Certain Electronic Candle Products and Components Thereof; Notice of Institution of Investigation
| Published date | 06 April 2020 |
| Citation | 85 FR 19158 |
| Record Number | 2020-07074 |
| Section | Notices |
| Court | International Trade Commission |
Federal Register, Volume 85 Issue 66 (Monday, April 6, 2020)
[Federal Register Volume 85, Number 66 (Monday, April 6, 2020)]
[Notices]
[Pages 19158-19159]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-07074]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1195]
Certain Electronic Candle Products and Components Thereof; Notice
of Institution of Investigation
AGENCY: U.S. International Trade Commission.
Action: Notice.
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SUMMARY: Notice is hereby given that a complaint was filed with the
U.S. International Trade Commission on March 2, 2020, under section 337
of the Tariff Act of 1930, as amended, on behalf of L&L Candle Company
LLC of Brea, California, and Sotera Tschetter, Inc. of St. Paul,
Minnesota. Supplements to the complaint were filed on March 18 and 20,
2020. 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 electronic candle products and components thereof by reason of
infringement of certain claims of United States Patent Nos. 8,550,660
(``the '660 patent''), 9,366,402 (``the '402 patent''), 9,512,971
(``the '971 patent''), 9,523,471 (``the '471 patent''), and 10,533,718
(``the '718 patent''). The complaint further alleges that an industry
in the United States exists as required by the applicable Federal
Statute.
The complainants request that the Commission institute an
investigation and, after the investigation, issue a general exclusion
order, or in the alternative a limited exclusion order, and cease and
desist orders.
ADDRESSES: The complaint, except for any confidential information
contained therein, may be viewed on the Commission's electronic docket
(EDIS) at https://edis.usitc.gov. For help accessing EDIS, please email
[email protected]. Hearing impaired individuals are advised that
information on this matter can be obtained by contacting the
Commission's TDD terminal on (202) 205-1810. Persons with mobility
impairments who will need special assistance in gaining access to the
Commission should contact the Office of the Secretary at (202) 205-
2000. General information concerning the Commission may also be
obtained by accessing its internet server at https://www.usitc.gov.
FOR FURTHER INFORMATION CONTACT: Pathenia M. Proctor, The Office of
Unfair Import Investigations, U.S. International Trade Commission,
telephone (202) 205-2560.
SUPPLEMENTARY INFORMATION:
Authority: The authority for institution of this investigation is
contained in section 337 of the Tariff Act of 1930, as amended, 19
U.S.C. 1337, and in section 210.10 of the Commission's Rules of
Practice and Procedure, 19 CFR 210.10 (2020).
Scope of Investigation: Having considered the complaint, the U.S.
International Trade Commission, on March 30, 2020, ordered that--
(1) Pursuant to subsection (b) of section 337 of the Tariff Act of
1930, as amended, an investigation be instituted to determine whether
there is a violation of subsection (a)(1)(B) of section 337 in the
importation into the United States, the sale for importation, or the
sale within the United States after importation of certain products
identified in paragraph (2) by reason of infringement of one or more of
claims 1-6, 10, 12-15, 17-19, and 28 of the '660 patent; claims 1-15 of
the '402 patent; claims 1-4, 6-12, 14-18, 20-25, 27, and 28 of the '971
patent; claims 1-7, 10-14, 17, 18, 22, 24, 25, 27, and 29
[[Page 19159]]
of the '471 patent; and claims 1-5, 7, 8, 10-12, 15, 17, 21, and 22 of
the `718 patent; and whether an industry in the United States exists as
required by subsection (a)(2) of section 337;
(2) Pursuant to section 210.10(b)(1) of the Commission's Rules of
Practice and Procedure, 19 CFR 210.10(b)(1), the plain language
description of the accused products or category of accused products,
which defines the scope of the investigation, is ``artificial candles
that simulate a flame effect using electronic components'';
(3) For the purpose of the investigation so instituted, the
following are hereby named as parties upon which this notice of
investigation shall be served:
(a) The complainants are:
L&L Candle Company LLC, 621 Lunar Avenue, Brea, CA 92821
Sotera Tschetter, Inc., 755 Prior Avenue N, St. Paul, MN 555104
(b) The respondents are the following entities alleged to be in
violation of section 337, and are the parties upon which the complaint
is to be served:
The Gerson Company, 1450 S Lone Elm Road, Olathe, KS 66061
Gerson International (H.K.) Ltd., (CR No. 0880157), Unit 1310, Harbour
Center, Tower 1, 1 Hok Cheung Street, Hung Hom, Kowloon, Hong Kong
Sterno Home Inc., 1 Burbidge Street, Suite 101, Coquitlam, BC V3K 7B2,
Canada
Ningbo Huamao International Trading Co., Ltd., (ID NO.
91330212058264439W), 17th Floor Heng Fu Building 1, No. 828 Fuming
Road, Jiangdong District, Ningbo City, Zhejiang Province 315041, China
Ningbo Yinzhou Langsheng Artware Co., Ltd., No. 3 Langsheng Road,
Yinzhou District, Ningbo City, Zhejiang Province 315158, China
Lifetime Brands, Inc., 1000 Stewart Avenue, Garden City, NY 11530
Scott Brothers Entertainment, Inc., 8022 S Rainbow Blvd., Suite 421,
Las Vegas, NV 89139
Nantong Ya Tai Candle Arts & Crafts Co., Ltd., 1835 South Del Mar
Avenue, #203, San Gabriel, CA 91776
NapaStyIe, Inc., 2650 Napa Valley Corporate Drive, Suite B, Napa, CA
94588
Veraflame International, Inc., 1383 8th Ave. W, Vancouver, BC V6H 3W4,
Canada
MerchSource, LLC, 7755 Irvine Center Drive, Irvine, CA 92618
Ningbo Mascube Import Export Company, (ID No. 913302067133149827), No.
58 Dagang Middle Road, Beilun District, Ningbo City, Zhejiang Province
315826, China
Decorware International Inc. dba Decorware Inc., 10220 4th Street,
Rancho Cucamonga, CA 91730
Shenzhen Goldenwell Smart Technology Co., Ltd., Room 56, 10F, West
Building 2, Saige Technology Industrial Park, Huaqiang North Road,
Futian District, Shenzhen City, Guangdong Province 518023, China
Shenzhen Ksperway Technology Co., Ltd., Room 58, 1-7R, 10F, Building 2,
Saige Technology Industrial Park, Huaqiang North Road, Futian District,
Shenzhen City, Guangdong Province 518023, China
Ningbo Shanhuang Electric Appliance Co., No. 115 Xinggongyi Road,
Xinxing Industrial Area, Ninghai County, Ningbo City, Zhejiang Province
315600, China
Yiwu Shengda Art Co., Ltd., (ID No. 913307827429106799), No. 16, Tianji
Road, Yinan Industrial Zone, Fotang Town, Yiwu City, Zhejiang Province
322002, China
Shenzhen Tongfang Optoelectronic Technology Co., Ltd., No. 1191
Guanguang Road, Longhua District, Shenzhen City, Guangdong Province
518110, China
TFL Candles, No. 1191 Guanguang Road, Longhua District, Shenzhen City,
Guangdong Province 518110, China
Guangdong Tongfang Lighting Co., Ltd., Unit 3312, 33/F, Shui On Center,
6-8 Harbour Road, Wan Chai, Hong Kong, Hong Kong
Tongfang Optoelectric Company, 388 Kwun Tong Road, 7F Standard
Chartered Tower, Kwun Tong, Hong Kong, Hong Kong
Virtual Candles Limited, Church Farm, Ulcombe, Maidstone, Kent ME17
IDN, United Kingdom
(c) The Office of Unfair Import Investigations, U.S. International
Trade Commission, 500 E Street SW, Suite 401, Washington, DC 20436; and
(4) For the investigation so instituted, the Chief Administrative
Law Judge, U.S. International Trade Commission, shall designate the
presiding Administrative Law Judge.
Responses to the complaint and the notice of investigation must be
submitted by the named respondents in accordance with section 210.13 of
the Commission's Rules of Practice and Procedure, 19 CFR 210.13.
Pursuant to 19 CFR 201.16(e) and 210.13(a), as amended in 85 FR 15798
(March 19, 2020), such responses will be considered by the Commission
if received not later than 20 days after the date of service by
complainants of the complaint and the notice of investigation.
Extensions of time for submitting responses to the complaint and the
notice of investigation will not be granted unless good cause therefor
is shown.
Failure of a respondent to file a timely response to each
allegation in the complaint and in this notice may be deemed to
constitute a waiver of the right to appear and contest the allegations
of the complaint and this notice, and to authorize the administrative
law judge and the Commission, without further notice to the respondent,
to find the facts to be as alleged in the complaint and this notice and
to enter an initial determination and a final determination containing
such findings, and may result in the issuance of an exclusion order or
a cease and desist order or both directed against the respondent.
By order of the Commission.
Issued: March 31, 2020.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2020-07074 Filed 4-3-20; 8:45 am]
BILLING CODE 7020-02-P
