[Federal Register Volume 88, Number 104 (Wednesday, May 31, 2023)]
[Notices]
[Pages 34893-34895]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-11462]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1364]
Certain Blood Flow Restriction Devices With Rotatable Windlasses
and Components Thereof; Institution of Investigation
AGENCY: 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 April 24, 2023, under section
337 of the Tariff Act of 1930, as amended, on behalf of Composite
Resources, Inc. of Rock Hill, South Carolina and North American Rescue,
LLC of Greer, South Carolina. Supplements were filed on April 27, 2023,
May 11, 2023, and May 18, 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 blood flow restriction devices with
rotatable windlasses and components thereof by reason of the
infringement of: certain claims of U.S. Patent No. 7,842,067 (``the
'067 patent''); U.S. Patent No. 8,888,807 (``the '807 patent''); and
U.S. Patent No. 10,016,203 (``the '203 patent''); and; U.S. Trademark
Registration No. 3,863,064 (``the '064 mark'') and U.S. Trademark
Registration No. 5,046,378 (``the '378 mark''). The complaint further
alleges that an industry in the United States exists as required by the
applicable Federal Statute. The complaint also alleges violations of
section 337 based upon the importation into the United States, or in
the sale of certain blood flow restriction devices with rotatable
windlasses by reason of trade dress infringement, the threat or effect
of which is to destroy or substantially injure an industry in the
United States.
The complainants request that the Commission institute an
investigation and, after the investigation, issue a general exclusion
order, or in the alternative a limited exclusion order, and cease and
desist orders.
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: Pathenia M. Proctor, The Office of
Unfair Import Investigations, U.S. International Trade Commission,
telephone (202) 205-2560.
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 (2023).
Scope of Investigation: Having considered the complaint, the U.S.
International Trade Commission, on May 24, 2023, Ordered that--
(1) Pursuant to subsection (b) of section 337 of the Tariff Act of
1930, as amended,
(a) an investigation be instituted to determine whether there is a
violation of subsection (a)(1)(A) of section 337 in
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the importation or sale of certain products identified in paragraph (2)
by reason of trade dress infringement, the threat or effect of which is
to destroy or substantially injure an industry in the United States;
(b) an investigation be instituted to determine whether there is a
violation of subsection (a)(1)(B) of 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 1-17
of the '067 patent; claims 1-30 of the '807 patent; and claims 1-13 of
the '203 patent, and whether an industry in the United States exists as
required by subsection (a)(2) of section 337;
(c) an investigation be instituted to determine whether there is a
violation of subsection (a)(1)(C) of 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 the '064 mark and the '378
mark, 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 ``single-handed combat
tourniquets with rotatable windlasses that can be applied and tightened
by a user to reduce blood loss from an arm or leg'';
(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 complainants are:
Composite Resources, Inc., 483 Lakeshore Pkwy, Rock Hill, SC 29730
North American Rescue, LLC, 35 Tedwall Ct., Greer, SC 29650
(b) The respondents are the following entities alleged to be in
violation of section 337, and are the parties upon which the complaint
is to be served:
Anping Longji Medical Equipment Factory, No. 8, Suxin Road, Nansu
Village, Anping, County, Hengshui City, Hebei Province, China
Chaozhou Jiduo Trading Co., Ltd., Shop No. 35, No. 2 Comm., Xianhe
Vil., Phixi, Town, Xiangqiao District, Chaozhou City 521000, China
Dongguan Hongsui Electronic Commerce, Co., Ltd., No. 7, Lane 6,
Orchard, Houjie, Dongguan City, Houjie Town, Guangdong Province,
523000, China
Dongguanwin Si Hai Precision Mold Co., Ltd., X No. 66 Jinrong Rd. Juhe
Sq., Changan, Dongguan, China
Eiffel Medical Supplies Co., Ltd. 1st-3rd Floor, No. 8 Building, Run-
Tang Industry Park, Shenzhen, Guangdong, 518128, China
Empire State Distributors Inc., 2975 West 33rd Street, Brooklyn, New
York 11224
EMRN Medical Equipment, 295 Av. Lafleur, LaSalle, QC H8R 3H5, Canada
Express Companies, Inc., 2603 Industry St., Oceanside, CA 92054
Fuzhou Meirun Medical Equipment Technology Co., Ltd. Baiyue Cultural
Village, Hecheng Town, Zixi, County Fuzhou, Jiangxi 344000, China
GD Tianwu New Material Tech Co., Ltd., 7 Xi'an Road, Zini Village,
Shawan Town, Panyu District, Guangzhou, China
Henan Eyocean E-Commerce Co., Ltd., Incubation Park, No.6, Yingcai
Street, Huiji District, Zhengzhou, Henan, 450044, China
Hengshui Runde Medical Instruments Co., Ltd., Xuzhangtun Village,
Anping County, Hengshui City, Hebei Province, China
Huang Xia, No. 09, 2nd Villager Group, New Countryside, Sangzi Town,
Xinhua County, Hunan 417600, China
Jingcai Jiang, Mingkan Huayuan C4/102 Bao'an District, Shenzhen,
GuangDong, 518030, China
Putian Dima Trading Co., Ltd., No. 99, Xiake Natural Village, Aoshan,
Village, Sanjiangkou Town, Putian City, Hanjiang District, Fujian
Province, 351100, China
Rhino Inc., 16192 Coastal Hwy, Lewes, DE 19958
Shanghai Sixu International Freight Agent Co., Ltd., A6, No. 258,
Fangdong Road, Jiuting, Songjiang District, Shanghai 201600, China
Shen Yi, Room 2201, Building 15, Changcheng building, Futian District,
Shenzhen, Guangdong 518000, China
Shenzhen Anben E-Commerce Co., Ltd., No. 23, Xinpu Rd., Pupai Village,
Longcheng St., Longgang Dist., Shenzhen 518000, China
Shenzhen Janxle E E Commerce Co., Ltd., Room 201 No. 16 Second Area
Horsehoe, Mountain Bantian Street, Longang, Shenzhen, China
Shenzhen Smart Medical Co. Ltd., 4th Floor, C Building, ZhenHan
Industrial Zone, GanKeng, BuJi, LongGang District, Shenzhen, China
Shenzhen TMI Medical Supplies Co., Ltd., 4F, Bldg. 1, Area 2, HuangMaBu
Industrial District, XiXiang, Bao'an District, Shenzhen 518101, China
Shenzhen Yujie Commercial and Trading Co., Ltd. , 29th Floor, Nanguang
Jiejia Building, Shennan Road, Futian District, Shenzhen, China
Sun Minghui, No. 241, Minzhi Avenue, Minxin Community, Minzhi Street,
Longhua District Mintai, Building 228, Shenzhen, Guangdong, 518000,
China
SZY Holdings LLC, 300 Liberty Avenue, Brooklyn, NY 11207
Wuxi Emsrun Technology Co., Ltd., No. 100 Fengbin Road, Wuxi City,
Jiangsu Province, China
Wuxi Golden Hour Medical Technology Co., Ltd., Room 101-103/105,
Building 1, 58, Xiuxi Road, Binhu District, Wuxi City, Jiangsu Province
214000, China,
Wuxi Puneda Technology Co., Ltd., 306-3 Quanfeng Road, Wuxi, 214037,
China
Xia Guo Long, Room 316, Fuwei Building, Hongtu Road, Dongguan City,
Nancheng District, Guangdong Province, 523000, China
Yinping Yin, No. 6003 Binhe Haibin Square Garden, Mango Web Co,
Shenzhen, Guangdong, 518003, China
(c) The Office of Unfair Import Investigations, U.S. International
Trade Commission, 500 E Street SW, Suite 401, Washington, DC 20436; and
(4) For the investigation so instituted, the Chief Administrative
Law Judge, U.S. International Trade Commission, shall designate the
presiding Administrative Law Judge.
Responses to the complaint and the notice of investigation must be
submitted by the named respondents 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 a 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
[[Page 34895]]
issuance of an exclusion order or a cease and desist order or both
directed against the respondent.
By order of the Commission.
Issued: May 24, 2023.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2023-11462 Filed 5-30-23; 8:45 am]
BILLING CODE 7020-02-P