Notice2021-23632
Certain LED Landscape Lighting Devices and Components Thereof; Commission Determination Not to Review an Initial Determination Terminating the Investigation as to Shenzhen Wanjia Lighting Co., Ltd. d/b/a Wonka Based on a Consent Order; Issuance of a Consent Order; Request for Written Submissions on Remedy, the Public Interest, and Bonding With Respect to the Defaulted Respondents
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Published
October 29, 2021
Issuing agencies
International Trade Commission
Abstract
Notice is hereby given that the U.S. International Trade Commission has determined not to review an initial determination ("ID") (Order No. 23) of the presiding administrative law judge ("ALJ") granting a joint, unopposed motion to terminate Shenzhen Wanjia Lighting Co., Ltd. d/b/a WONKA of Shenzhen, China ("WONKA") based on a consent order. WONKA is terminated from the investigation. The Commission has issued a consent order to WONKA. 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.
Full Text
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<title>Federal Register, Volume 86 Issue 207 (Friday, October 29, 2021)</title>
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[Federal Register Volume 86, Number 207 (Friday, October 29, 2021)]
[Notices]
[Pages 60069-60070]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-23632]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1261]
Certain LED Landscape Lighting Devices and Components Thereof;
Commission Determination Not to Review an Initial Determination
Terminating the Investigation as to Shenzhen Wanjia Lighting Co., Ltd.
d/b/a Wonka Based on a Consent Order; Issuance of a Consent Order;
Request for Written Submissions on Remedy, the Public Interest, and
Bonding With Respect to the Defaulted Respondents
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 not to review an initial determination
(``ID'') (Order No. 23) of the presiding administrative law judge
(``ALJ'') granting a joint, unopposed motion to terminate Shenzhen
Wanjia Lighting Co., Ltd. d/b/a WONKA of Shenzhen, China (``WONKA'')
based on a consent order. WONKA is terminated from the investigation.
The Commission has issued a consent order to WONKA. 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: Ronald A. Traud, Esq., Office of the
General Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202) 205-3427. Copies of non-
confidential documents filed in connection with this investigation may
be viewed on the Commission's electronic docket (EDIS) at <a href="https://edis.usitc.gov">https://edis.usitc.gov</a>. For help accessing EDIS, please email
<a href="/cdn-cgi/l/email-protection#f0b5b4b9a3c3b8959c80b08583998493de979f86"><span class="__cf_email__" data-cfemail="9fdadbd6ccacd7faf3efdfeaecf6ebfcb1f8f0e9">[email protected]</span></a>. General information concerning the Commission may
also be obtained by accessing its internet server at <a href="https://www.usitc.gov">https://www.usitc.gov</a>. 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 April 13, 2021, based on a complaint, as supplemented, filed on
behalf of Wangs Alliance Corporation, d/b/a WAC Lighting (``WAC''). 86
FR 19282 (Apr. 13, 2021). The complaint alleged a violation 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, and
the sale within the United States after importation of certain LED
landscape lighting devices and components thereof by reason of
infringement of certain claims of U.S. Patent Nos. 10,571,101 and
10,920,971. Id. The complaint further alleged that an industry in the
United States exists as required by section 337. Id. The Commission
named seven respondents: WONKA; cBright Lighting, Inc. of San Leandro,
California (``cBright''); Dauer Manufacturing Corp. of Medley, Florida
(``Dauer''); FUSA Corp. of Medley, Florida (``FUSA''); CAST Lighting
LLC of Hawthorne, New Jersey (``CAST''); Lumien Enterprise, Inc. d/b/a
Lumien Lighting of Acworth, Georgia (``Lumien''); and Jiangsu Sur
Lighting Co., Ltd. of Jiangsu Province, China (with Lumien, the
``Lumien Respondents''). Id. The Office of Unfair Import Investigations
is not named as a party in this investigation. Id.
This investigation has been terminated as to the Lumien Respondents
and CAST; and cBright, Dauer, and FUSA have been found to be in
default. Order No. 13 (July 9, 2021), unreviewed by Notice (July 29,
2021); Order No. 14 (Aug. 4, 2021), unreviewed by Notice (Aug. 18,
2021); Order No. 20 (Sept. 10, 2021), unreviewed by Notice (Oct. 6,
2021); Order No. 22 (Sept. 24, 2021), unreviewed by Notice (Oct. 14,
2021).
On September 21, 2021, WAC and WONKA filed a joint, unopposed
motion to terminate this investigation with respect to WONKA based on a
[[Page 60070]]
consent order stipulation and a proposed consent order.
On September 24, 2021, the ALJ issued Order No. 23, the subject ID,
which grants the motion. The subject ID found that the joint motion,
consent order stipulation, and proposed consent order satisfy the
requirements of Commission Rule 210.21, paragraphs (c)(3) and (c)(4)
(19 CFR 210.21(c)(3), (c)(4)). The ID also found that termination of
WONKA would not be contrary to the public interest.
The Commission has determined not to review the subject ID. WONKA
is terminated from the investigation. The Commission has issued a
consent order to WONKA.
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: The complainant 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 submissions, Complainant is also requested to
identify the remedy sought and to submit proposed remedial orders for
the Commission's consideration. Complainant is further requested to
state the dates that the Asserted Patents expire, to provide the HTSUS
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 November 9, 2021. Reply submissions must be filed
no later than the close of business on November 16, 2021. No further
submissions on any of 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 (March 19, 2020). Submissions should refer to the
investigation number (Inv. No. 337-TA-1261) in a prominent place on the
cover page and/or the first page. (See Handbook for Electronic Filing
Procedures, <a href="https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf">https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf</a>). 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. A redacted
non-confidential version of the document must also be filed
simultaneously with any confidential filing. 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 October
26, 2021.
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).
While temporary remote operating procedures are in place in
response to COVID-19, the Office of the Secretary is not able to serve
parties that have not retained counsel or otherwise provided a point of
contact for electronic service. Accordingly, pursuant to Commission
Rules 201.16(a) and 210.7(a)(1) (19 CFR 201.16(a), 210.7(a)(1)), the
Commission orders that the Complainant(s) complete service for any
party/parties without a method of electronic service noted on the
attached Certificate of Service and shall file proof of service on the
Electronic Document Information System (EDIS).
By order of the Commission.
Issued: October 26, 2021.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2021-23632 Filed 10-28-21; 8:45 am]
BILLING CODE 7020-02-P
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