83 FR 36621 - Certain Height-Adjustable Desk Platforms and Components Thereof Institution of Investigation
INTERNATIONAL TRADE COMMISSION Federal Register Volume 83, Issue 146 (July 30, 2018)
Federal Register Volume 83, Issue 146 (July 30, 2018)
| Page Range | 36621-36622 | |
| FR Document | 2018-16126 |
[Federal Register Volume 83, Number 146 (Monday, July 30, 2018)] [Notices] [Pages 36621-36622] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-16126] ======================================================================= ----------------------------------------------------------------------- INTERNATIONAL TRADE COMMISSION [Investigation No. 337-TA-1125] Certain Height-Adjustable Desk Platforms 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 June 22, 2018, under section 337 of the Tariff Act of 1930, as amended, on behalf of Varidesk LLC of Coppell, Texas. On July 3, 12, and 20, 2018, Varidesk filed letters supplementing the complaint. 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 height-adjustable desk platforms and components thereof by reason of infringement of certain claims of U.S. Patent No. 9,113,703 (``the '703 patent''); U.S. Patent No. 9,277,809 (``the '809 patent''); U.S. Patent No. 9,554,644 (``the '644 patent''); and U.S. Patent No. 9,924,793 (``the '793 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 and a cease and desist order. 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 Proctor, 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 23, 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 and 6-11 of the '703 patent; claims 1-3, 5-18, and 22-28 of the '809 patent; claims 1-15, 19, 21-23, 25-26, and 28-36 of the '644 patent; and claims 1-11 and 20-50 of the '793 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 ``a desk platform that sits on an existing desk or work surface and can be adjusted to different heights''; (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: Varidesk LLC, 1221 South Belt Line Road, #500, Coppell, Texas 75019. (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: Albeit LLC, 1351 Broadway Street, San Francisco, CA 94109 ATC Supply LLC, 12604 Canterbury Drive, Plainfield, IL 60585-3000 Shenzhen Atc Network Scienology CO., LTD., Room 1902, Zian Business Building, The Xinan Second Road, Baoan District, Shenzhen, 518000 Guangdong, China Best Choice Products, 5642 East Ontario Mills Parkway, Ontario, CA 91764 Huizhou Chang He Home Supplies Co., Ltd., Building 2, Tangquan Qiaoxing Tech Ind. Zone, Xiaojinkou Town, Huizhou, 516023 Guangdong, China Dakota Trading, Inc., 85 Kinderkamack Road, Emerson, NJ 07630 Designa Inc., San Zhou Lang Industrial Park, Airport Road, Nanhai District, Foshan City, 528237 Guangdong, China Designa Group, Inc., 4901 Moreau Court, El Dorado Hills, CA 95762 Eureka LLC, 4901 Moreau Court, El Dorado Hills, CA 95762 LaMountain International Group LLC, 9125 Santorini Drive, Elk Grove, CA 95758 Amazon Import Inc., 9910 Baldwin Place, El Monte, CA 91731 Hangzhou Grandix Electronics Co., Ltd., Room 1-1804, New Youth Plaza, No. 8 Jiashan Road, Gongshu District, Hangzhou, 310014 Zhejiang, China Ningbo GYL International Trading Co., Ltd., 228 Mingbin Road, Luoto Area, Zhenhai, Ningbo, 315202 Zhejiang, China Knape & Vogt Manufacturing Co., 2700 Oak Industrial Drive NE, Grand Rapids, MI 49505 [[Page 36622]] JV Products Inc., 1825 Houret Court, Milpitas, CA 95035 Vanson Distributing, Inc., 1825 Houret Court, Milpitas, CA 95035 Vanson Group, Inc., 1825 Houret Court, Milpitas, CA 95035 S.P. Richards Co. DBA Lorell, 6300 Highlands Parkway SE, Smyrna, GA 30082 Nantong Jon Ergonomic Office Co., Ltd., Building D, Jingyangshumacheng Chongchuan District, Nantong, 226001 Jiangsu, China Jiangsu Omni Industrial Co., Ltd., No. 9, Yinbai Road, Hanjiang Economic Development Zone, Yangzhou City, 2251217 Jiangsu, China OmniMax USA, LLC, 7711 County Road 513, Anna, TX 75409 Haining Orizeal Import and Export Co., Ltd., 4th Floor, Building B, Jinhui Plaza, No. 486 South Hai Chang Road, Haining, 314400 Zhejiang, China Qidong Vision Mounts Manufacturing Co., Ltd., No. 899 Lingfeng Road, HaiHong Industry Park, Qidong, 226220 Jiangsu, China Hangzhou KeXiang Keji Youxiangongsi, 1174 Binhe Lu, Changhe Jiedao Binjiang Qu, 310052 Hangzhou, China Smugdesk, LLC, 14839 Proctor Avenue, Suite D, La Puente, CA 91746 Venditio Group, LLC, 4030 Deerpark Boulevard, Suite 200, Elkton, FL 32033 Versa Products Inc., 14105 Avalon Boulevard, Los Angeles, CA 90061 Victor Technology, LLC, 100 East Crossroads Parkway, Suite C, Bolingbrook, IL 60440 CKnapp Sales, Inc. DBA Vivo, 195 East Martin Drive, Goodfield, IL 61742 Wuhu Xingdian Industrial Co., Ltd., No. 168 Xici 5th Road, Mechanical Industrial Zone, Wuhu, 241100 Anhui, China Wuppessen, Inc., 1730 East Cedar Street, Ontario, CA 91761 (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 respondent 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 the 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 24, 2018. Lisa Barton, Secretary to the Commission. [FR Doc. 2018-16126 Filed 7-27-18; 8:45 am] BILLING CODE 7020-02-P
![Federal Register / Vol. 83, No. 146 / Monday, July 30, 2018 / Notices 36621
lands, including any required U.S. Patent No. 9,277,809 (‘‘the ’809 patent; and claims 1–11 and 20–50 of
dedication of lands for public uses. It is patent’’); U.S. Patent No. 9,554,644 (‘‘the the ’793 patent; and whether an
also the bidder’s responsibility to be ’644 patent’’); and U.S. Patent No. industry in the United States exists as
aware of existing or prospective uses of 9,924,793 (‘‘the ’793 patent’’). The required by subsection (a)(2) of section
nearby properties. When conveyed out complaint further alleges that an 337;
of Federal ownership, the lands will be industry in the United States exists as (2) Pursuant to section 210.10(b)(1) of
subject to any applicable laws, required by the applicable Federal the Commission’s Rules of Practice and
regulations, and policies of the Statute. Procedure, 19 CFR 210.10(b)(1), the
applicable local government for The complainant requests that the plain language description of the
proposed future uses. It will be the Commission institute an investigation accused products or category of accused
responsibility of the purchaser to be and, after the investigation, issue a products, which defines the scope of the
aware through due diligence of those general exclusion order and a cease and investigation, is ‘‘a desk platform that
laws, regulations, and policies, and to desist order. sits on an existing desk or work surface
seek any required local approvals for ADDRESSES: The complaint, except for and can be adjusted to different
future uses. Bidders should also make any confidential information contained heights’’;
themselves aware of any Federal or therein, is available for inspection (3) For the purpose of the
State law or regulation that may impact during official business hours (8:45 a.m. investigation so instituted, the following
the future use of the property. Any land to 5:15 p.m.) in the Office of the are hereby named as parties upon which
lacking access from a public road or Secretary, U.S. International Trade this notice of investigation shall be
highway will be conveyed as such, and Commission, 500 E Street SW, Room served:
future access acquisition will be the 112, Washington, DC 20436, telephone (a) The complainant is: Varidesk LLC,
responsibility of the buyer. (202) 205–2000. Hearing impaired 1221 South Belt Line Road, #500,
Any adverse comments regarding the individuals are advised that information Coppell, Texas 75019.
proposed sales will be reviewed by the on this matter can be obtained by (b) The respondents are the following
BLM Nevada State Director, who may contacting the Commission’s TDD entities alleged to be in violation of
sustain, vacate, or modify this realty terminal on (202) 205–1810. Persons section 337, and are the parties upon
action. In the absence of any valid with mobility impairments who will which the complaint is to be served:
adverse comments, this realty action need special assistance in gaining access Albeit LLC, 1351 Broadway Street, San
will become the final determination of to the Commission should contact the Francisco, CA 94109
the Department of the Interior. Office of the Secretary at (202) 205– ATC Supply LLC, 12604 Canterbury
Authority: 40 CFR 1501.7, 43 CFR 1610.2, 2000. General information concerning Drive, Plainfield, IL 60585–3000
43 CFR 1610.5, 43 CFR 2400, 43 CFR 2710, the Commission may also be obtained Shenzhen Atc Network Scienology CO.,
43 CFR 2711 and 43 CFR 2800. by accessing its internet server at LTD., Room 1902, Zian Business
Michael C. Courtney, https://www.usitc.gov. The public Building, The Xinan Second Road,
Acting Nevada State Director. record for this investigation may be Baoan District, Shenzhen, 518000
viewed on the Commission’s electronic Guangdong, China
[FR Doc. 2018–16226 Filed 7–27–18; 8:45 am]
docket (EDIS) at https://edis.usitc.gov. Best Choice Products, 5642 East Ontario
BILLING CODE 4310–HC–P
FOR FURTHER INFORMATION CONTACT: Mills Parkway, Ontario, CA 91764
Pathenia Proctor, Office of Unfair Huizhou Chang He Home Supplies Co.,
Import Investigations, U.S. International Ltd., Building 2, Tangquan Qiaoxing
INTERNATIONAL TRADE
Trade Commission, telephone (202) Tech Ind. Zone, Xiaojinkou Town,
COMMISSION
205–2560. Huizhou, 516023 Guangdong, China
[Investigation No. 337–TA–1125] SUPPLEMENTARY INFORMATION: Dakota Trading, Inc., 85 Kinderkamack
Authority: The authority for Road, Emerson, NJ 07630
Certain Height-Adjustable Desk institution of this investigation is Designa Inc., San Zhou Lang Industrial
Platforms and Components Thereof contained in section 337 of the Tariff Park, Airport Road, Nanhai District,
Institution of Investigation Act of 1930, as amended, 19 U.S.C. Foshan City, 528237 Guangdong,
AGENCY: U.S. International Trade 1337, and in section 210.10 of the China
Commission. Commission’s Rules of Practice and Designa Group, Inc., 4901 Moreau
ACTION: Notice. Procedure, 19 CFR 210.10 (2018). Court, El Dorado Hills, CA 95762
Scope of Investigation: Having Eureka LLC, 4901 Moreau Court, El
SUMMARY: Notice is hereby given that a considered the complaint, the U.S. Dorado Hills, CA 95762
complaint was filed with the U.S. International Trade Commission, on LaMountain International Group LLC,
International Trade Commission on June July 23, 2018, ordered that— 9125 Santorini Drive, Elk Grove, CA
22, 2018, under section 337 of the Tariff (1) Pursuant to subsection (b) of 95758
Act of 1930, as amended, on behalf of section 337 of the Tariff Act of 1930, as Amazon Import Inc., 9910 Baldwin
Varidesk LLC of Coppell, Texas. On July amended, an investigation be instituted Place, El Monte, CA 91731
3, 12, and 20, 2018, Varidesk filed to determine whether there is a Hangzhou Grandix Electronics Co., Ltd.,
letters supplementing the complaint. violation of subsection (a)(1)(B) of Room 1–1804, New Youth Plaza, No.
The complaint alleges violations of section 337 in the importation into the 8 Jiashan Road, Gongshu District,
section 337 based upon the importation United States, the sale for importation, Hangzhou, 310014 Zhejiang, China
daltland on DSKBBV9HB2PROD with NOTICES
into the United States, the sale for or the sale within the United States after Ningbo GYL International Trading Co.,
importation, and the sale within the importation of products identified in Ltd., 228 Mingbin Road, Luoto Area,
United States after importation of paragraph (2) by reason of infringement Zhenhai, Ningbo, 315202 Zhejiang,
certain height-adjustable desk platforms of one or more of claims 1–4 and 6–11 China
and components thereof by reason of of the ’703 patent; claims 1–3, 5–18, and Knape & Vogt Manufacturing Co., 2700
infringement of certain claims of U.S. 22–28 of the ’809 patent; claims 1–15, Oak Industrial Drive NE, Grand
Patent No. 9,113,703 (‘‘the ’703 patent’’); 19, 21–23, 25–26, and 28–36 of the ’644 Rapids, MI 49505
VerDate Sep<11>2014 20:33 Jul 27, 2018 Jkt 244001 PO 00000 Frm 00109 Fmt 4703 Sfmt 4703 E:\FR\FM\30JYN1.SGM 30JYN1](https://thefederalregister.org/doc/83_FR_36767/page/1.svg)
![36622 Federal Register / Vol. 83, No. 146 / Monday, July 30, 2018 / Notices
JV Products Inc., 1825 Houret Court, notice of investigation. Extensions of of the investigation following
Milpitas, CA 95035 time for submitting responses to the notification of a preliminary
Vanson Distributing, Inc., 1825 Houret complaint and the notice of determination by Commerce that
Court, Milpitas, CA 95035 investigation will not be granted unless imports of stainless steel flanges from
Vanson Group, Inc., 1825 Houret Court, good cause therefor is shown. China were being sold at LTFV within
Milpitas, CA 95035 Failure of the respondent to file a the meaning of section 733(b) of the Act
S.P. Richards Co. DBA Lorell, 6300 timely response to each allegation in the (19 U.S.C. 1673b(b)). Effective January
Highlands Parkway SE, Smyrna, GA complaint and in this notice may be 23, 2018, the Commission established a
30082 deemed to constitute a waiver of the general schedule for the conduct of the
Nantong Jon Ergonomic Office Co., Ltd., right to appear and contest the final phase of its investigations on
Building D, Jingyangshumacheng allegations of the complaint and this stainless steel flanges from China and
Chongchuan District, Nantong, notice, and to authorize the India,3 following preliminary
226001 Jiangsu, China administrative law judge and the determinations by Commerce that
Jiangsu Omni Industrial Co., Ltd., No. 9, Commission, without further notice to imports of the subject stainless steel
Yinbai Road, Hanjiang Economic the respondent, to find the facts to be as flanges were subsidized by the
Development Zone, Yangzhou City, alleged in the complaint and this notice governments of China and India. Notice
2251217 Jiangsu, China and to enter an initial determination of the scheduling of the final phase of
OmniMax USA, LLC, 7711 County Road and a final determination containing the Commission’s investigation and of a
513, Anna, TX 75409 such findings, and may result in the public hearing to be held in connection
Haining Orizeal Import and Export Co., issuance of an exclusion order or a cease therewith was given by posting copies
Ltd., 4th Floor, Building B, Jinhui and desist order or both directed against of the notice in the Office of the
Plaza, No. 486 South Hai Chang Road, the respondent. Secretary, U.S. International Trade
Haining, 314400 Zhejiang, China By order of the Commission. Commission, Washington, DC, and by
Qidong Vision Mounts Manufacturing Issued: July 24, 2018. publishing the notice in the Federal
Co., Ltd., No. 899 Lingfeng Road, Register of February 7, 2018 (83 FR
Lisa Barton,
HaiHong Industry Park, Qidong, 5459). The hearing was held in
Secretary to the Commission.
226220 Jiangsu, China Washington, DC, on April 10, 2018, and
Hangzhou KeXiang Keji Youxiangongsi, [FR Doc. 2018–16126 Filed 7–27–18; 8:45 am]
all persons who requested the
1174 Binhe Lu, Changhe Jiedao BILLING CODE 7020–02–P
opportunity were permitted to appear in
Binjiang Qu, 310052 Hangzhou, China person or by counsel. The Commission
Smugdesk, LLC, 14839 Proctor Avenue, subsequently issued its final affirmative
Suite D, La Puente, CA 91746 INTERNATIONAL TRADE
COMMISSION determination regarding subsidized
Venditio Group, LLC, 4030 Deerpark
imports from China on May 29, 2018 (83
Boulevard, Suite 200, Elkton, FL [Investigation No. 731–TA–1383 (Final)]
FR 25714, June 4, 2018). Following
32033
Stainless Steel Flanges From China; notification of a final determination by
Versa Products Inc., 14105 Avalon
Determination Commerce that imports of stainless steel
Boulevard, Los Angeles, CA 90061
flanges from China were being sold at
Victor Technology, LLC, 100 East
On the basis of the record 1 developed LTFV within the meaning of section
Crossroads Parkway, Suite C,
in the subject investigation, the United 735(a) of the Act (19 U.S.C. 1673d(a)),4
Bolingbrook, IL 60440
States International Trade Commission notice of the supplemental scheduling
CKnapp Sales, Inc. DBA Vivo, 195 East
(‘‘Commission’’) determines, pursuant of the final phase of the Commission’s
Martin Drive, Goodfield, IL 61742
to the Tariff Act of 1930 (‘‘the Act’’), antidumping duty investigation with
Wuhu Xingdian Industrial Co., Ltd., No.
that an industry in the United States is respect to China was given by posting
168 Xici 5th Road, Mechanical
materially injured by reason of imports copies of the notice in the Office of the
Industrial Zone, Wuhu, 241100
of stainless steel flanges from China that Secretary, U.S. International Trade
Anhui, China
have been found by the U.S. Department Commission, Washington, DC, and by
Wuppessen, Inc., 1730 East Cedar
of Commerce (‘‘Commerce’’) to be sold publishing the notice in the Federal
Street, Ontario, CA 91761
in the United States at less than fair Register of June 25, 2018 (83 FR 29568).
(c) The Office of Unfair Import value (‘‘LTFV’’).2
Investigations, U.S. International Trade The Commission made this
Commission, 500 E Street SW, Suite Background determination pursuant to section
401, Washington, DC 20436; and The Commission instituted this 735(b) of the Act (19 U.S.C. 1673d(b)).
(4) For the investigation so instituted, investigation effective August 16, 2017, It completed and filed its determination
the Chief Administrative Law Judge, following receipt of a petition filed with in this investigation on July 25, 2018.
U.S. International Trade Commission, the Commission and Commerce by the The views of the Commission are
shall designate the presiding Coalition of American Flange Producers contained in USITC Publication 4807
Administrative Law Judge. on behalf of itself and its individual (July 2018), entitled Stainless Steel
Responses to the complaint and the members, Core Pipe Products, Inc., Flanges from China: Investigation No.
notice of investigation must be Carol Stream, Illinois, and Maass Flange 731–TA–1383 (Final).
submitted by the named respondent in Corporation, Houston, Texas. The By order of the Commission.
accordance with section 210.13 of the Commission scheduled the final phase
daltland on DSKBBV9HB2PROD with NOTICES
Commission’s Rules of Practice and 3 Stainless Steel Flanges from China and India:
Procedure, 19 CFR 210.13. Pursuant to 1 The
record is defined in sec. 207.2(f) of the Scheduling of the Final Phase of Countervailing
19 CFR 201.16(e) and 210.13(a), such Commission’s Rules of Practice and Procedure (19 Duty and Antidumping Duty Investigations, 83 FR
responses will be considered by the CFR 207.2(f)). 5459, February 7, 2018.
2 Stainless Steel Flanges From the People’s 4 Stainless Steel Flanges From the People’s
Commission if received not later than 20 Republic of China: Final Affirmative Determination Republic of China: Final Affirmative Determination
days after the date of service by the of Sales at Less Than Fair Value, 83 FR 26959, June of Sales at Less than Fair Value, 83 FR 26959, June
Commission of the complaint and the 11, 2018. 11, 2018.
VerDate Sep<11>2014 20:33 Jul 27, 2018 Jkt 244001 PO 00000 Frm 00110 Fmt 4703 Sfmt 4703 E:\FR\FM\30JYN1.SGM 30JYN1](https://thefederalregister.org/doc/83_FR_36767/page/2.svg)
Document Created: 2018-07-28 01:44:26
Document Modified: 2018-07-28 01:44:26
| 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 Proctor, Office of Unfair Import Investigations, U.S. International Trade Commission, telephone (202) 205-2560. | |
| FR Citation | 83 FR 36621 |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR