Certain Portable Battery Jump Starters and Components Thereof; Institution of Investigation

CourtInternational Trade Commission
Citation86 FR 15496
Publication Date23 Mar 2021
Record Number2021-05905
Federal Register, Volume 86 Issue 54 (Tuesday, March 23, 2021)
[Federal Register Volume 86, Number 54 (Tuesday, March 23, 2021)]
                [Notices]
                [Pages 15496-15498]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2021-05905]
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                INTERNATIONAL TRADE COMMISSION
                [Investigation No. 337-TA-1256]
                Certain Portable Battery Jump Starters and Components Thereof;
                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 January 19, 2021, under section
                337 of
                [[Page 15497]]
                the Tariff Act of 1930, as amended, on behalf of The NOCO Company of
                Glenwillow, Ohio. An amended complaint was filed on February 3, 2021,
                and supplements were filed on February 4, 5, 8, 22 and 23, and March 4,
                2021. The amended 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
                portable battery jump starters and components thereof by reason of
                infringement of certain claims of U.S. Patent No. 9,007,015 (``the '015
                patent''); U.S. Patent No. 10,604,024 (``the '024 patent''); and
                infringement of U.S. Trademark Registration No. 4,811,656 (``the '656
                mark''); and U.S. Trademark Registration No. 4,811,749 (``the '749
                mark''). The complaint further alleges that an industry in the United
                States exists as required by the applicable Federal Statute. The
                complainant requests that the Commission institute an investigation
                and, after the investigation, issue a general exclusion order, and
                cease and desist orders.
                ADDRESSES: The complaint, as amended, 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 17, 2021, ordered that--
                 (1) Pursuant to subsection (b) of section 337 of the Tariff Act of
                1930, as amended, an investigation be instituted to determine:
                 (a) 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, 4, 11, 14, 18, 19, and 21 of the '015
                patents and claims 1, 4-6, 16, 19, 23, 24, 26, 29, and 30 of the '024
                patent;
                 (b) whether there is a violation of subsection (a)(1)(C) 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 the '656 mark and the '749 mark; and whether an industry in the
                United States exists as required by subsection (a)(2) of section 337;
                 (c) the decision to institute shall not preclude the presiding
                Administrative Law Judge from severing the (a)(1)(B) and (a)(1)(C)
                allegations in the investigation pursuant to section 210.14(h) of the
                Commission's rules of Practice and Procedure, 19 CFR 210.14(h).
                 (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 ``portable, battery-
                powered devices that are used to jump-start batteries such as those in
                automobiles, trucks, and other vehicles, and related components, namely
                battery cables and clamps'';
                 (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 complainant is: The NOCO Company, 30339 Diamond Parkway
                #102, Glenwillow, OH 44139.
                 (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:
                Advance Auto Parts, Inc., 2635 East Millbrook Road, Raleigh, NC 27604
                Anker Technology (UK) Ltd., Suite B, Fairgate House, 205 Kings Road,
                Tyseley, Birmingham, United Kingdom B11 2AA
                Antigravity Batteries LLC, 15622 Broadway Center Street, Gardena, CA
                90248
                Arteck Electronic Co., Ltd., No. 1104-51, Tower B, Jinfengcheng
                Building, Shennan East Road, No. 501, Luohu, Shenzhen, Guangdong, China
                518100
                AutoZone, Inc., 123 South Front Street, Memphis, TN 38103
                Best Buy Co., Inc., 7601 Penn Avenue, South Richfield, MN 552423
                Best Parts, Inc., 123 South Front Street, Memphis, TN 38103
                Clore Automotive, LLC, 8735 Rosehill Suite 220, Lenexa, KS 66215
                Deltran USA, LLC, 801 International Speedway Blvd., DeLand, FL 32724
                Energen, Inc., 17008 Evergreen Place, Unit B, City of Industry, CA
                91745
                FlyLink Tech Co., Ltd., 8F, DongMing Building, Min Zhi Street, Bao'an
                District, Shenzhen, Guangdong, China 518131
                Gooloo Technologies LLC, Shenzhen Gooloo E-Commerce Co., Ltd., Room
                303, Bantian Business Center, Bantian Wuhe Road, Longgang District,
                Shenzhen, China 518000
                Great Neck Saw Manufacturers, Inc., 165 East 2nd Street, Mineola, New
                York 11501
                Guangdong Boltpower Energy Co., Ltd, 3-6 Floor KelunTe Building, No.
                5th Ganli Road, Longgang District, Shenzhen City, Guangdong, China
                518100
                Halo2Cloud, LLC, 6 Central Row, Hartford, CT 06103
                Horizon Tool, Inc., 7918 Industrial Village Road, Greensboro, NC 27409
                K-Tool International, 45255 Five Mile Road, Plymouth, MI 48170
                Lowe's Companies, Inc., 1000 Lowe's Blvd., Mooresville, NC 28117
                Matco Tools corporation, 4403 Allen Road, Stow, OH 44224
                MonoPrice, Inc., 1 Pointe Drive, 4th Floor, Brea, CA 92821
                National Automotive Parts Association, LLC (d/b/a NAPA), 2085 Marietta
                Blvd. Northwest, Atlanta, GA 30318
                Nekteck, Inc., 421 South Brookhurst Street, Suite 217, Anaheim,
                California 92804
                O'Reilly Automotive, Inc., 233 South Patterson Avenue, Springfield, MO
                65802
                Paris Corporation, 800 Highland Drive, Westampton, NJ 08060
                PowerMax Battery (U.S.A.), Inc., 1520 South Grove Avenue, Ontario, CA
                91761
                Prime Global Products, Inc., 2220 Airport Industrial Drive, Suite 100,
                Ball Ground, GA 30107
                QVC, Inc., 1200 Wilson Drive, West Chester, PA 19380
                Schumacher Power Technology Ltd., No. 30, Century Road, Binhai County,
                Yancheng, Jiangsu, China 224500
                Schumacher Electric Corp., 801 East Business Center Drive, Mount
                Prospect, IL 60056
                Shenzhen Carku Technology Co., Ltd., Building A, Qixing Creative
                Workshop (Dalang), Lianrun Road, Gaofeng Community, Dalang Street,
                Longhua New District, Shenzhen, China 518110
                [[Page 15498]]
                Shenzhen Dingjiang Technology Co., Ltd. LLLC, R701G, HuafengBao'anZhigu
                Innovation Park, Yintian 4th Road, Xixiang Street, Bao'an District,
                Shenzhen, China 518000
                Shenzhen Jieruijia Technology Co. Ltd., No. 8 Mu Dun Road, No. 1
                Industrial, Zone, Lou Cun Community, Gong Ming, Guang Ming District,
                China
                Shenzhen Mediatek Tong Technology Co., Ltd., Room 3A-E, Qianyu Tong
                Bldg., Qingji Rd., Longhua St., Longhua New Distrtict, Shenzhen, China
                518000
                Shenzhen Take Tools Co., Ltd., No. B714, Niulanqian Building, Minzhi
                Road, Longhua District, ShenzhenGuangdong, China 518000,
                Shenzhen Topdon Technology Co., Ltd., 5th Floor, Building 12, Taihua
                Wutong Island, Intersection of Shunchang Road and Hangkong Road,
                Xixiang Subdistrict, Baoan District, Guangdong, Shenzhen, China 518112
                Shenzhen Valuelink E-Commerce Co., Ltd., 2nd Two-way ChangJiangPu, Heao
                Community, HengGang Street Office, Longgang District, Shenzhen China
                518000
                Smartech Products, Inc., 8700 Larkin Road, Suite B, Savage, MD 20763
                ThiEYE Technologies Co., Ltd., Room 405, 4th Floor, Building B, Bantian
                International Center, Longgang District, China 518000
                Tii Trading Inc., 13200 Brooks Drive Suite F, Baldwin Park, CA 91707,
                Walmart Inc., 702 SW 8th Street, Bentonville, AR 72716
                Winplus North America, Inc., 2975 Red Hill Ave, Suite 100, Costa Mesa,
                CA 92626
                Zagg Co. Rrd Gst, 381 Airtech Parkway, Plainfield, IN 46168
                Zhejiang Quingyou Electronic Commerce Co., Ltd., Room 266-270, Building
                7, No. 253, Tinglan Street, Qiaosi Street, Yuhang District, Hangzhou,
                Zhejiang, China 311100
                70mai Co., Ltd., Room 2220, Building 2, No. 588, Zixing Road, Minhang
                District, Shanghai, China 201100
                 (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 the
                complainant 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 17, 2021.
                Lisa Barton,
                Secretary to the Commission.
                [FR Doc. 2021-05905 Filed 3-22-21; 8:45 am]
                BILLING CODE 7020-02-P