[Federal Register Volume 84, Number 71 (Friday, April 12, 2019)]
[Notices]
[Pages 14971-14972]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-07254]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1074]
Certain Industrial Automation Systems and Components Thereof
Including Control Systems, Controllers, Visualization Hardware, Motion
and Motor Control Systems, Networking Equipment, Safety Devices, and
Power Supplies; Issuance of a General Exclusion Order and a Cease and
Desist Order; 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 general exclusion order (``GEO'') denying entry
of certain industrial automation systems and components thereof
including control systems, controllers, visualization hardware, motion
and motor control systems, networking equipment, safety devices, and
power supplies that infringe complainant's asserted trademarks. The
Commission has also issued a cease and desist order (``CDO'') directed
to respondent Fractioni (Hongkong) Ltd. (``Fractioni''). The
investigation is terminated.
FOR FURTHER INFORMATION CONTACT: Houda Morad, Office of the General
Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202) 708-4716. 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
on October 16, 2017, based on a complaint filed by Complainant Rockwell
Automation, Inc. of Milwaukee, Wisconsin (``Complainant'' or
``Rockwell''). See 82 FR 48113-15 (Oct. 16, 2017). The complaint, as
[[Page 14972]]
supplemented, alleges violations of section 337 based on the
infringement of certain registered trademarks and copyrights and on
unfair methods of competition and unfair acts in the importation or
sale of certain industrial automation systems and components thereof
including control systems, controllers, visualization hardware, motion
and motor control systems, networking equipment, safety devices, and
power supplies, the threat or effect of which is to destroy or
substantially injure an industry in the United States. See id. The
notice of investigation identifies fifteen respondents: Can Electric
Limited of Guangzhou, China (``Can Electric''); Capnil (HK) Company
Limited of Hong Kong (``Capnil''); Fractioni of Shanghai, China; Fujian
Dahong Trade Co. of Fujian, China (``Dahong''); GreySolution Limited d/
b/a Fibica of Hong Kong (``GreySolution''); Huang Wei Feng d/b/a A-O-M
Industry of Shenzhen, China (``Huang''); KBS Electronics Suzhou Co,
Ltd. of Shanghai, China (``KBS''); PLC-VIP Shop d/b/a VIP Tech Limited
of Hong Kong (``PLC-VIP''); Radwell International, Inc. d/b/a PLC
Center of Willingboro, New Jersey (``Radwell''); Shanghai EuoSource
Electronic Co., Ltd of Shanghai, China (``EuoSource''); ShenZhen T-Tide
Trading co., Ltd. of Shenzhen, China (``T-Tide''); SoBuy Commercial
(HK) Co. Limited of Hong Kong (``SoBuy''); Suzhou Yi Micro Optical Co.,
Ltd., d/b/a Suzhou Yiwei Guangxue Youxiangongsi, d/b/a Easy Microoptics
Co. LTD. of Jiangsu, China (``Suzhou''); Wenzhou Sparker Group Co.
Ltd., d/b/a Sparker Instruments of Wenzhou, China (``Sparker''); and
Yaspro Electronics (Shanghai) Co., Ltd. of Shanghai, China
(``Yaspro''). See id. The Office of Unfair Import Investigations
(``OUII'') is also a party in this investigation. See id.
Nine respondents were found in default, namely, Fractioni,
GreySolution, KBS, EuoSource, T-Tide, SoBuy, Suzhou, Yaspro and Can
Electric (collectively, ``the Defaulted Respondents''). See Order No.
17 (Feb. 1, 2018), unreviewed, Comm'n Notice (Feb. 26, 2018); Order No.
32 (June 28, 2018), unreviewed, Comm'n Notice (July 24, 2018). In
addition, five unserved respondents (Capnil, Dahong, Huang, PLC-VIP,
and Sparker) were terminated from the investigation and one respondent
(Radwell) was terminated based on the entry of a consent order. See
Order No. 41 (July 17, 2018), unreviewed, Comm'n Notice (Aug. 13,
2018); Order No. 42 (July 20, 2018), unreviewed, Comm'n Notice (Aug.
15, 2018).
On October 23, 2018, the ALJ issued a final initial determination
(``FID'') finding a violation of section 337 by the Defaulted
Respondents based on the infringement of Complainant's asserted
trademarks, namely, U.S. Trademark Reg. Nos. 1172995, 696401, 693780,
1172994, 712800, 712836, 2510226, 2671196, 2701786, and 2412742. The
ALJ also recommended that the Commission: (1) Issue a GEO; (2) issue a
CDO against defaulted respondent Fractioni; and (3) set a bond at 100%
of the entered value of the infringing products during the period of
Presidential review. No petitions for review of the subject FID were
filed.
On December 20, 2018, the Commission issued a notice determining
not to review the FID. See 83 FR 67346-48 (Dec. 28, 2018). The
Commission's determination resulted in a finding of a section 337
violation. See id. The Commission's notice also requested written
submissions on remedy, the public interest, and bonding. On February
15, 2019, Complainant and OUII submitted written submissions and on
February 22, 2019, OUII submitted a reply submission in response to the
Commission's notice.
As explained in the Commission's Opinion issued concurrently
herewith, the Commission has determined that the appropriate remedy in
this investigation is: (1) A GEO prohibiting the unlicensed entry of
certain industrial automation systems and components thereof including
control systems, controllers, visualization hardware, motion and motor
control systems, networking equipment, safety devices, and power
supplies that infringe Complainant's asserted trademarks, pursuant to
19 U.S.C. 1337(d)(2), and (2) a CDO directed to defaulted respondent
Fractioni, pursuant to 19 U.S.C. 1337(f)(1). The Commission has also
determined that the bond during the period of Presidential review
pursuant to 19 U.S.C. 1337(j) shall be in the amount of 100 percent of
the entered value of the imported articles that are subject to the GEO.
The Commission has further determined that the public interest factors
enumerated in subsections 337(d)(1) and (f)(1) (19 U.S.C. 1337(d)(1),
(f)(1)) do not preclude the issuance of the GEO and CDO.
Commissioner Schmidtlein disagrees with the Commission's decision
not to issue cease and desist orders against all of the defaulting
respondents under section 337(g)(1), and her views have been filed on
EDIS.
The Commission's opinion and orders were delivered to the President
and to the United States Trade Representative on the day of 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: April 8, 2019.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2019-07254 Filed 4-11-19; 8:45 am]
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