82 FR 9595 - Certain Basketball Backboard Components and Products Containing the Same Institution of Investigation

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 82, Issue 24 (February 7, 2017)

Page Range		9595-9596
FR Document		2017-02438

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on December 30, 2016, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Lifetime Products, Inc. of Clearfield, Utah. Amendments to the complaint were filed on January 23, 2017, and January 24, 2017. The complaint, as amended, 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 basketball backboard components and products containing the same by reason of infringement of U.S. Patent No. 7,749,111 (``the '111 patent''); U.S. Patent No. 8,845,463 (``the '463 patent''); and U.S. Patent No. 8,852,034 (``the '034 patent''). The complaint further alleges that an industry in the United States exists as required by subsection (a)(2) of section 337. The complainant requests that the Commission institute an investigation and, after the investigation, issue a limited exclusion order, and cease and desist orders.

Federal Register, Volume 82 Issue 24 (Tuesday, February 7, 2017)

[Federal Register Volume 82, Number 24 (Tuesday, February 7, 2017)]
[Notices]
[Pages 9595-9596]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-02438]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1040]


Certain Basketball Backboard Components and Products Containing 
the Same Institution of Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on December 30, 2016, under section 
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
Lifetime Products, Inc. of Clearfield, Utah. Amendments to the 
complaint were filed on January 23, 2017, and January 24, 2017. The 
complaint, as amended, 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 basketball 
backboard components and products containing the same by reason of 
infringement of U.S. Patent No. 7,749,111 (``the '111 patent''); U.S. 
Patent No. 8,845,463 (``the '463 patent''); and U.S. Patent No. 
8,852,034 (``the '034 patent''). The complaint further alleges that an 
industry in the United States exists as required by subsection (a)(2) 
of section 337.
    The complainant requests that the Commission institute an 
investigation and, after the investigation, issue a limited exclusion 
order, and cease and desist orders.

ADDRESSES: The complaint, except for any confidential information 
contained therein, is 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., Room 112, Washington, 
DC 20436, telephone (202) 205-2000. Hearing impaired individuals are 
advised that information on this matter can be obtained by contacting 
the Commission's TDD terminal on (202) 205-1810. Persons with mobility 
impairments who will need special assistance in gaining access to the 
Commission should contact the Office of the Secretary at (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.

FOR FURTHER INFORMATION CONTACT: The Office of the Secretary, Docket 
Services Division, U.S. International Trade Commission, telephone (202) 
205-1802.

    Authority:  The authority for institution of this investigation 
is contained in section 337 of the Tariff Act of 1930, as amended, 
and in section 210.10 of the Commission's Rules of Practice and 
Procedure, 19 CFR 210.10 (2016).
    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on February 1, 2017, ordered that--
    (1) Pursuant to subsection (b) of section 337 of the Tariff Act of 
1930, as amended, an investigation be instituted to determine whether 
there is a violation of subsection (a)(1)(B) of section 337 in the 
importation into the United States, the sale for importation, or the 
sale within the United States after importation of certain basketball 
backboard components and products containing the same by reason of 
infringement of one or more of claims 1, 10, 19, 25, and 35 of the '111 
patent; claims 1, 2, 6, 12, and 23 of the '463 patent; and claims 18, 
26, 28, 39, and 43 of the '034 patent, and whether an industry in the 
United States exists as required by subsection (a)(2) of section 337;
    (2) For the purpose of the investigation so instituted, the 
following are hereby named as parties upon which this notice of 
investigation shall be served:
    (a) The complainant is:

Lifetime Products, Inc., Freeport Center, Building D-11, Clearfield, UT 
84016

    (b) The respondents are the following entities alleged to be in 
violation of section 337, and are the parties upon which the complaint 
is to be served:


[[Page 9596]]


Russell Brands, LLC d/b/a Spalding, One Fruit of the Loom Drive, 
Bowling Green, KY 42102

Reliable Sports Equipment (Wujiang) Co. Ltd., No. 4888 Linhu Road, Lili 
Town, Wujiang City, Jiangsu, China 215212

    (3) For the investigation so instituted, the Chief Administrative 
Law Judge, U.S. International Trade Commission, shall designate the 
presiding Administrative Law Judge.
    The Office of Unfair Import Investigations will not be named as a 
party to this investigation.
    Responses to the complaint and the notice of investigation must be 
submitted by the named respondents in accordance with section 210.13 of 
the Commission's Rules of Practice and Procedure, 19 CFR 210.13. 
Pursuant to 19 CFR 201.16(e) and 210.13(a), such responses will be 
considered by the Commission if received not later than 20 days after 
the date of service by the Commission of the complaint and the notice 
of investigation. Extensions of time for submitting responses to the 
complaint and the notice of investigation will not be granted unless 
good cause therefor is shown.
    Failure of a respondent to file a timely response to each 
allegation in the complaint and in this notice may be deemed to 
constitute a waiver of the right to appear and contest the allegations 
of the complaint and this notice, and to authorize the administrative 
law judge and the Commission, without further notice to the respondent, 
to find the facts to be as alleged in the complaint and this notice and 
to enter an initial determination and a final determination containing 
such findings, and may result in the issuance of an exclusion order or 
a cease and desist order or both directed against the respondent.

    By order of the Commission.

    Issued: February 1, 2017.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2017-02438 Filed 2-6-17; 8:45 am]
 BILLING CODE 7020-02-P

Federal Register / Vol. 82, No. 24 / Tuesday, February 7, 2017 / Notices 9595

Commission has determined not to On January 3, 2017, the presiding ALJ ADDRESSES: The complaint, except for
review the presiding administrative law granted the motion as the subject ID. any confidential information contained
judge’s (‘‘ALJ’’) initial determination The ALJ found that the amended motion therein, is available for inspection
(‘‘ID’’) (Order No. 15), which terminated complies with Commission Rules, and during official business hours (8:45 a.m.
the investigation on the basis of that granting the motion is not contrary to 5:15 p.m.) in the Office of the
settlement. to the public interest. Id. at 2–3; see 19 Secretary, U.S. International Trade
FOR FURTHER INFORMATION CONTACT: CFR 210.21(b), 210.50(b)(2). Commission, 500 E Street SW., Room
Sidney A. Rosenzweig, Office of the No petitions for review of the ID were 112, Washington, DC 20436, telephone
General Counsel, U.S. International filed. The Commission has determined (202) 205–2000. Hearing impaired
Trade Commission, 500 E Street SW., not to review the ID. individuals are advised that information
Washington, DC 20436, telephone (202) The authority for the Commission’s on this matter can be obtained by
708–2532. Copies of non-confidential determination is contained in section contacting the Commission’s TDD
documents filed in connection with this 337 of the Tariff Act of 1930, as terminal on (202) 205–1810. Persons
investigation are or will be available for amended (19 U.S.C. 1337), and in Part with mobility impairments who will
inspection during official business 210 of the Commission’s Rules of need special assistance in gaining access
hours (8:45 a.m. to 5:15 p.m.) in the Practice and Procedure (19 CFR part to the Commission should contact the
Office of the Secretary, U.S. 210). Office of the Secretary at (202) 205–
International Trade Commission, 500 E 2000. General information concerning
By order of the Commission.
Street SW., Washington, DC 20436, the Commission may also be obtained
Issued: February 1, 2017
telephone (202) 205–2000. General by accessing its internet server at
Lisa R. Barton, https://www.usitc.gov. The public
information concerning the Commission Secretary to the Commission.
may also be obtained by accessing its record for this investigation may be
Internet server at https://www.usitc.gov.
[FR Doc. 2017–02446 Filed 2–6–17; 8:45 am] viewed on the Commission’s electronic
The public record for this investigation BILLING CODE 7020–02–P docket (EDIS) at https://edis.usitc.gov.
may be viewed on the Commission’s FOR FURTHER INFORMATION CONTACT: The
electronic docket (EDIS) at https:// Office of the Secretary, Docket Services
INTERNATIONAL TRADE Division, U.S. International Trade
edis.usitc.gov. Hearing-impaired
COMMISSION Commission, telephone (202) 205–1802.
persons are advised that information on
this matter can be obtained by Authority: The authority for institution of
contacting the Commission TDD [Investigation No. 337–TA–1040] this investigation is contained in section 337
terminal on (202) 205–1810. of the Tariff Act of 1930, as amended, and
Certain Basketball Backboard in section 210.10 of the Commission’s Rules
SUPPLEMENTARY INFORMATION: The
Components and Products Containing of Practice and Procedure, 19 CFR 210.10
Commission instituted this investigation the Same Institution of Investigation (2016).
on May 23, 2016, based on an amended Scope of Investigation: Having
complaint filed by Paice LLC and Abell AGENCY: U.S. International Trade considered the complaint, the U.S.
Foundation, Inc. both of Baltimore, Commission. International Trade Commission, on
Maryland (collectively, ‘‘Paice’’). 81 FR ACTION: Notice. February 1, 2017, ordered that—
32343 (May 23, 2016). The amended (1) Pursuant to subsection (b) of
complaint alleged violations of section SUMMARY: Notice is hereby given that a section 337 of the Tariff Act of 1930, as
337 of the Tariff Act of 1930, as complaint was filed with the U.S. amended, an investigation be instituted
amended (19 U.S.C. 1337), in the International Trade Commission on to determine whether there is a
importation into the United States, the December 30, 2016, under section 337 of violation of subsection (a)(1)(B) of
sale for importation, or the sale within the Tariff Act of 1930, as amended, 19 section 337 in the importation into the
the United States after importation of U.S.C. 1337, on behalf of Lifetime United States, the sale for importation,
certain hybrid electric vehicles and Products, Inc. of Clearfield, Utah. or the sale within the United States after
components thereof by reason of the Amendments to the complaint were importation of certain basketball
infringement of certain claims of U.S. filed on January 23, 2017, and January backboard components and products
Patent No. 7,104,347; U.S. Patent No. 24, 2017. The complaint, as amended, containing the same by reason of
7,237,634; and U.S. Patent No. alleges violations of section 337 based infringement of one or more of claims 1,
8,214,097. The notice of investigation upon the importation into the United 10, 19, 25, and 35 of the ’111 patent;
named as respondents Volkswagen AG States, the sale for importation, and the claims 1, 2, 6, 12, and 23 of the ’463
of Wolfsburg, Germany; Volkswagen sale within the United States after patent; and claims 18, 26, 28, 39, and 43
Group of America, Inc. of Herndon, importation of certain basketball of the ’034 patent, and whether an
Virginia; Dr. Ing. H.C. F. Porsche AG of backboard components and products industry in the United States exists as
Porscheplatz, Germany; Porsche Cars containing the same by reason of required by subsection (a)(2) of section
North America, Inc. of Atlanta, Georgia; infringement of U.S. Patent No. 337;
Audi AG of Ingolstadt, Germany; and 7,749,111 (‘‘the ’111 patent’’); U.S. (2) For the purpose of the
Audi of America, of Herndon, Virginia Patent No. 8,845,463 (‘‘the ’463 patent’’); investigation so instituted, the following
(collectively, ‘‘Volkswagen’’). The Office and U.S. Patent No. 8,852,034 (‘‘the ’034 are hereby named as parties upon which
of Unfair Import Investigations was not patent’’). The complaint further alleges this notice of investigation shall be
named as a party. that an industry in the United States served:
(a) The complainant is:
Lhorne on DSK30JT082PROD with NOTICES

On December 20, 2016, Paice and exists as required by subsection (a)(2) of
Volkswagen filed a joint motion to section 337. Lifetime Products, Inc., Freeport Center,
terminate the investigation in view of a The complainant requests that the Building D–11, Clearfield, UT 84016
settlement agreement between the Commission institute an investigation (b) The respondents are the following
parties. On December 23, 2016, they and, after the investigation, issue a entities alleged to be in violation of
filed an amended joint motion to limited exclusion order, and cease and section 337, and are the parties upon
include further information. desist orders. which the complaint is to be served:

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9596 Federal Register / Vol. 82, No. 24 / Tuesday, February 7, 2017 / Notices

Russell Brands, LLC d/b/a Spalding, ACTION: Notice. February 17, 2017, and made available
One Fruit of the Loom Drive, Bowling to persons on the Administrative
Green, KY 42102 SUMMARY: The Commission hereby gives Protective Order service list for this
notice of the scheduling of an expedited review. A public version will be issued
Reliable Sports Equipment (Wujiang)
review pursuant to the Tariff Act of thereafter, pursuant to section
Co. Ltd., No. 4888 Linhu Road, Lili
1930 (‘‘the Act’’) to determine whether 207.62(d)(4) of the Commission’s rules.
Town, Wujiang City, Jiangsu, China
revocation of the antidumping duty Written submissions.—As provided in
215212
order on pure magnesium (ingot) from section 207.62(d) of the Commission’s
(3) For the investigation so instituted, China would be likely to lead to rules, interested parties that are parties
the Chief Administrative Law Judge, continuation or recurrence of material to the review and that have provided
U.S. International Trade Commission, injury within a reasonably foreseeable individually adequate responses to the
shall designate the presiding time. notice of institution,3 and any party
Administrative Law Judge. other than an interested party to the
DATES: Effective Date: January 6, 2017.
The Office of Unfair Import review may file written comments with
Investigations will not be named as a FOR FURTHER INFORMATION CONTACT:
Amelia Shister (202–205–2047), Office the Secretary on what determination the
party to this investigation. Commission should reach in the review.
Responses to the complaint and the of Investigations, U.S. International
Comments are due on or before
notice of investigation must be Trade Commission, 500 E Street SW.,
February 23, 2017 and may not contain
submitted by the named respondents in Washington, DC 20436. Hearing-
new factual information. Any person
accordance with section 210.13 of the impaired persons can obtain
that is neither a party to the five-year
Commission’s Rules of Practice and information on this matter by contacting
review nor an interested party may
Procedure, 19 CFR 210.13. Pursuant to the Commission’s TDD terminal on 202–
submit a brief written statement (which
19 CFR 201.16(e) and 210.13(a), such 205–1810. Persons with mobility
shall not contain any new factual
responses will be considered by the impairments who will need special
information) pertinent to the review by
Commission if received not later than 20 assistance in gaining access to the
February 23, 2017. However, should the
days after the date of service by the Commission should contact the Office Department of Commerce extend the
Commission of the complaint and the of the Secretary at 202–205–2000. time limit for its completion of the final
notice of investigation. Extensions of General information concerning the results of its review, the deadline for
time for submitting responses to the Commission may also be obtained by comments (which may not contain new
complaint and the notice of accessing its internet server (https:// factual information) on Commerce’s
investigation will not be granted unless www.usitc.gov). The public record for final results is three business days after
good cause therefor is shown. this review may be viewed on the the issuance of Commerce’s results. If
Failure of a respondent to file a timely Commission’s electronic docket (EDIS) comments contain business proprietary
response to each allegation in the at https://edis.usitc.gov. information (BPI), they must conform
complaint and in this notice may be SUPPLEMENTARY INFORMATION: with the requirements of sections 201.6,
deemed to constitute a waiver of the Background.—On January 6, 2017, the 207.3, and 207.7 of the Commission’s
right to appear and contest the Commission determined that the rules. The Commission’s rules with
allegations of the complaint and this domestic interested party group respect to filing were revised effective
notice, and to authorize the response to its notice of institution (81 July 25, 2014. See 79 FR 35920 (June 25,
administrative law judge and the FR 68046, October 3, 2016) of the 2014), and the revised Commission
Commission, without further notice to subject five-year review was adequate Handbook on E-filing, available from the
the respondent, to find the facts to be as and that the respondent interested party Commission’s Web site at https://
alleged in the complaint and this notice group response was inadequate.1 The www.usitc.gov/secretary/documents/
and to enter an initial determination Commission did not find any other handbook_on_filing_procedures.pdf.
and a final determination containing circumstances that would warrant In accordance with sections 201.16(c)
such findings, and may result in the conducting a full review.2 Accordingly, and 207.3 of the rules, each document
issuance of an exclusion order or a cease the Commission determined that it filed by a party to the review must be
and desist order or both directed against would conduct an expedited review served on all other parties to the review
the respondent. pursuant to section 751(c)(3) of the (as identified by either the public or BPI
Tariff Act of 1930 (19 U.S.C. 1675(c)(3)). service list), and a certificate of service
By order of the Commission.
For further information concerning must be timely filed. The Secretary will
Issued: February 1, 2017. the conduct of this review and rules of not accept a document for filing without
Lisa R. Barton, general application, consult the a certificate of service.
Secretary to the Commission. Commission’s Rules of Practice and Determination.—The Commission has
[FR Doc. 2017–02438 Filed 2–6–17; 8:45 am] Procedure, part 201, subparts A and B determined these reviews are
BILLING CODE 7020–02–P (19 CFR part 201), and part 207, extraordinarily complicated and
subparts A, D, E, and F (19 CFR part therefore has determined to exercise its
207). authority to extend the review period by
INTERNATIONAL TRADE Staff report.—A staff report up to 90 days pursuant to 19 U.S.C.
COMMISSION containing information concerning the 1675(c)(5)(B).
subject matter of the review will be Authority: This review is being conducted
[Investigation No. 731–TA–696 (Fourth
placed in the nonpublic record on under authority of title VII of the Tariff Act
Review)]
Lhorne on DSK30JT082PROD with NOTICES

1 Commissioner Pinkert did not participate in this 3 The Commission has found the responses
Pure Magnesium From China;
determination. submitted by US Magnesium LLC and the United
Scheduling of an Expedited Five-Year 2 A record of the Commissioners’ votes, the Steel, Paper and Forestry, Rubber, Manufacturing,
Review Commission’s statement on adequacy, and any Energy, Allied Industrial and Service Workers
individual Commissioner’s statements will be International Union, Local 8319 to be individually
AGENCY: United States International available from the Office of the Secretary and at the adequate. Comments from other interested parties
Trade Commission. Commission’s Web site. will not be accepted (see 19 CFR 207.62(d)(2)).

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Document Created: 2017-02-07 00:27:17
Document Modified: 2017-02-07 00:27:17

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		The Office of the Secretary, Docket Services Division, U.S. International Trade Commission, telephone (202) 205-1802.
FR Citation		82 FR 9595