas. Id. at 29307–08. The
Commission, 500 E Street SW., Suite to Google Inc. notice also named the Office of Unfair
401, Washington, DC 20436; and Import Investigations as a party. Id. at
(4) For the investigation so instituted, FOR FURTHER INFORMATION CONTACT: 29308.
the Chief Administrative Law Judge, Robert Needham, Office of the General
Counsel, U.S. International Trade On May 13, 2016, Google Inc.
U.S. International Trade Commission, (‘‘Google’’) moved to intervene as a
shall designate the presiding Commission, 500 E Street SW.,
Washington, DC 20436, telephone (202) party in the investigation on the
Administrative Law Judge. grounds that Creative’s allegations
Responses to the complaint and the 708–5468. Copies of non-confidential
documents filed in connection with this involve the functionality of Google’s
notice of investigation must be
investigation are or will be available for Play Music application, and Google has
submitted by the named respondents in
inspection during official business an interest in defending its application.
accordance with section 210.13 of the
hours (8:45 a.m. to 5:15 p.m.) in the On May 19, 2016, the Commission
Commission’s Rules of Practice and
Office of the Secretary, U.S. Investigative Attorney filed a response
Procedure, 19 CFR 210.13. Pursuant to
19 CFR 201.16(e) and 210.13(a), such International Trade Commission, 500 E supporting Google’s Motion. Creative
responses will be considered by the Street SW., Washington, DC 20436, stated that it would not respond to the
Commission if received not later than 20 telephone (202) 205–2000. General motion, and no other responses were
days after the date of service by the information concerning the Commission filed.
Commission of the complaint and the may also be obtained by accessing its On May 19, 2016, the ALJ granted the
sradovich on DSK3GDR082PROD with NOTICES
notice of investigation. Extensions of Internet server (http://www.usitc.gov). motion and issued the subject ID. He
time for submitting responses to the The public record for this investigation found that the motion complied with 19
complaint and the notice of may be viewed on the Commission’s CFR 210.19 and Federal Rule of Civil
investigation will not be granted unless electronic docket (EDIS) at http:// Procedure 24, and thus granted Google
good cause therefor is shown. edis.usitc.gov. Hearing-impaired intervenor status will full participation
Failure of a respondent to file a timely persons are advised that information on rights as a party. No petitions for review
response to each allegation in the this matter can be obtained by of the subject ID were filed.
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Document Created: 2016-06-24 00:53:02
Document Modified: 2016-06-24 00:53:02
| 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 | 81 FR 41346 |
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