83 FR 39460 - Certain Jump Rope Systems; Commission Determination Not To Review an Initial Determination Finding Sole Respondent in Default; Request for Written Submissions on Remedy, Bonding, and the Public Interest

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 83, Issue 154 (August 9, 2018)

Page Range		39460-39461
FR Document		2018-17070

Notice is hereby given that the U.S. International Trade Commission has determined not to review an initial determination (Order No. 6), finding the sole respondent, Suzhou Everise Fitness Co., Ltd. of Jiangsu, China, in default. The Commission requests written submissions, under the schedule set forth below, on remedy, bonding, and the public interest.

Federal Register, Volume 83 Issue 154 (Thursday, August 9, 2018)

[Federal Register Volume 83, Number 154 (Thursday, August 9, 2018)]
[Notices]
[Pages 39460-39461]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-17070]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1108]


Certain Jump Rope Systems; Commission Determination Not To Review 
an Initial Determination Finding Sole Respondent in Default; Request 
for Written Submissions on Remedy, Bonding, and the Public Interest

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined not to review an initial determination (Order 
No. 6), finding the sole respondent, Suzhou Everise Fitness Co., Ltd. 
of Jiangsu, China, in default. The Commission requests written 
submissions, under the schedule set forth below, on remedy, bonding, 
and the public interest.

FOR FURTHER INFORMATION CONTACT: Lucy Grace D. Noyola, Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone 202-205-3438. 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 (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: The Commission instituted this investigation 
on April 18, 2018, based on a complaint filed by Jump Rope Systems, LLC 
of Louisville, Colorado (``Complainant''). 83 FR 17190 (Apr. 18, 2018). 
The complaint, as supplemented, alleges violations of section 337 of 
the Tariff Act of 1930, as amended, 19 U.S.C. 1337, based upon the 
importation into the United States, the sale for importation, and the 
sale within the United States after importation of certain jump rope 
systems by reason of infringement of certain claims of U.S. Patent Nos. 
7,789,809 and 8,136,208. The notice of investigation named one 
respondent: Suzhou Everise Fitness Co., Ltd. of Jiangsu, China 
(``Respondent''). The Office of Unfair Import Investigations (``OUII'') 
also was named as a party to the investigation.
    The complaint and notice of investigation were served on Respondent 
on April 13, 2018. However, Respondent did not respond to the complaint 
or notice of investigation.
    On May 31, 2018, Complainant filed an amended motion for an order 
to show cause directing Respondent to demonstrate why it should not be 
found in default for failing to respond to the complaint and notice of 
investigation, or otherwise participate in the investigation. On June 
6, 2018, OUII filed a response, supporting the motion. No other 
responses were filed.
    On June 12, 2018, the presiding administrative law judge (``ALJ'') 
issued Order No. 5, ordering Respondent to show why it should not be 
found in default. No response was filed.
    On July 10, 2018, the ALJ issued the subject ID (Order No. 6), 
finding Respondent in default under Commission Rule 210.16 (19 CFR 
210.16) and terminating the proceedings before the ALJ in their 
entirety. No petitions for review were filed.
    The Commission has determined not to review the subject ID. Section 
337(g)(1) (35 U.S.C. 1337(g)(1)) and Commission Rule 210.16(c) (19 CFR 
210.16(c)) authorize the Commission to order relief against a 
respondent found in default, unless, after considering the public 
interest, it finds that such relief should not issue.
    In connection with the final disposition of this investigation, the 
Commission may (1) issue an order that could result in the exclusion of 
the subject articles from entry into the United States, and/or (2) 
issue a cease and desist order that could result in Respondent being 
required to cease and desist from engaging in unfair acts in the 
importation and sale of such articles. Accordingly, the Commission is 
interested in receiving written submissions that address the form of 
remedy, if any, that should be ordered. If a party seeks exclusion of 
an article from entry into the United States for

[[Page 39461]]

purposes other than entry for consumption, the party should so indicate 
and provide information establishing that activities involving other 
types of entry either are adversely affecting it or likely to do so. 
For background, see Certain Devices for Connecting Computers via 
Telephone Lines, Inv. No. 337-TA-360, USITC Pub. No. 2843 (Dec. 1994), 
Comm'n Op. at 7-10.
    If the Commission contemplates some form of remedy, it must 
consider the effects of that remedy upon the public interest. The 
factors the Commission will consider include the effect that an 
exclusion order and/or cease and desist order would have on (1) the 
public health and welfare, (2) competitive conditions in the U.S. 
economy, (3) U.S. production of articles that are like or directly 
competitive with those that are subject to investigation, and (4) U.S. 
consumers. The Commission is therefore interested in receiving written 
submissions that address the aforementioned public interest factors in 
the context of this investigation.
    If the Commission orders some form of remedy, the U.S. Trade 
Representative, as delegated by the President, has 60 days to approve 
or disapprove the Commission's action. See Presidential Memorandum of 
July 21, 2005, 70 FR 43251 (July 26, 2005). During this period, the 
subject articles would be entitled to enter the United States under 
bond, in an amount determined by the Commission and prescribed by the 
Secretary of the Treasury. The Commission is therefore interested in 
receiving submissions concerning the amount of the bond that should be 
imposed if a remedy is ordered.
    Written Submissions: Parties to the investigation, including OUII, 
interested government agencies, and any other interested parties are 
encouraged to file written submissions on the issues of remedy, the 
public interest, and bonding. Complainant and OUII are also requested 
to submit proposed remedial orders for the Commission's consideration. 
Complainant is further requested to state the date that the asserted 
patents expire and the HTSUS numbers under which the accused products 
are imported, and provide identification information for all known 
importers of the subject articles. The written submissions and proposed 
remedial orders must be filed no later than close of business on August 
20, 2018. Reply submissions must be filed no later than the close of 
business on August 27, 2018. No further submissions on these issues 
will be permitted unless otherwise ordered by the Commission.
    Persons filing written submissions must file the original document 
electronically on or before the deadlines stated above and submit 8 
true paper copies to the Office of the Secretary by noon the next day 
pursuant to section 210.4(f) of the Commission's Rules of Practice and 
Procedure (19 CFR 210.4(f)). Submissions should refer to the 
investigation number (``Inv. No. 337-TA-1108'') in a prominent place on 
the cover page and/or the first page. See Handbook for Electronic 
Filing Procedures, http://www.usitc.gov/secretary/fed_reg_notices/rules/handbook_on_electronic_filing.pdf. Persons with questions 
regarding filing should contact the Secretary at (202) 205-2000.
    Any person desiring to submit a document to the Commission in 
confidence must request confidential treatment. All such requests 
should be directed to the Secretary to the Commission and must include 
a full statement of the reasons why the Commission should grant such 
treatment. See 19 CFR 201.6. Documents for which confidential treatment 
by the Commission is properly sought will be treated accordingly. All 
information, including confidential business information and documents 
for which confidential treatment is properly sought, submitted to the 
Commission for purposes of this Investigation may be disclosed to and 
used: (i) By the Commission, its employees and Offices, and contract 
personnel (a) for developing or maintaining the records of this or a 
related proceeding, or (b) in internal investigations, audits, reviews, 
and evaluations relating to the programs, personnel, and operations of 
the Commission including under 5 U.S.C. Appendix 3; or (ii) by U.S. 
government employees and contract personnel,\1\ solely for 
cybersecurity purposes. All non-confidential written submissions will 
be available for public inspection at the Office of the Secretary and 
on EDIS.
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    \1\ All contract personnel will sign appropriate nondisclosure 
agreements.
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    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).

    By order of the Commission.

    Issued: August 6, 2018.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2018-17070 Filed 8-8-18; 8:45 am]
BILLING CODE 7020-02-P

39460 Federal Register / Vol. 83, No. 154 / Thursday, August 9, 2018 / Notices

Department of the Interior, state The authority for this action is the complaint, as supplemented, alleges
geological surveys, and academic Paperwork Reduction Act of 1995 (44 violations of section 337 of the Tariff
institutions. To submit a proposal, U.S.C. 3501, et seq.). Act of 1930, as amended, 19 U.S.C.
respondents must complete a project Dated: August 6, 2018. 1337, based upon the importation into
narrative and submit the application via Lindsay Powers,
the United States, the sale for
www.grants.gov. Grant recipients must importation, and the sale within the
NGGDPP Coordinator.
complete a final technical report at the United States after importation of
[FR Doc. 2018–17073 Filed 8–8–18; 8:45 am] certain jump rope systems by reason of
end of the project period. Narrative and
report guidance is available at http:// BILLING CODE 4338–11–P infringement of certain claims of U.S.
datapreservation.usgs.gov and Patent Nos. 7,789,809 and 8,136,208.
www.grants.gov. The notice of investigation named one
Annual data preservation priorities INTERNATIONAL TRADE respondent: Suzhou Everise Fitness Co.,
are provided in the Program COMMISSION Ltd. of Jiangsu, China (‘‘Respondent’’).
Announcement as guidance for The Office of Unfair Import
[Investigation No. 337–TA–1108] Investigations (‘‘OUII’’) also was named
applicants to consider when submitting
proposals. Since its inception in 2007, Certain Jump Rope Systems; as a party to the investigation.
NGGDPP has awarded 46 states with The complaint and notice of
Commission Determination Not To
$7,043,000, which, when matched or investigation were served on
Review an Initial Determination Finding
exceeded by the states, amounts to over Respondent on April 13, 2018.
Sole Respondent in Default; Request
$14 million invested in the rescue and However, Respondent did not respond
for Written Submissions on Remedy,
preservation efforts. This notice to the complaint or notice of
Bonding, and the Public Interest investigation.
concerns the collection of information
that is sufficient and relevant to AGENCY: U.S. International Trade On May 31, 2018, Complainant filed
evaluate and select proposals for Commission. an amended motion for an order to
funding. We will protect information show cause directing Respondent to
ACTION: Notice.
from respondents considered demonstrate why it should not be found
proprietary under the Freedom of SUMMARY: Notice is hereby given that in default for failing to respond to the
Information Act (5 U.S.C. 552) and the U.S. International Trade complaint and notice of investigation, or
implementing regulations (43 CFR part Commission has determined not to otherwise participate in the
2), and under regulations at 30 CFR review an initial determination (Order investigation. On June 6, 2018, OUII
250.197, ‘‘Data and information to be No. 6), finding the sole respondent, filed a response, supporting the motion.
made available to the public or for Suzhou Everise Fitness Co., Ltd. of No other responses were filed.
Jiangsu, China, in default. The On June 12, 2018, the presiding
limited inspection.’’ Responses are
Commission requests written administrative law judge (‘‘ALJ’’) issued
voluntary. No questions of a ‘‘sensitive’’
submissions, under the schedule set Order No. 5, ordering Respondent to
nature are asked. We intend to release
forth below, on remedy, bonding, and show why it should not be found in
the project abstracts and identify states
the public interest. default. No response was filed.
for awarded/funded projects only. On July 10, 2018, the ALJ issued the
Title of Collection: National FOR FURTHER INFORMATION CONTACT: subject ID (Order No. 6), finding
Geological and Geophysical Data Lucy Grace D. Noyola, Office of the Respondent in default under
Preservation Program (NGGDPP). General Counsel, U.S. International Commission Rule 210.16 (19 CFR
OMB Control Number: 1028–0087. Trade Commission, 500 E Street SW,
Form Number: NA. 210.16) and terminating the proceedings
Washington, DC 20436, telephone 202– before the ALJ in their entirety. No
Type of Review: Extension of a 205–3438. Copies of non-confidential
currently approved collection. petitions for review were filed.
documents filed in connection with this The Commission has determined not
Respondents/Affected Public: All investigation are or will be available for
state geological surveys may apply for to review the subject ID. Section
inspection during official business 337(g)(1) (35 U.S.C. 1337(g)(1)) and
NGGDPP grants. hours (8:45 a.m. to 5:15 p.m.) in the
Total Estimated Number of Annual Commission Rule 210.16(c) (19 CFR
Office of the Secretary, U.S. 210.16(c)) authorize the Commission to
Respondents: 35. International Trade Commission, 500 E
Total Estimated Number of Annual order relief against a respondent found
Street SW, Washington, DC 20436, in default, unless, after considering the
Responses: 70 (35 applications, 35 final
telephone 202–205–2000. General public interest, it finds that such relief
technical report submissions).
information concerning the Commission should not issue.
Estimated Completion Time per
may also be obtained by accessing its In connection with the final
Response: Grant application time
internet server (https://www.usitc.gov). disposition of this investigation, the
estimate is 80 hours; final technical
The public record for this investigation Commission may (1) issue an order that
report completion time estimate is 10
may be viewed on the Commission’s could result in the exclusion of the
hours.
Total Estimated Number of Annual electronic docket (EDIS) at https:// subject articles from entry into the
Burden Hours: 3,150. edis.usitc.gov. Hearing-impaired United States, and/or (2) issue a cease
Respondent’s Obligation: Required to persons are advised that information on and desist order that could result in
Obtain a Benefit. this matter can be obtained by Respondent being required to cease and
contacting the Commission’s TDD desist from engaging in unfair acts in
sradovich on DSK3GMQ082PROD with NOTICES

Frequency of Collection: Annually.
Total Estimated Annual Non-hour terminal on 202–205–1810. the importation and sale of such
Burden Cost: None. SUPPLEMENTARY INFORMATION: The articles. Accordingly, the Commission is
An agency may not conduct or Commission instituted this investigation interested in receiving written
sponsor and a person is not required to on April 18, 2018, based on a complaint submissions that address the form of
respond to a collection of information filed by Jump Rope Systems, LLC of remedy, if any, that should be ordered.
unless it displays a currently valid OMB Louisville, Colorado (‘‘Complainant’’). If a party seeks exclusion of an article
control number. 83 FR 17190 (Apr. 18, 2018). The from entry into the United States for

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Document Created: 2018-08-09 01:12:17
Document Modified: 2018-08-09 01:12:17

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		Lucy Grace D. Noyola, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone 202-205-3438. 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 (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 39460