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)

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, 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.

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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