[Federal Register Volume 88, Number 56 (Thursday, March 23, 2023)]
[Notices]
[Pages 17615-17616]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-05936]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1326]


Certain Robotic Pool Cleaners and Components Thereof; Notice of a 
Commission Determination Not To Review Two Initial Determinations 
Terminating the Remaining Respondents and the Investigation in Its 
Entirety; 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 not to review two initial determinations 
(``IDs'') (Order Nos. 15 and 16) of the presiding administrative law 
judge (``ALJ'') terminating certain respondents based on a consent 
order, terminating the remaining respondents based on partial 
withdrawal of the complaint, and terminating the investigation in its 
entirety. The investigation is terminated.

FOR FURTHER INFORMATION CONTACT: Lynde Herzbach, Office of the General 
Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone (202) 205-3228. 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 September 1, 2022, the Commission 
instituted this investigation under section 337 of the Tariff Act of 
1930, as supplemented, 19 U.S.C. 1337 (``section 337''), based on a 
complaint filed by Zodiac Pool Systems LLC of Carlsbad, California and 
Zodiac Pool Care Europe,

[[Page 17616]]

ZA La Balme of Belberaud, France (collectively, ``Complainants''). See 
87 FR 53788-89 (Sept. 1, 2022). The complaint alleges a violation of 
section 337 based upon the importation into the United States, sale for 
importation, or sale after importation into the United States of 
certain robotic pool cleaners and components thereof by reason of 
infringement of certain claims of U.S. Patent Nos. 8,393,029 and 
8,393,031. Id. at 53789. The complaint further alleges that a domestic 
industry exists. Id. The notice of investigation names four 
respondents, including Wybotics Co. Ltd. d/b/a Winny Pool Cleaner, f/k/
a Tianjin Wangyuan, Environmental Protection and Technology Co., Ltd. 
of Tianjin, China and Tianjin Pool & Spa Corporation of Commerce, 
California (collectively, ``Wybotics''), as well as Shenzhen Aiper 
Intelligent Co., Ltd. of Guangdong Province, China; Aiper Intelligent, 
LLC of Roswell, Georgia; and Aiper, Inc. of Los Angeles, California 
(collectively, ``the Aiper Entities''). Id.
    On February 17, 2023, Complainants filed an unopposed motion to 
terminate this investigation with respect to the Aiper Entities based 
on a consent order stipulation and proposed consent order. No responses 
to the motion were filed.
    On February 20, 2023, Complainants filed an unopposed motion to 
partially withdraw the complaint and terminate this investigation with 
respect to Wybotics, the remaining respondents. No responses to the 
motion were filed.
    On February 21, 2023, the ALJ issued the two subject IDs. See Order 
No. 15 (Feb. 21, 2023); Order No. 16 (Feb. 21, 2023). The first subject 
ID (Order No. 15) grants the motion to terminate the Aiper Entities and 
finds that the unopposed motion, consent order stipulation, and 
proposed consent order satisfy the requirements of Commission Rules 
210.21(c)(3) and (c)(4) (19 CFR 210.21(c)(3), (c)(4)). The first ID 
also finds that termination of the Aiper Entities would not be contrary 
to the public interest. The second subject ID (Order No. 16) grants the 
motion to terminate the Wybotics respondents, and thus the 
investigation in its entirety. The second subject ID finds that 
Complainants meet the requirements of Commission Rule 210.21(a) (19 CFR 
210.21(a)) and there are no extraordinary circumstances that would 
prevent the requested termination of the investigation. The second 
subject ID also finds that termination of the investigation would not 
be contrary to the public interest.
    On February 27, 2023, Wybotics filed a petition for limited review 
of Order No. 16. Specifically, Wybotics seeks review of the quotation 
of Complainants' statement that Wybotics ``will no longer import or 
sell the Accused Products.'' Wybotics did not seek review of the 
finding that the investigation should be terminated. On March 3, 2023, 
Complainants filed a response opposing Wybotics petition.
    The Commission has determined not to review the subject IDs (Order 
Nos. 15 and 16). The Commission has issued a consent order directed to 
the Aiper Entities. The investigation is terminated.
    The Commission vote for this determination took place on March 17, 
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).

    By order of the Commission.

    Issued: March 17, 2023.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2023-05936 Filed 3-22-23; 8:45 am]
BILLING CODE 7020-02-P