[Federal Register Volume 85, Number 141 (Wednesday, July 22, 2020)]
[Notices]
[Pages 44322-44324]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-15814]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1206]


Certain Percussive Massage Devices; Institution of Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on June 17, 2020 under section 337 
of the Tariff Act of 1930, as amended, on behalf of Hyper Ice, Inc. of 
Irvine, California. A supplement was filed on June 27, 2020. The 
complaint alleges violations of 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 percussive massage 
devices by reason of infringement of certain claims

[[Page 44323]]

of U.S. Patent No. 10,561,574 (``the '574 patent''); U.S. Design Patent 
No. D855,822 (``the 'D822 patent''); and U.S. Design Patent No. 
D886,317 (``the 'D317 patent''). The complaint further alleges that an 
industry in the United States exists as required by the applicable 
Federal Statute. The complainant requests that the Commission institute 
an investigation and, after the investigation, issue a general 
exclusion order, or in the alternative a limited exclusion order, and 
cease and desist orders.

ADDRESSES: The complaint, except for any confidential information 
contained therein, may be viewed on the Commission's electronic docket 
(EDIS) at https://edis.usitc.gov. For help accessing EDIS, please email 
[email protected]. Hearing impaired individuals are advised that 
information on this matter can be obtained by contacting the 
Commission's TDD terminal on (202) 205-1810. Persons with mobility 
impairments who will need special assistance in gaining access to the 
Commission should contact the Office of the Secretary at (202) 205-
2000. General information concerning the Commission may also be 
obtained by accessing its internet server at https://www.usitc.gov.

FOR FURTHER INFORMATION CONTACT: Pathenia M. Proctor, The Office of 
Unfair Import Investigations, U.S. International Trade Commission, 
telephone (202) 205-2560.

SUPPLEMENTARY INFORMATION: 
    Authority: The authority for institution of this investigation is 
contained in section 337 of the Tariff Act of 1930, as amended, 19 
U.S.C. 1337, and in section 210.10 of the Commission's Rules of 
Practice and Procedure, 19 CFR 210.10 (2020).
    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on July 16, 2020, ordered that--
    (1) Pursuant to subsection (b) of section 337 of the Tariff Act of 
1930, as amended, an investigation be instituted to determine whether 
there is a violation of subsection (a)(1)(B) of section 337 in the 
importation into the United States, the sale for importation, or the 
sale within the United States after importation of certain products 
identified in paragraph (2) by reason of infringement of one or more of 
claims 1-9, 14, and 15 of the '574 patent; the claim of the 'D822 
patent; and the claim of the 'D317 patent, and whether an industry in 
the United States exists as required by subsection (a)(2) of section 
337;
    (2) Pursuant to section 210.10(b)(1) of the Commission's Rules of 
Practice and Procedure, 19 CFR 210.10(b)(1), the plain language 
description of the accused products or category of accused products, 
which defines the scope of the investigation, is ``therapeutic handheld 
percussive massage devices for applying percussive massage to a 
person's body'';
    (3) For the purpose of the investigation so instituted, the 
following are hereby named as parties upon which this notice of 
investigation shall be served:
    (a) The complainant is:

Hyper Ice, Inc., 525 Technology Drive, Suite 100, Irvine, CA 92618
    (b) The respondents are the following entities alleged to be in 
violation of section 337, and are the parties upon which the complaint 
is to be served:

Addaday LLC, 2500 Broadway, Building F, 125, Santa Monica, CA 90404
Performance Health Systems, LLC, 401 Huehl Rd., Suite 2A, Northbrook, 
IL 60062
WODFitters, 6281 Corder Ln., Lorton, VA 22079
Massimo Motor Sports, LLC, 3101 W Miller Rd., Garland, TX 75041
Kinghood International Logistics Inc., 16851 Knott Ave., La Mirada, CA 
90638
Manybo Ecommerce Ltd., Unit 622, Kwai Shun Ind. Centre, 51-63, 
Container Port Road, Kwai Chung, N.T., Hong Kong
Shenzhen Let Us Win-Win Technology Co., Ltd., 4F, No.229, Busha Road, 
Buji, Shenzhen, Guangdong Province, China 518000
Shenzhen Infein Technology Co., Ltd., 12-1, 1st Factory Building, 
Tian'an Digital Innovation Park, No. 441, Huangge Road, Longcheng 
Street, Longgang District, Shenzhen, Guangdong, China, 51800
Hong Kong Yongxu Capital Management Co., Ltd., Flat/Rm 1804, Beverly 
House, 93-107 Lockhart Road, Wanchai, Hong Kong, China 999077
Laiwushiyu Xinuan Trading Company, Chendaxia Village, Laiwu, Shandong 
District, China 271100
Shenzhen QingYueTang E-commerce Co., Ltd., Rm.1001, 10th Fl., Zhongken 
Building, No.2002 Bixin Rd., Longgang District, Shenzhen, Guangdong, 
China 518000
Shenzhen Shiluo Trading Co., Ltd., 37 East 305, Minli Old Village, 
Minzhi Street, Longhua New District, Shenzhen, Guangdong, China 518000
Kula eCommerce Co., Ltd., NO. 50, Danshui Baiyun Yi Road, Huiyang 
District, Huizhou City, Guangdong, China 516211
Fu Si, 621 Gongye Road, Longhua District, Shenzhen, Guangdong, China 
518000
Shenzhen Qifeng Technology Co., Ltd., 1019, Weidonglong Technology 
Building, Meilong Boulevard, Longhua Sub-District, Longhua Ne W 
District Shenzhen, Guangdong, 518015 China
Rechar, Inc., 56157 Oak Ave., Strasburg, CO 80136
Ning Chen, Group 4 Yanyan Village, Luoqiao Town, 71 Hao, Funing, 
Yancheng, Jiangsu China 224400
Opove, 207 N Aspan Ave, Suite 2, Azusa, CA 91702
Shenzhen Shufang E-Commerce Co., Ltd., 602-2 Building 4, Zhangkeng 
Youpin, Cultural Creative Park Longhua District, Shenzhen China 518000

    (c) The Office of Unfair Import Investigations, U.S. International 
Trade Commission, 500 E Street SW, Suite 401, Washington, DC 20436; and
    (4) For the investigation so instituted, the Chief Administrative 
Law Judge, U.S. International Trade Commission, shall designate the 
presiding Administrative Law Judge.
    Responses to the complaint and the notice of investigation must be 
submitted by the named respondents in accordance with section 210.13 of 
the Commission's Rules of Practice and Procedure, 19 CFR 210.13. 
Pursuant to 19 CFR 201.16(e) and 210.13(a), as amended in 85 FR 15798 
(March 19, 2020), such responses will be considered by the Commission 
if received not later than 20 days after the date of service by the 
complainant of the complaint and the notice of investigation. 
Extensions of time for submitting responses to the complaint and the 
notice of investigation will not be granted unless good cause therefor 
is shown.
    Failure of a respondent to file a timely response to each 
allegation in the complaint and in this notice may be deemed to 
constitute a waiver of the right to appear and contest the allegations 
of the complaint and this notice, and to authorize the administrative 
law judge and the Commission, without further notice to the respondent, 
to find the facts to be as alleged in the complaint and this notice and 
to enter an initial determination and a final determination containing 
such findings, and may result in the issuance of an exclusion order or 
a cease and desist order or both directed against the respondent.

    By order of the Commission.


[[Page 44324]]


    Issued: July 16, 2020.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2020-15814 Filed 7-21-20; 8:45 am]
BILLING CODE 7020-02-P