[Federal Register Volume 86, Number 90 (Wednesday, May 12, 2021)]
[Notices]
[Page 26069]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-09989]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1178]


Certain Collapsible and Portable Furniture; Notice of a 
Commission Determination To Review in Part a Final Initial 
Determination and To Affirm With Modifications the Finding of No 
Violation of Section 337; 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 (``Commission'') has determined to review in part the 
Administrative Law Judge's (``ALJ'') final initial determination 
(``FID''), issued on February 18, 2021, and to affirm with 
modifications the FID's finding of no violation of section 337 in the 
above-referenced investigation. The investigation is terminated.

FOR FURTHER INFORMATION CONTACT: Benjamin S. Richards, Esq., Office of 
the General Counsel, U.S. International Trade Commission, 500 E Street 
SW, Washington, DC 20436, telephone (202) 708-5453. 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 3, 2019. 84 FR 52896 (Oct. 3, 2019). The complaint, as 
amended, filed by GCI Outdoor, Inc., of Higganum, Connecticut 
(``GCI''), 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 collapsible and portable furniture by reason of 
infringement of certain claims of U.S. Patent No. 9,282,824 (``the '824 
patent'') and U.S. Patent No. 9,060,611 (``the '611 patent''). Id. at 
52896-97. The complaint further alleges that a domestic industry 
exists. Id. at 52897. The Commission's notice of investigation named 
the following respondents: Denovo Brands, LLC of Bentonville, Akansas; 
Zhenli (Zhangzhou) Industrial Co., Ltd. of Zhangzhou, Fujian, China; 
Fujian Zenithen Consumer Products Co., Ltd. of Fuzhou, Fujian, China; 
Zenithen Hong Kong Ltd. of Hong Kong; Zenithen USA LLC of Upland, 
California; Westfield Outdoor, Inc., d/b/a Westfield Outdoors of 
Indianapolis, Indiana; MacSports Inc. of La Verne, California; Meike 
(Qingdao) Leisure Products Co., Ltd of Qing Dao, China. Id. The Office 
of Unfair Import Investigations is not participating in the 
investigation. Id.
    During the course of the investigation, respondents Fujian Zenithen 
Consumer Products Co., Ltd., Zenithen Hong Kong Ltd., and Zenithen USA 
LLC were terminated from the investigation. The remaining respondents 
are Denovo Brands, LLC and Zhenli (Zhangzhou) Industrial Co., Ltd. (the 
``Denovo'' respondents); Westfield Outdoor, Inc. (``Westfield''); and 
MacSports Inc. and Meike (Qingdao) Leisure Products Co., Ltd (the 
``MacSports'' respondents) (collectively, ``Respondents'').
    On February 18, 2021, the ALJ issued his FID in this investigation. 
The FID found no violation of section 337. For the '824 patent, the FID 
found that GCI established infringement by Denovo's products but failed 
to establish that GCI satisfied the technical prong of the domestic 
industry requirement. The FID also found that Denovo did not establish 
that any of the asserted claims of the '824 patent is invalid. For the 
'611 patent, the FID found that GCI failed to establish infringement by 
Westfield's and MacSports' products but did establish that GCI 
satisfied the technical prong of the domestic industry requirement. The 
FID also found that Westfield and MacSports did not establish that any 
of the asserted claims of the '611 patent is invalid. The FID 
additionally found that GCI established that it satisfied the economic 
prong of the domestic industry requirement for both asserted patents.
    On March 2, 2021 the parties submitted petitions seeking review of 
the FID. On March 10, 2021, the parties submitted responses to the 
others' petitions.
    Having examined the record of this investigation, including the 
FID, the petitions for review, and the responses thereto, the 
Commission has determined to review the FID with respect to (1) all of 
the FID's findings concerning the '824 patent; (2) infringement and 
validity of the '611 patent; and (3) the FID's findings concerning the 
economic prong of the domestic industry requirement. The Commission has 
determined not to review the remainder of the FID.
    On review, the Commission has determined to affirm the FID's 
finding of no violation of section 337 with regard to the '824 patent 
and the '611 patent. In connection with that determination the 
Commission has also determined to modify and supplement certain of the 
FID's subsidiary findings. The Commission has also determined to take 
no position on certain portions of the FID. The Commission opinion is 
issued concurrently herewith.
    The investigation is hereby terminated.
    The Commission vote for this determination took place on May 6, 
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: May 6, 2021.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2021-09989 Filed 5-11-21; 8:45 am]
BILLING CODE 7020-02-P