[Federal Register Volume 84, Number 166 (Tuesday, August 27, 2019)]
[Notices]
[Pages 44915-44916]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-18409]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1107]
Certain LED Lighting Devices and Components Thereof; Issuance of
a General Exclusion 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 LED lighting devices and components thereof. The
investigation is terminated.
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
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 (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
(``ID'') finding the remaining respondents--Fine Art, E-Shine, Flystar,
and Roccer (collectively, ``defaulting respondents'')--in default for
failure to respond to the complaint, notice of investigation, and her
order to show cause why they should not be found in default. Order No.
20 (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 at 100 percent. On September
26, 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 of 337(a)(1)(B)(i) 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 also included her recommendation that the Commission issue a
general exclusion order and impose a 100 percent bond during the
presidential review period. No petitions for review were filed.
On June 28, 2019, the Commission issued a Notice stating that the
Commission determined to review the ID in part and, on review, to take
no position on whether Fraen satisfied the domestic industry
requirement under subparagraphs (A) and (C) of section 337(a)(3). 84 FR
32218. The Commission's determination resulted in finding a violation
of section 337. Id. at 32219. The Notice also requested written
submissions on remedy, the public interest, and bonding. See id. at
32219-20.
On July 15, 2019, Fraen submitted a brief on remedy, the public
interest, and bonding, requesting that the Commission issue a GEO and
set a bond of 100 percent during the Presidential review period. Fraen
did not request a cease and desist order. On the same day, OUII also
submitted a brief on remedy, the public interest, and bonding,
supporting the ALJ's recommendation to issue a GEO and impose a bond of
100 percent. On July 22, 2019, both Fraen and OUII submitted replies to
the other's opening brief. No other submissions were filed in response
to the Notice.
[[Page 44916]]
The Commission finds that the statutory requirements for relief
under section 337(d)(2) are met with respect to the defaulting
respondents. See 19 U.S.C. 1337(d)(2). In addition, the Commission
finds that the public interest factors enumerated in section 337(d)(1)
do not preclude issuance of statutory relief. See id. 1337(d)(1).
The Commission has determined that the appropriate remedy in this
investigation is a GEO prohibiting the unlicensed entry of certain LED
lighting devices and components thereof that infringe claim 1 of the
'083 patent or claim 1 of the '499 patent. 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's order was delivered to the President and to 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 21, 2019.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2019-18409 Filed 8-26-19; 8:45 am]
BILLING CODE 7020-02-P