[Federal Register Volume 87, Number 145 (Friday, July 29, 2022)]
[Notices]
[Pages 45799-45800]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-16262]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1244]


Certain Batteries and Products Containing Same; Notice of a 
Commission Final Determination of Violation of Section 337; Issuance of 
a General Exclusion Order; Termination of 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 that there is a violation of Section 337 of 
the Tariff Act of 1930, as amended, in the above-captioned 
investigation. The Commission has issued a general exclusion order 
(``GEO'') barring entry of certain batteries and products containing 
same that infringe the patents asserted in this investigation. The 
Commission has terminated this investigation.

FOR FURTHER INFORMATION CONTACT: Michael Liberman, Esq., 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 February 5, 2021, under Section 337 of the Tariff Act of 1930, as 
amended, 19 U.S.C. 1337 (``Section 337''), based on a complaint filed 
by One World Technologies, Inc. (``One World'') and Techtronic Power 
Tools Technology Ltd. (``TTT'') (collectively, ``Complainants''). 86 FR 
8379-80 (Feb. 5, 2021). The complaint, as supplemented, alleges a 
violation of Section 337 based upon the importation into the United 
States, the sale for importation, or the sale within the United States 
after importation of certain batteries and products containing same by 
reason of infringement of the sole claims of U.S. Patent Nos. D579,868 
(``the '868 patent''); D580,353 (``the '353 patent''); and D593,944 
(``the '944 patent''). Id. at 8379. The complaint further alleges that 
a domestic industry exists. Id. The notice of investigation (``NOI'') 
names thirteen (13) respondents: Darui Development Limited (``Darui 
Development''); Dongguan Xinjitong Electronic Technology Co., Ltd. 
(``Dongguan Electronic''); Shenzhen Laipaili Electronics Co., Ltd.; 
Shenzhen MingYang Creation Electronic Co., Ltd.; Shenzhen Rich Hao Yuan 
Energy Technology Co., Ltd. (``Shenzhen Rich Hao''); Shenzhen 
Runsensheng Trading Co., Ltd.; Shenzhen Saen Trading Co., Ltd. 
(``Shenzhen Saen''); Shenzhen Shengruixiang E-Commerce Co., Ltd.; 
Shenzhen Uni-Sun Electronics Co., Ltd.; and Shenzhen Vmartego 
Electronic Commerce Co., Ltd. (collectively, the ``Defaulted 
Respondents''); Shenzhen Liancheng Weiye Industrial Co., Ltd.; Shenzhen 
Ollop Technology Co. Ltd.; and Shenzhen Tuo Yu Technology Co., Ltd. Id. 
The Office of Unfair Import Investigations (``OUII'') is participating 
in this investigation. Id.
    On May 17, 2021, Commission terminated the investigation based upon 
the withdrawal of the complaint with respect to respondents Shenzhen 
Liancheng Weiye Industrial Co., Ltd., Shenzhen Ollop Technology Co. 
Ltd., and Shenzhen Tuo Yu Technology Co., Ltd., after Complainants were 
unable to serve these respondents with copies of the Complaint and NOI. 
Order No. 7 (Apr. 21, 2021), unreviewed by Notice (May 17, 2021).
    On April 20, 2021, Complainants filed a motion for an order to show 
cause why the remaining ten (10) named respondents (i.e., the Defaulted 
Respondents) should not be found in default after failing to respond to 
the Complaint and NOI, which had been duly served upon them. On May 4, 
2021, the motion was granted and an order to show cause was issued. 
Order No. 8 (May 4, 2021). On June 3, 2021, after they failed to 
respond to the order to show cause, ALJ issued an ID finding all ten 
Defaulted Respondents to be in default. Order No. 9 (June 3, 2021), 
unreviewed by Notice (June 23, 2021).
    On June 21, 2021, Complainants moved for a summary determination of 
violation of Section 337 by the Defaulted Respondents and for a 
recommended determination recommending entry of a GEO and a bond at the 
rate of 100 percent during the Presidential review period. Complainants 
did not request issuance of any cease and desist orders.
    On July 16, 2021, OUII filed a response to Complainants' motion 
supporting a finding of summary

[[Page 45800]]

determination against only four (4) of the Defaulted Respondents: Darui 
Development, Dongguan Electronic, Shenzhen Rich Hao, and Shenzhen Saen. 
Specifically, OUII argued Complainants did not sufficiently connect the 
importation, sale, or sale after importation of certain of the Accused 
Products to the Defaulted Respondents. Otherwise, OUII stated it 
generally supports a finding that Complainants have satisfied the 
economic prong of the domestic industry requirement under Section 
337(a)(3)(A) and (B) (19 U.S.C. 1337(a)(3)(A), (B)) and also supports 
Complainants' remedy requests.
    On March 25, 2022, the presiding administrative law judge (``ALJ'') 
issued an initial determination (Order No. 15) granting in part and 
denying in part Complainants' motion for summary determination. The ID 
finds that Complainants have shown by reliable, probative, and 
substantial evidence that a violation of Section 337 has occurred with 
respect to the Asserted Patents as to the following four Defaulted 
Respondents: Darui Development, Dongguan Electronic, Shenzhen Rich Hao, 
and Shenzhen Saen. The ID finds that no violation has been established 
as to any other respondent. The ALJ's recommended determination on 
remedy and bonding (``RD'') recommends issuance of a GEO with respect 
to the asserted patents. The RD does not recommend issuance of any 
cease and desist order.
    On April 6, 2022, OUII petitioned for review of certain aspects of 
the subject ID. No other petitions or responses to petitions were 
filed.
    On May 11, 2022, the Commission determined to review the subject ID 
in part. See 87 FR 29879-80 (May 17, 2022). Specifically, the 
Commission determined to review the ID's finding regarding the economic 
prong of the domestic industry requirement and requested briefing. Id. 
at 29880. In addition, the Commission determined to review in part the 
ID for the limited purpose of making certain corrections in the ID. Id. 
The Commission also requested written submissions on remedy, the public 
interest, and bonding. Id.
    On May 25, 2022, Complainants and OUII filed their opening written 
submissions on the issue under review and on remedy, the public 
interest, and bonding. On June 1, 2022, OUII filed a reply remedy 
submission. No other submissions were received by the Commission.
    Having reviewed the submissions filed in response to the Commission 
notice, see id., and the evidentiary record, the Commission has 
determined to affirm the ID's finding of a violation of Section 337 in 
this investigation. The Commission has also determined that the 
appropriate form of relief in this investigation is a GEO prohibiting 
the unlicensed importation of certain batteries and products containing 
same that infringe the '868 patent, the '353 patent, and the '944 
patent.
    The Commission has further determined that the public interest 
factors enumerated in Subsection (d)(1) (19 U.S.C. 1337(d)(1)) do not 
preclude issuance of the above-referenced remedial order. Finally, the 
Commission has determined that a bond in the amount of one hundred 
(100) percent of the entered value is required to permit temporary 
importation of the articles in question during the period of 
Presidential review (19 U.S.C. 1337(j)). The investigation is 
terminated.
    The Commission's order and the record upon which it based its 
determination were delivered to the President and to the United States 
Trade Representative on the day of their issuance. The Commission has 
also notified the Secretary of the Treasury of the order.
    The Commission vote for this determination took place on July 25, 
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.

    By order of the Commission.

    Issued: July 25, 2022.
Katherine M. Hiner,
Acting Secretary to the Commission.
[FR Doc. 2022-16262 Filed 7-28-22; 8:45 am]
BILLING CODE 7020-02-P