[Federal Register Volume 87, Number 213 (Friday, November 4, 2022)]
[Notices]
[Pages 66746-66747]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-24053]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1283]


Certain Composite Baseball and Softball Bats and Components 
Thereof; Notice of a Commission Issuance of a Limited Exclusion Order 
and a Cease and Desist Order Against a Defaulting Respondent; 
Termination of Investigation

AGENCY: U.S. International Trade Commission.

[[Page 66747]]


ACTION: Notice.

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SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has issued a limited exclusion order (``LEO'') against 
infringing products manufactured and/or imported by or on behalf of 
Proton Sports Inc. (``Proton'') of Scottsdale, Arizona, and a cease and 
desist order (``CDO'') against Proton. The investigation is terminated.

FOR FURTHER INFORMATION CONTACT: Clint Gerdine, Office of the General 
Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone (202) 708-2310. 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 (``Easton'') of Thousand Oaks, California. 
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 (``the '826 patent''). Id. The 
complaint further alleges the existence of a domestic industry. Id. The 
Commission's notice of investigation (``NOI'') names Proton; Juno 
Athletics LLC (``Juno'') of Aventura, Florida; and Monsta Athletics LLC 
(``Monsta'') of Calimesa, California 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 NOI 
to add TianChang Zhengmu Aluminum Technology Co., Ltd. (``TZA'') of 
Tianching City, China as a respondent. See 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. See Order No. 11 (Jan. 28, 2022), unreviewed by Comm'n 
Notice (Feb. 16, 2022).
    On April 12, 2022, the Commission found Proton in default for 
failure to respond to the complaint and NOI and for failure to respond 
to these order to show cause why it should not be found in default for 
failing to respond to the complaint and NOI (Order No. 7). See Order 
No. 13 (March 30, 2022), unreviewed by Comm'n Notice (April 12, 2022).
    On July 25, 2022, the Commission terminated respondent Monsta from 
the investigation based on withdrawal of the complaint. See Order No. 
21 (June 27, 2022), unreviewed by Comm'n Notice (July 25, 2022).
    On July 11, 2022, the currently presiding ALJ issued Order No. 23, 
which terminated the investigation as to the last participating 
respondent, Juno, based on a settlement agreement. Easton did not 
request issuance of a general exclusion order. The Commission 
determined not to review Order No. 23 and requested written submissions 
on the issues of remedy, the public interest, and bonding with respect 
to Proton. 87 FR 48690-91 (Aug. 10, 2022).
    On August 26, 2022, Easton submitted briefing responsive to the 
Commission's request. Easton argued that the Commission should issue an 
LEO directed to Proton's infringing products and a CDO directed to 
Proton. No other submissions were received.
    When the conditions in section 337(g)(1)(A)-(E) (19 U.S.C. 
1337(g)(1)(A)-(E)) have been satisfied, section 337(g)(1) and 
Commission Rule 210.16(c) (19 CFR 210.16(c)) direct the Commission, 
upon request, to issue a limited exclusion order or a cease and desist 
order or both against a respondent found in default, based on the 
allegations regarding a violation of section 337 in the Complaint, 
which are presumed to be true, unless after consideration of the public 
interest factors in section 337(g)(1), it finds that such relief should 
not issue.
    Having reviewed the record in the investigation, including written 
submissions from Easton, the Commission has determined pursuant to 
section 337(g)(1) that the appropriate remedy in this investigation is 
an LEO directed to the defaulting respondent prohibiting the unlicensed 
entry of composite baseball and softball bats and components thereof 
that infringe one or more of claims 1-5, 9-12, 14-15, and 18-19 of the 
'826 patent, and that are manufactured abroad by or on behalf of, or 
imported by or on behalf of Proton, or any of its affiliated companies, 
parents, subsidiaries, or other related business entities, or their 
successors or assigns.
    The Commission has also determined to issue a CDO prohibiting 
Proton from conducting any of the following activities in the United 
States: importing, selling, marketing, advertising, distributing, 
offering for sale, transferring (except for exportation), and 
soliciting U.S. agents or distributors for composite baseball and 
softball bats and components thereof that infringe one or more of 
claims 1-5, 9-12, 14-15, and 18-19 of the '826 patent.
    The Commission has further determined that the public interest 
factors enumerated in section 337(g)(1) do not preclude issuance of the 
LEO or CDO. Finally, the Commission has determined that a bond in the 
amount of 100 percent of the entered value of the covered products is 
required during the period of Presidential review (19 U.S.C. 1337(j)). 
The Commission's order was delivered to the President and to the United 
States Trade Representative on the day of its issuance.
    The Commission voted to approve this determination on November 1, 
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: November 1, 2022.
Katherine Hiner,
Acting Secretary to the Commission.
[FR Doc. 2022-24053 Filed 11-3-22; 8:45 am]
BILLING CODE 7020-02-P