82 FR 54413 - Certain Mobile Device Holders and Components Thereof; Commission's Determination To Review In-Part a Final Initial Determination Finding a Violation of Section 337; Request for Written Submissions

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 82, Issue 221 (November 17, 2017)

Page Range		54413-54414
FR Document		2017-24927

Notice is hereby given that the U.S. International Trade Commission has determined to review in-part the final initial determination (``ID'') issued by the presiding administrative law judge (``ALJ'') on September 12, 2017, finding a violation of section 337 in the above-captioned investigation. Specifically, the Commission has determined to review the ID's analysis and findings with respect to the economic prong of the domestic industry. The Commission also requests written submissions, under the schedule set forth below, on remedy, the public interest, and bonding.

Federal Register, Volume 82 Issue 221 (Friday, November 17, 2017)

[Federal Register Volume 82, Number 221 (Friday, November 17, 2017)]
[Notices]
[Pages 54413-54414]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2017-24927]

[[Page 54413]]

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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1028]

Certain Mobile Device Holders and Components Thereof;
Commission's Determination To Review In-Part a Final Initial
Determination Finding a Violation of Section 337; Request for Written
Submissions

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 the final initial
determination (``ID'') issued by the presiding administrative law judge
(``ALJ'') on September 12, 2017, finding a violation of section 337 in
the above-captioned investigation. Specifically, the Commission has
determined to review the ID's analysis and findings with respect to the
economic prong of the domestic industry. The Commission also requests
written submissions, under the schedule set forth below, on remedy, the
public interest, and bonding.

FOR FURTHER INFORMATION CONTACT: Amanda Pitcher Fisherow, Esq., Office
of the General Counsel, U.S. International Trade Commission, 500 E
Street SW., Washington, DC 20436, telephone (202) 205-2737. 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 November 14, 2016, based on a complaint and supplements, filed on
behalf of Nite Ize, Inc. of Boulder, Colorado (``Nite Ize''). 81 FR
79519-20 (Nov. 14, 2016). The complaint, as supplemented, alleges
violations of section 337 based upon the importation into the United
States, the sale for importation, and the sale within the United States
after importation of certain mobile device holders and components
thereof by reason of infringement of certain claims of U.S. Patent No.
8,602,376 (``the '376 patent''), U.S. Patent No. 8,870,146 (``the '146
patent''), U.S. Patent No. D734,746 (``the '746 patent''), and U.S.
Patent No. D719,959 (``the '959 patent''). The complaint further
alleges that an industry in the United States exists as required by
subsection (a)(2) of section 337. The Commission's notice of
investigation named the following respondents: REXS LLC of Lewes,
Delaware; Spinido, Inc. of Brighton, Colorado; Guangzhou Kuaguoyi E-
commerce Co., Ltd. d/b/a Kagu Culture (``Kagu Culture'') of Baiyum,
China; Sunpauto Co., Ltd. of Kowloon, Hong Kong; Shenzhen Topworld
Technology Co. d/b/a IdeaPro (``IdeaPro'') of Hong Kong, Hong Kong;
Ninghuaxian Wangfulong Chaojishichang Youxian Gongsi, Ltd., d/b/a
EasybuyUS of Shanghai, China; Chang Lee d/b/a Frentaly of Duluth,
Georgia; Trendbox USA LLC d/b/a Trendbox (``Trendbox'') of Scottsdale,
Arizona; Tenswall d/b/a Shenzhen Tenswall International Trading Co. of
La Puente, California; Luo Jieqiong d/b/a Wekin of Chang Sha, China;
Pecham d/b/a Baichen Technology Ltd. of Wan Chai, Hong Kong; Cyrift d/
b/a Guangzhou Sunway Ecommerce LLC. of Guangzhou, China; Rymemo d/b/a
Global Box, LLC of Dunbar, Pennsylvania; Yuan I d/b/a Bestrix of Hubei,
China; Zhongshan Feiyu Hardware Technology Co., Ltd d/b/a YouFo
(``YouFo'') of ZhongShan City, China; and Shenzhen Youtai Trade Company
Limited, d/b/a NoChoice; Luo, Qiben, d/b/a Lita International Shop of
Nanshan; Shenzhen New Dream Technology Co., Ltd., d/b/a Newdreams
(``Newdreams''); Shenznen Gold South Technology Co., Ltd. d/b/a
Baidatong; Wang Zhi Gang d/b/a IceFox (``Icefox''); Dang Yuya d/b/a
Sminiker; Lin Zhen Mei d/b/a Anson (``Anson''); Wu Xuying d/b/a
Novoland; Shenzhen New Dream Sailing Electronic Technology Co., Ltd. d/
b/a MegaDream; Tontek d/b/a Shenzhen Hetongtai Electronics Co., Ltd.;
Scotabc d/b/a ShenChuang Optoelectronics Technology Co., Ltd.; Zhiping
Zhou d/b/a Runshion; Huijukon d/b/a Shenzhen Hui Ju Kang Technology Co.
Ltd.; Barsone d/b/a Shenzhen Senweite Electronic Commerce Ltd.; Oumeiou
d/b/a Shenzhen Oumeiou Technology Co., Ltd. (``Oumeiou''); Grando d/b/a
Shenzhen Dashentai Network Technology Co., Ltd.; Shenzhen Yingxue
Technology Co., Ltd. (``Shenzhen Yingxue''); Shenzhen Longwang
Technology Co., Ltd., d/b/a LWANG; Hu Peng d/b/a AtomBud; Wang Guoxiang
d/b/a Minse (``Minse'') all of Shenzhen, China. The Office of Unfair
Import Investigations (``OUII'') was named as a party to the
investigation.
Global Box, LLC and Chang Lee d/b/a Frentaly were terminated on the
basis of a consent order. Commission Notice (March 21, 2017);
Commission Notice (May 15, 2017). Barsone d/b/a Shenzhen Senweite
Electronic Commerce Ltd., Shenzhen Youtai Trade Company Limited, d/b/a
NoChoice, Ninghuaxian Wangfulong Chaojishichang Youxian Gongsi, Ltd.,
d/b/a EasybuyUS, Shenzhen Gold South Technology Co., Ltd. d/b/a
Baidatong, Cyrift d/b/a Guangzhou Sunway E-Commerce LLC, Hu Peng d/b/a
AtomBud, Grando d/b/a Shenzhen Dashentai Network Technology Co., Ltd.,
Huijukon d/b/a Shenzhen Hui Ju Kang Technology Co. Ltd., Luo, Qiben, d/
b/a Lita International Shop, Shenzhen New Dream Sailing Electronic
Technology Co., Ltd. d/b/a MegaDream, Spinido Inc., Dang Yuya d/b/a
Sminiker, and Yuan I d/b/a Bestrix were terminated because service
could not be effected. Commission Notice (June 13, 2017). The remaining
respondents were previously found in default (collectively, ``the
Defaulting Respondents''). Commission Notice (May 26, 2017). In
addition, the '746 and '959 patents were previously terminated from the
investigation. Commission Notice (July 28, 2017).
On May 18, 2017, Nite Ize filed a Motion for Summary Determination
of Violation by the Defaulting Respondents and for a Recommended
Determination on Remedy and Bonding, Including Issuance of a General
Exclusion Order, Limited Exclusion Orders, and Cease and Desist Orders.
On June 16, 2017, the ALJ issued Order No. 14 granting in-part Nite
Ize's motion for summary determination. The Commission determined not
to review that ID. Commission Notice (July 14, 2017).
On September 12, 2017, the ALJ issued his final ID finding a
violation of section 337 of the Tariff Act of 1930, 19 U.S.C. 1337. On
the same day, the ALJ issued his Recommended Determination on Remedy
and Bonding. No petitions for review were filed.
The Commission has determined to review the subject ID in-part.
Specifically, the Commission has determined to review the ID's analysis
and findings with respect to the economic prong of the domestic
industry requirement. The Commission

[[Page 54414]]

does not request any submissions on the issue under review.
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 Lines, Inv. No. 337-TA-360, USITC Pub. No. 2843 (Dec. 1994)
(Comm'n Op.). In particular, the written submissions should address any
request for a cease and desist order in the context of recent
Commission opinions, including those in Certain Arrowheads with
Deploying Blades and Components Thereof and Packaging Therefor, Inv.
No. 337-TA-977, Comm'n Op. (Apr. 28, 2017) and Certain Electric Skin
Care Devices, Brushes and Chargers Therefor, and Kits Containing the
Same, Inv. No. 337-TA-959, Comm'n Op. (Feb. 13, 2017). Specifically, if
Complainant seeks a cease and desist order against a defaulting
respondent, the written submissions should respond to the following
requests:

(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 Complainant also relies 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: Each party's written submission must be filed
no later than close of business on Thursday, November 30, 2017. Reply
submissions must be filed no later than the close of business on
Thursday, December 7, 2017. 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 Commission Rule 210.4(f), 19 CFR 210.4(f). Submissions
should refer to the investigation number (``Inv. No. 337-TA-1028'') in
a prominent place on the cover page and/or the first page. (See
Handbook for Electronic Filing Procedures, https://www.usitc.gov/secretary/documents/handbook_on_filing_procedures.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,\1\ solely for
cybersecurity purposes. All non-confidential written submissions will
be available for public inspection at the Office of the Secretary and
on EDIS.
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\1\ All contract personnel will sign appropriate nondisclosure
agreements.
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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: November 13, 2017.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2017-24927 Filed 11-16-17; 8:45 am]
BILLING CODE 7020-02-P

Federal Register / Vol. 82, No. 221 / Friday, November 17, 2017 / Notices 54413

INTERNATIONAL TRADE United States after importation of (‘‘Shenzhen Yingxue’’); Shenzhen
COMMISSION certain mobile device holders and Longwang Technology Co., Ltd., d/b/a
components thereof by reason of LWANG; Hu Peng d/b/a AtomBud;
[Investigation No. 337–TA–1028]
infringement of certain claims of U.S. Wang Guoxiang d/b/a Minse (‘‘Minse’’)
Certain Mobile Device Holders and Patent No. 8,602,376 (‘‘the ’376 patent’’), all of Shenzhen, China. The Office of
Components Thereof; Commission’s U.S. Patent No. 8,870,146 (‘‘the ’146 Unfair Import Investigations (‘‘OUII’’)
Determination To Review In-Part a patent’’), U.S. Patent No. D734,746 (‘‘the was named as a party to the
Final Initial Determination Finding a ’746 patent’’), and U.S. Patent No. investigation.
Violation of Section 337; Request for D719,959 (‘‘the ’959 patent’’). The Global Box, LLC and Chang Lee
Written Submissions complaint further alleges that an d/b/a Frentaly were terminated on the
industry in the United States exists as basis of a consent order. Commission
AGENCY: U.S. International Trade required by subsection (a)(2) of section Notice (March 21, 2017); Commission
Commission. 337. The Commission’s notice of Notice (May 15, 2017). Barsone d/b/a
ACTION: Notice. investigation named the following Shenzhen Senweite Electronic
respondents: REXS LLC of Lewes, Commerce Ltd., Shenzhen Youtai Trade
SUMMARY: Notice is hereby given that Delaware; Spinido, Inc. of Brighton, Company Limited, d/b/a NoChoice,
the U.S. International Trade
Colorado; Guangzhou Kuaguoyi E- Ninghuaxian Wangfulong
Commission has determined to review
commerce Co., Ltd. d/b/a Kagu Culture Chaojishichang Youxian Gongsi, Ltd., d/
in-part the final initial determination
(‘‘Kagu Culture’’) of Baiyum, China; b/a EasybuyUS, Shenzhen Gold South
(‘‘ID’’) issued by the presiding
Sunpauto Co., Ltd. of Kowloon, Hong Technology Co., Ltd. d/b/a Baidatong,
administrative law judge (‘‘ALJ’’) on
Kong; Shenzhen Topworld Technology Cyrift d/b/a Guangzhou Sunway E-
September 12, 2017, finding a violation
Co. d/b/a IdeaPro (‘‘IdeaPro’’) of Hong Commerce LLC, Hu Peng d/b/a
of section 337 in the above-captioned
Kong, Hong Kong; Ninghuaxian AtomBud, Grando d/b/a Shenzhen
investigation. Specifically, the
Wangfulong Chaojishichang Youxian Dashentai Network Technology Co.,
Commission has determined to review
Gongsi, Ltd., Ltd., Huijukon d/b/a Shenzhen Hui Ju
the ID’s analysis and findings with
d/b/a EasybuyUS of Shanghai, China; Kang Technology Co. Ltd., Luo, Qiben,
respect to the economic prong of the
Chang Lee d/b/a Frentaly of Duluth, d/b/a Lita International Shop, Shenzhen
domestic industry. The Commission
Georgia; Trendbox USA LLC d/b/a New Dream Sailing Electronic
also requests written submissions,
Trendbox (‘‘Trendbox’’) of Scottsdale, Technology Co., Ltd. d/b/a MegaDream,
under the schedule set forth below, on
Arizona; Tenswall d/b/a Shenzhen Spinido Inc., Dang Yuya d/b/a
remedy, the public interest, and
Tenswall International Trading Co. of La Sminiker, and Yuan I d/b/a Bestrix were
bonding.
Puente, California; Luo Jieqiong d/b/a terminated because service could not be
FOR FURTHER INFORMATION CONTACT: Wekin of Chang Sha, China; Pecham d/ effected. Commission Notice (June 13,
Amanda Pitcher Fisherow, Esq., Office b/a Baichen Technology Ltd. of Wan 2017). The remaining respondents were
of the General Counsel, U.S. Chai, Hong Kong; Cyrift d/b/a previously found in default
International Trade Commission, 500 E Guangzhou Sunway Ecommerce LLC. of (collectively, ‘‘the Defaulting
Street SW., Washington, DC 20436, Guangzhou, China; Rymemo d/b/a Respondents’’). Commission Notice
telephone (202) 205–2737. Copies of Global Box, LLC of Dunbar, (May 26, 2017). In addition, the ’746
non-confidential documents filed in Pennsylvania; Yuan I d/b/a Bestrix of and ’959 patents were previously
connection with this investigation are or Hubei, China; Zhongshan Feiyu terminated from the investigation.
will be available for inspection during Hardware Technology Co., Ltd Commission Notice (July 28, 2017).
official business hours (8:45 a.m. to 5:15 d/b/a YouFo (‘‘YouFo’’) of ZhongShan On May 18, 2017, Nite Ize filed a
p.m.) in the Office of the Secretary, U.S. City, China; and Shenzhen Youtai Trade Motion for Summary Determination of
International Trade Commission, 500 E Company Limited, d/b/a NoChoice; Luo, Violation by the Defaulting Respondents
Street SW., Washington, DC 20436, Qiben, d/b/a Lita International Shop of and for a Recommended Determination
telephone (202) 205–2000. General Nanshan; Shenzhen New Dream on Remedy and Bonding, Including
information concerning the Commission Technology Co., Ltd., d/b/a Newdreams Issuance of a General Exclusion Order,
may also be obtained by accessing its (‘‘Newdreams’’); Shenznen Gold South Limited Exclusion Orders, and Cease
Internet server at https://www.usitc.gov. Technology Co., Ltd. d/b/a Baidatong; and Desist Orders. On June 16, 2017, the
The public record for this investigation Wang Zhi Gang d/b/a IceFox (‘‘Icefox’’); ALJ issued Order No. 14 granting in-part
may be viewed on the Commission’s Dang Yuya d/b/a Sminiker; Lin Zhen Nite Ize’s motion for summary
electronic docket (EDIS) at https:// Mei d/b/a Anson (‘‘Anson’’); Wu Xuying determination. The Commission
edis.usitc.gov. Hearing-impaired d/b/a Novoland; Shenzhen New Dream determined not to review that ID.
persons are advised that information on Sailing Electronic Technology Co., Ltd. Commission Notice (July 14, 2017).
this matter can be obtained by d/b/a MegaDream; Tontek d/b/a On September 12, 2017, the ALJ
contacting the Commission’s TDD Shenzhen Hetongtai Electronics Co., issued his final ID finding a violation of
terminal on (202) 205–1810. Ltd.; Scotabc d/b/a ShenChuang section 337 of the Tariff Act of 1930, 19
SUPPLEMENTARY INFORMATION: The Optoelectronics Technology Co., Ltd.; U.S.C. 1337. On the same day, the ALJ
Commission instituted this investigation Zhiping Zhou d/b/a Runshion; issued his Recommended Determination
on November 14, 2016, based on a Huijukon d/b/a Shenzhen Hui Ju Kang on Remedy and Bonding. No petitions
complaint and supplements, filed on Technology Co. Ltd.; Barsone d/b/a for review were filed.
sradovich on DSK3GMQ082PROD with NOTICES

behalf of Nite Ize, Inc. of Boulder, Shenzhen Senweite Electronic The Commission has determined to
Colorado (‘‘Nite Ize’’). 81 FR 79519–20 Commerce Ltd.; Oumeiou d/b/a review the subject ID in-part.
(Nov. 14, 2016). The complaint, as Shenzhen Oumeiou Technology Co., Specifically, the Commission has
supplemented, alleges violations of Ltd. (‘‘Oumeiou’’); Grando d/b/a determined to review the ID’s analysis
section 337 based upon the importation Shenzhen Dashentai Network and findings with respect to the
into the United States, the sale for Technology Co., Ltd.; Shenzhen economic prong of the domestic
importation, and the sale within the Yingxue Technology Co., Ltd. industry requirement. The Commission

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Document Created: 2017-11-17 05:14:57
Document Modified: 2017-11-17 05:14:57

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		Amanda Pitcher Fisherow, Esq., Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, telephone (202) 205-2737. 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 54413