83 FR 5806 - Certain Pool Spa Enclosures; Notice of Commission Determination Not To Review an Initial Determination (Order No. 9) Terminating the Investigation; Termination of the Investigation

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 83, Issue 28 (February 9, 2018)

Notice is hereby given that the U.S. International Trade Commission (the ``Commission'') has determined not to review a January 23, 2018, initial determination (Order No. 9) (the ``ID'') granting a joint motion to terminate this investigation based on a settlement agreement. This investigation is terminated.

[Federal Register Volume 83, Number 28 (Friday, February 9, 2018)]
[Notices]
[Pages 5806-5807]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-02573]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1069]


Certain Pool Spa Enclosures; Notice of Commission Determination 
Not To Review an Initial Determination (Order No. 9) Terminating the 
Investigation; Termination of the Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission (the ``Commission'') has determined not to review a January 
23, 2018, initial determination (Order No. 9) (the ``ID'') granting a 
joint motion to terminate this investigation based on a settlement 
agreement. This investigation is terminated.

FOR FURTHER INFORMATION CONTACT: Ron Traud, Office of the General 
Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone (202) 205-3427. 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 at 202-205-
1810.

SUPPLEMENTARY INFORMATION: On September 15, 2017, the Commission 
instituted this investigation under section 337 of the Tariff Act of 
1930, as amended, 19 U.S.C. 1337 (``section 337''), based on a 
complaint and an amended complaint filed by Aqua Shield, Inc. of West 
Babylon, NY (``Aqua Shield''). 82 FR 43402, 43402-03 (Sept. 15, 2017). 
The complaint, as amended, alleges a violation of section 337 by reason 
of infringement of certain claims of U.S. Patent No. U.S. Patent No. 
6,637,160. The complaint named as respondents Inter Pool Cover Team of 
the Czech Republic; Alukov HZ Spol. S.R.O. of the Czech Republic; 
Alukov, Spol. S.R.O. of Slovakia; Pool & Spa Enclosures, LLC, of Monroe 
Township, NJ; and Poolandspa.com of Las Vegas, NV (collectively, 
``Respondents''). Id. The Office of Unfair Import Investigations 
(``OUII'') is also a party in this investigation. Id.
    On January 5, 2018, Aqua Shield and Respondents filed a joint 
motion to terminate this investigation as to all respondents based on a 
settlement agreement (the ``Agreement''). OUII filed a response 
supporting the motion.
    On January 23, 2018, the presiding administrative law judge (Chief 
Judge Bullock) issued the ID, which grants the motion. The ID finds 
that the private parties' motion complies with Commission Rule 
210.21(b), finding that the parties have provided a confidential and a 
public version of the Agreement, and also finding that the parties' 
motion states that ``[t]here are no other agreements, written or oral, 
express or implied, regarding the subject matter of this 
Investigation.'' The ID further considers the public interest, as is 
required under Commission Rule 210.50(b)(2), and determines that the 
``termination of this Investigation does not impose any undue burdens 
on the public health and welfare, competitive conditions in the United 
States economy, production of like or directly competitive articles in 
the United States, or United States consumers.'' Accordingly, the ID 
grants the motion. No petitions for review of the ID were filed.
    The Commission has determined not to review the ID. This 
investigation is terminated.

[[Page 5807]]

    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: February 5, 2018.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2018-02573 Filed 2-8-18; 8:45 am]
 BILLING CODE 7020-02-P