[Federal Register Volume 82, Number 153 (Thursday, August 10, 2017)]
[Notices]
[Page 37465]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-16842]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1048]


Certain Intravascular Administration Sets and Components Thereof; 
Issuance of a Limited Exclusion Order Against the Respondent Found in 
Default; Termination of 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 has issued a limited exclusion order against certain 
intravascular administration sets and components thereof of Yangzhou 
WeiDeLi Trade Co., Ltd. The investigation is terminated.

FOR FURTHER INFORMATION CONTACT: Michael Liberman, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street SW., 
Washington, DC 20436, telephone (202) 205-3115. 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 
under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337 
(``section 337''), on April 12, 2017, based on a complaint filed by 
Curlin Medical Inc. of East Aurora, New York; ZEVEX, Inc. of Salt Lake 
City, Utah; and Moog Inc. of East Aurora, New York (collectively, 
``Complainants'') (82 FR 17690, April 12, 2017). The complaint alleges 
a violation of section 337 by reason of infringement of certain claims 
of U.S. Patent Nos. 6,164,921 (``the '921 patent'') and 6,371,732 
(``the '732 patent''). The complaint named Yangzhou WeiDeLi Trade Co., 
Ltd. of Yangzhou, China (``Yangzhou'' or ``Respondent'') as the only 
respondent in this investigation. The Commission's Office of Unfair 
Import Investigations was named as a party.
    On May 23, 2017, the ALJ ordered Yangzhou to show cause why it 
should not be found in default. See Order No. 5. No response to Order 
No. 5 was filed. On June 13, 2017, the ALJ issued an initial 
determination finding Yangzhou in default under Commission Rule 
210.16(a)(1) (19 CFR 210.16(a)(l)). See Order No. 6.
    The Commission requested briefing from the parties and the public 
on the issues of remedy, the public interest, and bonding. The 
Commission received timely responsive and reply submissions from 
Complainants and the Commission Investigative Attorney. The submissions 
agreed that the appropriate remedy is the entry of a limited exclusion 
order (``LEO'') against Yangzhou, that the public interest factors do 
not weigh against granting such a remedy, and that bonding should be 
set at 100 percent of the entered value of the infringing products.
    The Commission has determined that the appropriate form of relief 
in this investigation is a LEO prohibiting the unlicensed entry of 
intravascular administration sets and components thereof that are 
covered by one or more of claims 1-3 of the '732 patent and claims 1-34 
of the '921 patent and that are manufactured abroad by or on behalf of, 
or imported by or on behalf of, Respondent Yangzhou. The Commission has 
further determined that the public interest factors enumerated in 
section 337(g)(l) (19 U.S.C. 1337(g)(l)) do not preclude the issuance 
of the LEO. 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 Respondent Yangzhou. 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.

    Issued: August 4, 2017.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2017-16842 Filed 8-9-17; 8:45 am]
BILLING CODE 7020-02-P