82 FR 51291 - Certain Hand Dryers and Housing for Hand Dryers; Commission's Determination To Affirm the Domestic Industry Finding Under Modified Reasoning; Issuance of a General Exclusion Order; Issuance of Three Cease and Desist Orders; Termination of the Investigation

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 82, Issue 212 (November 3, 2017)

Page Range		51291-51292
FR Document		2017-23938

Notice is hereby given that the U.S. International Trade Commission has determined to affirm under modified reasoning the ALJ's finding with respect to the existence of a domestic industry. The Commission has also determined to issue a general exclusion order directed against infringing hand dryers and housings for hand dryers, and has issued three cease and desist orders against defaulted respondents US Air Hand Dryer, Penson & Co., and TC Bunny Co., Ltd. The investigation is hereby terminated.

Federal Register, Volume 82 Issue 212 (Friday, November 3, 2017)

[Federal Register Volume 82, Number 212 (Friday, November 3, 2017)]
[Notices]
[Pages 51291-51292]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-23938]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1015]


Certain Hand Dryers and Housing for Hand Dryers; Commission's 
Determination To Affirm the Domestic Industry Finding Under Modified 
Reasoning; Issuance of a General Exclusion Order; Issuance of Three 
Cease and Desist Orders; Termination of the Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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

SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined to affirm under modified reasoning the ALJ's 
finding with respect to the existence of a domestic industry. The 
Commission has also determined to issue a general exclusion order 
directed against infringing hand dryers and housings for hand dryers, 
and has issued three cease and desist orders against defaulted 
respondents US Air Hand Dryer, Penson & Co., and TC Bunny Co., Ltd. The 
investigation is hereby terminated.

FOR FURTHER INFORMATION CONTACT: Robert Needham, Office of the General 
Counsel, U.S. International Trade Commission, 500 E Street SW., 
Washington, DC 20436, telephone (202) 708-5468. 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 August 1, 2016, based on a complaint filed by Complainant Excel 
Dryer, Inc. of East Longmeadow, Massachusetts

[[Page 51292]]

(``Excel''), alleging a violation of section 337 of the Tariff Act of 
1930, as amended, 19 U.S.C. 1337 (``section 337''), based upon the 
importation into the United States, or in the sale of certain hand 
dryers and housings for hand dryers by reason of trade dress 
infringement, the threat or effect of which is to destroy or 
substantially injure an industry in the United States. See 81 FR 50549-
50 (Aug. 1, 2016). The notice of investigation identified twelve 
respondents: ACL Group (Intl.) Ltd. of Skelbrooke, United Kingdom 
(``ACL''); Alpine Industries Inc. of Irvington, New Jersey 
(``Alpine''); FactoryDirectSale of Ontario, California; Fujian Oryth 
Industrial Co., Ltd. (a/k/a Oryth) of Fujian, China (``Oryth''); Jinhua 
Kingwe Electrical Co. Ltd., (a/k/a Kingwe) of Jinhua City, China 
(``Kingwe''); Penson & Co. of Shanghai, China (``Penson''); Taizhou 
Dihour Electrical Appliances Co., Ltd., a/k/a Dihour of Wenling City, 
China (``Dihour''); TC Bunny Co., Ltd. of Shanghai, China (``TC 
Bunny''); Toolsempire of Ontario, California; US Air Hand Dryer of 
Sacramento, California (``US Air''); Sovereign Industrial (Jiaxing) Co. 
Ltd. d/b/a Vinovo of Jiaxing, China (``Vinovo''); and Zhejiang Aike 
Appliance Co., Ltd. of Zhejiang, China (``Aike''). See id. The Office 
of Unfair Import Investigations (``OUII'') is also a party to this 
investigation. See id.
    The Commission terminated six respondents from the investigation 
based on consent order stipulations and the entry of consent orders. 
These terminated respondents are: Alpine, Order No. 11 (Sept. 8, 2016), 
not reviewed, Notice (Oct. 11, 2016); Kingwe, Order No. 12 (Sept. 8, 
2016), not reviewed, Notice (Oct. 11, 2016); ACL, Order No. 15 (Sept. 
28, 2016), not reviewed, Notice (Oct. 27, 2016); Aike, Order No. 16 
(Oct. 4, 2016), not reviewed, Notice (Nov. 3, 2016); Toolsempire, Order 
No. 18 (Oct. 11, 2016), not reviewed, Notice (Nov. 14, 2016); and 
FactoryDirectSale (Order No. 19 (Oct. 11, 2016), not reviewed, Notice 
(Nov. 14, 2016).
    The Commission found the six remaining respondents in default based 
on their failure to respond to the complaint and notice of 
investigation. These respondents (``the Defaulted Respondents'') are: 
Penson, Dihour, US Air, Oryth, TC Bunny, and Vinovo. Order No. 21 (Oct. 
31, 2016), not reviewed, Notice (Nov. 28, 2016); Order No. 24 (Feb. 2, 
2017), not reviewed, Notice (Feb. 22, 2017).
    On March 24, 2017, Excel filed a motion for summary determination 
on domestic industry and violation of section 337 by the Defaulting 
Respondents. Excel also requested a general exclusion order, cease and 
desist orders, and a bond rate of 100 percent of entered value during 
the period of Presidential review. On April 5, 2017, the OUII filed a 
response in support of Excel's motion and requested remedy. On June 2, 
2017, the ALJ issued the subject ID/RD (Order No. 27), granting the 
motion and recommending that the Commission issue a general exclusion 
order, issue cease and desist orders, and set a bond at 100 percent of 
entered value during the period of Presidential review. No petitions 
for review of the subject ID were filed.
    On July 14, 2017, the Commission determined ``to review the ID's 
analysis and finding with respect to the existence of a domestic 
industry.'' Notice (July 14, 2017). The Commission also sought written 
submissions on two issues from the parties, and written submissions on 
remedy, the public interest, and bonding from the parties and the 
public. The Commission received a main submission from OUII on July 27, 
2017, a main submission from Excel on July 28, 2017, and a reply 
submission from OUII on August 2, 2017. No other submissions were 
received.
    Having examined the record of this investigation, the Commission 
has determined to affirm under modified reasoning the ALJ's finding 
with respect to the existence of a domestic industry. Here, although 
this investigation concerns an alleged violation of section 
337(a)(1)(A)(i) based on trade dress infringement, the ALJ analyzed the 
existence of a domestic industry under section 337(a)(3), which applies 
to section 337(a)(1)(B)-(E). The Commission finds that the evidence 
credited by the ALJ is sufficient to satisfy the requirement of ``an 
industry in the United States'' under section 337(a)(1)(A)(i).
    The Commission has determined that the appropriate form of relief 
in this investigation is: (a) A general exclusion order; and (b) cease 
and desist orders prohibiting US Air, Penson, and TC Bunny from 
importing, selling, offering for sale, marketing, advertising, 
distributing, offering for sale, transferring (except for exportation), 
or soliciting U.S. agents or distributors of imported hand dryers and 
housings for hand dryers that infringe the Excel Trade Dress. The 
Commission has further determined that the public interest factors 
enumerated in section 337(d)(2) (19 U.S.C. 1337(d)(2)) and in section 
337(g)(1) (19 U.S.C. 1337(g)(1)) do not preclude the issuance of the 
general exclusion order and cease and desist orders, respectively. 
Finally, the Commission has determined that the bond for importation 
during the period of Presidential review shall be in the amount of 100 
percent of the entered value of the imported subject articles of the 
respondents. The investigation is terminated.
    Chairman Schmidtlein supports issuing all of the cease and desist 
orders requested by Excel, including against Vinovo. She has filed a 
dissenting opinion explaining her views.
    The Commission's orders and opinion were delivered to the President 
and the United States Trade Representative on the day of their 
issuance.
    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 30, 2017.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2017-23938 Filed 11-2-17; 8:45 am]
BILLING CODE 7020-02-P

Federal Register / Vol. 82, No. 212 / Friday, November 3, 2017 / Notices 51291

By order of the Commission. (collectively, ‘‘Complainants’’). See 82 Issued: October 30, 2017
Issued: October 30, 2017. FR 20377–78 (May 1, 2017). The Lisa R. Barton,
Lisa R. Barton, complaint alleges violations of section Secretary to the Commission.
Secretary to the Commission. 337 of the Tariff Act of 1930, as [FR Doc. 2017–23916 Filed 11–2–17; 8:45 am]
[FR Doc. 2017–23929 Filed 11–2–17; 8:45 am] amended (19 U.S.C. 1337), based upon BILLING CODE 7020–02–P
BILLING CODE 7020–02–P
the importation into the United States,
the sale for importation into the United
States, and the sale within the United INTERNATIONAL TRADE
INTERNATIONAL TRADE States after importation, of certain LTE COMMISSION
COMMISSION wireless communication devices and
[Investigation No. 337–TA–1015]
components thereof by reason of
[Investigation No. 337–TA–1051] infringement of certain claims of U.S. Certain Hand Dryers and Housing for
Patent No. 7,916,714; U.S. Patent No. Hand Dryers; Commission’s
Certain LTE Wireless Communication
8,107,456; U.S. Patent No. 9,191,173; Determination To Affirm the Domestic
Devices and Components Thereof;
U.S. Patent No. 9,225,572; and U.S. Industry Finding Under Modified
Commission Determination Not To
Patent No. 8,891,560. See id. The notice Reasoning; Issuance of a General
Review an Initial Determination
of investigation identified BLU Exclusion Order; Issuance of Three
Granting a Joint Motion To Terminate
Products, Inc. of Doral, Florida and CT Cease and Desist Orders; Termination
the Investigation Based Upon
Miami, LLC of Doral, Florida of the Investigation
Settlement; Termination of the
(collectively, ‘‘Respondents’’) as
Investigation
respondents in this investigation. See AGENCY: U.S. International Trade
AGENCY: U.S. International Trade id. The Office of Unfair Import Commission.
Commission. Investigations is also a party to this ACTION: Notice.
ACTION: Notice. investigation. See id.
On October 4, 2017, Complainants SUMMARY: Notice is hereby given that
SUMMARY: Notice is hereby given that and Respondents (collectively, ‘‘the the U.S. International Trade
the U.S. International Trade Private Parties’’) filed a joint motion to Commission has determined to affirm
Commission has determined not to terminate the investigation based upon under modified reasoning the ALJ’s
review an initial determination (‘‘ID’’) settlement (‘‘Joint Motion’’). On October finding with respect to the existence of
(Order No. 13) of the presiding 10, 2017, the Commission Investigative a domestic industry. The Commission
administrative law judge (‘‘ALJ’’) Attorney filed a response in support of has also determined to issue a general
granting a joint motion to terminate the the Joint Motion. exclusion order directed against
investigation based upon settlement. On October 12, 2017, the ALJ issued infringing hand dryers and housings for
The investigation is terminated. the subject ID (Order No. 13) granting hand dryers, and has issued three cease
FOR FURTHER INFORMATION CONTACT: the Joint Motion. The ID finds that the and desist orders against defaulted
Houda Morad, Office of the General Private Parties complied with respondents US Air Hand Dryer, Penson
Counsel, U.S. International Trade Commission Rule 210.21(b), 19 CFR & Co., and TC Bunny Co., Ltd. The
Commission, 500 E Street SW., 210.21(b). See ID at 2. In particular, the investigation is hereby terminated.
Washington, DC 20436, telephone (202) ID notes that the Private Parties FOR FURTHER INFORMATION CONTACT:
708–4716. Copies of non-confidential ‘‘provided confidential and public Robert Needham, Office of the General
documents filed in connection with this versions of the [Settlement and License] Counsel, U.S. International Trade
investigation are or will be available for Agreement’’ and ‘‘state[d] [that] ‘[t]here Commission, 500 E Street SW.,
inspection during official business are no other agreements, written or oral, Washington, DC 20436, telephone (202)
hours (8:45 a.m. to 5:15 p.m.) in the express or implied between 708–5468. Copies of non-confidential
Office of the Secretary, U.S. [Complainants] and [Respondents] documents filed in connection with this
International Trade Commission, 500 E concerning the subject matter of this investigation are or will be available for
Street SW., Washington, DC 20436, investigation.’ ’’ See id. (citing Joint inspection during official business
telephone (202) 205–2000. General Motion at 2). The ID also considers the hours (8:45 a.m. to 5:15 p.m.) in the
information concerning the Commission public interest under Commission Rule Office of the Secretary, U.S.
may also be obtained by accessing its 210.50(b)(2), 19 CFR 210.50(b)(2) and International Trade Commission, 500 E
Internet server at https://www.usitc.gov. finds ‘‘no evidence indicating that Street SW., Washington, DC 20436,
The public record for this investigation terminating this investigation based on telephone (202) 205–2000. General
may be viewed on the Commission’s the [Settlement and License] Agreement information concerning the Commission
electronic docket (EDIS) at https:// would be contrary to the public may also be obtained by accessing its
edis.usitc.gov. Hearing-impaired interest.’’ See id. Internet server at https://www.usitc.gov.
persons are advised that information on No party has filed a petition for The public record for this investigation
this matter can be obtained by review of the subject ID. may be viewed on the Commission’s
contacting the Commission’s TDD The Commission has determined not electronic docket (EDIS) at https://
terminal on (202) 205–1810. to review the subject ID. The edis.usitc.gov. Hearing-impaired
SUPPLEMENTARY INFORMATION: The investigation is terminated. persons are advised that information on
Commission instituted Investigation No. The authority for the Commission’s this matter can be obtained by
ethrower on DSK3G9T082PROD with NOTICES

337–TA–1051 on May 1, 2017, based on determination is contained in section contacting the Commission’s TDD
a complaint filed by Complainants LG 337 of the Tariff Act of 1930, as terminal on (202) 205–1810.
Electronics, Inc. of Seoul, Republic of amended (19 U.S.C. 1337), and in part SUPPLEMENTARY INFORMATION: The
Korea; LG Electronics Alabama, Inc. of 210 of the Commission’s Rules of Commission instituted this investigation
Huntsville, Alabama; and LG Practice and Procedure (19 CFR part on August 1, 2016, based on a complaint
Electronics MobileComm U.S.A., Inc. of 210). filed by Complainant Excel Dryer, Inc.
Englewood Cliffs, New Jersey By order of the Commission. of East Longmeadow, Massachusetts

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51292 Federal Register / Vol. 82, No. 212 / Friday, November 3, 2017 / Notices

(‘‘Excel’’), alleging a violation of section Respondents. Excel also requested a Commission has determined that the
337 of the Tariff Act of 1930, as general exclusion order, cease and bond for importation during the period
amended, 19 U.S.C. 1337 (‘‘section desist orders, and a bond rate of 100 of Presidential review shall be in the
337’’), based upon the importation into percent of entered value during the amount of 100 percent of the entered
the United States, or in the sale of period of Presidential review. On April value of the imported subject articles of
certain hand dryers and housings for 5, 2017, the OUII filed a response in the respondents. The investigation is
hand dryers by reason of trade dress support of Excel’s motion and requested terminated.
infringement, the threat or effect of remedy. On June 2, 2017, the ALJ issued Chairman Schmidtlein supports
which is to destroy or substantially the subject ID/RD (Order No. 27), issuing all of the cease and desist orders
injure an industry in the United States. granting the motion and recommending requested by Excel, including against
See 81 FR 50549–50 (Aug. 1, 2016). The that the Commission issue a general Vinovo. She has filed a dissenting
notice of investigation identified twelve exclusion order, issue cease and desist opinion explaining her views.
respondents: ACL Group (Intl.) Ltd. of orders, and set a bond at 100 percent of The Commission’s orders and opinion
Skelbrooke, United Kingdom (‘‘ACL’’); entered value during the period of were delivered to the President and the
Alpine Industries Inc. of Irvington, New Presidential review. No petitions for United States Trade Representative on
Jersey (‘‘Alpine’’); FactoryDirectSale of review of the subject ID were filed. the day of their issuance.
Ontario, California; Fujian Oryth On July 14, 2017, the Commission The authority for the Commission’s
Industrial Co., Ltd. (a/k/a Oryth) of determined ‘‘to review the ID’s analysis determination is contained in section
Fujian, China (‘‘Oryth’’); Jinhua Kingwe and finding with respect to the 337 of the Tariff Act of 1930, as
Electrical Co. Ltd., (a/k/a Kingwe) of existence of a domestic industry.’’ amended (19 U.S.C. 1337), and in part
Jinhua City, China (‘‘Kingwe’’); Penson Notice (July 14, 2017). The Commission 210 of the Commission’s Rules of
& Co. of Shanghai, China (‘‘Penson’’); also sought written submissions on two Practice and Procedure (19 CFR part
Taizhou Dihour Electrical Appliances issues from the parties, and written 210).
Co., Ltd., a/k/a Dihour of Wenling City, submissions on remedy, the public
By order of the Commission.
China (‘‘Dihour’’); TC Bunny Co., Ltd. of interest, and bonding from the parties
and the public. The Commission Issued: October 30, 2017.
Shanghai, China (‘‘TC Bunny’’);
Toolsempire of Ontario, California; US received a main submission from OUII Lisa R. Barton,
Air Hand Dryer of Sacramento, on July 27, 2017, a main submission Secretary to the Commission.
California (‘‘US Air’’); Sovereign from Excel on July 28, 2017, and a reply [FR Doc. 2017–23938 Filed 11–2–17; 8:45 am]
Industrial (Jiaxing) Co. Ltd. d/b/a submission from OUII on August 2, BILLING CODE 7020–02–P
Vinovo of Jiaxing, China (‘‘Vinovo’’); 2017. No other submissions were
and Zhejiang Aike Appliance Co., Ltd. received.
of Zhejiang, China (‘‘Aike’’). See id. The Having examined the record of this INTERNATIONAL TRADE
Office of Unfair Import Investigations investigation, the Commission has COMMISSION
(‘‘OUII’’) is also a party to this determined to affirm under modified [Investigation No. 337–TA–1080]
investigation. See id. reasoning the ALJ’s finding with respect
The Commission terminated six to the existence of a domestic industry. Certain Wafer-Level Packaging
respondents from the investigation Here, although this investigation Semiconductor Devices and Products
based on consent order stipulations and concerns an alleged violation of section Containing Same (Including Cellular
the entry of consent orders. These 337(a)(1)(A)(i) based on trade dress Phones, Tablets, Laptops, and
terminated respondents are: Alpine, infringement, the ALJ analyzed the Notebooks) and Components Thereof;
Order No. 11 (Sept. 8, 2016), not existence of a domestic industry under Institution of Investigation
reviewed, Notice (Oct. 11, 2016); section 337(a)(3), which applies to
Kingwe, Order No. 12 (Sept. 8, 2016), section 337(a)(1)(B)–(E). The AGENCY: U.S. International Trade
not reviewed, Notice (Oct. 11, 2016); Commission finds that the evidence Commission.
ACL, Order No. 15 (Sept. 28, 2016), not credited by the ALJ is sufficient to ACTION: Notice.
reviewed, Notice (Oct. 27, 2016); Aike, satisfy the requirement of ‘‘an industry
Order No. 16 (Oct. 4, 2016), not in the United States’’ under section SUMMARY: Notice is hereby given that a
reviewed, Notice (Nov. 3, 2016); 337(a)(1)(A)(i). complaint was filed with the U.S.
Toolsempire, Order No. 18 (Oct. 11, The Commission has determined that International Trade Commission on
2016), not reviewed, Notice (Nov. 14, the appropriate form of relief in this September 28, 2017, under section 337
2016); and FactoryDirectSale (Order No. investigation is: (a) A general exclusion of the Tariff Act of 1930, as amended,
19 (Oct. 11, 2016), not reviewed, Notice order; and (b) cease and desist orders on behalf of Tessera Advanced
(Nov. 14, 2016). prohibiting US Air, Penson, and TC Technologies, Inc. of San Jose,
The Commission found the six Bunny from importing, selling, offering California. A supplement to the
remaining respondents in default based for sale, marketing, advertising, complaint was filed on October 13,
on their failure to respond to the distributing, offering for sale, 2017. The complaint alleges violations
complaint and notice of investigation. transferring (except for exportation), or of section 337 based upon the
These respondents (‘‘the Defaulted soliciting U.S. agents or distributors of importation into the United States, the
Respondents’’) are: Penson, Dihour, US imported hand dryers and housings for sale for importation, and the sale within
Air, Oryth, TC Bunny, and Vinovo. hand dryers that infringe the Excel the United States after importation of
Order No. 21 (Oct. 31, 2016), not Trade Dress. The Commission has certain wafer-level packaging
ethrower on DSK3G9T082PROD with NOTICES

reviewed, Notice (Nov. 28, 2016); Order further determined that the public semiconductor devices and products
No. 24 (Feb. 2, 2017), not reviewed, interest factors enumerated in section containing same (including cellular
Notice (Feb. 22, 2017). 337(d)(2) (19 U.S.C. 1337(d)(2)) and in phones, tablets, laptops, and notebooks)
On March 24, 2017, Excel filed a section 337(g)(1) (19 U.S.C. 1337(g)(1)) and components thereof by reason of
motion for summary determination on do not preclude the issuance of the infringement of one or more claims of
domestic industry and violation of general exclusion order and cease and U.S. Patent No. 6,954,001 (‘‘the ’001
section 337 by the Defaulting desist orders, respectively. Finally, the patent’’) and U.S. Patent No. 6,784,557

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Document Created: 2018-10-25 10:23:04
Document Modified: 2018-10-25 10:23:04

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		Robert Needham, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, telephone (202) 708-5468. 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 51291