83 FR 30776 - Certain Earpiece Devices and Components Thereof; Institution of Investigation

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 83, Issue 126 (June 29, 2018)

Page Range		30776-30777
FR Document		2018-13962

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on May 24, 2018, under section 337 of the Tariff Act of 1930, as amended, on behalf of Bose Corporation of Framingham, Massachusetts. A supplemental exhibit was filed on June 8, 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 earpiece devices and components thereof by reason of infringement of U.S. Patent No. 9,036,852 (``the '852 patent''); U.S. Patent No. 9,036,853 (``the '853 patent''); U.S. Patent No. 9,042,590 (``the '590 patent''); U.S. Patent No. 8,311,253 (``the '253 patent''); U.S. Patent No. 8,249,287 (``the '287 patent''); and U.S. Patent No. 9,398,364 (``the '364 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 or limited exclusion order, or in the alternative a limited exclusion order, and cease and desist orders.

Federal Register, Volume 83 Issue 126 (Friday, June 29, 2018)

[Federal Register Volume 83, Number 126 (Friday, June 29, 2018)]
[Notices]
[Pages 30776-30777]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-13962]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1121]


Certain Earpiece 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 May 24, 2018, under section 337 
of the Tariff Act of 1930, as amended, on behalf of Bose Corporation of 
Framingham, Massachusetts. A supplemental exhibit was filed on June 8, 
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 earpiece 
devices and components thereof by reason of infringement of U.S. Patent 
No. 9,036,852 (``the '852 patent''); U.S. Patent No. 9,036,853 (``the 
'853 patent''); U.S. Patent No. 9,042,590 (``the '590 patent''); U.S. 
Patent No. 8,311,253 (``the '253 patent''); U.S. Patent No. 8,249,287 
(``the '287 patent''); and U.S. Patent No. 9,398,364 (``the '364 
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 or limited 
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

[[Page 30777]]

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 (2018).
    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on June 22, 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 products identified 
in paragraph (2) by reason of infringement of one or more of claims 1, 
5, 7, 9, and 14 of the '852 patent; claims 1-3, 6, 8, 10, and 11 of the 
'853 patent; claims 1, 3, 4, 6, 7, and 10 of the '590 patent; claims 1, 
3, 4, and 6 of the '253 patent; claims 1 and 6-8 of the '287 patent; 
and claims 1, 2, 5, 8, 11, and 16 of the '364 patent; and whether an 
industry in the United States exists as required by subsection (a)(2) 
of section 337;
    (2) Pursuant to section 210.10(b)(1) of the Commission's Rules of 
Practice and Procedure, 19 CFR 210.10(b)(1), the plain language 
description of the accused products or category of accused products, 
which defines the scope of the investigation, is ``in-ear headphones 
and accessories using a retaining structure to secure the device in a 
user's ear'';
    (3) 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: Bose Corporation, 100 Mountain Road, 
Framingham, MA 01701.
    (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:

1MORE USA, Inc., 10225 Barnes Canyon Road, Suite A202, San Diego, CA 
92121
APSkins, 140 Lakeside Avenue, Suite A #334, Seattle, WA 98122
Beeebo Online Limited, 3837 Bay Lake Trail, Suite 115, North Las Vegas, 
NV 89030
iHip, 19 Progress Street, Edison, NJ 08820
LMZT LLC, 303 Louisiana Avenue, Brooklyn, NY 11207
Misodiko, NanShanQu XiLiJieDao PingShanCun, 192 Dong 509, ShenZhen 
GuangDong 518055 China
Phaiser LLC, 909 Silber Road, Houston, TX 77024
Phonete, A-201 No. 1 Qianwan Yilu, Qianhai Shenggang hezuoqu, Shenzhen, 
China
REVJAMS, 248 Lafayette Street, New York, NY 10012
SMARTOMI Products, Inc., 2760 E Philadelphia Street, Ontario, CA 91761
Spigen, Inc., 9975 Toledo Way, Suite 100, Irvine, CA 92618-1826
Sudio AB, Upplandsgatan 7, 111 23 Stockholm, Sweden
Sunvalley Tek International, Inc., 46724 Lakeview Boulevard, Fremont, 
CA 94538
TomRich, Room842, 3B, HuaNanXiYuan, PingHu Town, LongGang District, 
Shenzhen, 518100 China

    (c) The Office of Unfair Import Investigations, U.S. International 
Trade Commission, 500 E Street SW, Suite 401, Washington, DC 20436; and
    (4) 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: June 25, 2018.
Lisa Barton,
 Secretary to the Commission.
[FR Doc. 2018-13962 Filed 6-28-18; 8:45 am]
BILLING CODE 7020-02-P

30776 Federal Register / Vol. 83, No. 126 / Friday, June 29, 2018 / Notices

BURDEN TABLE—Continued
Citation Average number of Annual burden
30 CFR part Reporting and recordkeeping requirements Hour burden annual responses hours
580, as applicable

Non-hour cost burden 1

60; 61 ................................ Request reimbursement for costs of reproducing 1 1 request 3 ....................... 1
data/information & certain processing costs.

70 ...................................... Enter disclosure agreement ....................................... 4 1 agreement .................... 4

72(b) .................................. Submit comments on BOEM’s intent to disclose 4 1 response ....................... 4
data/information for reproduction, processing, and
interpretation.

72(d) .................................. Independent contractor or agent prepares and signs 4 2 submissions .................. 8
written commitment not to sell, trade, license, or
disclose data/information without BOEM approval.

Subtotal ...................... .................................................................................... ........................ 13 Responses .................. 44

General

Part 580 ............................ General departure and alternative compliance re- 4 1 request .......................... 4
quests not specifically covered elsewhere in Part
580 regulations.

Permits 4 ............................ Request extension of permit/authorization time pe- 1 2 requests ........................ 2
riod.

Permits 4 ............................ Retain G&G data/information for 10 years and make 1 4 respondents .................. 4
available to BOEM upon request.

Subtotal ...................... .................................................................................... ........................ 7 Responses .................... 10

Total Burden ....... .................................................................................... ........................ 38 Responses .................. 485

$4,024 non-hour cost burdens
1 Fees are subject to modification for inflation annually.
2 Only permits, not authorizations, are subject to cost recovery.
3 No requests received for many years. Minimal burden for regulatory (PRA) purposes only.
4 These permits/authorizations are prepared by BOEM and sent to respondents; therefore, the forms themselves do not incur burden hours.

An agency may not conduct or ACTION: Notice. required by the applicable Federal
sponsor and a person is not required to Statute.
respond to a collection of information SUMMARY: Notice is hereby given that a The complainant requests that the
unless it displays a currently valid OMB complaint was filed with the U.S. Commission institute an investigation
control number. International Trade Commission on May and, after the investigation, issue a
The authority for this action is the 24, 2018, under section 337 of the Tariff general or limited exclusion order, or in
Paperwork Reduction Act of 1995 (44 Act of 1930, as amended, on behalf of the alternative a limited exclusion
U.S.C. 3501 et seq.). Bose Corporation of Framingham, order, and cease and desist orders.
Dated: June 22, 2018. Massachusetts. A supplemental exhibit ADDRESSES: The complaint, except for
Deanna Meyer-Pietruszka, was filed on June 8, 2018. The any confidential information contained
complaint alleges violations of section therein, is available for inspection
Chief, Office of Policy, Regulation and
Analysis. during official business hours (8:45 a.m.
337 based upon the importation into the
to 5:15 p.m.) in the Office of the
[FR Doc. 2018–14046 Filed 6–28–18; 8:45 am] United States, the sale for importation,
Secretary, U.S. International Trade
BILLING CODE 4310–MR–P and the sale within the United States
Commission, 500 E Street SW, Room
after importation of certain earpiece 112, Washington, DC 20436, telephone
devices and components thereof by (202) 205–2000. Hearing impaired
INTERNATIONAL TRADE reason of infringement of U.S. Patent individuals are advised that information
COMMISSION No. 9,036,852 (‘‘the ’852 patent’’); U.S. on this matter can be obtained by
Patent No. 9,036,853 (‘‘the ’853 patent’’); contacting the Commission’s TDD
sradovich on DSK3GMQ082PROD with NOTICES

[Investigation No. 337–TA–1121] U.S. Patent No. 9,042,590 (‘‘the ’590 terminal on (202) 205–1810. Persons
patent’’); U.S. Patent No. 8,311,253 (‘‘the with mobility impairments who will
Certain Earpiece Devices and
’253 patent’’); U.S. Patent No. 8,249,287 need special assistance in gaining access
Components Thereof; Institution of
(‘‘the ’287 patent’’); and U.S. Patent No. to the Commission should contact the
Investigation
9,398,364 (‘‘the ’364 patent’’). The Office of the Secretary at (202) 205–
AGENCY:U.S. International Trade complaint further alleges that an 2000. General information concerning
Commission. industry in the United States exists as the Commission may also be obtained

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Federal Register / Vol. 83, No. 126 / Friday, June 29, 2018 / Notices 30777

by accessing its internet server at Beeebo Online Limited, 3837 Bay Lake and a final determination containing
https://www.usitc.gov. The public Trail, Suite 115, North Las Vegas, NV such findings, and may result in the
record for this investigation may be 89030 issuance of an exclusion order or a cease
viewed on the Commission’s electronic iHip, 19 Progress Street, Edison, NJ and desist order or both directed against
docket (EDIS) at https://edis.usitc.gov. 08820 the respondent.
FOR FURTHER INFORMATION CONTACT: LMZT LLC, 303 Louisiana Avenue,
By order of the Commission.
Pathenia M. Proctor, The Office of Brooklyn, NY 11207 Issued: June 25, 2018.
Unfair Import Investigations, U.S. Misodiko, NanShanQu XiLiJieDao
PingShanCun, 192 Dong 509, Lisa Barton,
International Trade Commission,
telephone (202) 205–2560. ShenZhen GuangDong 518055 China Secretary to the Commission.
SUPPLEMENTARY INFORMATION: Phaiser LLC, 909 Silber Road, Houston, [FR Doc. 2018–13962 Filed 6–28–18; 8:45 am]
Authority: The authority for TX 77024 BILLING CODE 7020–02–P

institution of this investigation is Phonete, A–201 No. 1 Qianwan Yilu,
contained in section 337 of the Tariff Qianhai Shenggang hezuoqu,
Act of 1930, as amended, 19 U.S.C. Shenzhen, China INTERNATIONAL TRADE
1337, and in section 210.10 of the REVJAMS, 248 Lafayette Street, New COMMISSION
Commission’s Rules of Practice and York, NY 10012
Procedure, 19 CFR 210.10 (2018). SMARTOMI Products, Inc., 2760 E [Investigation No. 731–TA–921 (Third
Scope of Investigation: Having Philadelphia Street, Ontario, CA Review)]
considered the complaint, the U.S. 91761
International Trade Commission, on Spigen, Inc., 9975 Toledo Way, Suite Folding Gift Boxes From China
June 22, 2018, Ordered That— 100, Irvine, CA 92618–1826
(1) Pursuant to subsection (b) of Sudio AB, Upplandsgatan 7, 111 23 Determination
section 337 of the Tariff Act of 1930, as Stockholm, Sweden
On the basis of the record 1 developed
amended, an investigation be instituted Sunvalley Tek International, Inc., 46724
in the subject five-year review, the
to determine whether there is a Lakeview Boulevard, Fremont, CA
94538 United States International Trade
violation of subsection (a)(1)(B) of Commission (‘‘Commission’’)
section 337 in the importation into the TomRich, Room842, 3B,
HuaNanXiYuan, PingHu Town, determines,2 pursuant to the Tariff Act
United States, the sale for importation, of 1930 (‘‘the Act’’), that revocation of
or the sale within the United States after LongGang District, Shenzhen, 518100
China the antidumping duty order on folding
importation of products identified in gift boxes from China would be likely to
paragraph (2) by reason of infringement (c) The Office of Unfair Import
lead to continuation or recurrence of
of one or more of claims 1, 5, 7, 9, and Investigations, U.S. International Trade
material injury to an industry in the
14 of the ’852 patent; claims 1–3, 6, 8, Commission, 500 E Street SW, Suite
United States within a reasonably
10, and 11 of the ’853 patent; claims 1, 401, Washington, DC 20436; and
foreseeable time.
3, 4, 6, 7, and 10 of the ’590 patent; (4) For the investigation so instituted,
claims 1, 3, 4, and 6 of the ’253 patent; the Chief Administrative Law Judge, Background
claims 1 and 6–8 of the ’287 patent; and U.S. International Trade Commission,
claims 1, 2, 5, 8, 11, and 16 of the ’364 shall designate the presiding The Commission, pursuant to section
patent; and whether an industry in the Administrative Law Judge. 751(c) of the Act (19 U.S.C. 1675(c)),
United States exists as required by Responses to the complaint and the instituted this review on February 1,
subsection (a)(2) of section 337; notice of investigation must be 2018 (83 FR 4679) and determined on
(2) Pursuant to section 210.10(b)(1) of submitted by the named respondents in May 7, 2018 that it would conduct an
the Commission’s Rules of Practice and accordance with section 210.13 of the expedited review (83 FR 24341, May 25,
Procedure, 19 CFR 210.10(b)(1), the Commission’s Rules of Practice and 2018).
plain language description of the Procedure, 19 CFR 210.13. Pursuant to The Commission made this
accused products or category of accused 19 CFR 201.16(e) and 210.13(a), such determination pursuant to section
products, which defines the scope of the responses will be considered by the 751(c) of the Act (19 U.S.C. 1675(c)). It
investigation, is ‘‘in-ear headphones and Commission if received not later than 20 completed and filed its determination in
accessories using a retaining structure to days after the date of service by the this review on July 2, 2018. The views
secure the device in a user’s ear’’; Commission of the complaint and the of the Commission are contained in
(3) For the purpose of the notice of investigation. Extensions of USITC Publication 4800 (July 2018),
investigation so instituted, the following time for submitting responses to the entitled Folding Gift Boxes from China:
are hereby named as parties upon which complaint and the notice of Investigation No. 731–TA–921 (Third
this notice of investigation shall be investigation will not be granted unless Review).
served: good cause therefor is shown.
(a) The complainant is: Bose Failure of a respondent to file a timely By order of the Commission.
Corporation, 100 Mountain Road, response to each allegation in the Issued: June 26, 2018.
Framingham, MA 01701. complaint and in this notice may be Lisa Barton,
(b) The respondents are the following deemed to constitute a waiver of the Secretary to the Commission.
entities alleged to be in violation of right to appear and contest the
sradovich on DSK3GMQ082PROD with NOTICES

[FR Doc. 2018–14061 Filed 6–28–18; 8:45 am]
section 337, and are the parties upon allegations of the complaint and this
which the complaint is to be served: BILLING CODE 7020–02–P
notice, and to authorize the
1MORE USA, Inc., 10225 Barnes administrative law judge and the
1 The record is defined in sec. 207.2(f) of the
Canyon Road, Suite A202, San Diego, Commission, without further notice to
Commission’s Rules of Practice and Procedure (19
CA 92121 the respondent, to find the facts to be as CFR 207.2(f)).
APSkins, 140 Lakeside Avenue, Suite A alleged in the complaint and this notice 2 Commissioner Kearns did not participate in this

#334, Seattle, WA 98122 and to enter an initial determination five-year review.

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Document Created: 2018-06-29 01:13:09
Document Modified: 2018-06-29 01:13:09

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 30776