Certain Percussive Massage Devices; Commission Determination Not to Review an Initial Determination Granting Motions To Intervene by Shenzhen Xinde Technology Co., Ltd. and Yongkang Aijiu Industrial & Trade Co., Ltd. in the Investigation

• Published date: 22 October 2020
• Citation: 85 FR 67372
• Record Number: 2020-23354
• Section: Notices
• Court: International Trade Commission

Federal Register, Volume 85 Issue 205 (Thursday, October 22, 2020)

[Federal Register Volume 85, Number 205 (Thursday, October 22, 2020)]
                [Notices]
                [Pages 67372-67373]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2020-23354]
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                INTERNATIONAL TRADE COMMISSION
                [Investigation No. 337-TA-1206]
                Certain Percussive Massage Devices; Commission Determination Not
                to Review an Initial Determination Granting Motions To Intervene by
                Shenzhen Xinde Technology Co., Ltd. and Yongkang Aijiu Industrial &
                Trade Co., Ltd. in 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 (``Commission'') has determined not to review an initial
                determination (``ID'') (Order No. 11) of the presiding administrative
                law judge (``ALJ''), granting unopposed motions to intervene by third
                parties Shenzhen Xinde Technology Co., Ltd. (``Xinde'') and Yongkang
                Aijiu Industrial & Trade
                [[Page 67373]]
                Co., Ltd. (``Aijiu'') in the above-identified investigation.
                FOR FURTHER INFORMATION CONTACT: Cathy Chen, Office of the General
                Counsel, U.S. International Trade Commission, 500 E Street SW,
                Washington, DC 20436, telephone 202-205-2392. 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
                [email protected]. 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: The Commission instituted this investigation
                on July 22, 2020, based on a complaint filed on behalf of Hyper Ice,
                Inc. (``Hyper Ice'') of Irvine, California. 85 FR 44322 (July 22,
                2020). The complaint, as supplemented, alleges violations of section
                337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, in the
                importation into the United States, the sale for importation, or the
                sale within the United States after importation of certain percussive
                massage devices by reason of infringement of certain claims of U.S.
                Patent No. 10,561,574; U.S. Design Patent No. D855,822; and U.S. Design
                Patent No. D886,317. The complaint further alleges that a domestic
                industry exists. The Commission's notice of investigation named
                nineteen respondents. The notice of investigation also named the Office
                of Unfair Import Investigations (``OUII'') as a party.
                 On September 17, 2020, third parties Xinde and Aijiu each moved to
                intervene as a respondent in the investigation because they have an
                interest in infringement issues as to the asserted patents. Xinde and
                Aijiu have certified that Complainant Hyper Ice and the Respondents
                that have appeared in the investigation do not oppose their motions. On
                September 24, 2020, OUII filed a response in support of the motions.
                 On September 25, 2020, the ALJ issued an ID granting the motions to
                intervene pursuant to Commission Rule 210.19, 19 CFR 210.19. See Order
                No. 11 at 4 (Sep. 25, 2020). The ID finds that the motions are timely;
                that Xinde and Aijiu have an interest in presenting evidence that their
                respective percussive massage devices do not infringe the asserted
                patents in view of Complainant Hyper Ice's request for a general
                exclusion order; and that the third parties' interests are not
                adequately represented by existing parties. Id. No petitions for review
                of the ID were filed.
                 The Commission has determined not to review the subject ID. Xinde
                and Aijiu are hereby intervenors in the investigation.
                 The Commission vote for this determination took place on October
                16, 2020.
                 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: October 16, 2020.
                Lisa Barton,
                Secretary to the Commission.
                [FR Doc. 2020-23354 Filed 10-21-20; 8:45 am]
                BILLING CODE 7020-02-P