[Federal Register Volume 79, Number 236 (Tuesday, December 9, 2014)]
[Notices]
[Pages 73101-73102]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-28765]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-919]


Certain Archery Products and Related Marketing Materials; 
Issuance of a Limited Exclusion Order Against the Respondent Found in 
Default; Termination of the Investigation

AGENCY: United States International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has issued a limited exclusion order against certain archery 
products and related marketing materials of Ningbo Topoint Outdoor 
Sports Co., Ltd. (``Ningbo Topoint''). The investigation is terminated.

FOR FURTHER INFORMATION CONTACT: Robert Needham, Office of the General 
Counsel, U.S. International Trade Commission, 500 E Street SW., 
Washington, DC 20436, telephone (202) 708-5468. 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 (http://www.usitc.gov). The public record for this investigation may be viewed 
on the Commission's electronic docket (EDIS) at http://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 16, 2014, based on a complaint filed by Bear Archery, Inc. and 
SOP Services, Inc. (``Complainants''), 79 FR 34356. The complaint 
alleges 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 archery

[[Page 73102]]

products and related marketing materials by reason of infringement of 
certain claims of U.S. Patent No. RE38,096 (``the '096 patent''); U.S. 
Patent No. 6,978,775 (``the '775 patent''); U.S. Trademark Registration 
No. 2,501,255 (``the '255 mark''); and U.S. Trademark Registration No. 
3,312,392 (``the '392 mark''). Id. The complaint further alleges the 
existence of a domestic industry. Id. The Commission's notice of 
investigation named Ningbo Topoint as the only respondent, and 
indicated that the Office of Unfair Import Investigations is 
participating in this investigation. Id.
    On September 2, 2014, the ALJ ordered Ningbo Topoint to show cause 
why it should not be found in default. See Order No. 10. No response to 
Order No. 10 was filed. On September 16, 2014, the ALJ issued an 
initial determination finding Ningbo Topoint in default under 
Commission Rule 210.16(a)(1) (19 CFR 210.16(a)(1)). See Order No. 11. 
On October 16, 2014, the Commission determined not to review the 
initial determination.
    The Commission requested briefing from the parties and the public 
on the issues of remedy, the public interest, and bonding. The 
Commission received responsive submissions from Complainants and the 
Commission Investigative Attorney (``IA'') on October 30, 2014, and a 
reply submission from the IA on November 6, 2014. The submissions 
agreed that the appropriate remedy is the entry of a limited exclusion 
order against Ningbo Topoint, that the public interest factors do not 
weigh against granting such a limited exclusion order, and that bonding 
should be set at 100 percent of the entered value of the infringing 
products.
    The Commission finds that the statutory requirements of section 
337(g)(1) (19 U.S.C. 1337(g)(1)) and Commission Rule 210.16(a)(1) (19 
CFR 210.16(a)(1)) are met with respect to Ningbo Topoint. Accordingly, 
pursuant to section 337(g)(1) (19 U.S.C. 1337(g)(1)) and Commission 
Rule 210.16(c) (19 CFR 210.16(c)), the Commission presumes the facts 
alleged in the complaint to be true and finds that Ningbo Topoint is in 
violation of section 337.
    The Commission has determined that the appropriate form of relief 
in this investigation is a limited exclusion order prohibiting the 
unlicensed entry of archery products and related marketing materials 
that are manufactured abroad by or on behalf of, or imported by or on 
behalf of, Ningbo Topoint that infringe one or more of claims 1-3, 6-
12, and 15-38 of the '096 patent and claims 1-3, 16-22, 24-26, 29, 31, 
and 32 of the '775 patent, or infringe the '255 or '392 marks. The 
Commission has further determined that the public interest factors 
enumerated in section 337(g)(1) (19 U.S.C. 1337(g)(1)) do not preclude 
the issuance of the limited exclusion order. Finally, the Commission 
has determined that the bond for importation during the period of 
Presidential review shall be in the amount of 100 percent of the 
entered value of the imported subject articles of Ningbo Topoint. The 
Commission's order was delivered to the President and the United States 
Trade Representative on the day of its issuance.
    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.

    Dated: December 3, 2014.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2014-28765 Filed 12-8-14; 8:45 am]
BILLING CODE 7020-02-P