[Federal Register Volume 87, Number 153 (Wednesday, August 10, 2022)]
[Notices]
[Pages 48690-48692]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-17111]


-----------------------------------------------------------------------

INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-1283]


Certain Composite Baseball and Softball Bats and Components 
Thereof Notice of a Commission Determination Not To Review an Initial 
Determination Terminating the Investigation With Respect to the Last 
Active Respondent Based on Settlement; Request for Briefing on Remedy, 
Bond, and the Public Interest

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission (the ``Commission'') has determined not to review an initial 
determination (``ID'') (Order No. 23) issued by the presiding 
administrative law judge (``ALJ'') terminating the investigation with 
respect to Juno Athletics LLC (``Juno''), the last active respondent, 
based on settlement. Juno is hereby terminated from this investigation. 
The Commission requests written submissions from the parties, 
interested government agencies, and interested persons on issues of 
remedy, bonding, and the public interest with respect to the respondent 
found in default.

FOR FURTHER INFORMATION CONTACT: Carl P. Bretscher, Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone (202) 205-2382. Copies of non-
confidential documents filed in connection with this investigation may 
be viewed on the Commission's electronic docket system (``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, telephone (202) 205-1810.

SUPPLEMENTARY INFORMATION: The Commission instituted this investigation 
on November 2, 2021, based on a complaint filed and supplemented by 
Easton Diamond Sports, LLC of Thousand Oaks, California (``Easton''). 
86 FR 60468-469 (Nov. 2, 2021). The complaint alleges a violation of 
section 337 of the Tariff Act, as amended, 19 U.S.C. 1337, based on the 
importation, sale for importation, or sale in the United States after 
importation of certain composite baseball and softball bats and 
components thereof by reason of infringement of one or more asserted 
claims of U.S. Patent No. 6,997,826. Id. The complaint further alleges 
the existence of a domestic industry. Id. The Commission's notice of 
investigation names Juno of Aventura, Florida; Monsta Athletics LLC of 
Calimesa, California (``Monsta''); and Proton Sports Inc. of 
Scottsdale, Arizona (``Proton'') as respondents. Id. at 60469. The 
Office of Unfair Import Investigations is not a party to this 
investigation. Id.
    On January 25, 2022, the Commission amended the complaint and 
notice of investigation to add TianChang Zhengmu Aluminum Technology 
Co., Ltd. of Tianching City, China (``TZA'') as a respondent. Order No. 
8 (Dec. 28, 2021), unreviewed by Comm'n Notice (Jan. 25, 2022).
    On February 16, 2022, the Commission terminated TZA from the 
investigation based on withdrawal of the complaint. Order No. 11 (Jan. 
28, 2022), unreviewed by Comm'n Notice (Feb. 16, 2022).

[[Page 48691]]

    On April 12, 2022, the Commission found respondent Proton in 
default. Order No. 13 (March 30, 2022), unreviewed by Comm'n Notice 
(April 12, 2022).
    On July 25, 2022, the Commission terminated Monsta from the 
investigation based on withdrawal of the complaint. Order No. 21 (June 
27, 2022), unreviewed by Comm'n Notice (July 25, 2022).
    On July 8, 2022, Easton and Juno filed a joint motion to terminate 
the investigation with respect to Juno based on a settlement agreement. 
Easton further requested issuance of a limited exclusion order 
(``LEO'') against the defaulting respondent, Proton. Joint Motion to 
Terminate the Investigation as to Respondent Juno Athletics LLC Based 
on Settlement and Motion to Stay the Investigation as to Juno Athletics 
LLC at 3 (July 11, 2022).
    On July 11, 2022, the presiding ALJ issued the subject ID granting 
the motion to terminate the investigation with respect to Juno. Order 
No. 23 (July 11, 2022). The subject ID finds that the joint motion 
complies with the requirements of Commission Rule 210.21(a), (b) (19 
CFR 210.21(a), (b)), in that the settlement agreement completely 
resolves the dispute between Easton and Juno, and there are no other 
agreements, oral or written, express or implied, between the parties 
regarding the subject matter of the investigation. The ID also finds 
that terminating Juno serves the public interest by avoiding litigation 
and conserving public and private resources. The ID further finds that 
terminating Juno is not contrary to the public health and welfare, 
competitive conditions in the U.S. economy, the production of like or 
directly competitive articles in the United States, or U.S. consumers. 
The ID also finds there are no extraordinary circumstances that weigh 
against termination. No party filed a petition for review of the 
subject ID.
    Upon review of the subject ID, the Commission has determined not to 
review, and thereby adopts, the subject ID. The investigation is hereby 
terminated with respect to Juno.
    As Juno was the last active respondent in this investigation, only 
Proton, who was previously found in default, remains. As noted above, 
Easton seeks an LEO against Proton.
    In connection with the final disposition of this investigation, the 
statute authorizes issuance of an order that could result in the 
exclusion of the subject articles from entry into the United States. 
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 (December 1994).
    The statute requires the Commission to consider the effects of any 
remedy upon the public interest. The public interest factors the 
Commission will consider include the effect that an exclusion order 
and/or cease-and-desist order 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 action. 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: Parties to this investigation, interested 
government agencies, and any other interested parties are requested to 
file written submissions on the issues of remedy, the public interest, 
and bonding.
    In its initial submission, Complainant is requested to identify the 
remedy sought and to submit proposed remedial orders for the 
Commission's consideration. Complainant is also requested to provide 
the HTSUS subheadings under which the accused products are imported. 
Complainant is further requested to supply the names of known importers 
of a respondent's products at issue in this investigation. Complainant 
is also requested to identify and explain, from the record, articles 
that it contends are ``components of'' the subject products, and thus 
potentially covered by the proposed remedial orders, if imported 
separately from the subject products. See 86 FR 60468-469. Failure to 
provide this information may result in waiver of any remedy directed to 
``components of'' the subject products, in the event any violation may 
be found.
    The parties' written submissions and proposed remedial orders must 
be filed no later than the close of business on August 26, 2022. Reply 
submissions must be filed no later than the close of business on 
September 5, 2022. Opening submissions are limited to 30 pages. Reply 
submissions are limited to 25 pages. 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 (Mar. 19, 2020). Submissions should refer to the 
investigation number (``Inv. No. 337-TA-1283'') in a prominent place on 
the cover page and/or 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 Commission 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. 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 non-confidential

[[Page 48692]]

written submissions will be available for public inspection at the 
Office of the Secretary and on EDIS.
    The Commission voted to approve this determination on August 4, 
2022.
    The authority for the Commission's determinations 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: August 4, 2022.
Katherine Hiner,
Acting Secretary to the Commission.
[FR Doc. 2022-17111 Filed 8-9-22; 8:45 am]
BILLING CODE 7020-02-P