[Federal Register Volume 84, Number 129 (Friday, July 5, 2019)]
[Notices]
[Pages 32218-32220]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-14269]
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1107]
Certain LED Lighting Devices and Components Thereof; Commission
Determination To Review-in-Part an Initial Determination Granting
Complainant's Motion for Summary Determination on Violation by
Defaulting Respondents; and, on Review, To Find a Violation of Section
337; Request for Written Submissions on Remedy, Bonding, and the Public
Interest
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that the U.S. International Trade
Commission has determined to review-in-part an initial determination
(``ID'') (Order No. 21) of the presiding administrative law judge
(``ALJ'') granting summary determination on violation of section 337 of
the Tariff Act of 1930, as amended, (``section 337'') by certain
defaulting respondents. On review, the Commission has determined to
find a violation of section 337. The Commission is requesting written
submission on remedy, bonding, and the public interest.
FOR FURTHER INFORMATION CONTACT: Benjamin S. Richards, Esq., Office of
the General Counsel, U.S. International Trade Commission, 500 E Street
SW, Washington, DC 20436, telephone (202) 708-5453. 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 April 10, 2018, based on a complaint filed on behalf of Fraen
Corporation (``Fraen'') of Reading, Massachusetts. 83 FR 15399-15400
(Apr. 10, 2018). The complaint alleges violations of section 337 of the
Tariff Act of 1930, as amended, 19 U.S.C. 1337, in the importation into
the United States, the sale for importation, or the sale within the
United States after importation of certain LED lighting devices and
components thereof by reason of infringement of one or more claims of
U.S. Patent No. 9,411,083 (``the '083 patent'') and U.S. Patent No.
9,772,499 (``the '499 patent''). Id. The complaint further alleges that
a domestic industry exists. Id. The Commission's notice of
investigation named as respondents Chauvet & Sons, LLC of Sunrise,
Florida; ADJ Products, LLC of Los Angeles, California; Elation
Lighting, Inc. of Los Angeles, California; Golden Sea Professional
Equipment Co., Ltd. of Guangdong, China; Artfox USA, Inc. of City of
Industry, California; Artfox Electronics Co., Ltd. of Guangdong, China;
Guangzhou Chaiyi Light Co., Ltd. d/b/a Fine Art Lighting Co., Ltd. of
Guangdong, China; Guangzhou Xuanyi Lighting Co., Ltd. d/b/a XY E-Shine
of Guangdong, China; Guangzhou Flystar Lighting Technology Co., Ltd. of
Guangdong, China; and Wuxi Changsheng Special Lighting Apparatus
Factory d/b/a Roccer of Jiangsu, China. Id. The Office of Unfair Import
[[Page 32219]]
Investigations (``OUII'') is also participating in the investigation.
Id.
On June 13, 2018, the ALJ issued an initial determination
terminating Chauvet & Sons, LLC from the investigation on the basis of
a license agreement. Order No. 14 at 1 (June 13, 2018), unreviewed,
Notice (July 9, 2018).
On July 12, 2018, the ALJ issued an initial determination
terminating ADJ Products, LLC and Elation Lighting, Inc. from the
investigation on the basis of a license agreement. Order No. 17 at 1
(July 12, 2018), unreviewed, Notice (Aug. 8, 2018). In the same initial
determination, the ALJ terminated Golden Sea Professional Equipment
Co., Ltd. from the investigation based on the provisions of 19 CFR
210.21(a). Id.
On July 20, 2018, the ALJ issued an initial determination
terminating Artfox USA, Inc. from the investigation on the basis of a
license agreement. Order No. 18 at 1 (July 20, 2018), unreviewed,
Notice (Aug. 14, 2018). In the same initial determination, the ALJ
terminated Artfox Electronics Co., Ltd. from the investigation based on
the provision of 19 CFR 210.21(a). Id.
On August 28, 2018, the ALJ issued an initial determination finding
the remaining respondents in default for failure to respond to the
complaint, notice of investigation, and her order to show cause. Order
No. 20 at 2 (Aug. 28, 2018), unreviewed, Notice (Sep. 17, 2018).
On September 14, 2018, Fraen moved for summary determination of
violation of section 337 by the defaulting respondents. In addition,
Fraen requested a recommended determination for the Commission to issue
a general exclusion order and set a bond in the amount of 100 percent
of entered value. On September 28, 2018, OUII filed a response in
support of Fraen's motion and requested remedy.
On May 16, 2019, the ALJ issued the subject ID granting Fraen's
motion for summary determination of violation of section 337 by the
defaulting respondents. Specifically, the ALJ found, inter alia, that
Fraen established infringement of claim 1 of the '083 patent and claim
1 of the '499 patent; that Fraen established that the importation
requirement is satisfied as to each defaulting respondent and each
accused product; and that Fraen satisfied both the technical and
economic prongs of the domestic industry requirement. The ALJ's ID also
included her recommendation that the Commission issue a general
exclusion order and impose a 100 percent bond during the period of
presidential review.
No petitions for review were filed.
Having examined the record of this investigation, the Commission
has determined to review the ID in part. Specifically, the Commission
has determined to review the ID's findings that Fraen satisfies the
economic prong of the domestic industry requirement under section
337(a)(3)(A) and (C). On review, the Commission has determined to take
no position on those issues.
The Commission has further determined not to review the remainder
of the ID, including the ID's findings that Fraen has established
infringement of claim 1 of the '083 patent and claim 1 of the '499
patent; that Fraen established that the importation requirement is
satisfied as to each defaulting respondent and each accused product;
that Fraen satisfied the technical prong of the domestic industry
requirement; and that Fraen satisfied the economic prong of the
domestic industry requirement under section 337(a)(3)(B). Accordingly,
the Commission has determined to affirm with modifications the ID's
finding of violation of section 337.
In connection with the final disposition of this investigation, the
Commission may issue an order that could result in the exclusion of the
subject articles from entry into the United States. Accordingly, 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
(Dec. 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 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 July 15, 2019. Reply submissions must be
filed no later than the close of business on July 22, 2019. No further
submissions on these 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-1107'') 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
[[Page 32220]]
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.
---------------------------------------------------------------------------
\1\ All contract personnel will sign appropriate nondisclosure
agreements.
---------------------------------------------------------------------------
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: June 28, 2019.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2019-14269 Filed 7-3-19; 8:45 am]
BILLING CODE 7020-02-P?>