[Federal Register Volume 89, Number 123 (Wednesday, June 26, 2024)]
[Notices]
[Pages 53442-53443]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-13968]


-----------------------------------------------------------------------

INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1386]


Certain Self-Balancing Electric Skateboards and Components 
Thereof; Notice of Issuance of a Limited Exclusion Order Against the 
Respondent Found in Default; Termination of Investigation

AGENCY: International Trade Commission.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has issued a limited exclusion order (``LEO'') against 
certain self-balancing electric skateboards and components thereof of 
respondent Floatwheel of Guilin City, GuangXi Province, China 
(``Floatwheel,'' or Respondent). The investigation is terminated.

FOR FURTHER INFORMATION CONTACT: Michael Liberman, 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

[[Page 53443]]

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: On January 16, 2024, the Commission 
instituted this investigation based on a complaint filed by Future 
Motion, Inc. of Santa Cruz, California (``Future Motion,'' or 
``Complainant''). 89 FR 2644-45 (Jan. 16, 2024). The complaint alleged 
violations of section 337 of the Tariff Act of 1930, as amended, 19 
U.S.C. 1337, based upon the importation into the United States, the 
sale for importation, or sale within the United States after 
importation of certain self-balancing electric skateboards and 
components thereof by reason of infringement of one or more of claims 
1, 2, 4-6, 8-10, 13-15, and 17-19 of U.S. Patent No. 9,400,505 (``the 
'505 patent''). Id. at 2644. The Commission's notice of investigation 
named as respondents Floatwheel; Changzhou Smilo Motors Co., Ltd. of 
Changzhou, Jiangsu Province, China (''Smilo''); Changzhou Gaea 
Technology Co., Ltd. of Changzhou, Jiangsu, China (``Gaea''); and 
Shanghai Loyal Industry Co., Ltd., d/b/a ``SoverSky'' of Shanghai, 
China (``SoverSky''). Id. at 2645. The Office of Unfair Import 
Investigations was also named as a party in this investigation. Id.
    On March 12, 2024, Complainant moved to withdraw its complaint and 
terminate this investigation with respect to respondents Smilo, Gaea, 
and SoverSky. Motion Docket No. 1386-06 (EDIS Doc. ID 815981). On March 
13, 2024, the ALJ granted the unopposed motion. Order No. 13 (Mar. 13, 
2024); unreviewed by Notice (April 12, 2024).
    The complaint and notice of investigation were served on Floatwheel 
on January 17, 2024. See Order No. 8 at 5 (Feb. 6, 2024). Floatwheel 
failed to respond to the complaint and notice of investigation.
    On February 23, 2024, the presiding ALJ issued Order No. 10, 
ordering, inter alia, Floatwheel to show cause why it should not be 
found in default and why judgment should not be rendered against it for 
failing to respond to the complaint and notice of investigation. No 
response was filed to the show cause order.
    On March 13, 2024, the ALJ issued an ID (Order No. 15) finding 
Floatwheel in default under Commission Rule 210.16 (19 CFR 210.16). On 
April 12, 2024, the Commission determined not to review and issued a 
Federal Register Notice to that effect. 89 FR 27450-27451 (Apr. 17, 
2024). The Commission also requested briefing from the parties and the 
public on the issues of remedy, the public interest, and bonding. Id. 
at 42938.
    The Commission has determined that the appropriate form of relief 
in this investigation is an LEO prohibiting the unlicensed entry of 
self-balancing electric skateboards and components thereof by reason of 
the infringement of one or more of claims 1, 2, 4-6, 8-10, 13-15, and 
17-19 of the '505 patent and that are manufactured abroad by or on 
behalf of, or imported by or on behalf of, Respondent. The Commission 
has further determined that the public interest factors enumerated in 
section 337(g)(l) (19 U.S.C. 1337(g)(l)) do not preclude issuance of 
the LEO. The Commission has determined that the bond for importation 
during the period of Presidential review shall be in the amount of one 
hundred percent (100%) of the entered value of the imported subject 
articles of Respondent.\1\ The Commission's order was delivered to the 
President and the United States Trade Representative on the day of the 
issuance.
---------------------------------------------------------------------------

    \1\ Chairman 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 Floatwheel to 
import infringing products under bond during the Presidential review 
period.
---------------------------------------------------------------------------

    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: June 20, 2024.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2024-13968 Filed 6-25-24; 8:45 am]
BILLING CODE 7020-02-P