83 FR 34871 - Institution of Investigation: Certain Powered Cover Plates
INTERNATIONAL TRADE COMMISSION Federal Register Volume 83, Issue 141 (July 23, 2018)
Federal Register Volume 83, Issue 141 (July 23, 2018)
| Page Range | 34871-34872 | |
| FR Document | 2018-15695 |
[Federal Register Volume 83, Number 141 (Monday, July 23, 2018)] [Notices] [Pages 34871-34872] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-15695] ----------------------------------------------------------------------- INTERNATIONAL TRADE COMMISSION [Investigation No. 337-TA-1124] Institution of Investigation: Certain Powered Cover Plates 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 June 20, 2018, under section 337 of the Tariff [[Page 34872]] Act of 1930, as amended, on behalf of SnapRays, LLC d/b/a SnapPower of Vineyard, Utah. Supplements to the Complaint were filed on July 6, July 11, and July 12, 2018. The complaint, as supplemented, 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 powered cover plates by reason of infringement of U.S. Patent No. 9,871,324 (``the '324 patent''); U.S. Patent No. 9,917,430 (``the '430 patent''); U.S. Patent No. 9,882,361 (``the '361 patent'') and U.S. Design Patent No. D819,426 (``the '426 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 (2018). Scope of Investigation: Having considered the complaint, the U.S. International Trade Commission, on July 17, 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, 4, 8, 9, 10, 13, 16, 17, and 19 of the '324 patent; claims 1-3, 7, 8, 18, and 19 of the '430 patent; claims 1, 3, 4, 10, 14, 17, 21, 23, and 24 of the '361 patent; and the sole claim of the '426 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 ``powered cover plates, which are electrical receptacle covers with built-in functionality''; (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: SnapRays, LLC d/b/a SnapPower, 426 East 1750 North, Unit D, Vineyard, UT 84057. (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: Ontel Products Corporation, 21 Law Dr., Fairfield, NJ 07871 Dazone LLC, 1141 East Acacia Ct., Ontario, CA 91761-4519 Shenzhen C-Myway, Saige Science Park #4, Futian, Shenzhen, Guangdong, China E-Zshop4u LLC, 9335 San Jose Blvd., Howey in the Hills, FL 34737 Desteny Store, 10840 Tiberio Dr., Fort Meyers, FL 33913 Zhongshan Led-Up Light Co. Ltd., 6016A, Bldg. B5, No. 133, Yunhan Rd., Qijiang Rd., Shaxi Town, Zhongshan, Guangdong, China AllTrade Tools LLC, 6122 KateIla Ave., Cypress, CA 90630 Guangzhou Sailu Info Tech. Co., Ltd., Nan Hang Huo Yun Da Lou Yuan Nei Can, 3 Hao YunXiao Lu, Bai Yun Qu 510400, Guangzhou Gunagdong China NEPCI--Zhejiang New-Epoch, Communication Industry Co., Ltd., Develop Road, Wengyang Industry Zone, Yueging, Zhejiang, China KCC Industries, 4950 Goodman Way, Eastvale, CA 91752-5087 Vistek Technology Co., Ltd., Rm 605, No. 278 Yongzheng Bldg., Defeng Rd., Fuyong, Baoan, Shenzhen, China 518103 Enstant Technology Co., Ltd., A525 Boaoan Smart Valley, YinTian Rd, Xixiang Baoan District, Shenzhen, China 518105 Manufacturers Components Incorporated, 1721 Blount Road, #2, Pompano Beach, FL 33069 (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: July 18, 2018. Lisa Barton, Secretary to the Commission. [FR Doc. 2018-15695 Filed 7-20-18; 8:45 am] BILLING CODE 7020-02-P
![Federal Register / Vol. 83, No. 141 / Monday, July 23, 2018 / Notices 34871
using the alpha values and/or at least one 1. If the Commission were to issue should contact the Secretary (202–205–
value derived from the alpha values’’ in remedial orders in this investigation, could 2000).
claim 1 of the ’104 patent, under what legal the demand for the excluded articles be Any person desiring to submit a
theory (if any) may the Commission base its fulfilled by others?
document to the Commission in
construction upon Broadcom’s arguments in If the Commission orders some form
the district court case Broadcom Corp. v.
confidence must request confidential
of remedy, the U.S. Trade treatment. All such requests should be
SiRF Technology, Inc., Case No. 8:08–cv–
00546–JVS–MLG (C.D. Cal. July 15, 2010)? Representative, as delegated by the directed to the Secretary to the
4. If your responses to the questions above President, has 60 days to approve or Commission and must include a full
contend that one or more of the final ID’s disapprove the Commission’s action. statement of the reasons why the
claim constructions should be changed, See Presidential Memorandum of July Commission should grant such
please explain how each change in claim 21, 2005, 70 FR 43251 (July 26, 2005). treatment. See 19 CFR 201.6. Documents
construction would impact the issues of During this period, the subject articles for which confidential treatment by the
infringement, invalidity, and the technical would be entitled to enter the United Commission is properly sought will be
prong of the domestic industry requirement. States under bond, in an amount treated accordingly. All information,
The parties have been invited to brief determined by the Commission and including confidential business
only the discrete issues described above, prescribed by the Secretary of the information and documents for which
with reference to the applicable law and Treasury. The Commission is therefore confidential treatment is properly
evidentiary record. The parties are not interested in receiving submissions sought, submitted to the Commission for
to brief other issues on review, which concerning the amount of the bond that purposes of this Investigation may be
are adequately presented in the parties’ should be imposed if a remedy is disclosed to and used: (i) By the
existing filings. ordered. Commission, its employees and Offices,
Written Submissions: The parties to and contract personnel (a) for
In connection with the final
the investigation are requested to file developing or maintaining the records
disposition of this investigation, the
written submissions on the issues of this or a related proceeding, or (b) in
Commission may (1) issue an order that
identified in this notice. Parties to the internal investigations, audits, reviews,
could result in the exclusion of the
investigation, interested government and evaluations relating to the
subject articles from entry into the
agencies, and any other interested programs, personnel, and operations of
United States, and/or (2) issue a cease
parties are encouraged to file written the Commission including under 5
and desist order that could result in the
submissions on the issues of remedy, U.S.C. Appendix 3; or (ii) by U.S.
respondent being required to cease and the public interest, and bonding. Such
desist from engaging in unfair acts in government employees and contract
submissions should address the
the importation and sale of such personnel,1 solely for cybersecurity
recommended determination by the ALJ
articles. Accordingly, the Commission is purposes. All nonconfidential written
on remedy and bonding, which issued
interested in receiving written submissions will be available for public
on May 23, 2018. Broadcom is also
submissions that address the form of inspection at the Office of the Secretary
requested to submit proposed remedial
remedy, if any, that should be ordered. and on EDIS.
orders for the Commission’s
If a party seeks exclusion of an article The authority for the Commission’s
consideration. Broadcom is additionally
from entry into the United States for determination is contained in section
requested to state the date that the ’059,
purposes other than entry for 337 of the Tariff Act of 1930, as
’844 and ’104 patents expire, the HTSUS
consumption, the party should so numbers under which the subject amended (19 U.S.C. 1337), and in part
indicate and provide information articles are imported, and to supply a 210 of the Commission’s Rules of
establishing that activities involving list of known importers of the subject Practice and Procedure (19 CFR part
other types of entry either are adversely articles. The written submissions, 210).
affecting it or likely to do so. For exclusive of any exhibits, must not By order of the Commission.
background, see Certain Devices for exceed 60 pages, and must be filed no Issued: July 17, 2018.
Connecting Computers via Telephone later than close of business on July 27, Lisa Barton,
Lines, Inv. No. 337–TA–360, USITC 2018. Reply submissions must not Secretary to the Commission.
Pub. No. 2843 (December 1994) exceed 30 pages, and must be filed no [FR Doc. 2018–15635 Filed 7–20–18; 8:45 am]
(Commission Opinion). later than the close of business on
BILLING CODE 7020–02–P
If the Commission contemplates some August 3, 2018. No further submissions
form of remedy, it must consider the on these issues will be permitted unless
effects of that remedy upon the public otherwise ordered by the Commission. INTERNATIONAL TRADE
interest. The factors the Commission Persons filing written submissions COMMISSION
will consider include the effect that an must file the original document
exclusion order and/or a cease and electronically on or before the deadlines [Investigation No. 337–TA–1124]
desist order would have on (1) the stated above and submit 8 true paper
public health and welfare, (2) copies to the Office of the Secretary by Institution of Investigation: Certain
competitive conditions in the U.S. noon the next day pursuant to section Powered Cover Plates
economy, (3) U.S. production of articles 210.4(f) of the Commission’s Rules of AGENCY: U.S. International Trade
that are like or directly competitive with Practice and Procedure (19 CFR Commission.
those that are subject to investigation, 210.4(f)). Submissions should refer to
ACTION: Notice.
and (4) U.S. consumers. The the investigation number (‘‘Inv. No.
amozie on DSK3GDR082PROD with NOTICES1
Commission is therefore interested in 337–TA–1047’’) in a prominent place on SUMMARY: Notice is hereby given that a
receiving written submissions that the cover page and/or the first page. (See complaint was filed with the U.S.
address the aforementioned public Handbook for Electronic Filing International Trade Commission on June
interest factors in the context of this Procedures, http://www.usitc.gov/ 20, 2018, under section 337 of the Tariff
investigation. The Commission is secretary/fed_reg_notices/rules/
particularly interested in briefing on the handbook_on_electronic_filing.pdf.) 1 All contract personnel will sign appropriate
following issue: Persons with questions regarding filing nondisclosure agreements.
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![34872 Federal Register / Vol. 83, No. 141 / Monday, July 23, 2018 / Notices
Act of 1930, as amended, on behalf of International Trade Commission, on KCC Industries, 4950 Goodman Way,
SnapRays, LLC d/b/a SnapPower of July 17, 2018, ordered that— Eastvale, CA 91752–5087
Vineyard, Utah. Supplements to the (1) Pursuant to subsection (b) of Vistek Technology Co., Ltd., Rm 605,
Complaint were filed on July 6, July 11, section 337 of the Tariff Act of 1930, as
No. 278 Yongzheng Bldg., Defeng Rd.,
and July 12, 2018. The complaint, as amended, an investigation be instituted
Fuyong, Baoan, Shenzhen, China
supplemented, alleges violations of to determine whether there is a
violation of subsection (a)(1)(B) of 518103
section 337 based upon the importation
into the United States, the sale for section 337 in the importation into the Enstant Technology Co., Ltd., A525
importation, and the sale within the United States, the sale for importation, Boaoan Smart Valley, YinTian Rd,
United States after importation of or the sale within the United States after Xixiang Baoan District, Shenzhen,
certain powered cover plates by reason importation of products identified in China 518105
of infringement of U.S. Patent No. paragraph (2) by reason of infringement Manufacturers Components
9,871,324 (‘‘the ’324 patent’’); U.S. of one or more of claims 1, 4, 8, 9, 10,
Incorporated, 1721 Blount Road, #2,
Patent No. 9,917,430 (‘‘the ’430 patent’’); 13, 16, 17, and 19 of the ’324 patent;
Pompano Beach, FL 33069
U.S. Patent No. 9,882,361 (‘‘the ’361 claims 1–3, 7, 8, 18, and 19 of the ’430
patent’’) and U.S. Design Patent No. patent; claims 1, 3, 4, 10, 14, 17, 21, 23, (c) The Office of Unfair Import
D819,426 (‘‘the ’426 patent’’). The and 24 of the ’361 patent; and the sole Investigations, U.S. International Trade
complaint further alleges that an claim of the ’426 patent; and whether an Commission, 500 E Street SW, Suite
industry in the United States exists as industry in the United States exists as 401, Washington, DC 20436; and
required by the applicable Federal required by subsection (a)(2) of section
337; (4) For the investigation so instituted,
Statute.
(2) Pursuant to section 210.10(b)(1) of the Chief Administrative Law Judge,
The complainant requests that the
the Commission’s Rules of Practice and U.S. International Trade Commission,
Commission institute an investigation
and, after the investigation, issue a Procedure, 19 CFR 210.10(b)(1), the shall designate the presiding
general exclusion order, or in the plain language description of the Administrative Law Judge.
alternative a limited exclusion order, accused products or category of accused Responses to the complaint and the
and cease and desist orders. products, which defines the scope of the notice of investigation must be
ADDRESSES: The complaint, except for
investigation, is ‘‘powered cover plates, submitted by the named respondents in
any confidential information contained which are electrical receptacle covers accordance with section 210.13 of the
therein, is available for inspection with built-in functionality’’; Commission’s Rules of Practice and
during official business hours (8:45 a.m. (3) For the purpose of the Procedure, 19 CFR 210.13. Pursuant to
to 5:15 p.m.) in the Office of the investigation so instituted, the following 19 CFR 201.16(e) and 210.13(a), such
Secretary, U.S. International Trade are hereby named as parties upon which responses will be considered by the
Commission, 500 E Street SW, Room this notice of investigation shall be
Commission if received not later than 20
112, Washington, DC 20436, telephone served:
days after the date of service by the
(202) 205–2000. Hearing impaired (a) The complainant is: SnapRays,
LLC d/b/a SnapPower, 426 East 1750 Commission of the complaint and the
individuals are advised that information notice of investigation. Extensions of
on this matter can be obtained by North, Unit D, Vineyard, UT 84057.
(b) The respondents are the following time for submitting responses to the
contacting the Commission’s TDD complaint and the notice of
terminal on (202) 205–1810. Persons entities alleged to be in violation of
section 337, and are the parties upon investigation will not be granted unless
with mobility impairments who will good cause therefor is shown.
need special assistance in gaining access which the complaint is to be served:
to the Commission should contact the Ontel Products Corporation, 21 Law Dr., Failure of a respondent to file a timely
Office of the Secretary at (202) 205– Fairfield, NJ 07871 response to each allegation in the
2000. General information concerning Dazone LLC, 1141 East Acacia Ct., complaint and in this notice may be
the Commission may also be obtained Ontario, CA 91761–4519 deemed to constitute a waiver of the
by accessing its internet server at Shenzhen C-Myway, Saige Science Park right to appear and contest the
https://www.usitc.gov. The public #4, Futian, Shenzhen, Guangdong, allegations of the complaint and this
record for this investigation may be China notice, and to authorize the
viewed on the Commission’s electronic E-Zshop4u LLC, 9335 San Jose Blvd., administrative law judge and the
docket (EDIS) at https://edis.usitc.gov. Howey in the Hills, FL 34737 Commission, without further notice to
Desteny Store, 10840 Tiberio Dr., Fort the respondent, to find the facts to be as
FOR FURTHER INFORMATION CONTACT:
Meyers, FL 33913
Pathenia M. Proctor, The Office of alleged in the complaint and this notice
Zhongshan Led-Up Light Co. Ltd.,
Unfair Import Investigations, U.S. and to enter an initial determination
6016A, Bldg. B5, No. 133, Yunhan
International Trade Commission, and a final determination containing
Rd., Qijiang Rd., Shaxi Town,
telephone (202) 205–2560. Zhongshan, Guangdong, China such findings, and may result in the
SUPPLEMENTARY INFORMATION: AllTrade Tools LLC, 6122 KateIla Ave., issuance of an exclusion order or a cease
Authority: The authority for Cypress, CA 90630 and desist order or both directed against
institution of this investigation is Guangzhou Sailu Info Tech. Co., Ltd., the respondent.
amozie on DSK3GDR082PROD with NOTICES1
contained in section 337 of the Tariff Nan Hang Huo Yun Da Lou Yuan Nei By order of the Commission.
Act of 1930, as amended, 19 U.S.C. Can, 3 Hao YunXiao Lu, Bai Yun Qu Issued: July 18, 2018.
1337, and in section 210.10 of the 510400, Guangzhou Gunagdong China
Lisa Barton,
Commission’s Rules of Practice and NEPCI—Zhejiang New-Epoch,
Procedure, 19 CFR 210.10 (2018). Communication Industry Co., Ltd., Secretary to the Commission.
Scope of Investigation: Having Develop Road, Wengyang Industry [FR Doc. 2018–15695 Filed 7–20–18; 8:45 am]
considered the complaint, the U.S. Zone, Yueging, Zhejiang, China BILLING CODE 7020–02–P
VerDate Sep<11>2014 19:07 Jul 20, 2018 Jkt 244001 PO 00000 Frm 00050 Fmt 4703 Sfmt 4703 E:\FR\FM\23JYN1.SGM 23JYN1](https://thefederalregister.org/doc/83_FR_35012/page/2.svg)
Document Created: 2018-07-21 00:49:01
Document Modified: 2018-07-21 00:49:01
| 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 34871 |
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