83 FR 17192 - Certain Arrowheads With Arcuate Blades and Components Thereof; Commission Final Determination of Violation of Section 337; Issuance of a General Exclusion Order; Termination of Investigation
INTERNATIONAL TRADE COMMISSION Federal Register Volume 83, Issue 75 (April 18, 2018)
Federal Register Volume 83, Issue 75 (April 18, 2018)
| Page Range | 17192-17192 | |
| FR Document | 2018-08036 |
[Federal Register Volume 83, Number 75 (Wednesday, April 18, 2018)] [Notices] [Page 17192] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-08036] ----------------------------------------------------------------------- INTERNATIONAL TRADE COMMISSION [Investigation No. 337-TA-1033] Certain Arrowheads With Arcuate Blades and Components Thereof; Commission Final Determination of Violation of Section 337; Issuance of a General Exclusion Order; Termination of Investigation AGENCY: U.S. International Trade Commission. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: Notice is hereby given that the U.S. International Trade Commission has determined that there is a violation of section 337 of the Tariff Act of 1930, as amended in the above-captioned investigation. The Commission has issued a general exclusion order (``GEO'') barring entry of certain arrowheads with arcuate blades and components thereof that infringe the patents asserted in this investigation. The Commission has terminated this investigation. FOR FURTHER INFORMATION CONTACT: Michael Liberman, Esq., Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone (202) 205-3115. 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: On January 6, 2017, the Commission instituted an investigation under section 337, based on a complaint filed by complainant Flying Arrow Archery, LLC of Belgrade, Montana (``Flying Arrow,'' or Complainant), alleging a violation of section 337 in the importation, sale for importation, and sale within the United States after importation of certain arrowheads with arcuate blades and components thereof (the ``Accused Products'') by reason of infringement of one or more of claims 5 and 25 of U.S. Patent No. 8,920,269 (``the `269 patent''); the claim of U.S. Design Patent No. D713,919 (``the `919 design patent''); and the claim of U.S. Design Patent No. D729,336 (``the `336 design patent'') (collectively, the ``Asserted Patents''). See 82 FR 1760-61 (Jan. 6, 2017) (Notice of Investigation). The Notice of Investigation named the following respondents: Arthur Sifuentes of Spring, Texas; Liu Mengbao and Zhou Yang, both of Guangdong, China; Jiangfeng Mao of Jiangsu, China; Sandum Precision Industry (China) Co., Ltd. (In-Sail) of Guangdong Province, China; Wei Ran, Dongguan Hongsong, and Wanyuxue, all of Guangdong, China; and Yandong of Henan, China. A Commission investigative attorney (``IA'') is participating in this investigation. Id. On April 4, 2017, the ALJ found Arthur Sifuentes, Zhou Yang, Jianfeng Mao, Sandum Precision, and Liu Mengbao (collectively, the ``Defaulting Respondents'') in default. See Order No. 6 (unreviewed, Commission Notice (Apr. 28, 2017)). On April 6, 2017, the ALJ issued an Initial Determination granting Flying Arrow's motion to terminate the Investigation as to the remaining respondents based on withdrawal of the infringement allegations in the Complaint. See Order No. 7 (unreviewed, Commission Notice (Apr. 28, 2017)). On August 15, 2017, complainant filed a motion for summary determination of a violation of section 337 pursuant to Commission Rule 210.16(c)(2) to support its request for entry of a general exclusion order with respect to all asserted patents. The IA filed a timely response in support of the motion. No respondent filed a response to the motion. On November 8, 2017, the presiding ALJ issued an ID (Order No. 9) granting Complainant's motion for summary determination thus finding a violation of section 337, and recommending the issuance of a GEO. No party petitioned for review of the ID. On December 21, 2017, the Commission determined not to review Order No. 9. See ``Notice of Commission Decision Not to Review an Initial Determination Granting Complainant's Motion for Summary Determination of a Violation of Section 337; Request for Submissions [on Remedy, the Public Interest, and Bonding]'' (December 21, 2017) (``Commission Notice''). See 82 FR 61587-88 (Dec. 28, 2017). The Commission's determination resulted in a determination of a violation of section 337. The Commission requested written submissions on remedy, public interest, and bonding. Id. Complainant and the IA timely filed their submissions pursuant to the Commission Notice. No other parties filed any submissions in response to the Commission Notice. Having reviewed the submissions filed in response to the Commission's Notice and the evidentiary record, the Commission has determined that the appropriate form of relief in this investigation is a GEO prohibiting the unlicensed importation of certain arrowheads with arcuate blades and components thereof covered by one or more of claims 5 and 25 of the `269 patent, the claim of the `919 design patent, and the claim of the `336 design patent. The Commission has further determined that the public interest factors enumerated in subsection (g)(1) (19 U.S.C. 1337(g)(1)) do not preclude issuance of the above-referenced remedial order. Finally, the Commission has determined that a bond in the amount of one hundred (100) percent of the entered value is required to permit temporary importation of the articles in question during the period of Presidential review (19 U.S.C. 1337(j)). The investigation is terminated. The Commission's order, opinion, and the record upon which it based its determination were delivered to the President and to the United States Trade Representative on the day of their issuance. The Commission has also notified the Secretary of the Treasury of the order. 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). Issued: April 12, 2018. By order of the Commission. Lisa Barton, Secretary to the Commission. [FR Doc. 2018-08036 Filed 4-17-18; 8:45 am] BILLING CODE 7020-02-P
![17192 Federal Register / Vol. 83, No. 75 / Wednesday, April 18, 2018 / Notices
Issued: April 12, 2018. or Complainant), alleging a violation of Violation of Section 337; Request for
Lisa Barton, section 337 in the importation, sale for Submissions [on Remedy, the Public
Secretary to the Commission. importation, and sale within the United Interest, and Bonding]’’ (December 21,
[FR Doc. 2018–08069 Filed 4–17–18; 8:45 am] States after importation of certain 2017) (‘‘Commission Notice’’). See 82
BILLING CODE 7020–02–P
arrowheads with arcuate blades and FR 61587–88 (Dec. 28, 2017). The
components thereof (the ‘‘Accused Commission’s determination resulted in
Products’’) by reason of infringement of a determination of a violation of section
INTERNATIONAL TRADE one or more of claims 5 and 25 of U.S. 337.
COMMISSION Patent No. 8,920,269 (‘‘the ‘269 patent’’);
the claim of U.S. Design Patent No. The Commission requested written
[Investigation No. 337–TA–1033] D713,919 (‘‘the ‘919 design patent’’); submissions on remedy, public interest,
and the claim of U.S. Design Patent No. and bonding. Id. Complainant and the
Certain Arrowheads With Arcuate D729,336 (‘‘the ‘336 design patent’’) IA timely filed their submissions
Blades and Components Thereof; (collectively, the ‘‘Asserted Patents’’). pursuant to the Commission Notice. No
Commission Final Determination of See 82 FR 1760–61 (Jan. 6, 2017) (Notice other parties filed any submissions in
Violation of Section 337; Issuance of a of Investigation). The Notice of response to the Commission Notice.
General Exclusion Order; Termination Investigation named the following
of Investigation Having reviewed the submissions
respondents: Arthur Sifuentes of Spring, filed in response to the Commission’s
AGENCY: U.S. International Trade Texas; Liu Mengbao and Zhou Yang, Notice and the evidentiary record, the
Commission. both of Guangdong, China; Jiangfeng Commission has determined that the
Mao of Jiangsu, China; Sandum
ACTION: Notice. appropriate form of relief in this
Precision Industry (China) Co., Ltd. (In-
investigation is a GEO prohibiting the
SUMMARY: Notice is hereby given that Sail) of Guangdong Province, China;
unlicensed importation of certain
the U.S. International Trade Wei Ran, Dongguan Hongsong, and
Wanyuxue, all of Guangdong, China; arrowheads with arcuate blades and
Commission has determined that there components thereof covered by one or
is a violation of section 337 of the Tariff and Yandong of Henan, China. A
Commission investigative attorney more of claims 5 and 25 of the ‘269
Act of 1930, as amended in the above- patent, the claim of the ‘919 design
captioned investigation. The (‘‘IA’’) is participating in this
investigation. Id. patent, and the claim of the ‘336 design
Commission has issued a general patent.
exclusion order (‘‘GEO’’) barring entry On April 4, 2017, the ALJ found
of certain arrowheads with arcuate Arthur Sifuentes, Zhou Yang, Jianfeng The Commission has further
blades and components thereof that Mao, Sandum Precision, and Liu determined that the public interest
infringe the patents asserted in this Mengbao (collectively, the ‘‘Defaulting factors enumerated in subsection (g)(1)
investigation. The Commission has Respondents’’) in default. See Order No. (19 U.S.C. 1337(g)(1)) do not preclude
terminated this investigation. 6 (unreviewed, Commission Notice issuance of the above-referenced
(Apr. 28, 2017)). On April 6, 2017, the remedial order. Finally, the Commission
FOR FURTHER INFORMATION CONTACT: ALJ issued an Initial Determination
Michael Liberman, Esq., Office of the has determined that a bond in the
granting Flying Arrow’s motion to amount of one hundred (100) percent of
General Counsel, U.S. International terminate the Investigation as to the
Trade Commission, 500 E Street SW, the entered value is required to permit
remaining respondents based on
Washington, DC 20436, telephone (202) temporary importation of the articles in
withdrawal of the infringement
205–3115. Copies of non-confidential question during the period of
allegations in the Complaint. See Order
documents filed in connection with this Presidential review (19 U.S.C. 1337(j)).
No. 7 (unreviewed, Commission Notice
investigation are or will be available for (Apr. 28, 2017)). The investigation is terminated.
inspection during official business On August 15, 2017, complainant The Commission’s order, opinion, and
hours (8:45 a.m. to 5:15 p.m.) in the filed a motion for summary the record upon which it based its
Office of the Secretary, U.S. determination of a violation of section determination were delivered to the
International Trade Commission, 500 E 337 pursuant to Commission Rule President and to the United States Trade
Street SW, Washington, DC 20436, 210.16(c)(2) to support its request for Representative on the day of their
telephone (202) 205–2000. General entry of a general exclusion order with issuance. The Commission has also
information concerning the Commission respect to all asserted patents. The IA notified the Secretary of the Treasury of
may also be obtained by accessing its filed a timely response in support of the the order.
internet server at https://www.usitc.gov. motion. No respondent filed a response
The public record for this investigation The authority for the Commission’s
to the motion.
may be viewed on the Commission’s On November 8, 2017, the presiding determination is contained in section
electronic docket (EDIS) at https:// ALJ issued an ID (Order No. 9) granting 337 of the Tariff Act of 1930, as
edis.usitc.gov. Hearing-impaired Complainant’s motion for summary amended (19 U.S.C. 1337), and in Part
persons are advised that information on determination thus finding a violation 210 of the Commission’s Rules of
this matter can be obtained by of section 337, and recommending the Practice and Procedure (19 CFR part
contacting the Commission’s TDD issuance of a GEO. No party petitioned 210).
terminal on (202) 205–1810.
amozie on DSK30RV082PROD with NOTICES
for review of the ID. Issued: April 12, 2018.
SUPPLEMENTARY INFORMATION: On On December 21, 2017, the By order of the Commission.
January 6, 2017, the Commission Commission determined not to review
Lisa Barton,
instituted an investigation under section Order No. 9. See ‘‘Notice of Commission
337, based on a complaint filed by Decision Not to Review an Initial Secretary to the Commission.
complainant Flying Arrow Archery, LLC Determination Granting Complainant’s [FR Doc. 2018–08036 Filed 4–17–18; 8:45 am]
of Belgrade, Montana (‘‘Flying Arrow,’’ Motion for Summary Determination of a BILLING CODE 7020–02–P
VerDate Sep<11>2014 17:31 Apr 17, 2018 Jkt 244001 PO 00000 Frm 00055 Fmt 4703 Sfmt 4703 E:\FR\FM\18APN1.SGM 18APN1](https://thefederalregister.org/doc/83_FR_17267/page/1.svg)
Document Created: 2018-04-18 02:58:34
Document Modified: 2018-04-18 02:58:34
| 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 | Michael Liberman, Esq., Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone (202) 205-3115. 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. | |
| FR Citation | 83 FR 17192 |
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