82 FR 36153 - Certain Motorized Self-Balancing Vehicles; Commission Determination To Review-in-Part an Initial Determination Finding No Violation of Section 337; on Review, To Vacate One Portion of the Initial Determination and Take No Position on One Issue; and Affirmance of the Finding of No Violation and Termination of the Investigation

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 82, Issue 148 (August 3, 2017)

Page Range		36153-36154
FR Document		2017-16325

Notice is hereby given that the U.S. International Trade Commission has determined to review-in-part a final initial determination (``ID'') of the presiding administrative law judge (``ALJ'') finding no violation of section 337. On review, the Commission has determined to vacate one portion of the ID and to take no position with respect to one issue. The Commission has also determined to affirm the ID's finding of no violation of section 337 and has terminated the investigation.

Federal Register, Volume 82 Issue 148 (Thursday, August 3, 2017)

[Federal Register Volume 82, Number 148 (Thursday, August 3, 2017)]
[Notices]
[Pages 36153-36154]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-16325]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1000]


Certain Motorized Self-Balancing Vehicles; Commission 
Determination To Review-in-Part an Initial Determination Finding No 
Violation of Section 337; on Review, To Vacate One Portion of the 
Initial Determination and Take No Position on One Issue; and Affirmance 
of the Finding of No Violation and Termination of the Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined to review-in-part a final initial 
determination (``ID'') of the presiding administrative law judge 
(``ALJ'') finding no violation of section 337. On review, the 
Commission has determined to vacate one portion of the ID and to take 
no position with respect to one issue. The Commission has also 
determined to affirm the ID's finding of no violation of section 337 
and has terminated the investigation.

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 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 May 26, 2016, based on a complaint filed on behalf of Razor USA LLC 
of Cerritos, California; and Inventist, Inc. and Shane Chen, both of 
Camas, Washington. 81 FR 33548-49. The complaint alleged violations of 
section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, by 
reason of infringement of certain claims of U.S. Patent No. 8,738,278 
(``the '278 patent''). The complaint further alleged violations of 
section 337 based upon false advertising, misrepresentation, and unfair 
competition, the threat or effect of which is to destroy or 
substantially injure an industry in the United States or to prevent the 
establishment of such an industry. The Commission's notice of 
investigation named the following twenty-eight respondents: Contixo Co. 
of Ontario, California and ZTO Store a.k.a. ZTO Trading, Inc. of 
Monterey Park, California (collectively, ``Contixo''); Joy Hoverboard 
a/k/a Huizhou Aoge Enterprise Co. Ltd (``Joy Hoverboard'') of Huizhou, 
China; Shenzhen Chenduoxing Electronic Technology Ltd. 
(``Chenduoxing''), Shareconn International, Inc. (``Shareconn''), and 
Shenzhen R.M.T. Technology Co., Ltd. (``RMT''); all of Guangdong, 
China; Cyboard LLC a/k/a Shark Empire Inc. (``Cyboard'') of Glendale, 
California; GyroGlyder.com (``GyroGlyder'') of Stockton, California; 
Soibatian Corporation d.b.a. IO Hawk and d.b.a. Smart Wheels 
(``Soibatian'') of Glendale, California; PhunkeeDuck, Inc. 
(``PhunkeeDuck'') of Floral Park, New York; Shenzhen Jomo Technology 
Co., Ltd. (``Jomo'') of Shenzhen City, China; Shenzhen Kebe Technology 
Co., Ltd. (``Kebe'') and Shenzhen Supersun Technology Co. Ltd., a.k.a. 
Aottom (``Supersun''), both of Shenzhen, China; Twizzle Hoverboard 
(``Twizzle'') of La Puente, California; Uwheels of Santa Ana, 
California; InMotion Entertainment Group LLC (``InMotion'') of 
Jacksonville, Florida; HoverTech of Hebron, Kentucky; Leray Group a/k/a 
ShanDao Trading Co., Ltd. (``Leray'') of Beijing, China; Spaceboard USA 
(``Spaceboard'') of Norcross, Georgia; Genius Technologies a.k.a. Prime 
Capital (``Genius Technologies'') of Hastings, Minnesota; Hangzhou Chic 
Intelligent Co., Ltd. (``Chic'') of Hangzhou, China; Swagway, LLC 
(``Swagway'') of South Bend, Indiana; Modell's Sporting Goods, Inc. 
(``Modell's'') of New York City, New York; Powerboard a.k.a. Optimum 
Trading Co. (``Powerboard'') of Hebron, Kentucky; United Integral, Inc. 
dba Skque Products (``Skque'') of Irwindale, California; Alibaba Group 
Holding Ltd. of Causeway Bay, Hong Kong and Alibaba.com Ltd. of 
Hangzhou, China (collectively, ``Alibaba''); Jetson Electric

[[Page 36154]]

Bikes LLC (``Jetson'') of New York City, New York; and Newegg, Inc. 
(``Newegg'') of City of Industry, California. The Office of Unfair 
Import Investigations (``OUII'') is also a party to the investigation. 
Id. Eight respondents remain in the investigation, i.e., Chic, Swagway, 
Modell's, Powerboard, Skque, Alibaba, Jetson, and Newegg (collectively, 
``respondents''). Every other respondent was terminated from the 
investigation based on a consent order stipulation and proposed consent 
order or good cause, or was found in default.
    On August 10 and November 17, 2016, respectively, the Commission 
issued notice of its determinations not to review the ALJ's IDs (Order 
Nos. 11 and 22) terminating the investigation as to Contixo based on a 
consent order stipulation and proposed consent order, and as to 
InMotion based on a consent order stipulation, proposed consent order, 
and settlement agreement. On October 19 and 27, 2016, respectively, the 
Commission issued notice of its determinations not to review the ALJ's 
IDs (Order Nos. 19 and 20) terminating the investigation as to claim 9 
of the '278 patent and claim 4 of the patent. On September 7, October 
11, and December 13, 2016, respectively, the Commission issued notice 
of its determinations not to review the ALJ's IDs (Order Nos. 14, 18, 
and 26) finding respondents GyroGlyder, Soibatian, PhunkeeDuck, Jomo, 
Kebe, Supersun, Twizzle, and Uwheels in default, respondents Joy 
Hoverboard, Chenduoxing, Shareconn, RMT, and Cyboard in default, and 
respondents HoverTech, Leray, and Spaceboard in default, respectively. 
On January 17, 2017, the Commission issued notice of its determination 
not to review the ALJ's ID (Order No. 27) terminating the investigation 
as to Genius Technologies for good cause. On February 15, 2017, the 
Commission issued notice of its determination not to review the ALJ's 
ID (Order No. 42) granting complainants' unopposed motion to terminate 
the investigation as to their Lanham Act, common law, and state unfair 
and deceptive trade practices allegations under section 337(a)(1)(A).
    On May 26, 2017, the ALJ issued his final ID and recommended 
determination (``RD'') on remedy and bonding. The ID finds that Alibaba 
is not an agent of the other respondents and therefore is not within 
the jurisdiction of section 337. It also finds that none of the 
respondents' accused products infringe the '278 patent, but that all of 
the defaulting respondents' accused products infringe the asserted 
patent based on taking the allegations in the complaint as true. The ID 
also finds that the technical prong of the domestic industry 
requirement was not satisfied with respect to the '278 patent. The 
cover page of the ID/RD, however, states that a violation of section 
337 was found, page 75 of the ID/RD states that a violation was found 
as to the defaulting respondents, and the separately issued ``Notice 
Regarding Initial Determination on Violation of Section 337 and 
Recommended Determination on Remedy and Bond'' (May 26, 2017) (``Notice 
Regarding the ID'') states that a violation of section 337 was found. 
On June 5, 2017, the ALJ issued an erratum clarifying that there was no 
violation of section 337 because complainants had not satisfied the 
technical prong of the domestic industry requirement. He also issued a 
corrected ID/RD and Notice Regarding the ID on June 5, 2017; however, 
the error on page 75 of the ID/RD was not corrected. The Commission 
clarifies that the erratum also applies to (1) page 75 of the ID/RD and 
corrects that page to delete the statement that a violation has been 
found as to the defaulting respondents; and (2) footnote 47 on the same 
page, and corrects the footnote by striking ``infringe the '278 
patent'' and substituting ``violate section 337''.
    On June 12, 2017, OUII, complainants, respondent Chic, and a group 
of three respondents (Swagway, Modell's, and Newegg) filed separate 
petitions for review of the final ID. On June 20, 2017, OUII, 
complainants, respondent Jetson, respondent Alibaba, and a group of 
four respondents (Swagway, Modell's, Chic, and Newegg) filed separate 
responses to the opposing petitions.
    Having examined the record of this investigation, including the ID, 
the parties' petitions for review, and the responses thereto, the 
Commission has determined to review-in-part the final ID. Specifically, 
the Commission has determined to review (1) the ID's finding that the 
Commission has no jurisdiction over Alibaba; and (2) the ID's analysis 
regarding infringement by the defaulting respondents. The Commission 
has determined not to review the remainder of the final ID.
    On review with respect to issue (1), the Commission determines to 
take no position on the ID's finding that the Commission has no 
jurisdiction over Alibaba. On review with respect to issue (2), the 
Commission vacates the ID's findings in the last paragraph on page 39 
(and paragraph 5 on page 72, as well as the first sentence on page 83) 
that complainants have established that the defaulting respondents 
infringe the '278 patent. These respondents have been found in default 
by virtue of their failure to respond to the complaint and notice of 
investigation. See Comm'n Notice (September 7, 2016); Comm'n Notice 
(October 11, 2016); Comm'n Notice (December 13, 2016). Section 
337(g)(1), 19 U.S.C. 1337(g)(1), provides the conditions and procedures 
applicable for issuing a default remedy. In light of the Commission's 
determination not to review the remainder of the final ID, including 
but not limited to the finding that the technical prong of the domestic 
industry requirement for the '278 patent has not been satisfied, the 
analysis under Section 337(g)(1) is moot.
    The Commission therefore affirms the ID's finding of no violation 
of section 337 and terminates the investigation.
    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: July 28, 2017.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2017-16325 Filed 8-2-17; 8:45 am]
BILLING CODE 7020-02-P

Federal Register / Vol. 82, No. 148 / Thursday, August 3, 2017 / Notices 36153

recommendations related to the Dated: July 27, 2017. filed on behalf of Razor USA LLC of
subcommittee’s Section 321 Working Bradley Hayes, Cerritos, California; and Inventist, Inc.
Group. The Section 321 Working Group Executive Director, Office of Trade Relations. and Shane Chen, both of Camas,
has focused on facilitative methods for [FR Doc. 2017–16360 Filed 8–2–17; 8:45 am] Washington. 81 FR 33548–49. The
the processing of low value ‘‘de- BILLING CODE 9111–14–P complaint alleged violations of section
minimis’’ shipments while maintaining 337 of the Tariff Act of 1930, as
security and compliance. amended, 19 U.S.C. 1337, by reason of
2. The One U.S. Government INTERNATIONAL TRADE infringement of certain claims of U.S.
Subcommittee will discuss the progress COMMISSION Patent No. 8,738,278 (‘‘the ’278 patent’’).
of the Fish & Wildlife Service Working The complaint further alleged violations
Group and will present [Investigation No. 337–TA–1000] of section 337 based upon false
recommendations in this area. The advertising, misrepresentation, and
Certain Motorized Self-Balancing
subcommittee will also discuss the unfair competition, the threat or effect
Vehicles; Commission Determination
progress of the Automated Commercial of which is to destroy or substantially
To Review-in-Part an Initial
Environment core functions and the injure an industry in the United States
Determination Finding No Violation of
Single Window Effort, including the or to prevent the establishment of such
Section 337; on Review, To Vacate One
North American Single Window an industry. The Commission’s notice of
Portion of the Initial Determination and
progress. investigation named the following
Take No Position on One Issue; and
3. The Global Supply Chain Affirmance of the Finding of No twenty-eight respondents: Contixo Co.
Subcommittee will present their Violation and Termination of the of Ontario, California and ZTO Store
involvement in the present draft of an Investigation a.k.a. ZTO Trading, Inc. of Monterey
updated supply chain security Customs- Park, California (collectively,
Trade Partnership Against Terrorism AGENCY: U.S. International Trade ‘‘Contixo’’); Joy Hoverboard a/k/a
(C–TPAT) best practice framework, Commission. Huizhou Aoge Enterprise Co. Ltd (‘‘Joy
provide an update to on-going input ACTION: Notice. Hoverboard’’) of Huizhou, China;
work regarding the C–TPAT minimum Shenzhen Chenduoxing Electronic
security criteria, and a progress report SUMMARY: Notice is hereby given that Technology Ltd. (‘‘Chenduoxing’’),
with recommendations from the the U.S. International Trade Shareconn International, Inc.
Pipeline Working Group. Commission has determined to review- (‘‘Shareconn’’), and Shenzhen R.M.T.
4. The Trusted Trader Subcommittee in-part a final initial determination Technology Co., Ltd. (‘‘RMT’’); all of
will continue the discussion for an (‘‘ID’’) of the presiding administrative Guangdong, China; Cyboard LLC a/k/a
enhanced Trusted Trader program that law judge (‘‘ALJ’’) finding no violation Shark Empire Inc. (‘‘Cyboard’’) of
includes engagement with CBP to of section 337. On review, the Glendale, California; GyroGlyder.com
include relevant partner government Commission has determined to vacate (‘‘GyroGlyder’’) of Stockton, California;
agencies with a potential for one portion of the ID and to take no Soibatian Corporation d.b.a. IO Hawk
international interoperability. A review position with respect to one issue. The and d.b.a. Smart Wheels (‘‘Soibatian’’)
of the pilot program status and benefits Commission has also determined to of Glendale, California; PhunkeeDuck,
will also be undertaken in parallel to affirm the ID’s finding of no violation of Inc. (‘‘PhunkeeDuck’’) of Floral Park,
determine the optimum benefits that section 337 and has terminated the New York; Shenzhen Jomo Technology
would be assigned to Trusted Trader investigation. Co., Ltd. (‘‘Jomo’’) of Shenzhen City,
participants. FOR FURTHER INFORMATION CONTACT: China; Shenzhen Kebe Technology Co.,
5. The Trade Enforcement & Revenue Clint Gerdine, Esq., Office of the Ltd. (‘‘Kebe’’) and Shenzhen Supersun
Collection (TERC) Subcommittee will General Counsel, U.S. International Technology Co. Ltd., a.k.a. Aottom
discuss the progress made on TERC Trade Commission, 500 E Street SW., (‘‘Supersun’’), both of Shenzhen, China;
recommendations and updates from the Washington, DC 20436, telephone (202) Twizzle Hoverboard (‘‘Twizzle’’) of La
Anti-Dumping and Countervailing Duty, 708–2310. Copies of non-confidential Puente, California; Uwheels of Santa
Bond, Forced Labor, and Intellectual documents filed in connection with this Ana, California; InMotion Entertainment
Property Rights Working Groups. investigation are or will be available for Group LLC (‘‘InMotion’’) of Jacksonville,
6. The Exports Subcommittee will inspection during official business Florida; HoverTech of Hebron,
discuss the Post Departure Filing (PDF) hours (8:45 a.m. to 5:15 p.m.) in the Kentucky; Leray Group a/k/a ShanDao
working group’s progress in developing Office of the Secretary, U.S. Trading Co., Ltd. (‘‘Leray’’) of Beijing,
additional recommendations for an International Trade Commission, 500 E China; Spaceboard USA (‘‘Spaceboard’’)
implementation plan of the PDF Street SW., Washington, DC 20436, of Norcross, Georgia; Genius
Proposal and will include steps to telephone (202) 205–2000. General Technologies a.k.a. Prime Capital
initiate a proof of concept that information concerning the Commission (‘‘Genius Technologies’’) of Hastings,
incorporates the PDF model in may also be obtained by accessing its Minnesota; Hangzhou Chic Intelligent
conjunction with the Ocean Export Internet server at https://www.usitc.gov. Co., Ltd. (‘‘Chic’’) of Hangzhou, China;
Manifest pilot. The subcommittee will The public record for this investigation Swagway, LLC (‘‘Swagway’’) of South
also discuss the progress of the Truck may be viewed on the Commission’s Bend, Indiana; Modell’s Sporting Goods,
Manifest Sub-Working Group electronic docket (EDIS) at https:// Inc. (‘‘Modell’s’’) of New York City, New
recommendations presented at the edis.usitc.gov. Hearing-impaired York; Powerboard a.k.a. Optimum
mstockstill on DSK30JT082PROD with NOTICES

March 1, 2017 public meeting, and persons are advised that information on Trading Co. (‘‘Powerboard’’) of Hebron,
progress on issues with the ongoing this matter can be obtained by Kentucky; United Integral, Inc. dba
manifest pilots. contacting the Commission’s TDD Skque Products (‘‘Skque’’) of Irwindale,
Meeting materials will be available by terminal on (202) 205–1810. California; Alibaba Group Holding Ltd.
August 20, 2017, at: http:// SUPPLEMENTARY INFORMATION: The of Causeway Bay, Hong Kong and
www.cbp.gov/trade/stakeholder- Commission instituted this investigation Alibaba.com Ltd. of Hangzhou, China
engagement/coac/coac-public-meetings. on May 26, 2016, based on a complaint (collectively, ‘‘Alibaba’’); Jetson Electric

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36154 Federal Register / Vol. 82, No. 148 / Thursday, August 3, 2017 / Notices

Bikes LLC (‘‘Jetson’’) of New York City, the complaint as true. The ID also finds found in default by virtue of their
New York; and Newegg, Inc. that the technical prong of the domestic failure to respond to the complaint and
(‘‘Newegg’’) of City of Industry, industry requirement was not satisfied notice of investigation. See Comm’n
California. The Office of Unfair Import with respect to the ’278 patent. The Notice (September 7, 2016); Comm’n
Investigations (‘‘OUII’’) is also a party to cover page of the ID/RD, however, states Notice (October 11, 2016); Comm’n
the investigation. Id. Eight respondents that a violation of section 337 was Notice (December 13, 2016). Section
remain in the investigation, i.e., Chic, found, page 75 of the ID/RD states that 337(g)(1), 19 U.S.C. 1337(g)(1), provides
Swagway, Modell’s, Powerboard, Skque, a violation was found as to the the conditions and procedures
Alibaba, Jetson, and Newegg defaulting respondents, and the applicable for issuing a default remedy.
(collectively, ‘‘respondents’’). Every separately issued ‘‘Notice Regarding In light of the Commission’s
other respondent was terminated from Initial Determination on Violation of determination not to review the
the investigation based on a consent Section 337 and Recommended remainder of the final ID, including but
order stipulation and proposed consent Determination on Remedy and Bond’’ not limited to the finding that the
order or good cause, or was found in (May 26, 2017) (‘‘Notice Regarding the technical prong of the domestic industry
default. ID’’) states that a violation of section 337 requirement for the ’278 patent has not
On August 10 and November 17, was found. On June 5, 2017, the ALJ been satisfied, the analysis under
2016, respectively, the Commission issued an erratum clarifying that there Section 337(g)(1) is moot.
issued notice of its determinations not was no violation of section 337 because The Commission therefore affirms the
to review the ALJ’s IDs (Order Nos. 11 complainants had not satisfied the ID’s finding of no violation of section
and 22) terminating the investigation as technical prong of the domestic industry 337 and terminates the investigation.
to Contixo based on a consent order requirement. He also issued a corrected The authority for the Commission’s
stipulation and proposed consent order, ID/RD and Notice Regarding the ID on determination is contained in section
and as to InMotion based on a consent June 5, 2017; however, the error on page 337 of the Tariff Act of 1930, as
order stipulation, proposed consent 75 of the ID/RD was not corrected. The amended, 19 U.S.C. 1337, and in part
order, and settlement agreement. On Commission clarifies that the erratum 210 of the Commission’s Rules of
October 19 and 27, 2016, respectively, also applies to (1) page 75 of the ID/RD Practice and Procedure, 19 CFR part
the Commission issued notice of its and corrects that page to delete the 210.
determinations not to review the ALJ’s statement that a violation has been
IDs (Order Nos. 19 and 20) terminating By order of the Commission.
found as to the defaulting respondents;
the investigation as to claim 9 of the and (2) footnote 47 on the same page, Issued: July 28, 2017.
’278 patent and claim 4 of the patent. and corrects the footnote by striking Lisa R. Barton,
On September 7, October 11, and ‘‘infringe the ’278 patent’’ and Secretary to the Commission.
December 13, 2016, respectively, the substituting ‘‘violate section 337’’. [FR Doc. 2017–16325 Filed 8–2–17; 8:45 am]
Commission issued notice of its On June 12, 2017, OUII, BILLING CODE 7020–02–P
determinations not to review the ALJ’s complainants, respondent Chic, and a
IDs (Order Nos. 14, 18, and 26) finding group of three respondents (Swagway,
respondents GyroGlyder, Soibatian, Modell’s, and Newegg) filed separate INTERNATIONAL TRADE
PhunkeeDuck, Jomo, Kebe, Supersun, petitions for review of the final ID. On COMMISSION
Twizzle, and Uwheels in default, June 20, 2017, OUII, complainants,
respondents Joy Hoverboard, respondent Jetson, respondent Alibaba, [Investigation No. 731–TA–703 (Fourth
Chenduoxing, Shareconn, RMT, and and a group of four respondents Review)]
Cyboard in default, and respondents (Swagway, Modell’s, Chic, and Newegg)
Furfuryl Alcohol From China;
HoverTech, Leray, and Spaceboard in filed separate responses to the opposing
Determination
default, respectively. On January 17, petitions.
2017, the Commission issued notice of Having examined the record of this On the basis of the record 1 developed
its determination not to review the ALJ’s investigation, including the ID, the in the subject five-year review, the
ID (Order No. 27) terminating the parties’ petitions for review, and the United States International Trade
investigation as to Genius Technologies responses thereto, the Commission has Commission (‘‘Commission’’)
for good cause. On February 15, 2017, determined to review-in-part the final determines, pursuant to the Tariff Act of
the Commission issued notice of its ID. Specifically, the Commission has 1930 (‘‘the Act’’), that revocation of the
determination not to review the ALJ’s ID determined to review (1) the ID’s antidumping duty order on furfuryl
(Order No. 42) granting complainants’ finding that the Commission has no alcohol from China would be likely to
unopposed motion to terminate the jurisdiction over Alibaba; and (2) the lead to continuation or recurrence of
investigation as to their Lanham Act, ID’s analysis regarding infringement by material injury to an industry in the
common law, and state unfair and the defaulting respondents. The United States within a reasonably
deceptive trade practices allegations Commission has determined not to foreseeable time.
under section 337(a)(1)(A). review the remainder of the final ID.
On May 26, 2017, the ALJ issued his On review with respect to issue (1), Background
final ID and recommended the Commission determines to take no The Commission, pursuant to section
determination (‘‘RD’’) on remedy and position on the ID’s finding that the 751(c) of the Act (19 U.S.C. 1675(c)),
bonding. The ID finds that Alibaba is Commission has no jurisdiction over instituted this review on January 3, 2017
not an agent of the other respondents Alibaba. On review with respect to issue
mstockstill on DSK30JT082PROD with NOTICES

(82 FR 140) and determined on April 10,
and therefore is not within the (2), the Commission vacates the ID’s 2017, that it would conduct an
jurisdiction of section 337. It also finds findings in the last paragraph on page expedited review (82 FR 23063, May 19,
that none of the respondents’ accused 39 (and paragraph 5 on page 72, as well 2017).
products infringe the ’278 patent, but as the first sentence on page 83) that
that all of the defaulting respondents’ complainants have established that the 1 The record is defined in sec. 207.2(f) of the
accused products infringe the asserted defaulting respondents infringe the ’278 Commission’s Rules of Practice and Procedure (19
patent based on taking the allegations in patent. These respondents have been CFR 207.2(f)).

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Document Created: 2017-08-03 07:24:41
Document Modified: 2017-08-03 07:24:41

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		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 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 Citation		82 FR 36153