[Federal Register Volume 83, Number 146 (Monday, July 30, 2018)]
[Notices]
[Pages 36621-36622]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-16126]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1125]


Certain Height-Adjustable Desk Platforms 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 June 22, 2018, under section 337 
of the Tariff Act of 1930, as amended, on behalf of Varidesk LLC of 
Coppell, Texas. On July 3, 12, and 20, 2018, Varidesk filed letters 
supplementing the complaint. 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 height-adjustable desk platforms and components 
thereof by reason of infringement of certain claims of U.S. Patent No. 
9,113,703 (``the '703 patent''); U.S. Patent No. 9,277,809 (``the '809 
patent''); U.S. Patent No. 9,554,644 (``the '644 patent''); and U.S. 
Patent No. 9,924,793 (``the '793 patent''). 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 a cease and desist order.

ADDRESSES: The complaint, except for any confidential information 
contained therein, is 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, Room 112, Washington, 
DC 20436, telephone (202) 205-2000. 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. The 
public record for this investigation may be viewed on the Commission's 
electronic docket (EDIS) at https://edis.usitc.gov.

FOR FURTHER INFORMATION CONTACT: Pathenia Proctor, 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 (2018).
    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on July 23, 2018, ordered that--
    (1) Pursuant to subsection (b) of section 337 of the Tariff Act of 
1930, as amended, an investigation be instituted to determine 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 products identified 
in paragraph (2) by reason of infringement of one or more of claims 1-4 
and 6-11 of the '703 patent; claims 1-3, 5-18, and 22-28 of the '809 
patent; claims 1-15, 19, 21-23, 25-26, and 28-36 of the '644 patent; 
and claims 1-11 and 20-50 of the '793 patent; and whether an industry 
in the United States exists as required by subsection (a)(2) of section 
337;
    (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 ``a desk platform that 
sits on an existing desk or work surface and can be adjusted to 
different heights'';
    (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: Varidesk LLC, 1221 South Belt Line Road, 
#500, Coppell, Texas 75019.
    (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:

Albeit LLC, 1351 Broadway Street, San Francisco, CA 94109
ATC Supply LLC, 12604 Canterbury Drive, Plainfield, IL 60585-3000
Shenzhen Atc Network Scienology CO., LTD., Room 1902, Zian Business 
Building, The Xinan Second Road, Baoan District, Shenzhen, 518000 
Guangdong, China
Best Choice Products, 5642 East Ontario Mills Parkway, Ontario, CA 
91764
Huizhou Chang He Home Supplies Co., Ltd., Building 2, Tangquan Qiaoxing 
Tech Ind. Zone, Xiaojinkou Town, Huizhou, 516023 Guangdong, China
Dakota Trading, Inc., 85 Kinderkamack Road, Emerson, NJ 07630
Designa Inc., San Zhou Lang Industrial Park, Airport Road, Nanhai 
District, Foshan City, 528237 Guangdong, China
Designa Group, Inc., 4901 Moreau Court, El Dorado Hills, CA 95762
Eureka LLC, 4901 Moreau Court, El Dorado Hills, CA 95762
LaMountain International Group LLC, 9125 Santorini Drive, Elk Grove, CA 
95758
Amazon Import Inc., 9910 Baldwin Place, El Monte, CA 91731
Hangzhou Grandix Electronics Co., Ltd., Room 1-1804, New Youth Plaza, 
No. 8 Jiashan Road, Gongshu District, Hangzhou, 310014 Zhejiang, China
Ningbo GYL International Trading Co., Ltd., 228 Mingbin Road, Luoto 
Area, Zhenhai, Ningbo, 315202 Zhejiang, China
Knape & Vogt Manufacturing Co., 2700 Oak Industrial Drive NE, Grand 
Rapids, MI 49505

[[Page 36622]]

JV Products Inc., 1825 Houret Court, Milpitas, CA 95035
Vanson Distributing, Inc., 1825 Houret Court, Milpitas, CA 95035
Vanson Group, Inc., 1825 Houret Court, Milpitas, CA 95035
S.P. Richards Co. DBA Lorell, 6300 Highlands Parkway SE, Smyrna, GA 
30082
Nantong Jon Ergonomic Office Co., Ltd., Building D, Jingyangshumacheng 
Chongchuan District, Nantong, 226001 Jiangsu, China
Jiangsu Omni Industrial Co., Ltd., No. 9, Yinbai Road, Hanjiang 
Economic Development Zone, Yangzhou City, 2251217 Jiangsu, China
OmniMax USA, LLC, 7711 County Road 513, Anna, TX 75409
Haining Orizeal Import and Export Co., Ltd., 4th Floor, Building B, 
Jinhui Plaza, No. 486 South Hai Chang Road, Haining, 314400 Zhejiang, 
China
Qidong Vision Mounts Manufacturing Co., Ltd., No. 899 Lingfeng Road, 
HaiHong Industry Park, Qidong, 226220 Jiangsu, China
Hangzhou KeXiang Keji Youxiangongsi, 1174 Binhe Lu, Changhe Jiedao 
Binjiang Qu, 310052 Hangzhou, China
Smugdesk, LLC, 14839 Proctor Avenue, Suite D, La Puente, CA 91746
Venditio Group, LLC, 4030 Deerpark Boulevard, Suite 200, Elkton, FL 
32033
Versa Products Inc., 14105 Avalon Boulevard, Los Angeles, CA 90061
Victor Technology, LLC, 100 East Crossroads Parkway, Suite C, 
Bolingbrook, IL 60440
CKnapp Sales, Inc. DBA Vivo, 195 East Martin Drive, Goodfield, IL 61742
Wuhu Xingdian Industrial Co., Ltd., No. 168 Xici 5th Road, Mechanical 
Industrial Zone, Wuhu, 241100 Anhui, China
Wuppessen, Inc., 1730 East Cedar Street, Ontario, CA 91761

    (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 respondent 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), such responses will be 
considered by the Commission if received not later than 20 days after 
the date of service by the Commission 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 the 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: July 24, 2018.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2018-16126 Filed 7-27-18; 8:45 am]
 BILLING CODE 7020-02-P