Certain Full-Capture Arrow Rests and Components Thereof; Commission Determination Not To Review an Initial Determination Granting Complainant's Motion for Summary Determination of Violation of Section 337 by the Defaulting Respondents; Request for Written Submissions on Remedy, Bonding, and the Public Interest
| Published date | 08 May 2019 |
| Citation | 84 FR 20163 |
| Record Number | 2019-09396 |
| Section | Notices |
| Court | International Trade Commission |
Federal Register, Volume 84 Issue 89 (Wednesday, May 8, 2019)
[Federal Register Volume 84, Number 89 (Wednesday, May 8, 2019)]
[Notices]
[Pages 20163-20164]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-09396]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1117]
Certain Full-Capture Arrow Rests and Components Thereof;
Commission Determination Not To Review an Initial Determination
Granting Complainant's Motion for Summary Determination of Violation of
Section 337 by the Defaulting Respondents; 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
(``ID'') (Order No. 13) of the presiding administrative law judge
(``ALJ''), granting complainant's motion for summary determination of
violation of section 337 of the Tariff Act of 1930, by the defaulting
respondents. The Commission is requesting written submissions on
remedy, bonding, and the public interest.
FOR FURTHER INFORMATION CONTACT: Clint Gerdine, Esq., Office of the
General Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202) 708-2310. 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 June 11, 2018, based on a complaint filed on behalf of Bear Archery,
Inc. (``Bear Archery'') of Evansville, Indiana. 83 FR 27021-22 (June
11, 2018). The complaint 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 full-
capture arrow rests and components thereof by reason of infringement of
certain claims of U.S. Patent No. 6,978,775 (``the '775 patent''). The
Commission's notice of investigation named as respondents 2BULBS
Technology Co. Ltd. of Jiangsu, China; Ningbo Linkboy Outdoor Sports
Co., Ltd. of Zhejiang, China; Shenzhen Keepmyway Tech. Co., Ltd.,
Wenqing Zhang, Tingting Ye, and Tao Li, all of Guangdong, China;
Zhengzhou IRQ Outdoor Sports Co., Ltd. of Henan, China; and Sean Yuan
of Shandong, China. The Office of Unfair Import Investigations
(``OUII'') is also a party to the investigation. All respondents in the
investigation have been found in default. See Order No. 9 (Oct. 29,
2018), unreviewed by Comm'n Notice (Nov. 26, 2018).
On October 26, 2018, Bear Archery moved for summary determination
of violation of section 337 by the defaulting respondents and requested
a general exclusion order (``GEO''). On November 21, OUII filed a
response supporting the motion.
The ALJ issued the subject ID on March 19, 2019, granting the
motion for summary determination and finding a violation of section 337
for the '775 patent. Specifically, the ALJ found that Bear Archery
established infringement of claims 1-2 and 32 of the '775 patent with
respect to each defaulting respondent's accused product by substantial,
reliable, and probative evidence. The ALJ recommended that the
Commission issue a GEO if it finds a violation of section 337. No party
petitioned for review of the subject ID.
Having examined the record of this investigation, the Commission
has determined not to review the subject ID.
As noted above, all eight respondents were found in default.
Section 337(g) and Commission Rule 210.16(c) authorize the Commission
to issue relief against respondents found in default unless, after
considering the public interest, it finds that such relief should not
issue. Before the ALJ, Bear Archery sought a GEO under section
337(g)(2).
In connection with the final disposition of this investigation, the
Commission may issue an order that could result in the exclusion of the
subject articles from entry into the United States. 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 purposes
other than entry for
[[Page 20164]]
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, Comm'n Op. at 7-10 (December 1994).
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 orders 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, interested
government agencies, and any other interested parties are encouraged to
file written submissions on the issues of remedy, the public interest,
and bonding. Such submissions should address the recommended
determination by the ALJ on remedy and bonding.
Complainant and OUII are also requested to submit proposed remedial
orders for the Commission's consideration. Complainant is also
requested to state the date that the patent expires, the HTSUS numbers
under which the accused products are imported, and to supply the names
of known importers of the products at issue in this investigation. The
written submissions and proposed remedial orders must be filed no later
than close of business on [two weeks from the date of this notice],
2019. Reply submissions must be filed no later than the close of
business on [one week later], 2019. 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 eight
true paper copies to the Office of the Secretary 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-1117'') in a prominent place on the cover page and/or the
first page. (See Handbook on Filing Procedures, https://www.usitc.gov/documents/handbook_on_filing_procedures.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 unless the information
has already been granted such treatment during the proceedings. All
such requests should be directed to the Secretary of the Commission and
must include a full statement of the reasons why the Commission should
grant such treatment. See 19 CFR 210.6. Documents for which
confidential treatment by the Commission is sought will be treated
accordingly. A redacted non-confidential version of the document must
also be filed simultaneously with any confidential filing. 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: May 2, 2019.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2019-09396 Filed 5-7-19; 8:45 am]
BILLING CODE 7020-02-P
