[Federal Register Volume 87, Number 8 (Wednesday, January 12, 2022)]
[Notices]
[Pages 1785-1786]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-00374]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1261]


Notice of a Commission Determination To Issue Remedial Orders 
Against the Defaulting Respondents; Termination of the Investigation; 
Certain LED Landscape Lighting Devices and Components Thereof

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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[[Page 1786]]

SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined to issue a limited exclusion order and cease 
and desist orders against the respondents found to be in default in 
this investigation, namely, cBright Lighting, Inc. of San Leandro, 
California (``cBright''), Dauer Manufacturing Corp. of Medley, Florida 
(``Dauer''), and FUSA Corp. of Medley, Florida (``FUSA''). The 
Commission has also determined to impose a bond equal to one hundred 
percent (100%) of the entered value of the infringing products imported 
during the period of Presidential review. This investigation is hereby 
terminated.

FOR FURTHER INFORMATION CONTACT: Ronald A. Traud, 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 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 following were 
named as respondents in the investigation: cBright; Dauer; FUSA; 
Shenzhen Wanjia Lighting Co., Ltd. d/b/a WONKA of Shenzhen, China 
(``WONKA''); 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 (``Jiangsu''). Id. The Office of Unfair Import Investigations is 
not a party to the investigation.
    The Commission previously found cBright, Dauer, and FUSA 
(collectively, the ``Defaulting Respondents'') in default. Order No. 13 
(July 9, 2021) (finding cBright in default), unreviewed by Notice (July 
29, 2021); Order No. 14 (Aug. 4, 2021) (finding Dauer and FUSA in 
default), unreviewed by Notice (Aug. 18, 2021). The investigation was 
previously terminated as to all other respondents. Order No. 20 (Sept. 
10, 2021) (terminating the investigation as to Lumien and Jiangsu), 
unreviewed by Notice (Oct. 6, 2021); Order No. 22 (Sept. 24, 2021) 
(terminating the investigation as to CAST), unreviewed by Notice (Oct. 
14, 2021); Order No. 23 (Sept. 24, 2021) (terminating the investigation 
as to WONKA), unreviewed by Notice (Oct. 26, 2021).
    The Commission, in terminating the last active respondent from the 
investigation, also requested briefing on the issues of remedy, the 
public interest, and bonding. Notice (Oct. 26, 2021). On November 9, 
2021, WAC filed a statement on remedy, public interest, and bonding. 
Neither the Defaulting Respondents nor any other interested person 
filed a response to either the Commission's original notice or the 
statement filed by WAC.
    On October 5, 2021, WAC filed a Declaration Seeking Immediate 
Relief Against Defaulting Respondents.
    Upon review of WAC's submission and based upon the request of the 
complainant, and in the absence of any responses from interested 
persons, the Commission has determined to issue a limited exclusion 
order and cease and desist orders against the Defaulting Respondents. 
The Commission finds that the public interest factors do not preclude 
issuance of the requested relief. The Commission has further determined 
to set a bond equal to one hundred percent (100%) of the entered value 
of the covered products. The Commission also denies as moot WAC's 
October 5, 2021, Declaration Seeking Immediate Relief Against 
Defaulting Respondents. This investigation is hereby terminated.
    The Commission vote for this determination took place on January 6, 
2022.
    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: January 6, 2022.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2022-00374 Filed 1-11-22; 8:45 am]
BILLING CODE 7020-02-P