[Federal Register Volume 85, Number 205 (Thursday, October 22, 2020)]
[Notices]
[Pages 67372-67373]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-23354]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1206]


Certain Percussive Massage Devices; Commission Determination Not 
to Review an Initial Determination Granting Motions To Intervene by 
Shenzhen Xinde Technology Co., Ltd. and Yongkang Aijiu Industrial & 
Trade Co., Ltd. in 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 (``Commission'') has determined not to review an initial 
determination (``ID'') (Order No. 11) of the presiding administrative 
law judge (``ALJ''), granting unopposed motions to intervene by third 
parties Shenzhen Xinde Technology Co., Ltd. (``Xinde'') and Yongkang 
Aijiu Industrial & Trade

[[Page 67373]]

Co., Ltd. (``Aijiu'') in the above-identified investigation.

FOR FURTHER INFORMATION CONTACT: Cathy Chen, Office of the General 
Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone 202-205-2392. 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 22, 2020, based on a complaint filed on behalf of Hyper Ice, 
Inc. (``Hyper Ice'') of Irvine, California. 85 FR 44322 (July 22, 
2020). 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 percussive 
massage devices by reason of infringement of certain claims of U.S. 
Patent No. 10,561,574; U.S. Design Patent No. D855,822; and U.S. Design 
Patent No. D886,317. The complaint further alleges that a domestic 
industry exists. The Commission's notice of investigation named 
nineteen respondents. The notice of investigation also named the Office 
of Unfair Import Investigations (``OUII'') as a party.
    On September 17, 2020, third parties Xinde and Aijiu each moved to 
intervene as a respondent in the investigation because they have an 
interest in infringement issues as to the asserted patents. Xinde and 
Aijiu have certified that Complainant Hyper Ice and the Respondents 
that have appeared in the investigation do not oppose their motions. On 
September 24, 2020, OUII filed a response in support of the motions.
    On September 25, 2020, the ALJ issued an ID granting the motions to 
intervene pursuant to Commission Rule 210.19, 19 CFR 210.19. See Order 
No. 11 at 4 (Sep. 25, 2020). The ID finds that the motions are timely; 
that Xinde and Aijiu have an interest in presenting evidence that their 
respective percussive massage devices do not infringe the asserted 
patents in view of Complainant Hyper Ice's request for a general 
exclusion order; and that the third parties' interests are not 
adequately represented by existing parties. Id. No petitions for review 
of the ID were filed.
    The Commission has determined not to review the subject ID. Xinde 
and Aijiu are hereby intervenors in the investigation.
    The Commission vote for this determination took place on October 
16, 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.

    By order of the Commission.

    Issued: October 16, 2020.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2020-23354 Filed 10-21-20; 8:45 am]
BILLING CODE 7020-02-P