[Federal Register Volume 86, Number 93 (Monday, May 17, 2021)]
[Notices]
[Pages 26741-26742]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-10342]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1155 (Bond Return)]


Certain Luxury Vinyl Tile and Components Thereof; Notice of 
Commission Determination Not To Review an Initial Determination 
Granting Complainants' Motion for Return of Bonds Due to Settlement; 
Return of Bond

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 not to review an initial determination 
(``ID'') (Order No. 37) granting complainants' motion for return of 
bonds posted by Timeless Designs Import LLC (``Timeless Designs'') on 
behalf of respondent Jiangsu Divine Building Technology Development Co. 
Ltd. (``Divine'') during the period of Presidential review. The bonds 
at issue are hereby returned to Timeless Designs.

FOR FURTHER INFORMATION CONTACT: Lynde Herzbach, Office of the General 
Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone (202) 205-3228. 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: On May 16, 2019, the Commission instituted 
this investigation based on a complaint filed by Mohawk Industries, 
Inc. of Calhoun, Georgia; Flooring Industries Ltd. Sarl of Bertrange, 
Luxembourg; and IVC US Inc. of Dalton, Georgia (collectively, 
``Complainants''). 84 FR 22161 (May 16, 2019). The complaint, as 
supplemented, alleges a violation 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 luxury vinyl tiles by 
reason of infringement of certain claims of U.S. Patent Nos. 9,200,460; 
10,208,490; and 10,233,655 (collectively, ``the Asserted Patents''). 
Id. The complaint further alleges that a domestic industry exists. Id. 
The Commission's notice of investigation names forty-five respondents, 
including Divine of Jiangsu, China. Id. The Office of Unfair Import 
Investigations (``OUII'') also participated in the investigation. Id.
    On May 15, 2020, the presiding ALJ issued an ID granting a motion 
for summary determination of a violation of section 337. On September 
16, 2020, the Commission affirmed the ID's finding of a violation. 
Comm'n Op. at 19-20 (Sept. 16, 2020); Order No. 36 (May 15, 2020). The 
Commission issued a general exclusion order (``GEO'') with respect to 
the Asserted Patents. Id. The

[[Page 26742]]

Commission also set a bond of $0.08 per square foot of infringing 
luxury vinyl tile products and components thereof imported during the 
period of Presidential review. Id.
    On January 27, 2021, Complainants filed a motion for the return of 
bonds posted by Timeless Designs on behalf of Divine pursuant to the 
GEO during the presidential review period based on a settlement 
agreement between Complainants and Divine. Timeless Designs is Divine's 
customer. On February 10, 2021, Complainants filed a supplement to the 
pending motion to include a redacted copy of the settlement agreement 
referenced therein between Complainants and Divine. On February 11, 
2021, OUII filed a response supporting the motion as supplemented.
    On March 26, 2021, the ALJ issued the subject ID, which grants 
Complainants' motion for the return of bonds pursuant to Commission 
Rule 210.50(d)(1) (19 CFR 210.50(d)(1)). Order No. 37 (Mar. 26, 2021). 
The ID notes that the presidential review period expired on November 
16, 2020, and the motion, as supplemented, was filed on February 10, 
2021, within 90 days of the expiration of the presidential review 
period. Id. The ID also notes that, pursuant to Commission Rule 
210.50(d)(1), a respondent--not the complainant--is expected to file a 
motion for return of its bond. The ID finds, however, that as the 
motion was filed on behalf of, and with approval by, the respondent, 
Divine, and the settlement between the parties is comprehensive, there 
is no substantive or procedural reason to deny the request to return 
the bond. Id.
    No party petitioned for review of the subject ID.
    The Commission has determined not to review the subject ID. The 
bonds at issue are hereby ordered to be returned to Timeless Designs.
    The Commission vote for this determination took place on May 12, 
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 12, 2021.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2021-10342 Filed 5-14-21; 8:45 am]
BILLING CODE 7020-02-P