[Federal Register Volume 84, Number 222 (Monday, November 18, 2019)]
[Notices]
[Pages 63676-63677]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-24860]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1126]


Certain Water Filters and Components Thereof; Issuance of a 
General Exclusion Order and Cease and Desist Orders; 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 water filters and components thereof as well as two cease 
and desist orders (``CDOs''). The investigation is terminated.

FOR FURTHER INFORMATION CONTACT: Lynde Herzbach, Office of the General 
Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone (202) 205-3228. 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 August 1, 2018, based on a complaint, as amended, filed on behalf of 
Electrolux Home Products, Inc. of Charlotte, North Carolina, and KX 
Technologies, LLC of West Haven, Connecticut (collectively, 
``Complainants''). 83 FR 37514 (Aug. 1, 2018). The complaint alleges 
violations of section 337 of the Tariff Act of 1930, as amended, 19 
U.S.C. 1337 (``section 337'') based on the importation into the United 
States, the sale for importation, and the sale within the United States 
after importation of certain water filters and components thereof by 
reason of infringement of certain claims of U.S. Patent Nos. 8,673,146 
(``the '146 patent''), 8,137,551 (``the '551 patent''), 9,233,322 
(``the '322 patent''), and 9,901,852 (``the '852 patent''). Id. The 
Commission's notice of investigation names eight respondents. Id. The 
Office of Unfair Import Investigations (``OUII'') is also a party to 
the investigation.
    On October 3, 2018, the ALJ issued an initial determination finding 
certain respondents in default, specifically, Shenzen Calux 
Purification Technology Co., Limited (``Calux''); JiangSu Angkua 
Environmental Technical Co., Ltd. (``Angkua Environmental''); and 
Shenzhen Dakon Purification Tech Co., Ltd. (collectively, ``the 
Defaulting Respondents''). See Order No. 9 (Oct. 3, 2018), not 
reviewed, Notice (Oct. 25, 2018). The remaining respondents, 
specifically, Ningbo Pureza Limited; HongKong Ecoaqua Co., Limited; 
Ecolife Technologies, Inc.; Ecopure Filter Co., Ltd.; and Crystala 
Filters LLC, were terminated from the investigation due to settlement. 
See Order Nos. 14, 15, 16, not reviewed, Notice (April 1, 2019).
    On February 12, 2019, Complainants filed a motion for summary 
determination of violation of section 337 by the Defaulting 
Respondents. Complainants requested a general exclusion order (``GEO'') 
and cease and desist orders (``CDOs'') against all three Defaulting 
Respondents. On March 8, 2019, OUII filed a response supporting a 
finding of a violation as well as the requested remedies of a GEO and 
CDOs for two of the Defaulting Respondents (Calux and Angkua 
Environmental).
    The ALJ issued the subject ID on July 11, 2019, granting the motion 
for summary determination and finding a violation of section 337 by the 
Defaulting Respondents. Specifically, the ID found that Complainants 
established infringement of claims 1-3, 6, 7, and 15 of the '146 
patent, claim 49 of the '551 patent, claims 1-3, 7-9, and 12-15 of the 
'322 patent, and claims 1, 4-6, 9-11, 14-18, and 21-31 of the '852

[[Page 63677]]

patent with respect to each Defaulting Respondents' accused product(s) 
by substantial, reliable, and probative evidence. The ALJ recommended 
that the Commission issue a GEO and CDOs against Calux and Angkua 
Environmental. The ALJ also recommended setting a bond during 
Presidential review in the amount of 100 percent. Id. No party 
petitioned for review of the subject ID.
    On August 28, 2019, the Commission issued a Notice stating that the 
Commission determined to review the ID in part and, on review, to 
correct an error in a citation and a typo. 84 FR 45170 (Aug. 28, 2019). 
The Commission's determination resulted in finding a violation of 
section 337. Id. The Notice also requested written submissions on 
remedy, the public interest, and bonding. See id.
    On September 6, 2019, Complainants submitted a brief on remedy, the 
public interest, and bonding, requesting that the Commission issue a 
GEO, issue CDOs against two of the three Defaulting Respondents, and 
set a bond of 100 percent during the Presidential review period. On the 
same day, OUII also submitted a brief on remedy, the public interest, 
and bonding, supporting the ALJ's recommended GEO, CDOs against two of 
the Defaulting Respondents, and bond in the amount of 100 percent. On 
September 13, 2019, OUII submitted a reply to Complainants' opening 
brief. No other submissions were filed in response to the Notice.
    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. at 1337(d)(1).
    The Commission has determined that the appropriate remedy in this 
investigation is: (1) a GEO prohibiting the unlicensed entry of certain 
water filters and components thereof that infringe one or more of 
claims 1-3, 6, and 7 of the '146 patent; claim 49 of the '551 patent; 
claims 1-3, 7-9, and 12-15 of the '322 patent; and claims 14-18 and 21-
31 of the '852 patent; and (2) CDOs against Angkua Environmental and 
Calux. 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 and CDOs. The Commission's orders were 
delivered to the President and to the United States Trade 
Representative on the day of its issuance. The investigation is 
terminated.
    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: November 12, 2019.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2019-24860 Filed 11-15-19; 8:45 am]
 BILLING CODE 7020-02-P