83_FR_15468 83 FR 15399 - Certain Led Lighting Devices and Components Thereof; Institution of Investigation

83 FR 15399 - Certain Led Lighting Devices and Components Thereof; Institution of Investigation

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 83, Issue 69 (April 10, 2018)

Page Range15399-15400
FR Document2018-07306

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on March 6, 2018, under section 337 of the Tariff Act of 1930, as amended, on behalf of Fraen Corporation of Reading, Massachusetts. The complaint was supplemented on March 20, 2018. The complaint 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 LED lighting devices and components thereof by reason of infringement of certain claims of U.S. Patent Nos. 9,411,083 (``the `083 patent'') and 9,772,499 (``the `499 patent''). The complaint further alleges that an industry in the United States exists as required by the applicable Federal Statute. The complainant requests that the Commission institute an investigation and, after the investigation, issue a general exclusion order, or in the alternative a limited exclusion order, and cease and desist orders.

Federal Register, Volume 83 Issue 69 (Tuesday, April 10, 2018)
[Federal Register Volume 83, Number 69 (Tuesday, April 10, 2018)]
[Notices]
[Pages 15399-15400]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-07306]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1107


Certain Led Lighting Devices and Components Thereof; Institution 
of Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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

SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on March 6, 2018, under section 337 
of the Tariff Act of 1930, as amended, on behalf of Fraen Corporation 
of Reading, Massachusetts. The complaint was supplemented on March 20, 
2018. The complaint 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 LED lighting 
devices and components thereof by reason of infringement of certain 
claims of U.S. Patent Nos. 9,411,083 (``the `083 patent'') and 
9,772,499 (``the `499 patent''). The complaint further alleges that an 
industry in the United States exists as required by the applicable 
Federal Statute.
    The complainant requests that the Commission institute an 
investigation and, after the investigation, issue a general exclusion 
order, or in the alternative 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: Pathenia M. Proctor, The Office of 
Unfair Import Investigations, U.S. International Trade Commission, 
telephone (202) 205-2560.

SUPPLEMENTARY INFORMATION:

    Authority: The authority for institution of this investigation 
is contained in section 337 of the Tariff Act of 1930, as amended, 
19 U.S.C. 1337 and in section 210.10 of the Commission's Rules of 
Practice and Procedure, 19 CFR 210.10 (2017).
    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on April 3, 2018, 2018, 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 LED lighting 
devices and components thereof by reason of infringement of one or more 
of claims 1, 3, 5-10, 12-16 and 19 of the '083 patent and claims 1 and 
3-10 of the '499 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:
Fraen Corporation, 80 Newcrossing Road, Reading, MA 01867

    (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:

Chauvet & Sons, Inc., 5200 NW 108th Avenue, Sunrise, FL 33351
ADJ Products, LLC, 6122 S. Eastern Avenue, Los Angeles, CA 90040

[[Page 15400]]

Elation Lighting, Inc., 6122 S. Eastern Avenue, Los Angeles, CA 90040
Golden Sea Professional, Equipment Co., Ltd., No. 109 Haiyong Road, 
Shiqi Town, Panyu District, Guangzhou, Guangdong 511450, China
Artfox USA, Inc., 733 S. 9th Avenue, City of Industry, CA 91745
Artfox Electronics Co., Ltd., No. 198 Guanghua 1st Road, Baiyun 
District, Guangzhou, Guangdong 510447, China
Guangzhou Chaiyi Light Co., Ltd., d/b/a/ Fine Art Lighting Co., Ltd., 
No. 8 Kexing Road, Guangzhou Civilian, Scien-tech Park, No. 1633 Beitai 
Road, Baiyun District, Guangzhou, Guangdong 510000, China
Guangzhou Xuanyi Lighting Co., Ltd., d/b/a/ XY E-Shine, Building A, 
Longhu First Industrial Zone, Shijing Road, Baiyun District, Guangzhou, 
Guangdong 510430, China
Guangzhou Flystar Lighting, Technology Co., Ltd., 3rd Floor, B 
Building, Huihuang Industrial Estate, Nanfang Village, Renhe Town, 
Baiyun District, Guangzhou, Guangdong 510000, China
Wuxi Changsheng Special, Lighting Apparatus Factory, d/b/a/ Roccer, 2nd 
Industrial Zone, Dangxiao Road, Luqu, Wuxi, Jiangsu 214000, China

    (c) The Office of Unfair Import Investigations, U.S. International 
Trade Commission, 500 E Street SW, Suite 401, Washington, DC 20436; and
    (3) For the investigation so instituted, the Chief Administrative 
Law Judge, U.S. International Trade Commission, shall designate the 
presiding Administrative Law Judge.
    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: April 4, 2018.
William Bishop,
Supervisory Hearings and Information Officer.
[FR Doc. 2018-07306 Filed 4-9-18; 8:45 am]
 BILLING CODE 7020-02-P



                                                                              Federal Register / Vol. 83, No. 69 / Tuesday, April 10, 2018 / Notices                                               15399

                                               nonparties desiring to appear at the                    review must be served on all other                    during official business hours (8:45 a.m.
                                               hearing and make oral presentations                     parties to the review (as identified by               to 5:15 p.m.) in the Office of the
                                               should participate in a prehearing                      either the public or BPI service list), and           Secretary, U.S. International Trade
                                               conference to be held on July 23, 2018,                 a certificate of service must be timely               Commission, 500 E Street SW, Room
                                               at the U.S. International Trade                         filed. The Secretary will not accept a                112, Washington, DC 20436, telephone
                                               Commission Building, if deemed                          document for filing without a certificate             (202) 205–2000. Hearing impaired
                                               necessary. Oral testimony and written                   of service.                                           individuals are advised that information
                                               materials to be submitted at the public                    The Commission has determined that                 on this matter can be obtained by
                                               hearing are governed by sections                        this review is extraordinarily                        contacting the Commission’s TDD
                                               201.6(b)(2), 201.13(f), 207.24, and                     complicated and therefore has                         terminal on (202) 205–1810. Persons
                                               207.66 of the Commission’s rules.                       determined to exercise its authority to               with mobility impairments who will
                                               Parties must submit any request to                      extend the review period by up to 90                  need special assistance in gaining access
                                               present a portion of their hearing                      days pursuant to 19 U.S.C.1675(c)(5)(B).              to the Commission should contact the
                                               testimony in camera no later than 7                       Authority: This review is being conducted           Office of the Secretary at (202) 205–
                                               business days prior to the date of the                  under authority of title VII of the Tariff Act        2000. General information concerning
                                               hearing.                                                of 1930; this notice is published pursuant to         the Commission may also be obtained
                                                  Written submissions.—Each party to                   section 207.62 of the Commission’s rules.             by accessing its internet server at
                                               the review may submit a prehearing                                                                            https://www.usitc.gov. The public
                                                                                                         By order of the Commission.
                                               brief to the Commission. Prehearing                                                                           record for this investigation may be
                                               briefs must conform with the provisions                   Issued: April 5, 2018.
                                                                                                                                                             viewed on the Commission’s electronic
                                               of section 207.65 of the Commission’s                   William Bishop,                                       docket (EDIS) at https://edis.usitc.gov.
                                               rules; the deadline for filing is July 18,              Supervisory Hearings and Information                  FOR FURTHER INFORMATION CONTACT:
                                               2018. Parties may also file written                     Officer.
                                                                                                                                                             Pathenia M. Proctor, The Office of
                                               testimony in connection with their                      [FR Doc. 2018–07305 Filed 4–9–18; 8:45 am]
                                                                                                                                                             Unfair Import Investigations, U.S.
                                               presentation at the hearing, as provided                BILLING CODE 7020–02–P                                International Trade Commission,
                                               in section 207.24 of the Commission’s                                                                         telephone (202) 205–2560.
                                               rules, and posthearing briefs, which                                                                          SUPPLEMENTARY INFORMATION:
                                               must conform with the provisions of                     INTERNATIONAL TRADE
                                               section 207.67 of the Commission’s                      COMMISSION                                              Authority: The authority for institution of
                                                                                                                                                             this investigation is contained in section 337
                                               rules. The deadline for filing                          [Investigation No. 337–TA–1107                        of the Tariff Act of 1930, as amended, 19
                                               posthearing briefs is August 3, 2018. In                                                                      U.S.C. 1337 and in section 210.10 of the
                                               addition, any person who has not                        Certain Led Lighting Devices and                      Commission’s Rules of Practice and
                                               entered an appearance as a party to the                 Components Thereof; Institution of                    Procedure, 19 CFR 210.10 (2017).
                                               review may submit a written statement                   Investigation                                           Scope of Investigation: Having
                                               of information pertinent to the subject of                                                                    considered the complaint, the U.S.
                                               the review on or before August 3, 2018.                 AGENCY: U.S. International Trade                      International Trade Commission, on
                                               On September 5, 2018, the Commission                    Commission.                                           April 3, 2018, 2018, Ordered That—
                                               will make available to parties all                      ACTION: Notice.                                         (1) Pursuant to subsection (b) of
                                               information on which they have not had                                                                        section 337 of the Tariff Act of 1930, as
                                               an opportunity to comment. Parties may                  SUMMARY:    Notice is hereby given that a             amended, an investigation be instituted
                                               submit final comments on this                           complaint was filed with the U.S.                     to determine whether there is a
                                               information on or before September 7,                   International Trade Commission on                     violation of subsection (a)(1)(B) of
                                               2018, but such final comments must not                  March 6, 2018, under section 337 of the               section 337 in the importation into the
                                               contain new factual information and                     Tariff Act of 1930, as amended, on                    United States, the sale for importation,
                                               must otherwise comply with section                      behalf of Fraen Corporation of Reading,               or the sale within the United States after
                                               207.68 of the Commission’s rules. All                   Massachusetts. The complaint was                      importation of certain LED lighting
                                               written submissions must conform with                   supplemented on March 20, 2018. The                   devices and components thereof by
                                               the provisions of section 201.8 of the                  complaint alleges violations of section               reason of infringement of one or more of
                                               Commission’s rules; any submissions                     337 based upon the importation into the               claims 1, 3, 5–10, 12–16 and 19 of the
                                               that contain BPI must also conform with                 United States, the sale for importation,              ’083 patent and claims 1 and 3–10 of the
                                               the requirements of sections 201.6,                     and the sale within the United States                 ’499 patent; and whether an industry in
                                               207.3, and 207.7 of the Commission’s                    after importation of certain LED lighting             the United States exists as required by
                                               rules. The Commission’s Handbook on                     devices and components thereof by                     subsection (a)(2) of section 337;
                                               E-Filing, available on the Commission’s                 reason of infringement of certain claims                (2) For the purpose of the
                                               website at https://edis.usitc.gov,                      of U.S. Patent Nos. 9,411,083 (‘‘the ‘083             investigation so instituted, the following
                                               elaborates upon the Commission’s rules                  patent’’) and 9,772,499 (‘‘the ‘499                   are hereby named as parties upon which
                                               with respect to electronic filing.                      patent’’). The complaint further alleges              this notice of investigation shall be
                                                  Additional written submissions to the                that an industry in the United States                 served:
                                               Commission, including requests                          exists as required by the applicable                    (a) The complainant is:
                                               pursuant to section 201.12 of the                       Federal Statute.                                      Fraen Corporation, 80 Newcrossing
                                               Commission’s rules, shall not be                           The complainant requests that the                    Road, Reading, MA 01867
                                               accepted unless good cause is shown for                 Commission institute an investigation                   (b) The respondents are the following
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                                               accepting such submissions, or unless                   and, after the investigation, issue a                 entities alleged to be in violation of
                                               the submission is pursuant to a specific                general exclusion order, or in the                    section 337, and are the parties upon
                                               request by a Commissioner or                            alternative a limited exclusion order,                which the complaint is to be served:
                                               Commission staff.                                       and cease and desist orders.                          Chauvet & Sons, Inc., 5200 NW 108th
                                                  In accordance with sections 201.16(c)                ADDRESSES: The complaint, except for                    Avenue, Sunrise, FL 33351
                                               and 207.3 of the Commission’s rules,                    any confidential information contained                ADJ Products, LLC, 6122 S. Eastern
                                               each document filed by a party to the                   therein, is available for inspection                    Avenue, Los Angeles, CA 90040


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                                               15400                          Federal Register / Vol. 83, No. 69 / Tuesday, April 10, 2018 / Notices

                                               Elation Lighting, Inc., 6122 S. Eastern                 the respondent, to find the facts to be as            on November 27, 2017, based on a
                                                  Avenue, Los Angeles, CA 90040                        alleged in the complaint and this notice              complaint filed by PureCircle USA Inc.
                                               Golden Sea Professional, Equipment                      and to enter an initial determination                 of Oak Brook, Illinois and PureCircle
                                                  Co., Ltd., No. 109 Haiyong Road,                     and a final determination containing                  Sdn Bhd of Kuala Lumpur, Malaysia
                                                  Shiqi Town, Panyu District,                          such findings, and may result in the                  (collectively, ‘‘PureCircle’’). 82 FR
                                                  Guangzhou, Guangdong 511450,                         issuance of an exclusion order or a cease             56049 (Nov. 27, 2017). The complaint
                                                  China                                                and desist order or both directed against             alleged violations of section 337 of the
                                               Artfox USA, Inc., 733 S. 9th Avenue,                    the respondent.                                       Tariff Act of 1930, as amended, 19
                                                  City of Industry, CA 91745                             By order of the Commission.                         U.S.C. 1337, in the importation into the
                                               Artfox Electronics Co., Ltd., No. 198                     Issued: April 4, 2018.                              United States, the sale for importation,
                                                  Guanghua 1st Road, Baiyun District,                  William Bishop,                                       and the sale within the United States
                                                  Guangzhou, Guangdong 510447,                                                                               after importation of certain glucosylated
                                                                                                       Supervisory Hearings and Information
                                                  China                                                Officer.                                              steviol glycosides, and products
                                               Guangzhou Chaiyi Light Co., Ltd., d/b/                  [FR Doc. 2018–07306 Filed 4–9–18; 8:45 am]
                                                                                                                                                             containing same by reason of
                                                  a/ Fine Art Lighting Co., Ltd., No. 8                                                                      infringement of U.S. Patent No.
                                                                                                       BILLING CODE 7020–02–P
                                                  Kexing Road, Guangzhou Civilian,                                                                           9,420,815. The named respondents
                                                  Scien-tech Park, No. 1633 Beitai Road,                                                                     included Sweet Green Fields USA LLC
                                                  Baiyun District, Guangzhou,                          INTERNATIONAL TRADE                                   and Sweet Green Fields Co., Ltd., both
                                                  Guangdong 510000, China                              COMMISSION                                            of Bellingham, Washington, and Ningbo
                                               Guangzhou Xuanyi Lighting Co., Ltd., d/                                                                       Green-Health Pharma-ceutical Co., Ltd.
                                                  b/a/ XY E-Shine, Building A, Longhu                  [Investigation No. 337–TA–1085]                       of Zhejiang, China (collectively, ‘‘SGF’’).
                                                  First Industrial Zone, Shijing Road,                                                                       The Office of Unfair Import
                                                                                                       Certain Glucosylated Steviol
                                                  Baiyun District, Guangzhou,                                                                                Investigations was not named as a party.
                                                                                                       Glycosides, and Products Containing
                                                  Guangdong 510430, China                                                                                       On March 1, 2018, PureCircle and
                                                                                                       Same; Notice of Commission
                                               Guangzhou Flystar Lighting,                                                                                   SGF filed a joint motion to terminate the
                                                                                                       Determination Not To Review an Initial
                                                  Technology Co., Ltd., 3rd Floor, B                                                                         investigation based on a settlement
                                                                                                       Determination Granting a Joint Motion
                                                  Building, Huihuang Industrial Estate,                                                                      agreement.
                                                                                                       to Terminate the Investigation Based
                                                  Nanfang Village, Renhe Town, Baiyun                                                                           On March 14, 2018, the presiding
                                                                                                       on Settlement; Termination of the
                                                  District, Guangzhou, Guangdong                                                                             administrative law judge (‘‘ALJ’’) issued
                                                                                                       Investigation
                                                  510000, China                                                                                              an initial determination (‘‘ID’’) (Order
                                               Wuxi Changsheng Special, Lighting                       AGENCY: U.S. International Trade                      No. 7), granting the motion. The ALJ
                                                  Apparatus Factory, d/b/a/ Roccer, 2nd                Commission.                                           found that the motion complies with the
                                                  Industrial Zone, Dangxiao Road,                      ACTION: Notice.                                       Commission’s Rules of Practice and
                                                  Luqu, Wuxi, Jiangsu 214000, China                                                                          Procedure and that there was no
                                                  (c) The Office of Unfair Import                      SUMMARY:   Notice is hereby given that                evidence that termination is contrary to
                                               Investigations, U.S. International Trade                the U.S. International Trade                          the public interest. No petitions for
                                               Commission, 500 E Street SW, Suite                      Commission has determined not to                      review of the ID were filed.
                                               401, Washington, DC 20436; and                          review an initial determination (Order                   The Commission has determined not
                                                  (3) For the investigation so instituted,             No. 7) granting a joint motion to                     to review the subject ID.
                                               the Chief Administrative Law Judge,                     terminate the investigation based on                     The authority for the Commission’s
                                               U.S. International Trade Commission,                    settlement.                                           determination is contained in section
                                               shall designate the presiding                           FOR FURTHER INFORMATION CONTACT:                      337 of the Tariff Act of 1930, as
                                               Administrative Law Judge.                               Lucy Grace D. Noyola, Office of the                   amended (19 U.S.C. 1337), and in part
                                                  Responses to the complaint and the                   General Counsel, U.S. International                   210 of the Commission’s Rules of
                                               notice of investigation must be                         Trade Commission, 500 E Street SW,                    Practice and Procedure (19 CFR part
                                               submitted by the named respondents in                   Washington, DC 20436, telephone 202–                  210).
                                               accordance with section 210.13 of the                   205–3438. Copies of non-confidential                    By order of the Commission.
                                               Commission’s Rules of Practice and                      documents filed in connection with this                 Issued: April 5, 2018.
                                               Procedure, 19 CFR 210.13. Pursuant to                   investigation are or will be available for            William Bishop,
                                               19 CFR 201.16(e) and 210.13(a), such                    inspection during official business
                                                                                                                                                             Supervisory Hearings and Information
                                               responses will be considered by the                     hours (8:45 a.m. to 5:15 p.m.) in the                 Officer.
                                               Commission if received not later than 20                Office of the Secretary, U.S.
                                                                                                                                                             [FR Doc. 2018–07314 Filed 4–9–18; 8:45 am]
                                               days after the date of service by the                   International Trade Commission, 500 E
                                                                                                                                                             BILLING CODE 7020–02–P
                                               Commission of the complaint and the                     Street SW, Washington, DC 20436,
                                               notice of investigation. Extensions of                  telephone 202–205–2000. General
                                               time for submitting responses to the                    information concerning the Commission
                                               complaint and the notice of                             may also be obtained by accessing its                 DEPARTMENT OF JUSTICE
                                               investigation will not be granted unless                internet server (https://www.usitc.gov).
                                                                                                                                                             Notice of Lodging of Proposed
                                               good cause therefor is shown.                           The public record for this investigation
                                                                                                                                                             Consent Decree Under the
                                                  Failure of a respondent to file a timely             may be viewed on the Commission’s
                                                                                                                                                             Comprehensive Environmental
                                               response to each allegation in the                      electronic docket (EDIS) at https://edis.
                                                                                                                                                             Response, Compensation and Liability
daltland on DSKBBV9HB2PROD with NOTICES




                                               complaint and in this notice may be                     usitc.gov. Hearing-impaired persons are
                                                                                                                                                             Act
                                               deemed to constitute a waiver of the                    advised that information on this matter
                                               right to appear and contest the                         can be obtained by contacting the                       On April 4, 2018, the Department of
                                               allegations of the complaint and this                   Commission’s TDD terminal on 202–                     Justice lodged a proposed consent
                                               notice, and to authorize the                            205–1810.                                             decree with the United States District
                                               administrative law judge and the                        SUPPLEMENTARY INFORMATION: The                        Court for the Eastern District of Missouri
                                               Commission, without further notice to                   Commission instituted the investigation               in the lawsuit entitled United States and


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Document Created: 2018-04-09 23:52:03
Document Modified: 2018-04-09 23:52:03
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
ContactPathenia M. Proctor, The Office of Unfair Import Investigations, U.S. International Trade Commission, telephone (202) 205-2560.
FR Citation83 FR 15399 

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