[Federal Register Volume 84, Number 213 (Monday, November 4, 2019)]
[Notices]
[Pages 59416-59418]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-23988]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1125]


Certain Height-Adjustable Desk Platforms and Components Thereof; 
Commission Determination Not To Review an Initial Determination 
Granting in Part a Motion for Summary Determination; Schedule for 
Filing Written Submissions on Remedy, the Public Interest, and Bonding

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission (``Commission'') has determined not to review the presiding 
administrative law judge's (``ALJ'') initial determination (``ID'') 
(Order No. 33) granting in part a summary determination on violation of 
section 337 by certain non-participating respondents in the above-
captioned investigation. The Commission is requesting briefing from the 
parties, interested government agencies, and interested persons on the 
issues of remedy, the public interest, and bonding.

FOR FURTHER INFORMATION CONTACT: Ronald A. Traud, Office of the General 
Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone (202) 205-3427. 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 (https://www.usitc.gov). The public record for this investigation may be viewed 
on the Commission's Electronic Docket Information System (``EDIS'') 
(https://edis.usitc.gov). Hearing-impaired persons are advised that 
information on this matter can be obtained by contacting the 
Commission's TDD terminal, telephone (202) 205-1810.

SUPPLEMENTARY INFORMATION: On July 30, 2018, the Commission instituted 
this investigation based on a complaint and supplements thereto filed 
on behalf of Varidesk LLC of Coppell, Texas (``Varidesk''). 83 FR 36621 
(July 30, 2018). The complaint alleges violations of section 337 of the 
Tariff Act of 1930, as amended, 19 U.S.C. 1337, 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 one or more claims of U.S. Patent Nos. 9,113,703 (``the 
'703 patent''); 9,277,809 (``the '809 patent''); 9,554,644 (``the '644 
patent''); and 9,924,793 (``the '793 patent''). Id. The complaint 
further alleges that an industry in the United States exists as 
required by section 337. Id.
    The Commission's notice of investigation named thirty-one 
respondents: (1) Albeit LLC of San Francisco, California (``Albeit''); 
(2) ATC Supply LLC of Plainfield, Illinois (``ATC Supply''); (3) 
Shenzhen Atc Network Scienology CO., LTD. of Guangdong, China 
(``Shenzhen ATC''); (4) Best Choice Products of Ontario, California 
(``Best Choice''); (5) Huizhou Chang He Home Supplies Co., Ltd. of 
Guangdong, China (``Chang He''); (6) Dakota Trading, Inc. of Emerson, 
New Jersey (``Dakota''); (7) Designa Inc. of Guangdong, China 
(``Designa''); (8) Designa Group, Inc. of El Dorado Hills, California 
(``Designa Group''); (9) Eureka LLC of El Dorado Hills, California 
(``Eureka''); (10) LaMountain International Group LLC of Elk Grove, 
California (``LaMountain''); (11) Amazon Import Inc. of El Monte, 
California (``Amazon Imports''); (12) Hangzhou Grandix Electronics Co., 
Ltd. of Zhejiang, China (``Grandix''); (13) Ningbo GYL International 
Trading Co., Ltd. of Zhejiang, China (``Ningbo GYL''); (14) Knape & 
Vogt Manufacturing Co. of Grand Rapids, Michigan (``Knape & Vogt''); 
(15) JV Products Inc. of Milpitas, California (``JV Products''); (16) 
Vanson Distributing, Inc. of Milpitas, California (``Vanson 
Distributing''); (17) Vanson Group, Inc. of Milpitas, California 
(``Vanson Group''); (18) S.P. Richards Co. DBA Lorell of Smyrna, 
Georgia (``Lorell''); (19) Nantong Jon Ergonomic Office Co., Ltd. of 
Jiangsu, China (``Nanotong Jon''); (20) Jiangsu Omni Industrial Co., 
Ltd. of Jiangsu, China (``Jiangsu Omni''); (21) OmniMax USA, LLC of 
Anna, Texas (``OmniMax USA''); (22) Haining Orizeal Import and Export 
Co., Ltd. of Zhejiang, China (``Haining Orizeal''); (23) Qidong Vision 
Mounts Manufacturing Co., Ltd. of Jiangsu, China (``Vision Mounts''); 
(24) Hangzhou KeXiang Keji Youxiangongsi of Hangzhou, China (``Hangzhou 
KeXiang''); (25) Smugdesk, LLC of La Puente, California (``Smugdesk''); 
(26) Venditio Group, LLC of Elkton, Florida (``Venditio''); (27) Versa 
Products Inc. of Los Angeles, California (``Versa''); (28) Victor 
Technology, LLC of Bolingbrook, Illinois (``Victor''); (29) CKnapp 
Sales, Inc. DBA Vivo of Goodfield, Illinois (``Vivo''); (30) Wuhu 
Xingdian Industrial Co., Ltd. of Anhui, China (``Wuhu Xingdian''); and 
(31) Wuppessen, Inc. of Ontario, California (``Wuppessen''). Id. The 
Office of Unfair Import Investigations (``OUII'') was also named as a 
party in this investigation. Id.
    During the course of the investigation, Varidesk settled with the 
following respondents: Venditio, Jiangsu Omni, OmniMax USA, Knape & 
Vogt, Wuppessen, Victor, Versa, Designa, Designa Group, Eureka, Chang 
He, Vision Mounts, Vivo, Nanotong Jon, Best Choice, Grandix, Hangzhou 
KeXiang, Lorell, and Dakota. Order No. 7, unreviewed, Notice (Sept. 18, 
2018); Order No. 11, unreviewed, Notice (Sept. 25, 2018); Order No. 12, 
unreviewed, Notice (Oct. 4, 2018); Order No. 13,

[[Page 59417]]

unreviewed, Notice (Oct. 4, 2018); Order No. 16, unreviewed, Notice 
(Nov. 9, 2018); Order No. 18, unreviewed, Notice (Nov. 29, 2018); Order 
No. 20, unreviewed, Notice (Feb. 21, 2019); Order No. 23, unreviewed, 
Notice (Mar. 12, 2019); Order No. 25, unreviewed, Notice (Apr. 5, 
2019); Order No. 31, unreviewed, Notice (May 16, 2019). In addition, 
the investigation terminated as to LaMountain based on a consent order 
stipulation. Order No. 15, unreviewed, Notice (Oct. 22, 2018). The 
investigation has also previously terminated as to certain claims of 
each asserted patent. Order No. 30, unreviewed, Notice (May 13, 2019).
    On April 11, 2019, Varidesk moved for summary determination of a 
violation of section 337 as to the remaining eleven respondents, who 
were served with a copy of the complaint, but have not filed a response 
or participated in the investigation. On April 24, 2019, Varidesk filed 
a supplement to the motion. The remaining respondents (collectively, 
``the Non-Participating Respondents'') are (1) Albeit, (2) ATC Supply, 
(3) Shenzhen ATC, (4) Amazon Imports, (5) Ningbo GYL, (6) JV Products, 
(7) Vanson Distributing, (8) Vanson Group, (9) Haining Orizeal, (10) 
Smugdesk, and (11) Wuhu Xingdian. On April 26, 2019, OUII filed a 
response supporting Varidesk's motion in substantial part.
    On September 13, 2019, the ALJ issued Order No. 33, the subject ID, 
and his Recommended Determination (``RD'') on remedy and bonding. The 
ID grants the motion in part. Specifically, the ALJ found, inter alia, 
(1) that Varidesk established the importation requirement as to each 
Non-Participating Respondent, except for Haining Orizeal; (2) that 
Varidesk established infringement as to all accused products and all 
remaining asserted claims (claims 1-2, 4, and 10-11 of the '703 patent; 
claims 11, 16, 18, and 22-26 of the '809 patent; claims 1, 4-5, 11-12, 
26, and 33-36 of the '644 patent; and claims 20-21 and 40-50 of the 
'793 patent); and (3) that Varidesk satisfied the domestic industry 
requirement for each asserted patents. In addition, the ALJ recommended 
that the Commission issue a general exclusion order and impose a 100 
percent bond during the period of Presidential review. The ALJ also 
recommended the Commission not issue cease and desist orders directed 
to the Non-Participating Respondents.
    Having examined the record in this investigation, including the ID, 
the Commission has determined not to review the ID. Thus, the 
Commission has determined that there is a violation of section 337 as 
to Albeit, ATC Supply, Shenzhen ATC, Amazon Imports, Ningbo GYL, JV 
Products, Vanson Distributing, Vanson Group, Smugdesk, and Wuhu 
Xingdian, but not as to Haining Orizeal.
    In connection with the final disposition of this investigation, the 
Commission may (1) issue an order that could result in the exclusion of 
the subject articles from entry into the United States, and/or (2) 
issue a cease and desist order that could result in the respondent 
being required to cease and desist from engaging in unfair acts in the 
importation and sale of such articles. 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 (December 
1994). In addition, if a party seeks issuance of any cease and desist 
orders, the written submissions should address that request in the 
context of recent Commission opinions, including those in Certain 
Arrowheads with Deploying Blades and Components Thereof and Packaging 
Therefor, Inv. No. 337-TA-977, Comm'n Op. (Apr. 28, 2017) and Certain 
Electric Skin Care Devices, Brushes and Chargers Therefor, and Kits 
Containing the Same, Inv. No. 337-TA-959, Comm'n Op. (Feb. 13, 2017). 
Specifically, if Complainant seeks a cease and desist order against a 
respondent, the written submissions should respond to the following 
requests:
    1. Please identify with citations to the record any information 
regarding commercially significant inventory in the United States as to 
each respondent against whom a cease and desist order is sought. If 
Complainant also relies on other significant domestic operations that 
could undercut the remedy provided by an exclusion order, identify with 
citations to the record such information as to each respondent against 
whom a cease and desist order is sought.
    2. In relation to the infringing products, please identify any 
information in the record, including allegations in the pleadings, that 
addresses the existence of any domestic inventory, any domestic 
operations, or any sales-related activity directed at the United States 
for each respondent against whom a cease and desist order is sought.
    3. Please discuss any other basis upon which the Commission could 
enter a cease and desist order.
    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 requested to submit proposed remedial 
orders for the Commission's consideration. Complainant is also 
requested to state the date that the patents expire and the HTSUS 
numbers under which the accused products are imported. Complainant is 
further requested 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 November 13, 2019. Reply submissions must be filed no later than the 
close of business on November 20, 2019. No further submissions on any 
of these issues will be permitted unless otherwise ordered by the 
Commission.

[[Page 59418]]

    Persons filing written submissions must file the original document 
electronically on or before the deadlines stated above and submit 8 
true paper copies to the Office of the Secretary by noon the next day 
pursuant to Commission Rule 210.4(f), CFR 210.4(f). Submissions should 
refer to the investigation number (``Inv. No. 337-TA-1125'') in a 
prominent place on the cover page and/or the first page. (See Handbook 
for Electronic Filing Procedures, https://www.usitc.gov/secretary/documents/handbook_on_electronic_filing.pdf). Persons with questions 
regarding filing should contact the Secretary (202-205-2000).
    Any person desiring to submit a document to the Commission in 
confidence must request confidential treatment. All such requests 
should be directed to the Secretary to the Commission and must include 
a full statement of the reasons why the Commission should grant such 
treatment. See 19 CFR 201.6. Documents for which confidential treatment 
by the Commission is properly 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, solely for cybersecurity purposes 
(all contract personnel will sign appropriate nondisclosure 
agreements). All nonconfidential written submissions will be available 
for public inspection at the Office of the Secretary and on EDIS.
    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: October 29, 2019.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2019-23988 Filed 11-1-19; 8:45 am]
 BILLING CODE 7020-02-P