81_FR_70900 81 FR 70702 - Certain Arrowheads With Deploying Blades and Components Thereof and Packaging Therefor; Commission Decision To Review in Part an Initial Determination Granting Complainants' Motion for Summary Determination of a Violation of Section 337; Request for Submissions

81 FR 70702 - Certain Arrowheads With Deploying Blades and Components Thereof and Packaging Therefor; Commission Decision To Review in Part an Initial Determination Granting Complainants' Motion for Summary Determination of a Violation of Section 337; Request for Submissions

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 81, Issue 198 (October 13, 2016)

Page Range70702-70704
FR Document2016-24719

Notice is hereby given that the U.S. International Trade Commission has determined to review in part an initial determination (``ID'') (Order No. 10) of the presiding administrative law judge (``ALJ'') granting complainants' motion for summary determination of a violation of section 337. The Commission also requests written submissions regarding remedy, bonding, and the public interest.

Federal Register, Volume 81 Issue 198 (Thursday, October 13, 2016)
[Federal Register Volume 81, Number 198 (Thursday, October 13, 2016)]
[Notices]
[Pages 70702-70704]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-24719]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-977]


Certain Arrowheads With Deploying Blades and Components Thereof 
and Packaging Therefor; Commission Decision To Review in Part an 
Initial Determination Granting Complainants' Motion for Summary 
Determination of a Violation of Section 337; Request for Submissions

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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

SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined to review in part an initial determination 
(``ID'') (Order No. 10) of the presiding administrative law judge 
(``ALJ'') granting complainants' motion for summary determination of a 
violation of section 337. The Commission also requests written 
submissions regarding remedy, bonding, and the public interest.

FOR FURTHER INFORMATION CONTACT: Clint Gerdine, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street SW., 
Washington, DC 20436, telephone (202) 708-2310. Copies of non-
confidential documents filed in connection with this investigation are 
or will be 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., Washington, DC 20436, 
telephone (202) 205-2000. General information concerning the Commission 
may also be obtained by accessing its

[[Page 70703]]

Internet server at https://www.usitc.gov. The public record for this 
investigation may be viewed on the Commission's electronic docket 
(EDIS) at https://edis.usitc.gov. Hearing-impaired persons are advised 
that information on this matter can be obtained by contacting the 
Commission's TDD terminal on (202) 205-1810.

SUPPLEMENTARY INFORMATION: The Commission instituted this investigation 
on December 22, 2015, based on a complaint filed on behalf of FeraDyne 
Outdoors LLC and Out RAGE LLC, both of Cartersville, Georgia. 80 FR 
79612-13. The complaint, as supplemented, alleges violations of section 
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, 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 
Nos. RE44,144; 6,517,454 (``the '454 patent''); 8,758,176 (``the '176 
patent''); 8,986,141 (``the '141 patent''); 9,068,806 (``the '806 
patent''); 7,771,298 (``the '298 patent''); D710,962; D711,489; and of 
U.S. Trademark Registration No. 4,812,058. The complaint further 
alleges the existence of a domestic industry. The Commission's notice 
of investigation named the following nine respondents: Linyi Junxing 
Sports Equipment Co., Ltd. (``Junxing Sports'') of Shandong, China; 
Ningbo Faith Sports Co., Ltd. (``Faith Sports''), Ningbo Forever Best 
Import & Export Co., Ltd. (``Forever Best''), and Ningbo Linkboy 
Outdoor Sports Co., Ltd. (``Linkboy Outdoor''), all of Zhejiang, China; 
Shenzhen Zowaysoon Trading Company Ltd. (``Zowaysoon Trading'') of 
Shenzhen, China; Xiamen Xinhongyou Industrial Trade Co. Ltd. 
(``Xinhongyou Industrial'') and Xiamen Zhongxinyuan Industry & Trade 
Ltd. (``Zhongxinyuan Industry''), both of Fujian, China; and Zhengzhou 
IRQ Trading Limited Company (``IRQ Trading'') and Zhengzhou Paiao Trade 
Co., Ltd. (``Paiao Trade''), both of Henan, China. The Office of Unfair 
Import Investigations (``OUII'') is also a party to the investigation.
    On April 28, 2016, complainants filed a motion for summary 
determination of a violation of section 337 pursuant to Commission Rule 
210.16(c)(2) to support its request for entry of a general exclusion 
order with respect to all asserted intellectual property. OUII filed a 
response in support of the motion.
    On May 10, 2016, the Commission issued notice of its determination 
not to review the ALJ's ID (Order No. 6) finding the following seven 
respondents in default: Junxing Sports, Forever Best, Linkboy Outdoor, 
Zowaysoon Trading, Zhongxinyuan Industry, IRQ Trading, and Paiao Trade. 
On June 23, 2016, the Commission issued notice of its determination not 
to review the ALJ's ID (Order No. 8) finding Xinhongyou Industrial in 
default. On June 28, 2016, the Commission issued notice of its 
determination not to review the ALJ's ID (Order No. 9) terminating the 
investigation as to (1) Faith Sports based on withdrawal of the 
complaint as to Faith Sports; and (2) claims 2-3, 5, and 8 of the '545 
patent; claims 5 and 10 of the '298 patent; claim 3 of the '176 patent; 
claim 8 of the '141 patent; and claim 3 of the '806 patent based on 
withdrawal of these patent claims against all named respondents.
    The ALJ issued the subject ID on August 22, 2016, granting 
complainants' motion for summary determination. The ALJ found that all 
defaulting respondents met the importation requirement and that 
complainants satisfied the domestic industry requirement. See 19 U.S.C. 
1337(a)(1)(B), (a)(2). The ID finds that a violation of section 337 has 
occurred based on its finding that each of the defaulting respondents' 
accused products infringe one or more of the asserted claims of the 
patents at issue and infringe the trademark at issue as established by 
substantial, reliable, and probative evidence in accordance with 
Commission Rule 210.16(c)(2). The ID also contained the ALJ's 
recommended determination on remedy and bonding. The ALJ recommended 
issuance of a general exclusion order with respect to the asserted 
intellectual property, but did not recommend issuance of cease and 
desist orders directed against the defaulting respondents. No petitions 
for review were filed.
    Having examined the record of this investigation, the Commission 
has determined to review in part the subject ID. Specifically, the 
Commission has determined to review: (1) The ID's finding that 
complainants satisfy the economic prong of the domestic industry 
requirement under section 337(a)(3)(C) with respect to all asserted 
patents and the asserted trademark; and (2) the ID's finding that the 
Commission has personal jurisdiction over all defaulting respondents. 
The Commission also corrects typographical errors on pages 14, 18, and 
24 of the subject ID. The last two sentences of the first full 
paragraph on page 14 are deleted (i.e., beginning with ``In this 
investigation . . .''), and the two references to claim 32 of the '144 
patent on pages 18 and 24 are corrected to reference claim 38 of the 
'144 patent. The Commission has determined not to review the remainder 
of the ID. On review with respect to issue (1), the Commission has 
determined to take no position on the ID's finding that complainants 
satisfy the economic prong of the domestic industry requirement under 
section 337(a)(3)(C) with respect to all asserted patents and the 
asserted trademark. On review with respect to issue (2), the Commission 
has determined to modify the ID and adds the following sentence on page 
8 of the ID (before the sentence beginning with ``It is therefore found 
. . .''):

    Also, there is a sufficient connection between the defaulting 
respondents and the United States to make it fair to require them to 
defend the action at the Commission. See Mot. at 8-11, 66-68 (citing 
Certain Agricultural Tractors, Lawn Tractors, Riding Lawnmowers, and 
Components Thereof, Inv. No. 337-TA-486, Comm'n Op., 2003 WL 
22147635, at *12 (July 1, 2003)).

    As noted above, eight respondents were found in default. Section 
337(g) and Commission Rule 210.16(c) authorize the Commission to order 
relief against respondents found in default unless, after considering 
the public interest, it finds that such relief should not issue. Before 
the ALJ, complainants sought a general exclusion order under section 
337(g)(2) and cease and desist orders directed against the defaulting 
respondents. Because a general exclusion order is sought, complainants 
are required to establish that a violation of section 337 has occurred 
by substantive, reliable, and probative evidence pursuant to Commission 
Rule 210.16(c)(2).
    In connection with the final disposition of this investigation, the 
Commission may (1) issue an order that could result in the exclusion of 
the subject articles from entry into the United States, and/or (2) 
issue one or more cease and desist orders that could result in the 
respondent(s) being required to cease and desist from engaging in 
unfair acts in the importation and sale of such articles. Accordingly, 
the Commission is interested in receiving written submissions that 
address the form of remedy, if any, that should be ordered. If a party 
seeks exclusion of an article from entry into the United States for 
purposes other than entry for consumption, the party should so indicate 
and provide information establishing that activities involving other 
types of entry either are adversely affecting it or likely to do so. 
For background, see Certain Devices for Connecting Computers via 
Telephone

[[Page 70704]]

Lines, Inv. No. 337-TA-360, USITC Pub. No. 2843, Comm'n Op. at 7-10 
(December 1994). In particular, if complainants seek a cease and desist 
order directed against any defaulting respondent, please brief the 
following issues:
    (1) Please identify with citations to the record any information 
regarding commercially significant inventory in the United States as to 
each respondent against whom a cease and desist order is sought. If 
complainants also rely on other significant domestic operations that 
could undercut the remedy provided by an exclusion order, please 
identify with citations to the record such information as to each 
respondent against whom a cease and desist order is sought.
    (2) In relation to the infringing products, please identify any 
information in the record, including allegations in the pleadings, that 
addresses the existence of any domestic inventory, any domestic 
operations, or any sales-related activity directed at the United States 
for each respondent against whom a cease and desist order is sought.
    If the Commission contemplates some form of remedy, it must 
consider the effects of that remedy upon the public interest. The 
factors the Commission will consider include the effect that an 
exclusion order and/or cease and desist orders would have on (1) the 
public health and welfare, (2) competitive conditions in the U.S. 
economy, (3) U.S. production of articles that are like or directly 
competitive with those that are subject to investigation, and (4) U.S. 
consumers. The Commission is therefore interested in receiving written 
submissions that address the aforementioned public interest factors in 
the context of this investigation.
    If the Commission orders some form of remedy, the U.S. Trade 
Representative, as delegated by the President, has 60 days to approve 
or disapprove the Commission's action. See Presidential Memorandum of 
July 21, 2005, 70 FR 43251 (July 26, 2005). During this period, the 
subject articles would be entitled to enter the United States under 
bond, in an amount determined by the Commission and prescribed by the 
Secretary of the Treasury. The Commission is therefore interested in 
receiving submissions concerning the amount of the bond that should be 
imposed if a remedy is ordered.

WRITTEN SUBMISSIONS: Parties to the investigation, interested 
government agencies, and any other interested parties are encouraged to 
file written submissions on the issues of remedy, the public interest, 
and bonding. Such submissions should address the recommended 
determination by the ALJ on remedy and bonding.
    Complainants and OUII are also requested to submit proposed 
remedial orders for the Commission's consideration. Complainant is also 
requested to state the dates that the patents expire, the HTSUS numbers 
under which the accused products are imported, and to supply the names 
of known importers of the products at issue in this investigation. The 
written submissions and proposed remedial orders must be filed no later 
than close of business on October 20, 2016. Reply submissions must be 
filed no later than the close of business on October 27, 2016. No 
further submissions on these issues will be permitted unless otherwise 
ordered by the Commission.
    Persons filing written submissions must file the original document 
electronically on or before the deadlines stated above and submit 8 
true paper copies to the Office of the Secretary by noon the next day 
pursuant to section 210.4(f) of the Commission's Rules of Practice and 
Procedure (19 CFR 210.4(f)). Submissions should refer to the 
investigation number (``Inv. No. 337-TA-977'') in a prominent place on 
the cover page and/or the first page. (See Handbook for Electronic 
Filing Procedures, http://www.usitc.gov/secretary/fed_reg_notices/mles/handbook_on_electronic_filing.pdf). Persons with questions regarding 
filing should contact the Secretary (202-205-2000).
    Any person desiring to submit a document to the Commission in 
confidence must request confidential treatment. All such requests 
should be directed to the Secretary to the Commission and must include 
a full statement of the reasons why the Commission should grant such 
treatment. See 19 CFR 201.6. Documents for which confidential treatment 
by the Commission is properly sought will be treated accordingly. All 
information, including confidential business information and documents 
for which confidential treatment is properly sought, submitted to the 
Commission for purposes of this Investigation may be disclosed to and 
used: (i) By the Commission, its employees and Offices, and contract 
personnel (a) for developing or maintaining the records of this or a 
related proceeding, or (b) in internal investigations, audits, reviews, 
and evaluations relating to the programs, personnel, and operations of 
the Commission including under 5 U.S.C. Appendix 3; or (ii) by U.S. 
government employees and contract personnel, solely for cybersecurity 
purposes. All contract personnel will sign appropriate nondisclosure 
agreements. All nonconfidential written submissions will be available 
for public inspection at the Office of the Secretary and on EDIS.
    Any person desiring to submit a document (or portion thereof) to 
the Commission in confidence must request confidential treatment. All 
such requests should be directed to the Secretary of the Commission and 
must include a full statement of the reasons why the Commission should 
grant such treatment. See 19 CFR 201.6. Documents for which 
confidential treatment by the Commission is sought will be treated 
accordingly. A redacted non-confidential version of the document must 
also be filed simultaneously with any confidential filing. All non-
confidential written submissions will be available for public 
inspection at the Office of the Secretary.
    The authority for the Commission's determination is contained in 
section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, and 
in Part 210 of the Commission's Rules of Practice and Procedure, 19 CFR 
part 210.

    By order of the Commission.

    Issued: October 6, 2016.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2016-24719 Filed 10-12-16; 8:45 am]
 BILLING CODE 7020-02-P



                                             70702                       Federal Register / Vol. 81, No. 198 / Thursday, October 13, 2016 / Notices

                                             SUPPLEMENTARY INFORMATION:         The                     (v) explain how the requested                      personnel 2, solely for cybersecurity
                                             Commission has received a complaint                     remedial orders would impact United                   purposes. All nonconfidential written
                                             and a submission pursuant to § 210.8(b)                 States consumers.                                     submissions will be available for public
                                             of the Commission’s Rules of Practice                      Written submissions must be filed no               inspection at the Office of the Secretary
                                             and Procedure filed on behalf of Kemin                  later than by close of business, eight                and on EDIS 3.
                                             Industries Inc. and Kemin Foods, L.C.                   calendar days after the date of                         This action is taken under the
                                             on October 6, 2016. The complaint                       publication of this notice in the Federal             authority of section 337 of the Tariff Act
                                             alleges violations of section 337 of the                Register. There will be further                       of 1930, as amended (19 U.S.C. 1337),
                                             Tariff Act of 1930 (19 U.S.C. 1337) in                  opportunities for comment on the                      and of §§ 201.10 and 210.8(c) of the
                                             the importation into the United States,                 public interest after the issuance of any             Commission’s Rules of Practice and
                                             the sale for importation, and the sale                  final initial determination in this                   Procedure (19 CFR 201.10, 210.8(c)).
                                             within the United States after                          investigation.                                          By order of the Commission.
                                             importation of certain food supplements                    Persons filing written submissions                   Issued: October 6, 2016.
                                             and vitamins, including ocular                          must file the original document                       Lisa R. Barton,
                                             antioxidants and components thereof                     electronically on or before the deadlines             Secretary to the Commission.
                                             and products containing the same. The                   stated above and submit 8 true paper                  [FR Doc. 2016–24711 Filed 10–12–16; 8:45 am]
                                             complaint names as respondents                          copies to the Office of the Secretary by              BILLING CODE 7020–02–P
                                             OmniActive Health Technologies of                       noon the next day pursuant to § 210.4(f)
                                             India and OmniActive Health                             of the Commission’s Rules of Practice
                                             Technologies, Inc. of Morristown, NJ.                   and Procedure (19 CFR 210.4(f)).                      INTERNATIONAL TRADE
                                             The complainant requests that the                       Submissions should refer to the docket                COMMISSION
                                             Commission issue a limited exclusion                    number (‘‘Docket No. 3177’’) in a                     [Investigation No. 337–TA–977]
                                             order, cease and desist orders and                      prominent place on the cover page and/
                                             impose a bond upon respondents’                         or the first page. (See Handbook for                  Certain Arrowheads With Deploying
                                             alleged infringing articles during the 60-              Electronic Filing Procedures, Electronic              Blades and Components Thereof and
                                             day Presidential review period pursuant                 Filing Procedures 1). Persons with                    Packaging Therefor; Commission
                                             to 19 U.S.C. 1337(j).                                   questions regarding filing should                     Decision To Review in Part an Initial
                                                Proposed respondents, other                          contact the Secretary (202–205–2000).                 Determination Granting Complainants’
                                             interested parties, and members of the                                                                        Motion for Summary Determination of
                                                                                                        Any person desiring to submit a
                                             public are invited to file comments, not                                                                      a Violation of Section 337; Request for
                                                                                                     document to the Commission in
                                             to exceed five (5) pages in length,                                                                           Submissions
                                                                                                     confidence must request confidential
                                             inclusive of attachments, on any public
                                                                                                     treatment. All such requests should be                AGENCY: U.S. International Trade
                                             interest issues raised by the complaint
                                                                                                     directed to the Secretary to the                      Commission.
                                             or § 210.8(b) filing. Comments should
                                                                                                     Commission and must include a full                    ACTION: Notice.
                                             address whether issuance of the relief
                                                                                                     statement of the reasons why the
                                             specifically requested by the
                                                                                                     Commission should grant such                          SUMMARY:   Notice is hereby given that
                                             complainant in this investigation would
                                                                                                     treatment. See 19 CFR 201.6. Documents                the U.S. International Trade
                                             affect the public health and welfare in
                                                                                                     for which confidential treatment by the               Commission has determined to review
                                             the United States, competitive
                                                                                                     Commission is properly sought will be                 in part an initial determination (‘‘ID’’)
                                             conditions in the United States
                                                                                                     treated accordingly. All such requests                (Order No. 10) of the presiding
                                             economy, the production of like or
                                                                                                     should be directed to the Secretary to                administrative law judge (‘‘ALJ’’)
                                             directly competitive articles in the                                                                          granting complainants’ motion for
                                                                                                     the Commission and must include a full
                                             United States, or United States                                                                               summary determination of a violation of
                                                                                                     statement of the reasons why the
                                             consumers.                                                                                                    section 337. The Commission also
                                                                                                     Commission should grant such
                                                In particular, the Commission is                     treatment. See 19 CFR 201.6. Documents                requests written submissions regarding
                                             interested in comments that:                            for which confidential treatment by the               remedy, bonding, and the public
                                                (i) Explain how the articles                         Commission is properly sought will be                 interest.
                                             potentially subject to the requested                    treated accordingly. All information,
                                             remedial orders are used in the United                                                                        FOR FURTHER INFORMATION CONTACT:
                                                                                                     including confidential business                       Clint Gerdine, Esq., Office of the
                                             States;                                                 information and documents for which
                                                (ii) identify any public health, safety,                                                                   General Counsel, U.S. International
                                                                                                     confidential treatment is properly                    Trade Commission, 500 E Street SW.,
                                             or welfare concerns in the United States                sought, submitted to the Commission for
                                             relating to the requested remedial                                                                            Washington, DC 20436, telephone (202)
                                                                                                     purposes of this Investigation may be                 708–2310. Copies of non-confidential
                                             orders;                                                 disclosed to and used: (i) By the
                                                (iii) identify like or directly                                                                            documents filed in connection with this
                                                                                                     Commission, its employees and Offices,                investigation are or will be available for
                                             competitive articles that complainant,                  and contract personnel (a) for
                                             its licensees, or third parties make in the                                                                   inspection during official business
                                                                                                     developing or maintaining the records                 hours (8:45 a.m. to 5:15 p.m.) in the
                                             United States which could replace the                   of this or a related proceeding, or (b) in
                                             subject articles if they were to be                                                                           Office of the Secretary, U.S.
                                                                                                     internal investigations, audits, reviews,             International Trade Commission, 500 E
                                             excluded;                                               and evaluations relating to the
                                                (iv) indicate whether complainant,                                                                         Street SW., Washington, DC 20436,
                                                                                                     programs, personnel, and operations of                telephone (202) 205–2000. General
Lhorne on DSK30JT082PROD with NOTICES




                                             complainant’s licensees, and/or third                   the Commission including under 5
                                             party suppliers have the capacity to                                                                          information concerning the Commission
                                                                                                     U.S.C. Appendix 3; or (ii) by U.S.                    may also be obtained by accessing its
                                             replace the volume of articles                          government employees and contract
                                             potentially subject to the requested                                                                            2 All contract personnel will sign appropriate
                                             exclusion order and/or a cease and                        1 Handbook  for Electronic Filing Procedures:       nondisclosure agreements.
                                             desist order within a commercially                      https://www.usitc.gov/documents/handbook_on_            3 Electronic Document Information System

                                             reasonable time; and                                    filing_procedures.pdf.                                (EDIS): http://edis.usitc.gov.



                                        VerDate Sep<11>2014   14:07 Oct 12, 2016   Jkt 241001   PO 00000   Frm 00039   Fmt 4703   Sfmt 4703   E:\FR\FM\13OCN1.SGM   13OCN1


                                                                         Federal Register / Vol. 81, No. 198 / Thursday, October 13, 2016 / Notices                                             70703

                                             Internet server at https://www.usitc.gov.               review the ALJ’s ID (Order No. 6)                     on pages 18 and 24 are corrected to
                                             The public record for this investigation                finding the following seven respondents               reference claim 38 of the ’144 patent.
                                             may be viewed on the Commission’s                       in default: Junxing Sports, Forever Best,             The Commission has determined not to
                                             electronic docket (EDIS) at https://                    Linkboy Outdoor, Zowaysoon Trading,                   review the remainder of the ID. On
                                             edis.usitc.gov. Hearing-impaired                        Zhongxinyuan Industry, IRQ Trading,                   review with respect to issue (1), the
                                             persons are advised that information on                 and Paiao Trade. On June 23, 2016, the                Commission has determined to take no
                                             this matter can be obtained by                          Commission issued notice of its                       position on the ID’s finding that
                                             contacting the Commission’s TDD                         determination not to review the ALJ’s ID              complainants satisfy the economic
                                             terminal on (202) 205–1810.                             (Order No. 8) finding Xinhongyou                      prong of the domestic industry
                                             SUPPLEMENTARY INFORMATION: The                          Industrial in default. On June 28, 2016,              requirement under section 337(a)(3)(C)
                                             Commission instituted this investigation                the Commission issued notice of its                   with respect to all asserted patents and
                                             on December 22, 2015, based on a                        determination not to review the ALJ’s ID              the asserted trademark. On review with
                                             complaint filed on behalf of FeraDyne                   (Order No. 9) terminating the                         respect to issue (2), the Commission has
                                             Outdoors LLC and Out RAGE LLC, both                     investigation as to (1) Faith Sports based            determined to modify the ID and adds
                                             of Cartersville, Georgia. 80 FR 79612–                  on withdrawal of the complaint as to                  the following sentence on page 8 of the
                                             13. The complaint, as supplemented,                     Faith Sports; and (2) claims 2–3, 5, and              ID (before the sentence beginning with
                                             alleges violations of section 337 of the                8 of the ’545 patent; claims 5 and 10 of              ‘‘It is therefore found . . .’’):
                                             Tariff Act of 1930, as amended, 19                      the ’298 patent; claim 3 of the ’176                    Also, there is a sufficient connection
                                             U.S.C. 1337, based upon the importation                 patent; claim 8 of the ’141 patent; and               between the defaulting respondents and the
                                             into the United States, the sale for                    claim 3 of the ’806 patent based on                   United States to make it fair to require them
                                             importation, and the sale within the                    withdrawal of these patent claims                     to defend the action at the Commission. See
                                                                                                     against all named respondents.                        Mot. at 8–11, 66–68 (citing Certain
                                             United States after importation of                                                                            Agricultural Tractors, Lawn Tractors, Riding
                                                                                                        The ALJ issued the subject ID on
                                             certain arrowheads with deploying                                                                             Lawnmowers, and Components Thereof, Inv.
                                                                                                     August 22, 2016, granting complainants’
                                             blades and components thereof and                                                                             No. 337–TA–486, Comm’n Op., 2003 WL
                                                                                                     motion for summary determination. The
                                             packaging therefor by reason of                                                                               22147635, at *12 (July 1, 2003)).
                                                                                                     ALJ found that all defaulting
                                             infringement of certain claims of U.S.                                                                           As noted above, eight respondents
                                                                                                     respondents met the importation
                                             Patent Nos. RE44,144; 6,517,454 (‘‘the                                                                        were found in default. Section 337(g)
                                                                                                     requirement and that complainants
                                             ’454 patent’’); 8,758,176 (‘‘the ’176                   satisfied the domestic industry                       and Commission Rule 210.16(c)
                                             patent’’); 8,986,141 (‘‘the ’141 patent’’);             requirement. See 19 U.S.C.                            authorize the Commission to order relief
                                             9,068,806 (‘‘the ’806 patent’’); 7,771,298              1337(a)(1)(B), (a)(2). The ID finds that a            against respondents found in default
                                             (‘‘the ’298 patent’’); D710,962; D711,489;              violation of section 337 has occurred                 unless, after considering the public
                                             and of U.S. Trademark Registration No.                  based on its finding that each of the                 interest, it finds that such relief should
                                             4,812,058. The complaint further alleges                defaulting respondents’ accused                       not issue. Before the ALJ, complainants
                                             the existence of a domestic industry.                   products infringe one or more of the                  sought a general exclusion order under
                                             The Commission’s notice of                              asserted claims of the patents at issue               section 337(g)(2) and cease and desist
                                             investigation named the following nine                  and infringe the trademark at issue as                orders directed against the defaulting
                                             respondents: Linyi Junxing Sports                       established by substantial, reliable, and             respondents. Because a general
                                             Equipment Co., Ltd. (‘‘Junxing Sports’’)                probative evidence in accordance with                 exclusion order is sought, complainants
                                             of Shandong, China; Ningbo Faith                        Commission Rule 210.16(c)(2). The ID                  are required to establish that a violation
                                             Sports Co., Ltd. (‘‘Faith Sports’’), Ningbo             also contained the ALJ’s recommended                  of section 337 has occurred by
                                             Forever Best Import & Export Co., Ltd.                  determination on remedy and bonding.                  substantive, reliable, and probative
                                             (‘‘Forever Best’’), and Ningbo Linkboy                  The ALJ recommended issuance of a                     evidence pursuant to Commission Rule
                                             Outdoor Sports Co., Ltd. (‘‘Linkboy                     general exclusion order with respect to               210.16(c)(2).
                                             Outdoor’’), all of Zhejiang, China;                     the asserted intellectual property, but                  In connection with the final
                                             Shenzhen Zowaysoon Trading Company                      did not recommend issuance of cease                   disposition of this investigation, the
                                             Ltd. (‘‘Zowaysoon Trading’’) of                         and desist orders directed against the                Commission may (1) issue an order that
                                             Shenzhen, China; Xiamen Xinhongyou                      defaulting respondents. No petitions for              could result in the exclusion of the
                                             Industrial Trade Co. Ltd. (‘‘Xinhongyou                 review were filed.                                    subject articles from entry into the
                                             Industrial’’) and Xiamen Zhongxinyuan                      Having examined the record of this                 United States, and/or (2) issue one or
                                             Industry & Trade Ltd. (‘‘Zhongxinyuan                   investigation, the Commission has                     more cease and desist orders that could
                                             Industry’’), both of Fujian, China; and                 determined to review in part the subject              result in the respondent(s) being
                                             Zhengzhou IRQ Trading Limited                           ID. Specifically, the Commission has                  required to cease and desist from
                                             Company (‘‘IRQ Trading’’) and                           determined to review: (1) The ID’s                    engaging in unfair acts in the
                                             Zhengzhou Paiao Trade Co., Ltd.                         finding that complainants satisfy the                 importation and sale of such articles.
                                             (‘‘Paiao Trade’’), both of Henan, China.                economic prong of the domestic                        Accordingly, the Commission is
                                             The Office of Unfair Import                             industry requirement under section                    interested in receiving written
                                             Investigations (‘‘OUII’’) is also a party to            337(a)(3)(C) with respect to all asserted             submissions that address the form of
                                             the investigation.                                      patents and the asserted trademark; and               remedy, if any, that should be ordered.
                                                On April 28, 2016, complainants filed                (2) the ID’s finding that the Commission              If a party seeks exclusion of an article
                                             a motion for summary determination of                   has personal jurisdiction over all                    from entry into the United States for
                                             a violation of section 337 pursuant to                  defaulting respondents. The                           purposes other than entry for
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                                             Commission Rule 210.16(c)(2) to                         Commission also corrects typographical                consumption, the party should so
                                             support its request for entry of a general              errors on pages 14, 18, and 24 of the                 indicate and provide information
                                             exclusion order with respect to all                     subject ID. The last two sentences of the             establishing that activities involving
                                             asserted intellectual property. OUII filed              first full paragraph on page 14 are                   other types of entry either are adversely
                                             a response in support of the motion.                    deleted (i.e., beginning with ‘‘In this               affecting it or likely to do so. For
                                                On May 10, 2016, the Commission                      investigation . . .’’), and the two                   background, see Certain Devices for
                                             issued notice of its determination not to               references to claim 32 of the ’144 patent             Connecting Computers via Telephone


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                                             70704                       Federal Register / Vol. 81, No. 198 / Thursday, October 13, 2016 / Notices

                                             Lines, Inv. No. 337–TA–360, USITC                       submissions on the issues of remedy,                  government employees and contract
                                             Pub. No. 2843, Comm’n Op. at 7–10                       the public interest, and bonding. Such                personnel, solely for cybersecurity
                                             (December 1994). In particular, if                      submissions should address the                        purposes. All contract personnel will
                                             complainants seek a cease and desist                    recommended determination by the ALJ                  sign appropriate nondisclosure
                                             order directed against any defaulting                   on remedy and bonding.                                agreements. All nonconfidential written
                                             respondent, please brief the following                     Complainants and OUII are also                     submissions will be available for public
                                             issues:                                                 requested to submit proposed remedial                 inspection at the Office of the Secretary
                                                (1) Please identify with citations to                orders for the Commission’s                           and on EDIS.
                                             the record any information regarding                    consideration. Complainant is also                       Any person desiring to submit a
                                             commercially significant inventory in                   requested to state the dates that the                 document (or portion thereof) to the
                                             the United States as to each respondent                 patents expire, the HTSUS numbers                     Commission in confidence must request
                                             against whom a cease and desist order                   under which the accused products are                  confidential treatment. All such
                                             is sought. If complainants also rely on                 imported, and to supply the names of                  requests should be directed to the
                                             other significant domestic operations                   known importers of the products at                    Secretary of the Commission and must
                                             that could undercut the remedy                          issue in this investigation. The written              include a full statement of the reasons
                                             provided by an exclusion order, please                  submissions and proposed remedial                     why the Commission should grant such
                                             identify with citations to the record                   orders must be filed no later than close              treatment. See 19 CFR 201.6. Documents
                                             such information as to each respondent                  of business on October 20, 2016. Reply                for which confidential treatment by the
                                             against whom a cease and desist order                   submissions must be filed no later than               Commission is sought will be treated
                                             is sought.                                              the close of business on October 27,                  accordingly. A redacted non-
                                                (2) In relation to the infringing                    2016. No further submissions on these                 confidential version of the document
                                             products, please identify any                           issues will be permitted unless                       must also be filed simultaneously with
                                             information in the record, including                    otherwise ordered by the Commission.                  any confidential filing. All non-
                                             allegations in the pleadings, that                         Persons filing written submissions                 confidential written submissions will be
                                             addresses the existence of any domestic                 must file the original document                       available for public inspection at the
                                             inventory, any domestic operations, or                  electronically on or before the deadlines             Office of the Secretary.
                                             any sales-related activity directed at the              stated above and submit 8 true paper                     The authority for the Commission’s
                                             United States for each respondent                       copies to the Office of the Secretary by              determination is contained in section
                                             against whom a cease and desist order                   noon the next day pursuant to section                 337 of the Tariff Act of 1930, as
                                             is sought.                                              210.4(f) of the Commission’s Rules of                 amended, 19 U.S.C. 1337, and in Part
                                                If the Commission contemplates some                  Practice and Procedure (19 CFR                        210 of the Commission’s Rules of
                                             form of remedy, it must consider the                    210.4(f)). Submissions should refer to                Practice and Procedure, 19 CFR part
                                                                                                     the investigation number (‘‘Inv. No.                  210.
                                             effects of that remedy upon the public
                                                                                                     337–TA–977’’) in a prominent place on
                                             interest. The factors the Commission                                                                            By order of the Commission.
                                                                                                     the cover page and/or the first page. (See
                                             will consider include the effect that an                                                                        Issued: October 6, 2016.
                                                                                                     Handbook for Electronic Filing
                                             exclusion order and/or cease and desist
                                                                                                     Procedures, http://www.usitc.gov/                     Lisa R. Barton,
                                             orders would have on (1) the public
                                                                                                     secretary/fed_reg_notices/mles/                       Secretary to the Commission.
                                             health and welfare, (2) competitive
                                                                                                     handbook_on_electronic_filing.pdf).                   [FR Doc. 2016–24719 Filed 10–12–16; 8:45 am]
                                             conditions in the U.S. economy, (3) U.S.
                                                                                                     Persons with questions regarding filing               BILLING CODE 7020–02–P
                                             production of articles that are like or
                                                                                                     should contact the Secretary (202–205–
                                             directly competitive with those that are
                                                                                                     2000).
                                             subject to investigation, and (4) U.S.                     Any person desiring to submit a
                                             consumers. The Commission is                                                                                  DEPARTMENT OF JUSTICE
                                                                                                     document to the Commission in
                                             therefore interested in receiving written               confidence must request confidential
                                             submissions that address the                                                                                  Antitrust Division
                                                                                                     treatment. All such requests should be
                                             aforementioned public interest factors                  directed to the Secretary to the                      Notice Pursuant to the National
                                             in the context of this investigation.                   Commission and must include a full                    Cooperative Research and Production
                                                If the Commission orders some form                   statement of the reasons why the                      Act of 1993—Petroleum Environmental
                                             of remedy, the U.S. Trade                               Commission should grant such                          Research Forum Project No. 2014–10,
                                             Representative, as delegated by the                     treatment. See 19 CFR 201.6. Documents                Direct Monitoring of Flare Combustion
                                             President, has 60 days to approve or                    for which confidential treatment by the               Efficiency
                                             disapprove the Commission’s action.                     Commission is properly sought will be
                                             See Presidential Memorandum of July                     treated accordingly. All information,                    Notice is hereby given that, on
                                             21, 2005, 70 FR 43251 (July 26, 2005).                  including confidential business                       September 1, 2016, pursuant to Section
                                             During this period, the subject articles                information and documents for which                   6(a) of the National Cooperative
                                             would be entitled to enter the United                   confidential treatment is properly                    Research and Production Act of 1993,
                                             States under bond, in an amount                         sought, submitted to the Commission for               15 U.S.C. 4301 et seq. (‘‘the Act’’),
                                             determined by the Commission and                        purposes of this Investigation may be                 Petroleum Environmental Research
                                             prescribed by the Secretary of the                      disclosed to and used: (i) By the                     Forum Project No. 2014–10, Direct
                                             Treasury. The Commission is therefore                   Commission, its employees and Offices,                Monitoring of Flare Combustion
                                             interested in receiving submissions                     and contract personnel (a) for                        Efficiency (‘‘PERF Project No. 2014–10’’)
                                             concerning the amount of the bond that
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                                                                                                     developing or maintaining the records                 has filed written notifications
                                             should be imposed if a remedy is                        of this or a related proceeding, or (b) in            simultaneously with the Attorney
                                             ordered.                                                internal investigations, audits, reviews,             General and the Federal Trade
                                             WRITTEN SUBMISSIONS: Parties to the                     and evaluations relating to the                       Commission disclosing changes in its
                                             investigation, interested government                    programs, personnel, and operations of                membership. The notifications were
                                             agencies, and any other interested                      the Commission including under 5                      filed for the purpose of extending the
                                             parties are encouraged to file written                  U.S.C. Appendix 3; or (ii) by U.S.                    Act’s provisions limiting the recovery of


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Document Created: 2016-10-13 00:53:19
Document Modified: 2016-10-13 00:53:19
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
ContactClint Gerdine, Esq., Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, telephone (202) 708-2310. Copies of non- confidential documents filed in connection with this investigation are or will be 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., Washington, DC 20436, telephone (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 https://edis.usitc.gov. Hearing-impaired persons are advised that information on this matter can be obtained by contacting the Commission's TDD terminal on (202) 205-1810.
FR Citation81 FR 70702 

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