[Federal Register Volume 86, Number 21 (Wednesday, February 3, 2021)]
[Notices]
[Pages 8033-8034]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-02195]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1183]


Certain Foldable Reusable Drinking Straws and Components and 
Accessories Thereof; Issuance of a General Exclusion Order; Termination 
of 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 has determined to issue a general exclusion order (``GEO'') 
prohibiting the unlicensed importation of foldable reusable drinking 
straws and components and accessories thereof that infringe one or more 
of claims 1-12 and 14-17 of U.S. Patent No. 10,123,641 (``the '641 
patent''). The investigation is terminated in its entirety.

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 November 13, 2019, based on a complaint filed on behalf of The Final 
Co. LLC (``Final'' or ``Complainant'') of Santa Fe, New Mexico. 84 FR 
61639 (Nov. 13, 2019). The complaint, as amended, alleged violations of 
section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337 
(``section 337''), in the importation into the United States, the sale 
for importation, or the sale within the United States after importation 
of certain foldable reusable drinking straws and components and 
accessories thereof by reason of infringement of claims 1-12, 14-17, 
and 20 of the '641 patent. Id. The complaint further alleged that a 
domestic industry exists. Id. The Commission's notice of investigation 
named seventeen respondents: Huizhou Sinri Technology Company Limited 
of Guangdong, China; Hebei Serun Import and Export Trade Co., Ltd. of 
Hebei, China; Dongguan Stirling Metal Products Co., Ltd. of Guangdong, 
China; Ningbo Wwpartner Plastic Manufacture Co., Ltd. of Zhejiang, 
China; Shenzhen Yuanzhen Technology Co., Ltd. of Shenzhen, China; 
Jiangmen Boyan Houseware Co., Ltd. of Guangdong, China; Shanghai Rbin 
Industry And Trade Co., Ltd. of Shanghai, China; Jiangmen Shengke 
Hardware Products Co., Ltd. of Guangdong, China; Funan Anze Trading 
Co., Ltd. of Anhui, China; Hangzhou Keteng Trade Co., Ltd. of Zhejiang, 
China; Hunan Jiudi Shiye Import And Export Trading Co., Ltd. of Hunan, 
China (``Hunan Jiudi''); Shenzhen Yaya Gifts Co., Ltd. of Guangdong, 
China; Ningbo Weixu International Trade Co., Ltd. of Zhejiang, China 
(``Ningbo Weixu''); Ningbo Beland Commodity Co., Ltd. of Zhejiang, 
China; Xiamen One X Piece Imp. & Exp. Co., Ltd. of Fujian, China; Hunan 
Champion Top

[[Page 8034]]

Technology Co., Ltd. of Hunan, China; and Yiwu Lizhi Trading Firm of 
Zhejiang, China. Id. at 61639-40. The Office of Unfair Import 
Investigations (``OUII'') is also named as a party in this 
investigation. Id. at 61640.
    The Commission terminated respondents Ningbo Weixu and Hunan Jiudi 
from the investigation based on Complainant's partial withdrawal of the 
complaint. See Order No. 7 (Feb. 13, 2019), unreviewed by Comm'n Notice 
(Mar. 9, 2020).
    On March 16, 2020, the Commission found the remaining fifteen 
respondents (collectively, the ``Defaulted Respondents'') in default. 
Order No. 8 (Mar. 3, 2020), unreviewed by Comm'n Notice (Mar. 16, 
2020).
    On April 7, 2020, Complainant filed a motion for summary 
determination of a violation of section 337 by the Defaulted 
Respondents. On May 5, 2020, Complainant filed a motion for leave to 
supplement the motion for summary determination, and the ALJ granted 
leave on May 8, 2020. On May 27, 2020, OUII filed its response in 
support of Complainant's motion.
    On July 17, 2020, the ALJ issued Order No. 13, an ID granting in 
part the motion for summary determination. See Order No. 13 (July 17, 
2020). The ALJ found that Complainant established importation of the 
accused products and infringement of claims 1-12 and 14-17 of the '641 
patent by Defaulted Respondents and that Complainant satisfied the 
technical prong of the domestic industry requirement. However, the ALJ 
did not grant the motion with respect to Complainant's satisfaction of 
the economic prong of the domestic industry requirement or infringement 
of claim 20, so the ALJ did not find a violation of section 337 by the 
Defaulted Respondents. The Commission determined not to review Order 
No. 13. See Notice (Aug. 18, 2020).
    Also, on July 17, 2020, the ALJ issued Order No. 14, which required 
the parties to choose from several options on how to proceed. See Order 
No. 14, at 1-2 (July 17, 2020). On July 31, 2020, Complainant and OUII 
filed a joint response to Order No. 14. The joint response stated that 
Complainant would file a motion to amend the complaint to terminate its 
assertion of claim 20 of the '641 patent, and an additional motion for 
summary determination on the remaining issues.
    On August 7, 2020, Complainant filed a motion for partial summary 
determination regarding the economic prong of the domestic industry 
requirement, a remedy in the form of a general exclusion order, and a 
bond during the period of Presidential review in the amount of one 
hundred percent (100%) of the entered value. On August 14, 2020, 
Complainant moved to replace Exhibit 11C within its motion for summary 
determination, which was granted by the ALJ. See Order No. 16 (Aug. 20, 
2020). On August 24, 2020, OUII filed its response in support of 
Complainant's motion.
    On August 17, 2020, Complainant moved to terminate the 
investigation with respect to asserted claim 20 by reason of withdrawal 
of the complaint allegations. On August 26, 2020, the ALJ granted the 
motion to withdraw claim 20. See Order No. 17 (Aug. 26, 2020), 
unreviewed by Comm'n Notice (Sep. 15, 2020).
    On September 22, 2020, the ALJ issued Order No. 18, an ID granting 
Complainant's motion for partial summary determination that a domestic 
industry exists with respect to Complainant's research and development 
investments under section 337(a)(3)(C) and finding a violation of 
section 337 with respect to claims 1-12 and 14-17 of the '641 patent by 
the Defaulted Respondents. The ID also denied Complainant's motion for 
summary determination under section 337(a)(3)(B). No petitions for 
review of the ID were filed.
    The ALJ concurrently issued a Recommended Determination (``RD'') on 
the issues of remedy and bonding. The RD recommended the issuance of a 
GEO and setting the bond during the period of Presidential review in 
the amount of one hundred percent (100%) of the entered value. The 
Commission solicited comments from the public on public interest issues 
raised by the recommended relief. 85 FR 67010 (Oct. 21, 2020). No 
submissions were filed in response to the Commission Notice.
    On November 5, 2020, the Commission determined not to review Order 
No. 18, thereby adopting the ID's finding of a violation of section 337 
in connection with claims 1-12 and 14-17 of the '641 patent. 85 FR 
71942-43 (Nov. 12, 2020). (The Order's denial of summary determination 
as to section 337(a)(3)(B) was not an initial determination subject to 
Commission review and hence was not adopted by the Commission). The 
Commission also requested the parties, interested government agencies, 
and other interested parties to file submissions on the issues of 
remedy, the public interest, and bonding during the period of 
Presidential review. Id. at 71944. On November 19 and November 23, 
2020, OUII and Complainant, respectively, filed submissions on the 
issues of remedy, the public interest, and bonding as requested by the 
Commission. See id. at 71943-44. On November 30, 2020, OUII and 
Complainant each filed reply submissions. No other submissions were 
received in response to the Notice.
    The Commission has determined that the appropriate remedy in this 
investigation is a GEO prohibiting the unlicensed importation of 
foldable reusable drinking straws and components and accessories 
thereof that infringe one or more of claims 1-12 and 14-17 of the '641 
patent. The foldable reusable drinking straws and components and 
accessories thereof that are subject to the GEO are as follows: 
individual foldable reusable drinking straws and components thereof, 
cases used to store the foldable reusable drinking straws, and tools 
used for cleaning the foldable reusable drinking straws. The Commission 
has also determined that the public interest factors enumerated in 
section 337(g)(1), 19 U.S.C. 1337(g)(1), do not preclude issuance of 
the exclusion order. Finally, the Commission has determined that the 
bond during the period of Presidential review pursuant to 19 U.S.C. 
1337(j) shall be in the amount of one hundred percent (100%) of the 
entered value of the imported articles subject to the GEO. The 
Commission's order was delivered to the President and to the United 
States Trade Representative on the day of its issuance. The 
investigation is hereby terminated.
    The Commission vote for this determination took place on January 
28, 2021.
    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: January 28, 2021.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2021-02195 Filed 2-2-21; 8:45 am]
BILLING CODE 7020-02-P