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)

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, 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