83 FR 8709 - Certain Mobile Device Holders and Components Thereof; Commission's Determination To Affirm a Domestic Industry Finding Under Modified Reasoning; Issuance of a General Exclusion Order; Issuance of Sixteen Cease and Desist Orders; Termination of the Investigation

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 83, Issue 40 (February 28, 2018)

Notice is hereby given that the U.S. International Trade Commission has determined to affirm under modified reasoning the ALJ's finding on the economic prong of the domestic industry. The Commission has also determined to issue a general exclusion order directed against infringing mobile device holders and components thereof, and has issued sixteen cease and desist orders against various defaulting respondents. The investigation is hereby terminated.

[Federal Register Volume 83, Number 40 (Wednesday, February 28, 2018)]
[Notices]
[Pages 8709-8710]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-04026]



[[Page 8709]]

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 INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1028]


Certain Mobile Device Holders and Components Thereof; 
Commission's Determination To Affirm a Domestic Industry Finding Under 
Modified Reasoning; Issuance of a General Exclusion Order; Issuance of 
Sixteen Cease and Desist Orders; 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 has determined to affirm under modified reasoning the ALJ's 
finding on the economic prong of the domestic industry. The Commission 
has also determined to issue a general exclusion order directed against 
infringing mobile device holders and components thereof, and has issued 
sixteen cease and desist orders against various defaulting respondents. 
The investigation is hereby terminated.

FOR FURTHER INFORMATION CONTACT: Amanda Pitcher Fisherow, Esq., Office 
of the General Counsel, U.S. International Trade Commission, 500 E 
Street SW, Washington, DC 20436, telephone (202) 205-2737. 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 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. 
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 November 14, 2016, based on a complaint and supplements, filed on 
behalf of Nite Ize, Inc. of Boulder, Colorado (``Nite Ize''). 81 FR 
79519-20 (Nov. 14, 2016). 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 mobile device holders and components 
thereof by reason of infringement of certain claims of U.S. Patent No. 
8,602,376 (``the '376 patent''), U.S. Patent No. 8,870,146 (``the '146 
patent''), U.S. Patent No. D734,746 (``the '746 patent''), and U.S. 
Patent No. D719,959 (``the '959 patent''). The complaint further 
alleges that an industry in the United States exists as required by 
subsection (a)(2) of section 337. The Commission's notice of 
investigation named the following respondents: REXS, LLC (``REXS LLC'') 
of Lewes, Delaware; Spinido, Inc. of Brighton, Colorado; Guangzhou 
Kuaguoyi E-commerce Co., Ltd. d/b/a Kagu Culture (``Kagu Culture'') of 
Baiyum, China; Sunpauto Co., Ltd. (``Sunpauto'') of Kowloon, Hong Kong; 
Shenzhen Topworld Technology Co. d/b/a IdeaPro (``IdeaPro'') of Hong 
Kong, Hong Kong; Ninghuaxian Wangfulong Chaojishichang Youxian Gongsi, 
Ltd., d/b/a EasybuyUS of Shanghai, China; Chang Lee d/b/a Frentaly of 
Duluth, Georgia; Trendbox USA LLC d/b/a Trendbox (``Trendbox'') of 
Scottsdale, Arizona; Tenswall d/b/a Shenzhen Tenswall International 
Trading Co. (``Tenswall'') of La Puente, California; Luo Jieqiong d/b/a 
Wekin (``Wekin'') of Chang Sha, China; Pecham d/b/a Baichen Technology 
Ltd. (``Pecham'') of Wan Chai, Hong Kong; Cyrift d/b/a Guangzhou Sunway 
E-Commerce LLC of Guangzhou, China; Rymemo d/b/a Global Box, LLC of 
Dunbar, Pennsylvania; Yuan I d/b/a Bestrix of Hubei, China; Zhongshan 
Feiyu Hardware Technology Co., Ltd d/b/a YouFo (``YouFo'') of ZhongShan 
City, China; and Shenzhen Youtai Trade Company Limited, d/b/a NoChoice; 
Luo, Qiben, d/b/a Lita International Shop of Nanshan; Shenzhen New 
Dream Technology Co., Ltd., d/b/a Newdreams (``Newdreams''); Shenznen 
Gold South Technology Co., Ltd. d/b/a Baidatong; Wang Zhi Gang d/b/a 
IceFox (``Icefox''); Dang Yuya d/b/a Sminiker; Lin Zhen Mei d/b/a Anson 
(``Anson''); Wu Xuying d/b/a Novoland (``Novoland''); Shenzhen New 
Dream Sailing Electronic Technology Co., Ltd. d/b/a MegaDream; Tontek 
d/b/a Shenzhen Hetongtai Electronics Co., Ltd. (``Tontek''); Scotabc d/
b/a ShenChuang Optoelectronics Technology Co., Ltd.(``Scotabc''); 
Zhiping Zhou d/b/a Runshion (``Runshion''); Huijukon d/b/a Shenzhen Hui 
Ju Kang Technology Co. Ltd.; Barsone d/b/a Shenzhen Senweite Electronic 
Commerce Ltd.; Oumeiou d/b/a Shenzhen Oumeiou Technology Co., Ltd. 
(``Oumeiou''); Grando d/b/a Shenzhen Dashentai Network Technology Co., 
Ltd.; Shenzhen Yingxue Technology Co., Ltd. (``Shenzhen Yingxue''); 
Shenzhen Longwang Technology Co., Ltd., d/b/a LWANG (``LWANG''); Hu 
Peng d/b/a AtomBud; and Wang Guoxiang d/b/a Minse (``Minse'') all of 
Shenzhen, China. The Office of Unfair Import Investigations (``OUII'') 
was named as a party to the investigation.
    Rymemo d/b/a Global Box, LLC and Chang Lee d/b/a Frentaly were 
terminated on the basis of a consent order. Commission Notice (March 
21, 2017); Commission Notice (May 15, 2017). Barsone d/b/a Shenzhen 
Senweite Electronic Commerce Ltd., Shenzhen Youtai Trade Company 
Limited, d/b/a NoChoice, Ninghuaxian Wangfulong Chaojishichang Youxian 
Gongsi, Ltd., d/b/a EasybuyUS, Shenzhen Gold South Technology Co., Ltd. 
d/b/a Baidatong, Cyrift d/b/a Guangzhou Sunway E-Commerce LLC, Hu Peng 
d/b/a AtomBud, Grando d/b/a Shenzhen Dashentai Network Technology Co., 
Ltd., Huijukon d/b/a Shenzhen Hui Ju Kang Technology Co. Ltd., Luo, 
Qiben, d/b/a Lita International Shop, Shenzhen New Dream Sailing 
Electronic Technology Co., Ltd. d/b/a MegaDream, Spinido Inc., Dang 
Yuya d/b/a Sminiker, and Yuan I d/b/a Bestrix were terminated because 
service could not be effected. Commission Notice (June 13, 2017). The 
remaining respondents were previously found in default (collectively, 
``the Defaulting Respondents''). Commission Notice (May 26, 2017). In 
addition, the '746 and '959 patents were previously terminated from the 
investigation. Commission Notice (July 28, 2017).
    On May 18, 2017, Nite Ize filed a Motion for Summary Determination 
of Violation by the Defaulting Respondents and for a Recommended 
Determination on Remedy and Bonding, Including Issuance of a General 
Exclusion Order, Limited Exclusion Orders (in the alternative), and 
Cease and Desist Orders. On June 16, 2017, the ALJ issued an initial 
determination (``ID'') (Order No. 14) granting in-part Nite Ize's 
motion for summary determination. The Commission determined not to 
review that ID. Commission Notice (July 14, 2017).
    On September 12, 2017, the ALJ issued his final initial 
determination (``FID'') finding a violation of section 337 of the 
Tariff Act of 1930, 19 U.S.C. 1337. On the same day, the ALJ issued his 
Recommended Determination on Remedy and Bonding. No petitions for 
review of the FID were filed.
    On November 13, 2017, the Commission determined to review the FID's 
findings on the economic prong of domestic industry and requested 
briefing on remedy, bonding, and the

[[Page 8710]]

public interest. 82 FR 54413-14 (Nov. 17, 2017). On November 30, 2017, 
Nite Ize and OUII filed their responses to the Commission's notice and 
on December 7, 2017, OUII filed a reply to Nite Ize's response.
    Having examined the record of this investigation, the Commission 
has determined to affirm, under modified reasoning, the ALJ's finding 
with respect to the economic prong of the domestic industry.
    The Commission has determined that the appropriate form of relief 
in this investigation is (a) a general exclusion order directed against 
products that infringe one or more of claims 1, 11, and 12 of the '376 
patent and claims 1, 11, and 12 of the '146 patent; and (b) cease and 
desist orders prohibiting Trendbox, Tenswall, REXS LLC, Minse, IdeaPro, 
LWANG, Novoland, Oumeiou, Pecham, Runshion, Scotabc, Tontek, Wekin, 
Anson, Newdreams, and IceFox from importing, selling, offering for 
sale, marketing, advertising, distributing, offering for sale, 
transferring (except for exportation), or soliciting U.S. agents or 
distributors of imported mobile device holders that infringe one or 
more of claims 1, 11, and 12 of the '376 patent and claims 1, 11, and 
12 of the '146 patent. The Commission has further determined that the 
public interest factors enumerated in section 337(d)(1) (19 U.S.C. 
1337(d)(1)) and in section 337(g)(1) (19 U.S.C. 1337(g)(l)) do not 
preclude the issuance of the general exclusion order and cease and 
desist orders, respectively. Finally, the Commission has determined 
that the bond for importation during the period of Presidential review 
shall be in the amount of 100 percent of the entered value of the 
imported subject articles of the respondents. The investigation is 
terminated.
    The Commission's orders and opinion were delivered to the President 
and the United States Trade Representative on the day of their 
issuance.
    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 22, 2018.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2018-04026 Filed 2-27-18; 8:45 am]
 BILLING CODE 7020-02-P