Certain Portable Battery Jump Starters and Components Thereof; Notice of Commission Determination to Institute a Rescission Proceeding; Rescind a Limited Exclusion Order; and Terminate the Rescission Proceeding
Notice is hereby given that the U.S. International Trade Commission ("Commission") has determined to institute a rescission proceeding and rescind the limited exclusion order ("...
Notice is hereby given that the U.S. International Trade Commission (“Commission”) has determined to institute a rescission proceeding and rescind the limited exclusion order (“LEO”) that was issued in the above-captioned investigation. The rescission proceeding is terminated.
FOR FURTHER INFORMATION CONTACT:
Edward S. Jou, Esq., Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone (202) 205-3316. Copies of non-confidential documents filed in connection with this investigation may be viewed on the Commission's electronic docket (EDIS) at
https://edis.usitc.gov.
For help accessing EDIS, please email
EDIS3Help@usitc.gov.
General information concerning the Commission may also be obtained by accessing its internet server at
https://www.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:
On August 29, 2022, the Commission issued an LEO in the above-captioned investigation based on a complaint filed on behalf of The NOCO Company of Glenwillow, Ohio (“Complainant”), alleging violations of section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337 (“section 337”), in the importation into the United States, the sale for importation, and the sale within the United States after importation of certain portable battery jump starters and components thereof by reason of infringement of U.S. Trademark Nos. 4,811,656 and 4,811,749 (collectively, the “Asserted Trademarks”). 87 FR 54260-61 (Sept. 2, 2022). The LEO was directed to respondents Zhejiang Quingyou Electronic Commerce Co., Ltd. of Hangzhou, China and Shenzhen Mediatek Tong Technology Co., Ltd. of Shenzhen, China.
The LEO included a requirement that Complainant make annual filings with
( printed page 49446)
the Commission stating whether it continued to use the Asserted Trademarks in commerce, but the Complainant has not made any such filings since the LEO issued.
On March 24, 2026, the Commission issued a notice requesting written submissions from the public, the parties to the investigation, and other interested parties, on whether the LEO should be modified or rescinded under 19 U.S.C. 1337(k) and 19 CFR 210.76, in whole or in part. 91 FR 14879-80 (Mar. 27, 2026). The Commission did not receive any submissions in response to this notice.
Based on the foregoing and the lack of any response to the Commission's notice, the Commission has determined to institute a rescission proceeding pursuant to Commission Rule 210.76, 19 CFR 210.76. In view of Complainant's failure to comply with the LEO's annual filing requirement to show continued use of the Asserted Trademarks, the Commission has determined that changed conditions of fact warrant rescission of the LEO under 19 U.S.C. 1337(k). Accordingly, the Commission has determined to rescind the LEO. The rescission proceeding is hereby terminated.
The Commission vote for this determination took place on July 31, 2026.
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).
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91 FR 49445
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“Certain Portable Battery Jump Starters and Components Thereof; Notice of Commission Determination to Institute a Rescission Proceeding; Rescind a Limited Exclusion Order; and Terminate the Rescission Proceeding,” thefederalregister.org (August 4, 2026), https://thefederalregister.org/documents/2026-15790/certain-portable-battery-jump-starters-and-components-thereof-notice-of-commission-determination-to-institute-a-rescissi.