[Federal Register Volume 89, Number 80 (Wednesday, April 24, 2024)]
[Notices]
[Pages 31214-31216]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-08705]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1364]


Certain Blood Flow Restriction Devices With Rotatable Windlasses 
and Components Thereof; Notice of a Commission Determination That the 
March 19, 2024, Initial Determination (Order No. 23) is an Order and 
Recommended Determination Rather Than an Initial Determination; Request 
for Written Submissions on Remedy, the Public Interest, and Bonding

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 that the March 19, 2024, 
initial determination (``ID'') (Order No. 23) issued by the presiding 
administrative law judge (``ALJ'') granting a motion to withdraw 
Complainants' request for a general exclusion order (``GEO'') in 
connection with the asserted trademarks and trade dress and to cancel 
the evidentiary hearing is properly issued in the form of an order 
rather than an initial determination. Order No. 23 also includes the 
ALJ's recommended determination (``RD'') on remedy and bonding, and 
thus, the Commission requests written submissions from the parties, 
interested government agencies, and other interested persons on the 
issues of remedy, the public interest, and bonding, under the schedule 
set forth below.

FOR FURTHER INFORMATION CONTACT: Amanda P. Fisherow, Esq., Office of 
the General Counsel, U.S. International Trade Commission, 500 E Street 
SW, Washington, DC 20436, telephone (202) 205-2737. 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: The Commission instituted this investigation 
on May 31, 2023, based on a complaint, as supplemented, filed by 
Composite Resources, Inc. of Rock Hill, South Carolina, and North 
American Rescue, LLC of Greer, South Carolina (collectively, 
``Complainants''). 88 FR 34893-95 (May 31, 2023). The complaint, as 
supplemented, alleged violations of section 337 of the Tariff Act of 
1930, as amended, 19 U.S.C. 1337, in the importation into the United 
States, sale for importation, or sale in the United States after 
importation of certain blood flow restriction devices with rotatable 
windlasses and components thereof that infringe one or more of: claims 
1-17 of U.S. Patent No. 7,842,067 (``the '067 patent''), claims 1-30 of 
the U.S. Patent No. 8,888,807 (``the '807 patent''), and claims 1-13 of 
the U.S. Patent No. 10,016,203 (``the '203 patent''); United States 
Trademark Registration Nos. 3,863,064 and 5,064,378; and trade dress 
infringement in violation of Section 43(a) of the Lanham Act (15 U.S.C. 
1125) the threat or effect of which is to destroy or substantially 
injure an industry in the United States. Id. at 34893-94; see 
Complaint, ]] 9-15. The complaint also requested the issuance of a GEO 
with respect to all of these allegations.
    The Commission's notice of investigation named the following 
respondents: (1) Anping Longji Medical Equipment Factory of Hengshui 
City, China; Dongguanwin Si Hai Precision Mold Co., Ltd. of Dongguan, 
China; Eiffel Medical Supplies Co., Ltd. of Shenzhen, China; Empire 
State Distributors Inc. of Brooklyn, New York; EMRN Medical Equipment 
of LaSalle, Canada; GD Tianwu New Material Tech Co., Ltd. of Guangzhou, 
China; Hengshui Runde Medical Instruments Co., Ltd. of Hengshui City, 
China; Putian Dima Trading Co., Ltd. of Putian City, China; Rhino Inc. 
of Lewes, Delaware; Shanghai Sixu International Freight Agent Co., Ltd. 
Of Shanghai, China; Shenzhen Anben E-Commerce Co., Ltd. of Shenzhen, 
China; Shenzhen TMI Medical Supplies Co., Ltd. of Shenzhen, China; 
Shenzhen Yujie

[[Page 31215]]

Commercial and Trading Co., Ltd. of Shenzhen, China; Wuxi Emsrun 
Technology Co., Ltd. of Wuxi City, China; Wuxi Golden Hour Medical 
Technology Co., Ltd. of Wuxi City, China; and Wuxi Puneda Technology 
Co., Ltd. of Wuxi City, China (collectively, ``the Defaulting 
Respondents''); (2) Chaozhou Jiduo Trading Co., Ltd. of Chaozhou City, 
China; Dongguan Hongsui Electronic Commerce, Co., Ltd. of Dongguan 
City, China; Fuzhou Meirun Medical Equipment Technology Co., Ltd. of 
Fuzhou, China; Henan Eyocean E-Commerce Co., Ltd. of Zhengzhou, China; 
Huang Xia of Sangzi Town, China; Jingcai Jiang of Shenzhen, China; Shen 
Yi of Shenzhen, China; Shenzhen Janxle E E Commerce Co. of Shenzhen, 
China; Shenzhen Smart Medical Co. Ltd. of Shenzhen, China; Sun Minghui 
of Shenzhen, China; Xia Guo Long of Dongguan City, China; and Yinping 
Yin of Shenzhen, China (collectively, ``the Unserved Respondents''); 
and (3) Express Companies, Inc. of Oceanside, California, and SZY 
Holdings LLC of Brooklyn, New York (collectively, ``the Participating 
Respondents''). Id. The Office of Unfair Import Investigations 
(``OUII'') is also a party to this investigation.
    The Commission terminated the Participating Respondents based on 
the entry of consent orders. See Order No. 7 (Aug. 9, 2023), unreviewed 
by Comm'n Notice (Sept. 5, 2023); Order No. 13 (Oct. 3, 2023), 
unreviewed by Comm'n Notice (Nov. 2, 2023). The Commission also 
terminated the Unserved Respondents based on the withdrawal of the 
complaint as to those respondents. See Order No. 10 (Aug. 22, 2023), 
unreviewed by Comm'n Notice (Sept. 20, 2023). The Commission also found 
the Defaulting Respondents in default. See Order No. 11 (Aug. 29, 
2023), unreviewed by Comm'n Notice (Sept. 22, 2023).
    On November 1, 2023, Complainants filed a motion to partially 
terminate the investigation with respect to the '807 and '203 patents. 
On November 2, 2023, the ALJ issued Order No. 14 granting the motion. 
Order No. 14 (Nov. 2, 2023), unreviewed by Comm'n Notice (Dec. 4, 
2023).
    On January 23, 2024, Complainants filed a motion to terminate 
claims 2, 3, 5-14, and 17 of the '067 patent. On January 25, 2024, the 
ALJ issued Order No. 19 granting the motion. Order No. 19 (Jan. 25, 
2024), unreviewed by Comm'n Notice (Feb. 15, 2024). Therefore, only 
claims 1, 4, 15, and 16 remained asserted.
    On December 22, 2023, Complainants filed a motion for summary 
determination on violation of section 337 with regard to the '067 
patent, trademarks, and trade dress by those respondents who had been 
found in default in this investigation. Complainants later withdrew the 
portion of the motion concerning the trademark and trade dress 
violations. On February 7, 2024, the ALJ issued Order No. 20, granting 
the motion in part with respect to the claims 1, 4, 15, and 16 of the 
'067 patent. Order No. 20 (Feb. 7, 2024), unreviewed by Comm'n Notice 
(Mar. 6, 2024).
    On March 1, 2024, Complainants filed a motion to terminate the 
investigation in part based on a withdrawal of its request for a GEO as 
to the trademark and trade dress claims and to cancel the hearing.
    On March 19, 2024, the ALJ granted the motion and issued the 
subject order (Order No. 23) styled as an initial determination. Order 
No. 23 also includes the ALJ's RD on remedy and bonding. Specifically, 
the RD recommends that the Commission issue a GEO as to claims 1, 4, 
15, and 16 of the '067 patent. Order No. 23 at 9-12. The RD further 
recommends that a limited exclusion order and a cease and desist order 
issue against each of the Defaulting Respondents in connection with the 
asserted claims of the '067 patent, as well as the asserted trademarks 
and the trade dress. Id. at 13-15. Finally, the RD recommends that the 
Commission set the bond at one hundred percent (100%). Id. at 15-16.
    Upon review of Commission Rules 210.16, 210.21, and 210.42, 19 CFR 
210.16, 210.21, 210.42, the Commission has determined that the ALJ's 
March 19, 2024, initial determination (Order No. 23) granting 
Complainants' motion to withdraw its request for a GEO as to the 
asserted trademark and trade dress claims and to cancel the hearing is 
an order rather than an initial determination. Commission Rule 210.42 
does not include declaration or withdrawal of the requested remedies 
and/or cancellation of the hearing in the list of issues that must be 
decided in the form of an initial determination. Nor are such requests 
properly the subject of motions for termination of the investigation 
under Rule 210.21. Accordingly, the Commission treats Order No. 23 as 
an order and an RD on remedy and bonding, not subject to the procedures 
and deadlines in Rules 210.42-43, 19 CFR 210.42-43.
    In connection with the final disposition of this investigation, the 
statute authorizes issuance of, inter alia, (1) an exclusion order that 
could result in the exclusion of the subject articles from entry into 
the United States; and/or (2) cease and desist orders that could result 
in the respondents being required to cease and desist from engaging in 
unfair acts in the importation and sale of such articles. Accordingly, 
the Commission is interested in receiving written submissions that 
address the form of remedy, if any, that should be ordered. If a party 
seeks exclusion of an article from entry into the United States for 
purposes other than entry for consumption, the party should so indicate 
and provide information establishing that activities involving other 
types of entry either are adversely affecting it or likely to do so. 
For background, see Certain Devices for Connecting Computers via 
Telephone Lines, Inv. No. 337-TA-360, USITC Pub. No. 2843, Comm'n Op. 
at 7-10 (Dec. 1994).
    The statute requires the Commission to consider the effects of that 
remedy upon the public interest. The public interest factors the 
Commission will consider include the effect that an exclusion order and 
cease and desist orders would have on: (1) the public health and 
welfare, (2) competitive conditions in the U.S. economy, (3) U.S. 
production of articles that are like or directly competitive with those 
that are subject to investigation, and (4) U.S. consumers. The 
Commission is therefore interested in receiving written submissions 
that address the aforementioned public interest factors in the context 
of this investigation.
    If the Commission orders some form of remedy, the U.S. Trade 
Representative, as delegated by the President, has 60 days to approve, 
disapprove, or take no action on the Commission's determination. See 
Presidential Memorandum of July 21, 2005, 70 FR 43251 (July 26, 2005). 
During this period, the subject articles would be entitled to enter the 
United States under bond, in an amount determined by the Commission and 
prescribed by the Secretary of the Treasury. The Commission is 
therefore interested in receiving submissions concerning the amount of 
the bond that should be imposed if a remedy is ordered.
    Written Submissions: Parties to the investigation, interested 
government agencies, and any other interested parties are encouraged to 
file written submissions on the issues of remedy, the public interest, 
and bonding. In their initial submission, Complainants are also 
requested to identify the remedy sought and Complainants and OUII are 
requested to submit proposed remedial orders for the Commission's 
consideration. Complainants are further requested to provide the HTSUS

[[Page 31216]]

subheadings under which the accused products are imported, and to 
supply the identification information for all known importers of the 
products at issue in this investigation. The initial written 
submissions and proposed remedial orders must be filed no later than 
close of business on May 2, 2024. Reply submissions must be filed no 
later than the close of business on May 9, 2024. No further submissions 
on these issues will be permitted unless otherwise ordered by the 
Commission.
    Persons filing written submissions must file the original document 
electronically on or before the deadlines stated above. The 
Commission's paper filing requirements in 19 CFR 210.4(f) are currently 
waived. 85 FR 15798 (Mar. 19, 2020). Submissions should refer to the 
investigation number (``Inv. No. 337-TA-1364'') in a prominent place on 
the cover page and/or the first page. (See Handbook for Electronic 
Filing Procedures, https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf). Persons with questions regarding 
filing should contact the Secretary (202-205-2000).
    Any person desiring to submit a document to the Commission in 
confidence must request confidential treatment by marking each document 
with a header indicating that the document contains confidential 
information. This marking will be deemed to satisfy the request 
procedure set forth in Rules 201.6(b) and 210.5(e)(2) (19 CFR 201.6(b) 
& 210.5(e)(2)). Documents for which confidential treatment by the 
Commission is properly sought will be treated accordingly. Any non-
party wishing to submit comments containing confidential information 
must serve those comments on the parties to the investigation pursuant 
to the applicable Administrative Protective Order. A redacted non-
confidential version of the document must also be filed simultaneously 
with any confidential filing and must be served in accordance with 
Commission Rule 210.4(f)(7)(ii)(A) (19 CFR 210.4(f)(7)(ii)(A)). All 
information, including confidential business information and documents 
for which confidential treatment is properly sought, submitted to the 
Commission for purposes of this investigation may be disclosed to and 
used: (i) by the Commission, its employees and Offices, and contract 
personnel (a) for developing or maintaining the records of this or a 
related proceeding, or (b) in internal investigations, audits, reviews, 
and evaluations relating to the programs, personnel, and operations of 
the Commission including under 5 U.S.C. Appendix 3; or (ii) by U.S. 
government employees and contract personnel, solely for cybersecurity 
purposes. All contract personnel will sign appropriate nondisclosure 
agreements. All nonconfidential written submissions will be available 
for public inspection on EDIS.
    The Commission vote for this determination took place on April 18, 
2024.
    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: April 18, 2024.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2024-08705 Filed 4-23-24; 8:45 am]
BILLING CODE 7020-02-P