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)
Federal Register Volume 83, Issue 69 (April 10, 2018)
| Page Range | 15399-15400 | |
| FR Document | 2018-07306 |
[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] ----------------------------------------------------------------------- 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
daltland on DSKBBV9HB2PROD with NOTICES
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
| 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 | Pathenia M. Proctor, The Office of Unfair Import Investigations, U.S. International Trade Commission, telephone (202) 205-2560. | |
| FR Citation | 83 FR 15399 |
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