[Federal Register Volume 85, Number 212 (Monday, November 2, 2020)]
[Notices]
[Pages 69358-69359]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-24166]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1074]


Certain Industrial Automation Systems and Components Thereof 
Including Control Systems, Controllers, Visualization Hardware, Motion 
and Motor Control Systems, Networking Equipment, Safety Devices, and 
Power Supplies; Notice of Commission Determination To Issue a Corrected 
General Exclusion Order

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 to issue a corrected general exclusion order 
(``GEO'') in the above-captioned investigation.

FOR FURTHER INFORMATION CONTACT: Houda Morad, Office of the General 
Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone (202) 708-4716. 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 October 16, 2017, under section 337 of the Tariff Act of 1930, as 
amended, 19 U.S.C. 1337 (``section 337''), based on a complaint filed 
by Rockwell Automation, Inc. (``Complainant'') of Milwaukee, Wisconsin. 
See 82 FR 48113-15 (Oct. 16, 2017). The complaint, as supplemented, 
alleged violations of section 337 based on the infringement of certain 
registered trademarks and copyrights and on unfair methods of 
competition and unfair acts in the importation or sale of certain 
industrial automation systems and components thereof including control 
systems, controllers, visualization hardware, motion and motor control 
systems, networking equipment, safety devices, and power supplies, the 
threat or effect of which is to destroy or substantially injure an 
industry in the United States. See id. The notice of investigation 
identified the following respondents: Can Electric Limited of 
Guangzhou, China (``Can Electric''); Capnil (HK) Company Limited of 
Hong Kong (``Capnil''); Fractioni (Hongkong) Ltd. of Shanghai, China 
(``Fractioni''); Fujian Dahong Trade Co. of Fujian, China (``Dahong''); 
GreySolution Limited d/b/a Fibica of Hong Kong (``GreySolution''); 
Huang Wei Feng d/b/a A-O-M Industry of Shenzhen, China (``Huang''); KBS 
Electronics Suzhou Co, Ltd. of Shanghai, China (``KBS''); PLC-VIP Shop 
d/b/a VIP Tech Limited of Hong Kong (``PLC-VIP''); Radwell 
International, Inc. d/b/a PLC Center of Willingboro, New Jersey 
(``Radwell''); Shanghai EuoSource Electronic Co., Ltd of Shanghai, 
China (``EuoSource''); ShenZhen T-Tide Trading co., Ltd. of Shenzhen, 
China (``T-Tide''); SoBuy Commercial (HK) Co. Limited of Hong Kong 
(``SoBuy''); Suzhou Yi Micro Optical Co., Ltd., d/b/a Suzhou Yiwei 
Guangxue Youxiangongsi, d/b/a Easy Microoptics Co. LTD. of Jiangsu, 
China (``Suzhou''); Wenzhou Sparker Group Co. Ltd., d/b/a Sparker 
Instruments of Wenzhou, China (``Sparker''); and Yaspro Electronics 
(Shanghai) Co., Ltd. of Shanghai, China (``Yaspro''). See id. In 
addition, the Office of Unfair Import Investigations was also a party 
in this investigation. See id.
    Nine respondents were found in default, namely, Fractioni, 
GreySolution, KBS, EuoSource, T-Tide, SoBuy, Suzhou, Yaspro and Can 
Electric (collectively, ``the Defaulted Respondents''). Furthermore, 
five

[[Page 69359]]

unserved respondents (Capnil, Dahong, Huang, PLC-VIP, and Sparker) were 
terminated from the investigation, and one respondent (Radwell) was 
terminated based on the entry of a consent order.
    On October 23, 2018, the Administrative Law Judge (``ALJ'') issued 
a final initial determination (``FID'') finding a violation of section 
337 by the Defaulted Respondents and recommending that the Commission: 
(1) Issue a general exclusion order (``GEO''); and (2) issue a cease 
and desist order (``CDO'') against Defaulted Respondent Fractioni. The 
ALJ determined that the Defaulted Respondents infringed Complainant's 
asserted trademarks, but that Complainant failed to establish its two 
other claims, namely, the infringement of Complainant's asserted 
copyrights and tortious interference with Complainant's contracts.
    On December 20, 2018, the Commission issued a notice determining 
not to review the FID. See 83 FR 67346-48 (Dec. 28, 2018). On April 8, 
2019, the Commission issued a notice determining that the appropriate 
remedy is a GEO prohibiting the unlicensed entry of certain industrial 
automation systems and components thereof including control systems, 
controllers, visualization hardware, motion and motor control systems, 
networking equipment, safety devices, and power supplies that infringe 
Complainant's asserted trademarks, and a CDO directed to defaulted 
respondent Fractioni. See 84 FR 14971-72 (Apr. 12, 2019). The GEO, 
however, inadvertently omits a provision requiring Complainant to file 
a yearly written statement with the Commission attesting that 
Complainant continues to use the asserted trademarks in commerce in the 
United States, that the asserted trademarks have not been abandoned, 
cancelled, or rendered invalid or unenforceable, and that Complainant 
continues to satisfy the domestic industry requirement.
    The Commission has determined to issue a corrected GEO including 
the reporting requirement.
    The Commission's vote on this determination took place on October 
27, 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: October 27, 2020.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2020-24166 Filed 10-30-20; 8:45 am]
BILLING CODE 7020-02-P