81 FR 64936 - Certain Personal Transporters and Components Thereof Institution of Investigation
INTERNATIONAL TRADE COMMISSION Federal Register Volume 81, Issue 183 (September 21, 2016)
Federal Register Volume 81, Issue 183 (September 21, 2016)
| Page Range | 64936-64937 | |
| FR Document | 2016-22758 |
[Federal Register Volume 81, Number 183 (Wednesday, September 21, 2016)] [Notices] [Pages 64936-64937] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-22758] ======================================================================= ----------------------------------------------------------------------- INTERNATIONAL TRADE COMMISSION [Investigation No. 337-TA-1021] Certain Personal Transporters and Components Thereof 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 August 16, 2016, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Segway Inc. of Bedford, New Hampshire; DEKA Products Limited Partnership of Manchester, New Hampshire; and Ninebot (Tianjin) Technology Co., Ltd. of China. A supplement to the complaint was filed on September 2, 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 personal transporters and components thereof by reason of infringement of U.S. Patent No. 6,302,230 (``the '230 patent'') and U.S. Patent No. 7,275,607 (``the '607 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 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 https://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 September 15, 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 personal transporters and components thereof by reason of infringement of one or more of claims 1, 3, and 4 of the '230 patent and claims 1-4 and 6 of the '607 patent, and whether an industry in the United States exists as required by subsection (a)(2) of section 337; [[Page 64937]] (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: Segway Inc., 14 Technology Drive, Bedford, NH 03110 DEKA Products Limited Partnership, 340 Commercial Street, Suite 401, Manchester, NH 03101 Ninebot (Tianjin) Technology Co., Ltd., Building 9, Jiasuqi, Tianrui Road, Science and Technology Park Center, Auto Industrial Park, Wuqing, Tianjin, China (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: Powerboard LLC, 9363 E Bahia Drive, Scottsdale, AZ 85260 Metem Teknoloji Sistemleri San, Necatibey Cad. No: 61, Karak[ouml]y, Istanbul, Turkey Changzhou Airwheel Technology Co., Ltd., Fl. 9 Zhongchuang Building, No. 396 Tongjiang Road, Xinbei District, Changzhou, Jiangsu, China Airwheel, Kabelweg 43 1014 BA, Amsterdam, Netherlands Nanjing Fastwheel Intelligent Technology Co., Ltd., C2-1 Hongfeng Science & Technology Park, Qixia District, Nanjing, China Shenzhen Chenduoxing Electronic, Technology Ltd., China, a.k.a. C-Star, 4F, block C11, Fuyuan Industrial Area, Jiuwei, Xixiang, Bao'an, Shenzhen, China Hangzhou Chic Intelligent Technology Co., Ltd., 2/F, No. 2 Building, Liangzhu University, Science and Technology Park, No. 1 Jingyi Road, Hangzhou, 311112, China Hovershop, 330 East Orange Thorpe Avenue, Suite K, Placentia, CA 92871 Shenzhen Jomo Technology Co., Ltd., a.k.a. Koowheel, Floor 4th and 7th, Caiyue Building, Meilong Road, Bao'an District, Shenzhen City, 518112, China Guanghzou Kebye Electronic Technology Co., Ltd., a.k.a. Gotway, A2, 2nd Floor, Building 39, Dayangtian Industry Park, Wanfeng, No. 56, Fengtang Road, Bao'an District, Shenzhen, China Inventist, Inc., 4901 NW Camas Meadows Drive, Camas, WA 98607 (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 Honorable David P. Shaw is designated as the presiding Administrative Law Judge. The Commission has determined to assign this investigation to Judge Shaw, who is the presiding administrative law judge in Certain Personal Transporters, Components Thereof, and Packaging and Manuals Therefor, Inv. No. 337-TA-1007, and hereby directs Judge Shaw to consolidate the two proceedings in view of the overlapping general exclusion orders requested in the two investigations. 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: September 15, 2016. Lisa R. Barton, Secretary to the Commission. [FR Doc. 2016-22758 Filed 9-20-16; 8:45 am] BILLING CODE 7020-02-P
![64936 Federal Register / Vol. 81, No. 183 / Wednesday, September 21, 2016 / Notices
compact is approved. See 25 U.S.C. Group regarding priority information components thereof by reason of
2710(d)(8)(A). needs for management decisions across infringement of U.S. Patent No.
Dated: September 13, 2016. the North Slope of Alaska. These 6,302,230 (‘‘the ’230 patent’’) and U.S.
Lawrence S. Roberts,
priority information needs may include Patent No. 7,275,607 (‘‘the ’607 patent’’).
recommendations on inventory, The complaint further alleges that an
Acting Assistant Secretary—Indian Affairs.
monitoring, and research activities that industry in the United States exists as
[FR Doc. 2016–22649 Filed 9–20–16; 8:45 am] contribute to informed resource required by subsection (a)(2) of section
BILLING CODE 4337–15–P management decisions. This meeting 337.
will include discussion and The complainants request that the
prioritization of recommendations from Commission institute an investigation
DEPARTMENT OF THE INTERIOR the scenario development project, and, after the investigation, issue a
Bureau of Land Management emerging issues papers and the May general exclusion order, or in the
2016 Barrow Workshop. Individuals alternative a limited exclusion order,
[16X LLAK910000.L13100000.DB0000. who plan to attend and need special and cease and desist orders.
LXSINSSI0000] assistance, such as sign language ADDRESSES: The complaint, except for
interpretation, transportation, or other any confidential information contained
Notice of Public Meeting, North Slope reasonable accommodations, should
Science Initiative—Science Technical therein, is available for inspection
contact the Acting NSSI Deputy during official business hours (8:45 a.m.
Advisory Panel Director. The public may present to 5:15 p.m.) in the Office of the
AGENCY: Bureau of Land Management written comments to the STAP through Secretary, U.S. International Trade
Alaska, North Slope Science Initiative, the NSSI Acting Deputy Director. Before Commission, 500 E Street SW., Room
Interior. including your address, phone number, 112, Washington, DC 20436, telephone
ACTION: Notice of public meeting. email address, or other personal (202) 205–2000. Hearing impaired
identifying information in your individuals are advised that information
SUMMARY: In accordance with the comment, you should be aware that on this matter can be obtained by
Federal Land Policy and Management your entire comment—including your contacting the Commission’s TDD
Act and the Federal Advisory personal identifying information—may terminal on (202) 205–1810. Persons
Committee Act, the U.S. Department of be made publicly available. While you with mobility impairments who will
the Interior, North Slope Science can ask us in your comment to withhold need special assistance in gaining access
Initiative (NSSI)—Science Technical your personal identifying information to the Commission should contact the
Advisory Panel (STAP) will meet as from public review, we cannot Office of the Secretary at (202) 205–
indicated below. guarantee that we will be able to do so. 2000. General information concerning
DATES: The meeting will be held the Commission may also be obtained
Steve Cohn,
October 6 and 7, 2016, in Anchorage, by accessing its internet server at
Acting State Director.
Alaska. The meeting will be held in the https://www.usitc.gov. The public
[FR Doc. 2016–22701 Filed 9–20–16; 8:45 am]
Training Room at the Bureau of Land record for this investigation may be
Management, Anchorage District Office, BILLING CODE 4310–JA–P
viewed on the Commission’s electronic
4700 BLM Road, Anchorage, Alaska docket (EDIS) at http://edis.usitc.gov.
99507. On Thursday October 6, the FOR FURTHER INFORMATION CONTACT: The
meeting will begin at 9 a.m. and end at INTERNATIONAL TRADE Office of Unfair Import Investigations,
4:30 p.m., and on Friday October 7, it COMMISSION U.S. International Trade Commission,
will begin at 9 a.m. and end at 3:30 p.m. [Investigation No. 337–TA–1021] telephone (202) 205–2560.
There will be an opportunity for public
Authority: The authority for institution of
comment on Thursday, October 6 from Certain Personal Transporters and this investigation is contained in section 337
4–4:30 p.m. Depending on the number Components Thereof Institution of of the Tariff Act of 1930, as amended, and
of persons wishing to comment and Investigation in section 210.10 of the Commission’s Rules
time available, the time for individual of Practice and Procedure, 19 CFR 210.10
AGENCY: U.S. International Trade
oral comments may be limited. (2016).
Commission.
FOR FURTHER INFORMATION CONTACT: Scope of Investigation: Having
ACTION: Notice.
Scott Guyer, Acting Deputy Director, considered the complaint, the U.S.
North Slope Science Initiative, Bureau SUMMARY: Notice is hereby given that a International Trade Commission, on
of Land Management, 222 W. Seventh complaint was filed with the U.S. September 15, 2016, Ordered That—
Avenue, #13, Anchorage, AK 99513, International Trade Commission on (1) Pursuant to subsection (b) of
(907) 271–3284 or email sguyer@ August 16, 2016, under section 337 of section 337 of the Tariff Act of 1930, as
blm.gov. Persons who use a the Tariff Act of 1930, as amended, 19 amended, an investigation be instituted
telecommunications device for the deaf U.S.C. 1337, on behalf of Segway Inc. of to determine whether there is a
(TDD) may call the Federal Information Bedford, New Hampshire; DEKA violation of subsection (a)(1)(B) of
Relay Service (FIRS) at 1–800–877–8339 Products Limited Partnership of section 337 in the importation into the
to contact the above individual during Manchester, New Hampshire; and United States, the sale for importation,
normal business hours. The FIRS is Ninebot (Tianjin) Technology Co., Ltd. or the sale within the United States after
available 24 hours a day, seven days a of China. A supplement to the importation of certain personal
mstockstill on DSK3G9T082PROD with NOTICES
week, to leave a message or question complaint was filed on September 2, transporters and components thereof by
with the above individual. You will 2016. The complaint alleges violations reason of infringement of one or more of
receive a reply during normal business of section 337 based upon the claims 1, 3, and 4 of the ’230 patent and
hours. importation into the United States, the claims 1–4 and 6 of the ’607 patent, and
SUPPLEMENTARY INFORMATION: The NSSI sale for importation, and the sale within whether an industry in the United
STAP provides advice and the United States after importation of States exists as required by subsection
recommendations to the NSSI Oversight certain personal transporters and (a)(2) of section 337;
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![Federal Register / Vol. 81, No. 183 / Wednesday, September 21, 2016 / Notices 64937
(2) For the purpose of the The Commission has determined to Registration AS3236406, pursuant to
investigation so instituted, the following assign this investigation to Judge Shaw, which he is authorized to dispense
are hereby named as parties upon which who is the presiding administrative law controlled substances in schedules II
this notice of investigation shall be judge in Certain Personal Transporters, through V as a practitioner, on the
served: Components Thereof, and Packaging ground that he does not have authority
(a) The complainants are: and Manuals Therefor, Inv. No. 337– to handle controlled substances in
Segway Inc., 14 Technology Drive, TA–1007, and hereby directs Judge Wisconsin, the State in which he is
Bedford, NH 03110 Shaw to consolidate the two registered with the Agency. Order to
DEKA Products Limited Partnership, proceedings in view of the overlapping Show Cause, at 1 (citing 21 U.S.C. 823(f)
340 Commercial Street, Suite 401, general exclusion orders requested in and 824(a)(3)).
Manchester, NH 03101 the two investigations. The Show Cause Order alleged that
Ninebot (Tianjin) Technology Co., Ltd., Responses to the complaint and the Respondent is registered as a DATA-
Building 9, Jiasuqi, Tianrui Road, notice of investigation must be waived/100 practitioner pursuant to
Science and Technology Park Center, submitted by the named respondents in Certificate of Registration No.
Auto Industrial Park, Wuqing, accordance with section 210.13 of the AS3236406, with authority to handle
Tianjin, China Commission’s Rules of Practice and controlled substances in schedules II
(b) The respondents are the following Procedure, 19 CFR 210.13. Pursuant to through V, at the registered address of
entities alleged to be in violation of 19 CFR 201.16(e) and 210.13(a), such P.O. Box 1450, 3200 Western Avenue,
section 337, and are the parties upon responses will be considered by the Manitowoc, Wisconsin. Id. The Order
which the complaint is to be served: Commission if received not later than 20 also alleged that Respondent’s
days after the date of service by the registration does not expire until
Powerboard LLC, 9363 E Bahia Drive,
Commission of the complaint and the February 28, 2017. Id.
Scottsdale, AZ 85260 The Show Cause Order then alleged
Metem Teknoloji Sistemleri San, notice of investigation. Extensions of
time for submitting responses to the that State of Wisconsin Medical
Necatibey Cad. No: 61, Karaköy, Examining Board (hereinafter, Board)
Istanbul, Turkey complaint and the notice of
investigation will not be granted unless issued an order suspending
Changzhou Airwheel Technology Co., Respondent’s authority to practice
Ltd., Fl. 9 Zhongchuang Building, No. good cause therefor is shown.
Failure of a respondent to file a timely medicine and surgery, effective October
396 Tongjiang Road, Xinbei District, 21, 2015. Id. The Show Cause Order
Changzhou, Jiangsu, China response to each allegation in the
complaint and in this notice may be thus asserted that ‘‘DEA must revoke
Airwheel, Kabelweg 43 1014 BA, [Respondent’s registration] based upon
Amsterdam, Netherlands deemed to constitute a waiver of the
right to appear and contest the [his] lack of authority to handle
Nanjing Fastwheel Intelligent controlled substances in the State of
Technology Co., Ltd., C2–1 Hongfeng allegations of the complaint and this
Wisconsin.’’ Id. (citing 21 U.S.C.
Science & Technology Park, Qixia notice, and to authorize the
802(21), 823(f) and 824(a)(3)). The Show
District, Nanjing, China administrative law judge and the
Cause Order also notified Respondent of
Shenzhen Chenduoxing Electronic, Commission, without further notice to
his right to request a hearing on the
Technology Ltd., China, a.k.a. C-Star, the respondent, to find the facts to be as
allegations or to submit a written
4F, block C11, Fuyuan Industrial alleged in the complaint and this notice
statement while waiving his right to a
Area, Jiuwei, Xixiang, Bao’an, and to enter an initial determination
hearing, the procedure for electing
Shenzhen, China and a final determination containing
either option, and the consequence of
Hangzhou Chic Intelligent Technology such findings, and may result in the
failing to electing either option. Id. at 2
Co., Ltd., 2/F, No. 2 Building, issuance of an exclusion order or a cease (citing 21 CFR 1301.43).
Liangzhu University, Science and and desist order or both directed against On March 7, 2016, Respondent,
Technology Park, No. 1 Jingyi Road, the respondent. through his counsel, requested a hearing
Hangzhou, 311112, China By order of the Commission. on the allegations of the Show Cause
Hovershop, 330 East Orange Thorpe Issued: September 15, 2016. Order. Resp.’s Hrng. Req., at 1. In his
Avenue, Suite K, Placentia, CA 92871 Lisa R. Barton, hearing request, Respondent conceded
Shenzhen Jomo Technology Co., Ltd., that his state license had been
Secretary to the Commission.
a.k.a. Koowheel, Floor 4th and 7th, summarily suspended, but argued that
[FR Doc. 2016–22758 Filed 9–20–16; 8:45 am]
Caiyue Building, Meilong Road, 21 U.S.C. 824(a)(3) does not require that
Bao’an District, Shenzhen City, BILLING CODE 7020–02–P
DEA revoke a registration if the
518112, China practitioner has had his state license
Guanghzou Kebye Electronic suspended. Id. at 2. He also requested a
Technology Co., Ltd., a.k.a. Gotway, DEPARTMENT OF JUSTICE stay of the proceeding until after the
A2, 2nd Floor, Building 39, resolution of the Board’s case. Id.
Dayangtian Industry Park, Wanfeng, Drug Enforcement Administration The matter was placed on the docket
No. 56, Fengtang Road, Bao’an of the Office of Administrative Law
Charles Szyman, D.O.; Decision and
District, Shenzhen, China Judges, and assigned to the Chief
Inventist, Inc., 4901 NW Camas Order
Administrative Law Judge (hereinafter,
Meadows Drive, Camas, WA 98607 On February 10, 2016, the Deputy CALJ). Order Directing the Filing of
(c) The Office of Unfair Import Assistant Administrator, Office of Government Evidence of Lack of State
mstockstill on DSK3G9T082PROD with NOTICES
Investigations, U.S. International Trade Diversion Control, Drug Enforcement Authority Allegation and Briefing
Commission, 500 E Street SW., Suite Administration (DEA), issued an Order Schedule, at 1. The same day, the CALJ
401, Washington, DC 20436; and to Show Cause to Charles Szyman, D.O. issued an order directing the
(3) For the investigation so instituted, (hereinafter, Respondent), of Government to ‘‘provide its position
the Honorable David P. Shaw is Manitowoc, Wisconsin. The Show regarding the Respondent’s request for a
designated as the presiding Cause Order proposed the revocation of stay’’ and to file evidence to support its
Administrative Law Judge. Respondent’s DEA Certificate of allegation of Respondent’s lack of state
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Document Created: 2016-09-21 01:31:13
Document Modified: 2016-09-21 01:31:13
| 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 64936 |
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