[Federal Register Volume 89, Number 144 (Friday, July 26, 2024)]
[Notices]
[Pages 60660-60661]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-16433]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1360]


Certain Portable Battery Jump Starters and Components Thereof 
(III); Notice of Commission Determination To Review in Part and, on 
Review, To Affirm With Modification a Final Initial Determination 
Finding No Violation of Section 337; 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 review in part and, on review, to affirm 
with modification the presiding administrative law judge's (``ALJ'') 
final initial determination (``FID'') finding no violation of section 
337 of the Tariff Act of 1930, as amended. The investigation is 
terminated with a finding of no violation.

FOR FURTHER INFORMATION CONTACT: Lynde Herzbach, Office of the General 
Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone (202) 205-3228. 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 April 18, 2023, 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 The NOCO Company of Glenwillow, Ohio (``NOCO''). See 88 FR 23688 
(Apr. 18, 2023). The complaint, as amended, 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 portable battery jump starters and components 
thereof by reason of the infringement of certain claims of U.S. Patent 
Nos. 9,770,992; 10,328,808; 10,981,452; 11,254,213; and 11,447,023. Id. 
The complaint also alleges violations of section 337 based upon the 
importation into the United States, or in the sale of certain portable 
battery jump starters and components thereof by reason of common law 
trade dress infringement, false designation of origin, and false 
advertising and unfair competition, the threat or effect of which is to 
destroy or substantially injure an industry in the United States. Id. 
The complaint also alleges that a domestic industry exists. Id. The 
Commission severed the complaint into two separate investigations: the 
present investigation directed to the trade dress infringement, false 
designation of origin, false advertising, and unfair competition 
allegations; and a related investigation, Inv. No. 337-TA-1359, 
involving the patent infringement allegations.
    The notice of investigation names seven respondents, including: 
Shenzhen Carku Technology Co., Ltd. of Guangdong, China; Aukey 
Technology Co., Ltd. of Shenzhen, China; Metasee LLC of Pearland, Texas 
(``Metasee''); Ace Farmer LLC of Houston, Texas; Shenzhen Konghui 
Trading Co., Ltd., d/b/a Hulkman Direct of Guangdong, China (``Hulkman 
Direct''); HULKMAN LLC of Santa Clara, California; and Shenzhenshi 
Daosishangmao Youxiangongsi, d/b/a/Fanttik Direct of Guangdong, China 
(``Fanttik Direct'') (collectively, ``Respondents''). Id. The Office of 
Unfair Import Investigations is also named as a party. Id.
    On May 17, 2024, the presiding ALJ issued the FID, finding no 
violation of section 337 in the importation into the United States, or 
in the sale of certain portable battery jump starters and components 
thereof. Specifically, the FID finds that: (1) Respondents did not 
engage in false advertising under 15 U.S.C. 1125(a)(1); (2) Respondents 
did not falsely designate the origin of their products or cause unfair 
competition; (3) Respondents do not infringe the X Design Trade Dress; 
(4) NOCO has demonstrated that it has a domestic industry; and (5) NOCO 
has not demonstrated substantial injury or a threat of substantial 
injury to its domestic industry.
    The FID includes the ALJ's recommended determination (``RD'') on 
remedy, the public interest, and bonding should the Commission find a 
violation of section 337. Specifically, the RD recommends, if the 
Commission finds a violation, issuing a limited exclusion order 
directed to certain portable battery jump starts and components thereof 
imported, sold for importation, and/or sold after importation by 
respondents. The RD also recommends issuing cease and desist orders 
directed to Metasee, Hulkman Direct, and Fanttik Direct. The RD 
recommends that a one hundred percent (100%) bond be set for any 
importations of Respondents' products, which are found to violate 
section 337, during the period of Presidential review.
    On May 28, 2024, the Commission published its post-RD Federal 
Register notice seeking submissions on public interest issues raised by 
the relief recommended by the ALJ should the Commission find a 
violation. 89 FR 46160-61 (May 28, 2024). No responses were submitted 
in response to the notice. The parties did not file any public interest 
submissions pursuant to Commission Rule 210.50(a)(4), 19 CFR 
210.50(a)(4).
    On May 31, 2024, Respondents filed a contingent petition for review 
contending that the FID is correct in all material respects and solely 
contesting the RD, should it become relevant. Neither NOCO nor OUII 
filed a petition for review. NOCO's failure to file a petition for 
review constitutes abandonment of all issues decided adversely to it in 
the FID. 19 CFR 210.43(b)(2), (b)(4). On June 5, 2024, prior to the 
deadline for the filing of responses, Respondents withdrew their 
contingent petition. See June 5, 2024 letter from Kevin J. Patariu 
(EDIS Doc. ID 823040).
    The Commission, having reviewed the record in this investigation, 
has determined to review in part and, on review, to affirm with 
modification the FID's finding of no violation. In particular, the 
Commission has

[[Page 60661]]

determined to review the FID's jurisdiction findings. On review, the 
Commission notes that it interprets the ALJ's use of ``in personam 
jurisdiction'' as a shorthand to refer to the Commission's statutory 
authority to investigate a particular respondent's accused articles 
that are imported into the United States or sold after importation, and 
interprets the ALJ's use of ``in rem jurisdiction'' as a shorthand to 
refer to its statutory authority to investigate the importation into 
the United States or the sale of such articles. The Commission has also 
determined to review, and on review, take no position regarding the 
following findings in the FID: (1) the interstate commerce findings 
(FID at 103-105); (2) that NOCO has demonstrated that it has a domestic 
industry (FID at 136-149); and (3) that NOCO has not demonstrated 
substantial injury or a threat of substantial injury to its domestic 
industry (FID at 149-171). The Commission has determined not to review 
the remainder of the FID.
    The investigation is terminated with a finding of no violation of 
section 337.
    The Commission vote for this determination took place on July 22, 
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: July 22, 2024.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2024-16433 Filed 7-25-24; 8:45 am]
BILLING CODE 7020-02-P