[Federal Register Volume 85, Number 158 (Friday, August 14, 2020)]
[Notices]
[Pages 49678-49679]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-17782]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1169]


Certain Fish-Handling Pliers and Packaging Thereof; Notice of a 
Commission Final Determination of Violation of Section 337; Issuance of 
a General Exclusion Order; Termination of 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 determined that there is a violation of section 337 of 
the Tariff Act of 1930, as amended, in the above-captioned 
investigation. The Commission has issued a general exclusion order 
(``GEO'') barring entry of certain fish-handling pliers and packaging 
thereof that infringe the two trademarks asserted in this 
investigation. The investigation is terminated.

FOR FURTHER INFORMATION CONTACT: Robert Needham, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone (202) 708-5468. Copies of non-
confidential documents filed in connection with this investigation may 
be viewed on the Commission's electronic docket (EDIS) at https://edis.usitc.gov. For help accessing EDIS, please email 
[email protected]. General information concerning the Commission may 
also be obtained by accessing its internet server at https://www.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 July 29, 2019, based on a complaint filed by complainant United 
Plastic Molders, Inc. of Jackson, Mississippi (``UPM''). 84 FR 36620-21 
(July 29, 2019). The complaint, as supplemented, 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 fish-
handling pliers and packaging thereof by reason of infringement of 
claims 1-11 of U.S. Patent No. 6,256,923 (``the '923 patent'') and U.S. 
Trademark Registration Nos. 4,980,923 (``the '923 mark'') and 5,435,944 
(``the '944 mark''). Id. The complaint further alleges that a domestic 
industry exists. Id. The Commission's notice of investigation named as 
respondents Yixing Five Union Industry & Trade Co., Ltd. of Yixing 
City, China (``Five Union''); NOEBY Fishing Tackle Co., Ltd. of Weihai, 
China (``NOEBY''); Weihai iLure Fishing Tackle Co., Ltd. of Weihai, 
China (``iLure''); SamsFX of Yangzhou City, China (``SamsFX''); and 
Weihai Lotus Outdoor Co., Ltd. of Weihai, China (``Lotus'') 
(collectively, ``Respondents''). Id. The Office of Unfair Import 
Investigations (``OUII'') is participating in the investigation. Id.
    All five Respondents defaulted. On December 18, 2019, the 
Commission found NOEBY, iLure, Weihai Lotus, and Five Union in default 
for failing to respond to the complaint and notice of investigation. 
Order No. 11 (Nov. 19, 2019), not reviewed, Notice (Dec. 18, 2019). 
Also on December 18, 2019, the Commission found SamsFX in default for 
failing to respond to the complaint and notice of investigation. Order 
No. 12 (Nov. 25, 2019), not reviewed, Notice (Dec. 18, 2019).
    On December 5, 2019, UPM moved for a summary determination of 
violation and for a recommendation for the issuance of a general 
exclusion order (``GEO''). In its motion, UPM dropped its allegations 
with respect to claims 2-6 and 8-11 of the '923 patent, but continued 
to assert claims 1 and 7 of the '923 patent. On January 3, 2020, OUII 
filed a motion that largely supported UPM's motion.
    On April 10, 2020, the ALJ issued the subject ID, Order No. 14, 
granting in part UPM's motion. Specifically, the ALJ issued a summary 
of determination of violation finding that SamsFX, Lotus, and NOEBY 
violated section 337 with respect to claims 1 and 7 of the '923 patent, 
as well as the '923 and '944 marks; that iLure violated section 337 
with respect to claims 1 and 7 of the '923 patent; and that Five Union 
violated section 337 with respect to the '923 mark. The ALJ also found 
that UPM failed to show that iLure violated section 337 with respect to 
the '923 and '944 marks, as the only evidence of importation predates 
the registration of

[[Page 49679]]

those marks. No petitions for review of the ID were filed.
    On May 27, 2020, the Commission determined to review in part the ID 
granting summary determination of a section 337 violation. 85 FR 33705-
07 (Jun. 2, 2020). Specifically, the Commission determined to review 
the ID's finding of violation with respect to the '923 patent, the ID's 
finding that UPM satisfied the economic prong of the domestic industry 
requirement, and the ID's finding of violation with respect to Lotus 
and Five Union.
    The Commission also requested written submissions on certain 
questions and the issues of remedy, the public interest, and bonding. 
83 FR 51706 (Oct. 12, 2018). UPM and OUII filed initial written 
submissions, and OUII also filed a reply to UPM's submission. No other 
submissions were filed in response to the Commission notice.
    Having reviewed the written submissions and the evidentiary record, 
the Commission has determined to: (1) Vacate the ID's finding of 
violation with respect to the '923 patent, as well as all other 
findings related solely to the '923 patent, based on that patent's 
expiration; (2) affirm the ALJ's findings on the economic prong of the 
domestic industry requirement; and (3) reverse the ID's findings of 
violation with respect to Five Union and Lotus based on UPM's failure 
to provide substantial, reliable, and probative evidence that those 
entities manufacture the accused SamsFX products. Based on the findings 
in the ID as modified above, the Commission has determined that UPM has 
shown a violation of section 337(a)(1)(C), 19 U.S.C. 1337(a)(1)(C), by 
NOEBY and SamsFX with respect to the '923 and '944 marks. The 
Commission finds that UPM failed to show a violation by the remaining 
defaulted respondents.
    The Commission has determined that the appropriate remedy in this 
investigation is a GEO prohibiting the unlicensed importation of 
certain fish-handling pliers and packaging thereof that infringe the 
'923 and '944 marks. The Commission has further determined that the 
public interest factors enumerated in section 337(d) (19 U.S.C. 
1337(d)) do not preclude issuance of the GEO. Finally, the Commission 
has determined that a bond in the amount of one hundred (100) percent 
of the entered value of the imported articles that are subject to the 
GEO is required to permit temporary importation of the articles in 
question during the period of Presidential review (19 U.S.C. 1337(j)). 
The investigation is hereby terminated in its entirety.
    The Commission's order and opinion were delivered to the President 
and to the United States Trade Representative on the day of their 
issuance. The Commission has also notified the Secretary of the 
Treasury and Customs and Border Protection of the order.
    The Commission vote for these determinations took place on August 
10, 2020.
    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).
    While temporary remote operating procedures are in place in 
response to COVID-19, the Office of the Secretary is not able to serve 
parties that have not retained counsel or otherwise provided a point of 
contact for electronic service. Accordingly, pursuant to Commission 
Rules 201.16(a) and 210.7(a)(1) (19 CFR 201.16(a), 210.7(a)(1)), the 
Commission orders that the Complainant(s) complete service for any 
party/parties without a method of electronic service noted on the 
attached Certificate of Service and shall file proof of service on the 
Electronic Document Information System (EDIS).

    By order of the Commission.

    Issued: August 10, 2020.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2020-17782 Filed 8-13-20; 8:45 am]
BILLING CODE 7020-02-P