[Federal Register Volume 88, Number 26 (Wednesday, February 8, 2023)]
[Notices]
[Pages 8315-8317]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-02635]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1290]


Certain Refrigerator Water Filtration Devices and Components 
Thereof; Notice of Commission Decision Not To Review an Initial 
Determination Partially Terminating the Investigation as to Certain 
Respondents Based on Settlement; Request for Written Submissions on 
Remedy, the Public Interest, and Bonding

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. 47) of the presiding Chief Administrative Law Judge 
(``Chief ALJ'') terminating the above-captioned investigation as to 
respondents Yunda H&H Tech (Tianjin) Co., LTD. of Tianjinshi, China; 
Tianjin Tianchuang Best Pure Environmental Science And Technology Co. 
Ltd. of Tianjin, China; Top Pure (Usa) Inc. of Pico Rivera, California; 
and W&L Trading LLC of Frisco, Texas (collectively, ``Third Settling 
Respondents'') based on settlement. The Commission has also determined 
to request written submissions from the parties, interested government 
agencies, and interested persons, under the schedule set forth below, 
on remedy, the public interest, and bonding concerning the defaulting 
respondents.

FOR FURTHER INFORMATION CONTACT: Houda Morad, Office of the General 
Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone (202) 708-4716. 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: On January 21, 2022, the Commission 
instituted this investigation under section 337 of the Tariff Act of 
1930, as amended, 19 U.S.C. 1337 (``section 337''), based on a 
complaint filed by LG

[[Page 8316]]

Electronics Inc. of Seoul, Republic of Korea, and LG Electronics 
Alabama, Inc. of Huntsville, Alabama (collectively, ``Complainants''). 
See 87 FR 3331-33 (Jan. 21, 2022). The complaint, as supplemented, 
alleges a violation of section 337 based upon the importation into the 
United States, the sale for importation, and the sale within the United 
States after importation of certain refrigerator water filtration 
devices and components thereof by reason of infringement of certain 
claims of U.S. Patent Nos. 10,653,984; 10,639,570 (``the '570 
patent''); and 10,188,972 (``the '972 patent''). See id. In addition to 
the Third Settling Respondents, the notice of investigation names the 
following respondents: (1) Qingdao Ecopure Filter Co., Ltd of Qingdao, 
China; Qingdao Maxwell Commercial and Trading Company Ltd of Qingdao 
Chengyang, China; and Qingdao Uniwell Trading Co., Ltd. of Qingdao, 
China (collectively, ``First Settling Respondents''); (2) Express Parts 
LLC of Keyport, New Jersey; Ningbo Haishu Keze Replacement Equipment 
Co., Ltd. of Ningboshi, China; Ningbo Bichun Technology Co., Ltd. 
(formerly Ningbo Haishu Bichun Technology Co., Ltd.) of Ningbo City, 
China; Ningbo Haishu Shun'anjie Water Purification Equipment LLC of 
Ningbo, China; Shenzhen Yu Tian Qi Technology Co., Ltd. of Shenzhen, 
China; and AGA Imports LLC d/b/a ClearWater Filters of Lakewood, New 
Jersey (collectively, ``Second Settling Respondents''); (3) Freshlab 
LLC of Gainesville, Florida; Isave Strategic Marketing Group LLC of New 
York, New York; GT Sourcing Inc. of Monsey, New York; and Refresh 
Filters LLC of New York, New York (collectively, ``First Defaulting 
Respondents''); (4) All Filters LLC of Salt Lake City, Utah; Jiangsu 
Angkua Environmental Technical Co., Ltd. of Nantong, China 
(``Jiangsu''); and Shenzen Hangling E-Commerce Co. Ltd of Elmhurst, 
Illinois (collectively, ``Second Defaulting Respondents''); (5) JJ 
Imports LLC of Elmwood Park, New Jersey (``JJ Imports''); (6) Aicuiying 
of Shenzhen, China; Liu Qi of Luliang City, China; 
Lvliangshilishiquhuiliwujinbaihuoshan Ghang of Luliang, China; and 
Zhenpingxianjiaxuanyazhubaofuzhu Anggongyipinyouxia of Wuhanshi, China 
(collectively, ``Unserved Respondents''); (7) 
Qinghaishunzexiaofangjianceyouxiang Ongsi of Xining City, China; and 
Zhang Ping of Dongyang, China (collectively, ``Third Defaulting 
Respondents''); and (8) Pursafet Water Filter (Wuhan) Inc. of Wuhan, 
China (``Pursafet''). See id. The Office of Unfair Import 
Investigations (``OUII'') is also a party to the investigation. See id.
    On April 12, 2022, the Commission terminated the investigation as 
to JJ Imports based on the entry of a consent order. See Order No. 14 
(Mar. 30, 2022), unreviewed by Comm'n Notice (Apr. 12, 2022). On June 
28, August 29, and December 2, 2022, respectively, the Commission found 
the First, Second, and Third Defaulting Respondents in default for 
failure to respond to the complaint, notice of investigation, and 
orders to show cause. See Order No. 22 (June 3, 2022), unreviewed by 
Comm'n Notice (June 28, 2022); Order No. 28 (July 28, 2022), unreviewed 
by Comm'n Notice (Aug. 29, 2022); Order No. 40 (Nov. 2, 2022), 
unreviewed by Comm'n Notice (Dec. 2, 2022). On October 20 and November 
8, 2022, respectively, the Commission terminated the investigation as 
to the First and Second Settling Respondents. See Order No. 37 (Sept. 
28, 2022), unreviewed by Comm'n Notice (Oct. 20, 2022); Order No. 38 
(Oct. 7, 2022), unreviewed by Comm'n Notice (Nov. 8, 2022). On December 
2, 2022, the Commission partially terminated the investigation as to 
the Unserved Respondents based on the withdrawal of the complaint as to 
those respondents. See Order No. 39 (Nov. 2, 2022), unreviewed by 
Comm'n Notice (Dec. 2, 2022). On December 21, 2022, the Commission 
partially terminated the investigation as to Pursafet for good cause 
based on dissolution of the corporation. See Order No. 43 (Dec. 2, 
2022), unreviewed by Comm'n Notice (Dec. 21, 2022).
    On September 16, 2022, the Commission partially terminated the 
investigation as to the '972 patent in its entirety. See Order No. 31 
(Aug. 16, 2022), unreviewed by Comm'n Notice (Sept. 16, 2022). On 
October 3, 2022, the Commission partially terminated the investigation 
as to claims 2-8 of the '570 patent. See Order No. 35 (Sept. 19, 2022), 
unreviewed by Comm'n Notice (Oct. 3, 2022).
    On December 22, 2022, Complainants and the Third Settling 
Respondents (collectively, ``the Moving Parties'') filed an unopposed 
corrected joint motion to partially terminate the investigation as to 
the Third Settling Respondents. On December 23, 2022, OUII filed a 
response in support of the motion. No other response was received.
    On January 4, 2023, the Chief ALJ issued the subject ID (Order No. 
47) granting the joint motion and staying the procedural schedule as to 
the Third Settling Respondents. The ID finds that the joint motion 
complies with the requirements of Commission Rule 210.21(b), 19 CFR 
210.21(b). See ID at 2-3. In particular, the Moving Parties included 
public and confidential versions of the settlement agreement. See id. 
In addition, the Moving Parties represent that ``[t]here are no other 
agreements, written or oral, express or implied, between the [Moving] 
Parties concerning the subject matter of this Investigation.'' See id. 
The ID also finds no evidence that terminating this investigation on 
the basis of settlement would adversely affect the public interest. See 
id. at 3. The ID further finds that good cause exists for limiting the 
service of the confidential version of the settlement agreement to the 
Moving Parties and OUII. See id. at 4. Because no participating 
respondent remains in the investigation, the ID also terminates the 
investigation in its entirety. See id. at 7. The ID further notes that 
Complainants have withdrawn their request for a general exclusion order 
and denies as moot Complainants' motion for a recommended determination 
as to the defaulting respondents. See id. No petition for review of the 
subject ID was filed.
    The Commission has determined not to review the subject ID.
    Furthermore, on January 11, 2023, Complainants filed a Declaration 
under Commission Rule 210.16 (19 CFR 210.16) requesting the immediate 
entry of a limited exclusion order against the defaulting respondents 
and cease and desist orders against the defaulting respondents except 
Jiangsu. Complainants also indicated, pursuant to 19 CFR 210.16(c)(2), 
that they are not seeking a general exclusion order. No response to 
Complainants' Declaration was received.
    Commission Rule 210.16(c)(1) provides that ``[a]fter a respondent 
has been found in default by the Commission, the complainant may file 
with the Commission a declaration that it is seeking immediate entry of 
relief against the respondent in default'' and ``[t]he facts alleged in 
the complaint will be presumed to be true with respect to the 
defaulting respondent.'' See 19 CFR 210.16. In addition, ``[t]he 
Commission may issue an exclusion order, a cease and desist order, or 
both, affecting the defaulting respondent only after considering the 
effect of such order(s) upon the public health and welfare, competitive 
conditions in the U.S. economy, the production of like or directly 
competitive articles in the United States, and U.S. consumers, and 
concluding that the order(s) should still be issued in light of the 
aforementioned public interest factors.'' See id.
    Accordingly, the Commission has determined to request written

[[Page 8317]]

submissions from the parties, interested government agencies, and 
interested persons, under the schedule set forth below, on remedy, the 
public interest, and bonding. More specifically, 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).
    If the Commission contemplates some form of remedy, it must 
consider the effects of that remedy upon the public interest. The 
factors the Commission will consider include the effect that an 
exclusion order and/or 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 
or 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: Parties 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. Complainants are also requested to submit proposed 
remedial orders for the Commission's consideration. Complainants are 
further requested to provide the HTSUS numbers under which the accused 
products are imported, and to supply the names of known importers of 
the products at issue in this investigation.
    Written submissions and proposed remedial orders must be filed no 
later than close of business on February 13, 2023. Reply submissions 
must be filed no later than the close of business on February 20, 2023. 
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-1290'') 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. 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 written submissions will be available 
for public inspection at the Office of the Secretary and on EDIS.
    The Commission's vote for these determinations took place on 
February 2, 2023.
    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: February 2, 2023.
Katherine Hiner,
Acting Secretary to the Commission.
[FR Doc. 2023-02635 Filed 2-7-23; 8:45 am]
BILLING CODE 7020-02-P