[Federal Register Volume 84, Number 95 (Thursday, May 16, 2019)]
[Notices]
[Pages 22162-22164]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-10112]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1086]


Certain Mounting Apparatuses for Holding Portable Electronic 
Devices and Components Thereof; Notice of a Commission Determination 
Not To Review a Remand Initial Determination Finding a Violation of 
Section 337; Request for Written Submissions on Remedy, Bonding, and 
the Public Interest; and Extension of the Target Date for Completion 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

[[Page 22163]]

Commission has determined not to review a remand initial determination 
(``RID'') (Order No. 16) of the chief administrative law judge 
(``ALJ''), finding a violation of section 337 with respect to U.S. 
Patent No. 8,544,161 (``the '161 patent''). The Commission is 
requesting written submissions on remedy, bonding, and the public 
interest and has extended the target date for completion of the 
investigation to June 13, 2019.

FOR FURTHER INFORMATION CONTACT: Clint Gerdine, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone (202) 708-2310. 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 November 28, 2017, based on a complaint filed on behalf of National 
Products Inc. (``NPI'') of Seattle, Washington. 82 FR 56266-67. The 
complaint alleges violations of section 337 of the Tariff Act of 1930, 
as amended, 19 U.S.C. 1337, by reason of infringement of certain claims 
of the '161 patent, U.S. Patent Nos. D703,657; 8,186,636; D571,278 
(``the D'278 patent''); D574,204; and 9,568,148; and U.S. Trademark 
Registration No. 4,254,086. The Commission's notice of investigation 
named ten respondents, including Shenzhen Chengshuo Technology Co., 
Ltd., d/b/a WUPP (``WUPP'') of Zhejiang, China; Foshan City Qishi 
Sporting Goods, Technology Co., Ltd., Guangzhou Kean Products Co., 
Ltd., Gangzhou Kaicheng Metal Produce Co., Shenzhen Smilin Electronic 
Technology, Co., Ltd., and Shenzhen New Dream Intelligent Plastic, Co., 
Ltd., all of Guangdong, China; Chengdu MWUPP Technology Co., Ltd. of 
Sichuan Province, China; and Shenzhen Yingxue Technology Co., Ltd., d/
b/a Yingxue Tech. (``Yingxue Technology''), Shenzhen Shunsihang 
Technology Co., Ltd., d/b/a BlueFire (``BlueFire''), and Prolech 
Electronics Limited, all of Shenzhen, China. The Office of Unfair 
Import Investigations (``OUII'') is also a party to the investigation. 
All respondents in the investigation have been found in default, and 
the D'278 patent has been terminated from the investigation. See Comm'n 
Notice (June 5, 2018); Comm'n Notice (July 18, 2018).
    On November 28, 2018, the ALJ issued an ID granting in part NPI's 
motion (as supplemented on July 10, July 19, and September 14, 2018) 
for summary determination of violation of section 337 by the defaulting 
respondents and request for issuance of a general exclusion order 
(``GEO''). Regarding the '161 patent, NPI alleged induced and 
contributory infringement of claim 1 of this patent with respect to the 
accused WUPP X-Grip Mount. The ALJ found that NPI did not establish 
direct infringement of this claim by substantial, reliable, and 
probative evidence.
    On March 18, 2019, the Commission issued notice of its 
determination: (1) To review the ID's finding that direct infringement 
was not established with respect to claim 1 of the '161 patent; and (2) 
on review, to reverse this finding and remand to the ALJ the issue of 
whether NPI has established induced and contributory infringement of 
this claim. The Commission determined not to review the remainder of 
the ID.
    On April 16, 2019, the ALJ issued an RID finding a violation of 
section 337 with respect to claim 1 of the '161 patent. Specifically, 
the ALJ found that NPI has shown induced and contributory infringement 
of this claim by respondents WUPP and Yingxue Technology by 
substantial, reliable, and probative evidence. No party petitioned for 
review of the subject RID.
    Having reviewed the record, the Commission has determined not to 
review the RID and has extended the target date for completion of the 
investigation to June 13, 2019.
    As noted above, ten respondents have been found in default. Section 
337(g) and Commission Rule 210.16(c) authorize the Commission to issue 
relief against respondents found in default unless, after considering 
the public interest, it finds that such relief should not issue. In its 
motion for summary determination, NPI requested a GEO.
    In connection with the final disposition of this investigation, the 
Commission is interested in receiving written submissions that address 
the form of remedy, if any, that should be ordered. If a party seeks 
exclusion of an article from entry into the United States for purposes 
other than entry for consumption, the party should so indicate and 
provide information establishing that activities involving other types 
of entry either are adversely affecting it or likely to do so. For 
background, see Certain Devices for Connecting Computers via Telephone 
Lines, Inv. No. 337-TA-360, USITC Pub. No. 2843, Comm'n Op. at 7-10 
(December 1994).
    If the Commission contemplates some form of remedy, it must 
consider the effects of that remedy upon the public interest. The 
factors the Commission will consider include the effect that an 
exclusion order and/or cease and desist orders would have on (1) the 
public health and welfare, (2) competitive conditions in the U.S. 
economy, (3) U.S. production of articles that are like or directly 
competitive with those that are subject to investigation, and (4) U.S. 
consumers. The Commission is therefore interested in receiving written 
submissions that address the aforementioned public interest factors in 
the context of this investigation.
    If the Commission orders some form of remedy, the U.S. Trade 
Representative, as delegated by the President, has 60 days to approve 
or disapprove the Commission's action. See Presidential Memorandum of 
July 21, 2005, 70 FR 43251 (July 26, 2005). During this period, the 
subject articles would be entitled to enter the United States under 
bond, in an amount determined by the Commission and prescribed by the 
Secretary of the Treasury. The Commission is therefore interested in 
receiving submissions concerning the amount of the bond that should be 
imposed if a remedy is ordered.
    Written Submissions: Parties to the investigation, interested 
government agencies, and any other interested parties are encouraged to 
file written submissions on the issues of remedy, the public interest, 
and bonding. Such submissions should address the recommended 
determination by the ALJ on remedy and bonding.
    Complainant and OUII are also requested to submit proposed remedial 
orders for the Commission's consideration. Complainant is also 
requested to state the date that the asserted patents expire, the HTSUS 
numbers under which the accused products are imported, and to supply 
the names of known importers of the products at issue in this 
investigation. The written submissions and proposed remedial orders 
must be filed no later than close of business on May 17, 2019. Reply 
submissions must be filed no later than the close of business on May 
24, 2019. No further submissions on these

[[Page 22164]]

issues will be permitted unless otherwise ordered by the Commission.
    Persons filing written submissions must file the original document 
electronically on or before the deadlines stated above and submit eight 
true paper copies to the Office of the Secretary pursuant to Section 
210.4(f) of the Commission's Rules of Practice and Procedure (19 CFR 
210.4(f)). Submissions should refer to the investigation number (``Inv. 
No. 337-TA-1086'') in a prominent place on the cover page and/or the 
first page. (See Handbook on Filing Procedures, https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf). Persons with questions 
regarding filing should contact the Secretary at (202) 205-2000.
    Any person desiring to submit a document to the Commission in 
confidence must request confidential treatment unless the information 
has already been granted such treatment during the proceedings. All 
such requests should be directed to the Secretary of the Commission and 
must include a full statement of the reasons why the Commission should 
grant such treatment. See 19 CFR 210.6. Documents for which 
confidential treatment by the Commission is sought will be treated 
accordingly. A redacted non-confidential version of the document must 
also be filed simultaneously with any confidential filing. All 
information, including confidential business information and documents 
for which confidential treatment is properly sought, submitted to the 
Commission for purposes of this Investigation may be disclosed to and 
used: (i) By the Commission, its employees and Offices, and contract 
personnel (a) for developing or maintaining the records of this or a 
related proceeding, or (b) in internal investigations, audits, reviews, 
and evaluations relating to the programs, personnel, and operations of 
the Commission including under 5 U.S.C. Appendix 3; or (ii) by U.S. 
government employees and contract personnel,\1\ solely for 
cybersecurity purposes. All non-confidential written submissions will 
be available for public inspection at the Office of the Secretary and 
on EDIS.
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    \1\ All contract personnel will sign appropriate nondisclosure 
agreements.
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    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: May 10, 2019.
Katherine Hiner,
Acting Secretary to the Commission.
[FR Doc. 2019-10112 Filed 5-15-19; 8:45 am]
 BILLING CODE 7020-02-P