[Federal Register Volume 85, Number 75 (Friday, April 17, 2020)]
[Notices]
[Pages 21457-21459]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-08103]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1124]


Certain Powered Cover Plates; Commission Determination Not to 
Review a Remand Initial 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 has determined not to review a remand initial determination 
(``RID'') issued by the presiding administrative law judge (``ALJ'') in 
the above-captioned investigation granting a motion for summary 
determination regarding whether certain redesigns infringe the asserted 
patents. The Commission requests briefing from the parties, interested 
government agencies, and interested persons on the issues of remedy, 
the public interest, and bonding.

FOR FURTHER INFORMATION CONTACT: Michael Liberman, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone (202) 205-3115. 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

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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 the investigation 
on July 23, 2018, based on a complaint filed by SnapRays, LLC d/b/a 
SnapPower of Vineyard, UT (``SnapPower,'' or Complainant). 83 FR 34871 
(July 23, 2018). The complaint, as supplemented, alleges a violation of 
section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337 
(``section 337''), based upon the importation into the United States, 
the sale for importation, and the sale within the United States after 
importation of certain powered cover plates by reason of infringement 
of certain claims of U.S. Patent Nos. 9,871,324 (``the '324 patent''); 
9,882,361 (``the '361 patent''); 9,917,430 (``the '430 patent''); and 
U.S. Design Patent No. D819,426 (``the Design Patent,'' or ``the 'D426 
patent'') (collectively, ``the Asserted Patents''). Id. at 34872. The 
notice of investigation named thirteen respondents: (1) Ontel Products 
Corporation of Fairfield, New Jersey; (2) Dazone, LLC of Ontario, 
Canada; (3) Shenzhen C-Myway of Shenzhen, Guangdong, China; (4) E-
Zshop4u LLC of Howey in the Hills, Florida; (5) Desteny Store of Fort 
Meyers, Florida; (6) Zhongshan Led-Up Light Co., Ltd. of Zhongshan, 
Guangdong, China; (7) AllTrade Tools LLC of Cypress, California; (8) 
Guangzhou Sailu Info Tech. Co., Ltd. of Guangzhou, Gunagdong, China; 
(9) Zhejiang New-Epoch Communication Industry Co., Ltd. of Yueging, 
Zhejiang, China; (10) KCC Industries of Eastvale, California; (11) 
Vistek Technology Co., Ltd. of Fuyong, Baoan, Shenzhen, China 
(``Vistek''); (12) Enstant Technology Co., Ltd. of Xixiang Baoan 
District, Shenzhen, China (``Enstant''); and (13) Manufacturers 
Components Incorporated of Pompano Beach, Florida. Id. The Commission's 
Office of Unfair Import Investigations (``OUII'') was also named as a 
party.
    The Commission previously terminated the investigation as to, or 
found in default, all named respondents except Enstant and Vistek. 
Order No. 5 (Sept. 26, 2018), non-reviewed Notice (Oct. 29, 2018); 
Order No. 6 (Sept. 26, 2018), non-reviewed Notice (Oct. 29, 2018); 
Order No. 8 (Sept. 28, 2018), non-reviewed Notice (Oct. 23, 2018); 
Order No. 12 (Oct. 2, 2018), non-reviewed Notice (Nov. 27, 2018); Order 
No. 18 (Nov. 28, 2018), non-reviewed Notice (Dec. 21, 2018); Order, No. 
36 (Apr. 11, 2019), non-reviewed Notice (May 8, 2019).
    On August 12, 2019, the ALJ issued her ``Initial Determination on 
Violation of Section 337 and Recommended Determination on Remedy and 
Bond,'' finding a violation of section 337. The final ID found that a 
violation of section 337 occurred in the importation into the United 
States, the sale for importation, or the sale within the United States 
after importation, of certain powered cover plates that infringe the 
asserted claims of the '361 patent by Enstant and Vistek (collectively, 
``Enstant/Vistek,'' or ``Enstant''). See id. at 125-26.
    The final ID noted that ``Respondents Enstant and Vistek filed a 
motion for summary determination of non-infringement (`Redesign SD 
Motion') of [the '361 patent] by Redesign Models P001 (Smart Wall Plate 
Charger, Decor Outlet, with USB charger) and P002 (Smart Wall Plate 
Charger, Duplex Outlet with USB charger).'' Final ID at 14. In the 
Redesign SD Motion, Enstant sought summary determination that powered 
cover plate model numbers P001 and P002 (``Enstant's Redesigns'') do 
not infringe claims 1, 3-4, 10, 14, 17, 21, and 23-24 of the '361 
patent. Redesign SD Motion at 16. The final ID found, however, that 
``Enstant's and Vistek's Redesign SD Motion was effectively rendered 
moot by rulings on Motions in Limine . . . .'' Id.
    On October 11, 2019, the Commission determined to review in part 
and to remand the investigation to the ALJ for a remand initial 
determination (``RID'') to address the final ID's finding that Enstant/
Vistek's Redesign SD Motion is moot. 84 FR 55985-86 (October 18, 2019). 
The Commission issued an ``Order: Remand of a Final Initial 
Determination In Part'' directing the ALJ to expeditiously issue an RID 
as to this finding and to ``extend the target date for termination of 
the investigation by ID pursuant to 19 CFR 210.51(a)(1) to three months 
after the issuance of the RID.'' Commission Order at 5 (October 11, 
2019).
    On January 30, 2020, the ALJ issued the subject RID granting 
Enstant's Redesign SD Motion. The ALJ found that Enstant's Redesigns 
are properly at issue in this investigation because (1) Enstant's 
Redesigns are within the scope of this investigation and within the 
Commission's jurisdiction, RID at 10-12; (2) Enstant's Redesigns are 
fixed in design and not ``hypothetical,'' RID at 12-13; and (3) the 
parties exchanged discovery regarding the Redesigns, RID at 13-15. The 
ALJ also found that there is no dispute that Enstant's Redesigns do not 
infringe claims 1, 3-4, 10, 14, 17, 21, and 23-24 of the '361 patent--
the only patent asserted against Enstant's Redesigns. RID at 15-20. No 
party petitioned for review of the RID.
    The Commission has determined not to review the subject RID.
    In connection with the final disposition of this investigation, the 
statute authorizes issuance of: (1) An exclusion order that could 
result in the exclusion of the subject articles from entry into the 
United States, and/or (2) one or more cease and desist orders that 
could result in the respondents 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 are 
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). 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, 
please 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

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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.

    The statute requires the Commission to consider the effects of that 
remedy upon the public interest. The public interest 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, 
disapprove, or take no action on 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 initial written submissions should include views on 
the recommended determination on remedy and bonding issued on August 
12, 2019, by the ALJ.
    In its initial written submission, Complainant is also requested to 
identify the form of the remedy sought and to submit proposed remedial 
orders for the Commission's consideration. Complainant is also 
requested to state the expiration date of the '324, '361, '430, and 
'D426 patents, the HTSUS subheadings under which the accused articles 
are imported, and to supply identification information for all known 
importers of the accused products. Initial written submissions, 
including proposed remedial orders must be filed no later than the 
close of business on March 30, 2020. Reply submissions must be filed no 
later than the close of business on April 6, 2020. 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 8 
true paper copies to the Office of the Secretary by noon the next day 
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-1124'') in a prominent place on 
the cover page and/or the first page. (See Handbook for Electronic 
Filing Procedures, https://www.usitc.gov/documents/handbook_on_filing_procedures.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. 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 non-confidential 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: March 11, 2020.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2020-08103 Filed 4-16-20; 8:45 am]
BILLING CODE 7020-02-P