[Federal Register Volume 86, Number 207 (Friday, October 29, 2021)]
[Notices]
[Pages 60069-60070]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-23632]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1261]


Certain LED Landscape Lighting Devices and Components Thereof; 
Commission Determination Not to Review an Initial Determination 
Terminating the Investigation as to Shenzhen Wanjia Lighting Co., Ltd. 
d/b/a Wonka Based on a Consent Order; Issuance of a Consent Order; 
Request for Written Submissions on Remedy, the Public Interest, and 
Bonding With Respect to the Defaulted Respondents

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. 23) of the presiding administrative law judge 
(``ALJ'') granting a joint, unopposed motion to terminate Shenzhen 
Wanjia Lighting Co., Ltd. d/b/a WONKA of Shenzhen, China (``WONKA'') 
based on a consent order. WONKA is terminated from the investigation. 
The Commission has issued a consent order to WONKA. The Commission 
requests written submissions from the parties, interested government 
agencies, and other interested persons on the issues of remedy, the 
public interest, and bonding, under the schedule set forth below.

FOR FURTHER INFORMATION CONTACT: Ronald A. Traud, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone (202) 205-3427. 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 April 13, 2021, based on a complaint, as supplemented, filed on 
behalf of Wangs Alliance Corporation, d/b/a WAC Lighting (``WAC''). 86 
FR 19282 (Apr. 13, 2021). The complaint alleged a violation of section 
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, based upon 
the importation into the United States, the sale for importation, and 
the sale within the United States after importation of certain LED 
landscape lighting devices and components thereof by reason of 
infringement of certain claims of U.S. Patent Nos. 10,571,101 and 
10,920,971. Id. The complaint further alleged that an industry in the 
United States exists as required by section 337. Id. The Commission 
named seven respondents: WONKA; cBright Lighting, Inc. of San Leandro, 
California (``cBright''); Dauer Manufacturing Corp. of Medley, Florida 
(``Dauer''); FUSA Corp. of Medley, Florida (``FUSA''); CAST Lighting 
LLC of Hawthorne, New Jersey (``CAST''); Lumien Enterprise, Inc. d/b/a 
Lumien Lighting of Acworth, Georgia (``Lumien''); and Jiangsu Sur 
Lighting Co., Ltd. of Jiangsu Province, China (with Lumien, the 
``Lumien Respondents''). Id. The Office of Unfair Import Investigations 
is not named as a party in this investigation. Id.
    This investigation has been terminated as to the Lumien Respondents 
and CAST; and cBright, Dauer, and FUSA have been found to be in 
default. Order No. 13 (July 9, 2021), unreviewed by Notice (July 29, 
2021); Order No. 14 (Aug. 4, 2021), unreviewed by Notice (Aug. 18, 
2021); Order No. 20 (Sept. 10, 2021), unreviewed by Notice (Oct. 6, 
2021); Order No. 22 (Sept. 24, 2021), unreviewed by Notice (Oct. 14, 
2021).
    On September 21, 2021, WAC and WONKA filed a joint, unopposed 
motion to terminate this investigation with respect to WONKA based on a

[[Page 60070]]

consent order stipulation and a proposed consent order.
    On September 24, 2021, the ALJ issued Order No. 23, the subject ID, 
which grants the motion. The subject ID found that the joint motion, 
consent order stipulation, and proposed consent order satisfy the 
requirements of Commission Rule 210.21, paragraphs (c)(3) and (c)(4) 
(19 CFR 210.21(c)(3), (c)(4)). The ID also found that termination of 
WONKA would not be contrary to the public interest.
    The Commission has determined not to review the subject ID. WONKA 
is terminated from the investigation. The Commission has issued a 
consent order to WONKA.
    In connection with the final disposition of this investigation, the 
statute authorizes issuance of, inter alia, (1) an exclusion order that 
could result in the exclusion of the subject articles from entry into 
the United States; and/or (2) cease and desist orders that could result 
in the respondents being required to cease and desist from engaging in 
unfair acts in the importation and sale of such articles. Accordingly, 
the Commission is interested in receiving written submissions that 
address the form of remedy, if any, that should be ordered. If a party 
seeks exclusion of an article from entry into the United States for 
purposes other than entry for consumption, the party should so indicate 
and provide information establishing that activities involving other 
types of entry either are adversely affecting it or likely to do so. 
For background, see Certain Devices for Connecting Computers via 
Telephone Lines, Inv. No. 337-TA-360, USITC Pub. No. 2843, Comm'n Op. 
at 7-10 (Dec. 1994).
    The statute requires the Commission to consider the effects of that 
remedy upon the public interest. The public interest factors the 
Commission will consider include the effect that an exclusion order and 
cease and desist orders would have on: (1) The public health and 
welfare, (2) competitive conditions in the U.S. economy, (3) U.S. 
production of articles that are like or directly competitive with those 
that are subject to investigation, and (4) U.S. consumers. The 
Commission is therefore interested in receiving written submissions 
that address the aforementioned public interest factors in the context 
of this investigation.
    If the Commission orders some form of remedy, the U.S. Trade 
Representative, as delegated by the President, has 60 days to approve, 
disapprove, or take no action on the Commission's determination. See 
Presidential Memorandum of July 21, 2005, 70 FR 43251 (July 26, 2005). 
During this period, the subject articles would be entitled to enter the 
United States under bond, in an amount determined by the Commission and 
prescribed by the Secretary of the Treasury. The Commission is 
therefore interested in receiving submissions concerning the amount of 
the bond that should be imposed if a remedy is ordered.
    Written Submissions: The complainant to the investigation, 
interested government agencies, and any other interested parties are 
encouraged to file written submissions on the issues of remedy, the 
public interest, and bonding.
    In their initial submissions, Complainant is also requested to 
identify the remedy sought and to submit proposed remedial orders for 
the Commission's consideration. Complainant is further requested to 
state the dates that the Asserted Patents expire, to provide the HTSUS 
subheadings under which the accused products are imported, and to 
supply the identification information for all known importers of the 
products at issue in this investigation. The initial written 
submissions and proposed remedial orders must be filed no later than 
close of business on November 9, 2021. Reply submissions must be filed 
no later than the close of business on November 16, 2021. No further 
submissions on any of these issues will be permitted unless otherwise 
ordered by the Commission.
    Persons filing written submissions must file the original document 
electronically on or before the deadlines stated above. The 
Commission's paper filing requirements in 19 CFR 210.4(f) are currently 
waived. 85 FR 15798 (March 19, 2020). Submissions should refer to the 
investigation number (Inv. No. 337-TA-1261) in a prominent place on the 
cover page and/or the first page. (See Handbook for Electronic Filing 
Procedures, https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf). Persons with questions regarding 
filing should contact the Secretary, (202) 205-2000.
    Any person desiring to submit a document to the Commission in 
confidence must request confidential treatment by marking each document 
with a header indicating that the document contains confidential 
information. This marking will be deemed to satisfy the request 
procedure set forth in Rules 201.6(b) and 210.5(e)(2) (19 CFR 201.6(b) 
& 210.5(e)(2)). Documents for which confidential treatment by the 
Commission is properly sought will be treated accordingly. A redacted 
non-confidential version of the document must also be filed 
simultaneously with any confidential filing. All information, including 
confidential business information and documents for which confidential 
treatment is properly sought, submitted to the Commission for purposes 
of this investigation may be disclosed to and used: (i) By the 
Commission, its employees and Offices, and contract personnel (a) for 
developing or maintaining the records of this or a related proceeding, 
or (b) in internal investigations, audits, reviews, and evaluations 
relating to the programs, personnel, and operations of the Commission 
including under 5 U.S.C. Appendix 3; or (ii) by U.S. government 
employees and contract personnel, solely for cybersecurity purposes. 
All contract personnel will sign appropriate nondisclosure agreements. 
All nonconfidential written submissions will be available for public 
inspection on EDIS.
    The Commission vote for this determination took place on October 
26, 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).
    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 26, 2021.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2021-23632 Filed 10-28-21; 8:45 am]
BILLING CODE 7020-02-P