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)

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, 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