Notice2022-00374
Notice of a Commission Determination To Issue Remedial Orders Against the Defaulting Respondents; Termination of the Investigation; Certain LED Landscape Lighting Devices and Components Thereof
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
January 12, 2022
Issuing agencies
International Trade Commission
Abstract
Notice is hereby given that the U.S. International Trade Commission has determined to issue a limited exclusion order and cease and desist orders against the respondents found to be in default in this investigation, namely, cBright Lighting, Inc. of San Leandro, California ("cBright"), Dauer Manufacturing Corp. of Medley, Florida ("Dauer"), and FUSA Corp. of Medley, Florida ("FUSA"). The Commission has also determined to impose a bond equal to one hundred percent (100%) of the entered value of the infringing products imported during the period of Presidential review. This investigation is hereby terminated.
Full Text
<html>
<head>
<title>Federal Register, Volume 87 Issue 8 (Wednesday, January 12, 2022)</title>
</head>
<body><pre>
[Federal Register Volume 87, Number 8 (Wednesday, January 12, 2022)]
[Notices]
[Pages 1785-1786]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-00374]
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1261]
Notice of a Commission Determination To Issue Remedial Orders
Against the Defaulting Respondents; Termination of the Investigation;
Certain LED Landscape Lighting Devices and Components Thereof
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
[[Page 1786]]
SUMMARY: Notice is hereby given that the U.S. International Trade
Commission has determined to issue a limited exclusion order and cease
and desist orders against the respondents found to be in default in
this investigation, namely, cBright Lighting, Inc. of San Leandro,
California (``cBright''), Dauer Manufacturing Corp. of Medley, Florida
(``Dauer''), and FUSA Corp. of Medley, Florida (``FUSA''). The
Commission has also determined to impose a bond equal to one hundred
percent (100%) of the entered value of the infringing products imported
during the period of Presidential review. This investigation is hereby
terminated.
FOR FURTHER INFORMATION CONTACT: Ronald A. Traud, 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#6326272a30502b060f132316100a17004d040c15"><span class="__cf_email__" data-cfemail="195c5d504a2a517c7569596c6a706d7a377e766f">[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 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 following were
named as respondents in the investigation: cBright; Dauer; FUSA;
Shenzhen Wanjia Lighting Co., Ltd. d/b/a WONKA of Shenzhen, China
(``WONKA''); 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 (``Jiangsu''). Id. The Office of Unfair Import Investigations is
not a party to the investigation.
The Commission previously found cBright, Dauer, and FUSA
(collectively, the ``Defaulting Respondents'') in default. Order No. 13
(July 9, 2021) (finding cBright in default), unreviewed by Notice (July
29, 2021); Order No. 14 (Aug. 4, 2021) (finding Dauer and FUSA in
default), unreviewed by Notice (Aug. 18, 2021). The investigation was
previously terminated as to all other respondents. Order No. 20 (Sept.
10, 2021) (terminating the investigation as to Lumien and Jiangsu),
unreviewed by Notice (Oct. 6, 2021); Order No. 22 (Sept. 24, 2021)
(terminating the investigation as to CAST), unreviewed by Notice (Oct.
14, 2021); Order No. 23 (Sept. 24, 2021) (terminating the investigation
as to WONKA), unreviewed by Notice (Oct. 26, 2021).
The Commission, in terminating the last active respondent from the
investigation, also requested briefing on the issues of remedy, the
public interest, and bonding. Notice (Oct. 26, 2021). On November 9,
2021, WAC filed a statement on remedy, public interest, and bonding.
Neither the Defaulting Respondents nor any other interested person
filed a response to either the Commission's original notice or the
statement filed by WAC.
On October 5, 2021, WAC filed a Declaration Seeking Immediate
Relief Against Defaulting Respondents.
Upon review of WAC's submission and based upon the request of the
complainant, and in the absence of any responses from interested
persons, the Commission has determined to issue a limited exclusion
order and cease and desist orders against the Defaulting Respondents.
The Commission finds that the public interest factors do not preclude
issuance of the requested relief. The Commission has further determined
to set a bond equal to one hundred percent (100%) of the entered value
of the covered products. The Commission also denies as moot WAC's
October 5, 2021, Declaration Seeking Immediate Relief Against
Defaulting Respondents. This investigation is hereby terminated.
The Commission vote for this determination took place on January 6,
2022.
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: January 6, 2022.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2022-00374 Filed 1-11-22; 8:45 am]
BILLING CODE 7020-02-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on January 12, 2022.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.