[Federal Register Volume 88, Number 72 (Friday, April 14, 2023)]
[Notices]
[Pages 23093-23095]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-07932]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1290]


Certain Refrigerator Water Filtration Devices and Components 
Thereof; Notice of Commission Final Determination To Issue a Limited 
Exclusion Order and Cease and Desist Orders; Termination of the 
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 to issue a limited exclusion order (``LEO'') 
barring entry of certain infringing refrigerator water filtration 
devices and components thereof that are imported by or on behalf of: 
Freshlab LLC of Gainesville, Florida; Isave Strategic Marketing Group 
LLC d/b/a Isave of New York, New York; GT Sourcing Inc. d/b/a GT 
Sourcing of Monsey, New York; Refresh Filters LLC d/b/a Refresh My 
Water of New York, New York; All Filters LLC d/b/a Allfilters of Salt 
Lake City, Utah; Jiangsu Angkua Environmental Technical Co., Ltd. of 
Nantong, China (``Jiangsu''); Shenzen Hangling E-Commerce Co. Ltd d/b/a 
Best Belvita of Elmhurst, Illinois;

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Qinghaishunzexiaofangjianceyouxiang Ongsi d/b/a Ezeey of Xining City, 
China; and Zhang Ping d/b/a Ice Water Filter of Dongyang, China 
(collectively, ``Defaulting Respondents''). The Commission has also 
determined to issue cease and desist orders (``CDOs'') against all of 
the Defaulting Respondents except Jiangsu. The investigation is 
terminated.

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 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 (``the 
'984 patent''); 10,639,570 (``the '570 patent''); and 10,188,972 (``the 
'972 patent''). See id. In addition to the Defaulting 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''); (4) JJ Imports LLC of Elmwood Park, New Jersey 
(``JJ Imports''); (5) Aicuiying of Shenzhen, China; Liu Qi of Luliang 
City, China; Lvliangshilishiquhuiliwujinbaihuoshan Ghang of Luliang, 
China; and Zhenpingxianjiaxuanyazhubaofuzhu Anggongyipinyouxia of 
Wuhanshi, China (collectively, ``Unserved Respondents''); (6) 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''); and (7) 
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 September 16, 2022, the Commission partially terminated the 
investigation as to the '972 patent. 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). Accordingly, claims 1-7 of the '984 
patent and claims 1 and 9 of the '570 patent (collectively, ``Asserted 
Claims'') remain in the investigation.
    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 
October 20, 2022, November 8, 2022, and February 2, 2023, the 
Commission terminated the investigation as to the First, Second, and 
Third Settling Respondents, respectively. 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); Order No. 47 
(Jan. 4, 2023), unreviewed by Comm'n Notice (Feb. 2, 2023). 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). Accordingly, only 
the Defaulting Respondents remain in the investigation.
    On June 28, August 29, and December 2, 2022, the Commission found 
the Defaulting Respondents in default pursuant to Commission Rule 
210.16 (19 CFR 210.16) for failure to respond to the complaint and 
notice of investigation and to 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 January 11, 2023, Complainants filed a declaration under 
Commission Rule 210.16(c), 19 CFR 210.16(c) (``Declaration''), 
requesting the immediate entry of an LEO prohibiting the importation of 
infringing articles imported by or on behalf of the Defaulting 
Respondents and CDOs against all of the Defaulting Respondents except 
Jiangsu. Complainants indicated pursuant to Commission Rule 
210.16(c)(2) that they are not seeking a general exclusion order.
    On February 2, 2023, the Commission issued a notice requesting 
written submissions on remedy, the public interest and bonding from the 
parties and from any other interested third-party or government 
agencies. See 88 FR 8315-17 (Feb. 8, 2023) (``Remedy Notice'').
    On February 13, 2023, Complainants and OUII filed submissions in 
response to the Remedy Notice, arguing that the public interest does 
not preclude issuance the requested LEO and CDOs. Complainants also 
sought a bond during the period of Presidential review in the amount of 
one hundred percent (100%) of the entered value of the infringing 
articles. On February 21, 2023, Complainants and OUII filed a reply to 
each other's submissions.
    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) 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

[[Page 23095]]

337(g)(1), it finds that such relief should not issue.
    Having examined the record of this investigation, including the 
parties' submissions in response to the Remedy Notice, the Commission 
has determined pursuant to subsection 337(g)(1) that the appropriate 
remedy in this investigation is: (1) an LEO prohibiting the unlicensed 
entry of certain refrigerator water filtration devices and components 
thereof that are imported by or on behalf of the Defaulting Respondents 
and that infringe the Asserted Claims; and (2) CDOs against all of the 
Defaulting Respondents except Jiangsu. The Commission has also 
determined that the public interest factors enumerated in subsection 
337(g)(1) do not preclude the issuance of the LEO and CDOs. The 
Commission has further determined that the bond during the period of 
Presidential review pursuant to section 337(j) (19 U.S.C. 1337(j)) 
shall be in the amount of one hundred percent (100%) of the entered 
value of the infringing articles.\1\ See Certain Centrifuge Utility 
Platform & Falling Film Evaporator Sys. & Components Thereof, Inv. No. 
337-TA-1311, Comm'n Notice at 4-5 (Mar. 23, 2023). The investigation is 
terminated.
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    \1\ Commissioner Schmidtlein finds that section 337 does not 
authorize respondents subject to remedial relief under subsection 
337(g)(1) to import infringing products under bond during the 
Presidential review period for the reasons explained in Certain 
Centrifuge Utility Platform and Falling Film Evaporator Systems and 
Components Thereof, Inv. No. 337-TA-1311, Comm'n Notice at 5, n.5 
(March 23, 2023). She therefore would not permit the Defaulting 
Respondents to import infringing products under bond during the 
Presidential review period.
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    The Commission's vote for this determination took place on April 
11, 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: April 11, 2023.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2023-07932 Filed 4-13-23; 8:45 am]
BILLING CODE 7020-02-P