[Federal Register Volume 88, Number 132 (Wednesday, July 12, 2023)]
[Notices]
[Page 44396]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-14671]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1358]
Certain LED Landscape Lighting Devices, Components Thereof, and
Products Containing Same; Notice of a Commission Determination Not To
Review an Initial Determination Granting a Joint Motion To Terminate
the Investigation; 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 (``Commission'') has determined not to review an initial
determination (``ID'') (Order No. 7) of the presiding chief
administrative law judge (``CALJ'') granting a joint motion to
terminate the investigation in its entirety based upon settlement.
FOR FURTHER INFORMATION CONTACT: Edward S. Jou, Esq., Office of the
General Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202) 205-3316. 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, telephone (202) 205-1810.
SUPPLEMENTARY INFORMATION: The Commission instituted this investigation
on April 14, 2023, based upon a complaint filed on behalf of Wangs
Alliance Corporation d/b/a WAC Lighting (``WAC'') of Port Washington,
New York. 88 FR 23096-97 (Apr. 14, 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, and
11,274,816. The Commission's notice of investigation named as the
respondent Hinkley Lighting, Inc. (``Hinkley'') of Avon Lake, Ohio. Id.
The Office of Unfair Import Investigations was not named as a party in
this investigation. Id.
On June 6, 2023, WAC and Hinkley jointly moved to terminate the
investigation in its entirety based upon a settlement agreement.
On June 8, 2023, the CALJ issued the subject ID granting the
motion. The ID found that the motion complies with the requirements of
19 CFR 210.21(b)(1), including the attachment of confidential and
public versions of the parties' settlement agreement. ID at 1-2. The ID
also found ``no evidence that terminating this investigation based on
settlement would adversely affect the public health and welfare,
competitive conditions in the United States economy, the production of
like or directly competitive articles in the United States, or United
States consumers.'' Id. at 2-3. No petitions for review of the ID were
filed.
The Commission has determined not to review the subject ID. The
investigation is terminated in its entirety.
The Commission vote for this determination took place on July 6,
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: July 6, 2023.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2023-14671 Filed 7-11-23; 8:45 am]
BILLING CODE 7020-02-P