[Federal Register Volume 88, Number 72 (Friday, April 14, 2023)]
[Notices]
[Pages 23096-23097]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-07871]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1358]
Certain LED Landscape Lighting Devices, Components Thereof, and
Products Containing Same; Institution of Investigation
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
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SUMMARY: Notice is hereby given that a complaint was filed with the
U.S. International Trade Commission on March 10, 2023, under section
337 of the Tariff Act of 1930, as amended, on behalf of Wangs Alliance
Corporation d/b/a WAC Lighting of Port Washington, New York. A
supplement was filed on March 23, 2023. The complaint, as supplemented,
alleges violations 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 LED landscape lighting devices,
components thereof, and products containing same by reason of the
infringement of certain claims of U.S. Patent No. 10,920,971 (the ``
'971 Patent''), U.S. Patent No. 10,969,088 (the `` '088 Patent''), and
11,274,816 (the `` '816 Patent''). The complaint further alleges that
an industry in the United States exists as required by the applicable
Federal Statute. The complainant requests that the Commission institute
an investigation and, after the investigation, issue a limited
exclusion order and a cease and desist order.
ADDRESSES: The complaint, except for any confidential information
contained therein, may be viewed on the Commission's electronic docket
(EDIS) at https://edis.usitc.gov. For help accessing EDIS, please email
[email protected]. Hearing impaired individuals are advised that
information on this matter can be obtained by contacting the
Commission's TDD terminal on (202) 205-1810. Persons with mobility
impairments who will need special assistance in gaining access to the
Commission should contact the Office of the Secretary at (202) 205-
2000. General information concerning the Commission may also be
obtained by accessing its internet server at https://www.usitc.gov.
FOR FURTHER INFORMATION CONTACT: Katherine Hiner, Office of the
Secretary, Docket Services Division, U.S. International Trade
Commission, telephone (202) 205-1802.
SUPPLEMENTARY INFORMATION: Authority: The authority for institution of
this investigation is contained in section 337 of the Tariff Act of
1930, as amended, 19 U.S.C. 1337, and in section 210.10 of the
Commission's Rules of Practice and Procedure, 19 CFR 210.10 (2022).
Scope of Investigation: Having considered the complaint, the U.S.
International Trade Commission, on April 10, 2023, ordered that--
(1) Pursuant to subsection (b) of section 337 of the Tariff Act of
1930, as amended, an investigation be instituted to determine whether
there is a violation of subsection (a)(1)(B) of
[[Page 23097]]
section 337 in the importation into the United States, the sale for
importation, or the sale within the United States after importation of
certain products identified in paragraph (2) by reason of infringement
of one or more of claims 1-5, 7-12, and 14 of the '971 patent; claims
1-5, 7-11, and 13-16 of the '088 patent; and claims 1-5 of the '816
patent; and whether an industry in the United States exists as required
by subsection (a)(2) of section 337;
(2) Pursuant to section 210.10(b)(1) of the Commission's Rules of
Practice and Procedure, 19 CFR 210.10(b)(1), the plain language
description of the accused products or category of accused products,
which defines the scope of the investigation, is ``LED landscape
devices, lights, fixtures, components thereof, and products containing
the same, specifically LED circuits, LED drivers, LED modules,
housings, mechanical housings, driver housings, optics, lenses, dimming
knobs, and stakes'';
(3) For the purpose of the investigation so instituted, the
following are hereby named as parties upon which this notice of
investigation shall be served:
(a) The complainant is: Wangs Alliance Corporation d/b/a, WAC
Lighting, 44 Harbor Park Drive, Port Washington, New York 11050.
(b) The respondent is the following entity alleged to be in
violation of section 337, and is the party upon which the complaint is
to be served: Hinkley Lighting, Inc., 33000 Pin Oak Parkway, Avon Lake,
Ohio 44012.
(4) For the investigation so instituted, the Chief Administrative
Law Judge, U.S. International Trade Commission, shall designate the
presiding Administrative Law Judge.
The Office of Unfair Import Investigations is not participating as
a party to this investigation.
Responses to the complaint and the notice of investigation must be
submitted by the named respondent in accordance with section 210.13 of
the Commission's Rules of Practice and Procedure, 19 CFR 210.13.
Pursuant to 19 CFR 201.16(e) and 210.13(a), as amended in 85 FR 15798
(March 19, 2020), such responses will be considered by the Commission
if received not later than 20 days after the date of service by the
complainant of the complaint and the notice of investigation.
Extensions of time for submitting responses to the complaint and the
notice of investigation will not be granted unless good cause therefor
is shown.
Failure of the respondent to file a timely response to each
allegation in the complaint and in this notice may be deemed to
constitute a waiver of the right to appear and contest the allegations
of the complaint and this notice, and to authorize the administrative
law judge and the Commission, without further notice to the respondent,
to find the facts to be as alleged in the complaint and this notice and
to enter an initial determination and a final determination containing
such findings, and may result in the issuance of an exclusion order or
a cease and desist order or both directed against the respondent.
By order of the Commission.
Issued: April 10, 2023.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2023-07871 Filed 4-13-23; 8:45 am]
BILLING CODE 7020-02-P