Notice2022-02056
Certain Composite Baseball and Softball Bats and Components Thereof; Commission Determination Not To Review Two Initial Determinations Granting Complainant's Motion To Amend the Complaint and Notice of Investigation To Add a Respondent and Extending the Target Date for Completion of This Investigation
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
February 2, 2022
Issuing agencies
International Trade Commission
Abstract
Notice is hereby given that the U.S. International Trade Commission (the "Commission") has determined not to review two initial determinations ("ID") issued by the then-presiding, former chief administrative law judge ("CALJ") granting the complainant's motion to amend the complaint and notice of investigation to add a new respondent (Order No. 8) and extending the target date for completion of this investigation to May 2, 2023 (Order No. 9).
Full Text
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<title>Federal Register, Volume 87 Issue 22 (Wednesday, February 2, 2022)</title>
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[Federal Register Volume 87, Number 22 (Wednesday, February 2, 2022)]
[Notices]
[Pages 5838-5839]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-02056]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1283]
Certain Composite Baseball and Softball Bats and Components
Thereof; Commission Determination Not To Review Two Initial
Determinations Granting Complainant's Motion To Amend the Complaint and
Notice of Investigation To Add a Respondent and Extending the Target
Date for Completion of This 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 (the ``Commission'') has determined not to review two
initial determinations (``ID'') issued by the then-presiding, former
chief administrative law judge (``CALJ'') granting the complainant's
motion to amend the complaint and notice of investigation to add a new
respondent (Order No. 8) and extending the target date for completion
of this investigation to May 2, 2023 (Order No. 9).
FOR FURTHER INFORMATION CONTACT: Carl P. Bretscher, Office of the
General Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202) 205-2382. Copies of non-
confidential documents filed in connection with this investigation may
be viewed on the Commission's electronic docket system (``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#f2b7b6bba1c1ba979e82b287819b8691dc959d84"><span class="__cf_email__" data-cfemail="1a5f5e534929527f766a5a6f69736e79347d756c">[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, telephone (202) 205-1810.
SUPPLEMENTARY INFORMATION: The Commission instituted this investigation
on November 2, 2021, based on a complaint filed and supplemented by
Easton Diamond Sports, LLC of Thousand Oaks, California (``Easton'').
86 FR 60468-469 (Nov. 2, 2021). The complaint alleges a violation of
section 337 of the Tariff Act, as amended, 19 U.S.C. 1337, based on the
importation, sale for importation, or sale in the United States after
importation of certain composite baseball and softball bats and
components thereof by reason of infringement of one or more asserted
claims of U.S. Patent No. 6,997,826. Id. The complaint further alleges
the existence of a domestic industry. Id.
The Commission's notice of investigation names Juno Athletics LLC
of Aventura, Florida (``Juno''); Monsta Athletics LLC of Calimesa,
California (``Monsta''); and Proton Sports Inc. of Scottsdale, Arizona
as respondents. Id. at 60469. The Office of Unfair Import
Investigations is not participating as a party to this investigation.
Id.
On November 30, 2021, Easton moved pursuant to Commission Rule
210.14 (19 CFR 210.14) for leave to amend the complaint and notice of
investigation to add TianChang Zhengmu Aluminum Co., Ltd. (``TZA'') as
a respondent because TZA is allegedly [[ ]] composite softball and
baseball bats and components thereof, e.g., handles and barrels. On
December 9, 2021, Monsta filed a response stating that it did not
oppose Easton's motion, provided the target date is extended. No other
response was filed.
On December 28, 2021, the CALJ issued the first of the subject IDs
(Order No. 8) granting Easton's motion on the basis that a single
proceeding will promote judicial efficiency, conserve Commission's
resources, and best serve the public interest. Order No. 8 at 2 (Dec.
28, 2021). The subject ID further agrees with Monsta that a two-month
extension of time is appropriate, which the ALJ addressed in a separate
ID. Id. at 2 n.5.
On December 29, 2021, the former CALJ issued the second of the
subject IDs (Order No. 9) pursuant to Commission Rule 210.51 (19 CFR
210.51), extending the target date to May 2, 2023. Order No. 9 at 1
(Dec. 29, 2021). Order No. 9 also reschedules the evidentiary hearing
to October 3-7, 2022, and the deadline for issuing the final initial
determination to January 3, 2023. Id.
On January 5, 2022, Easton filed a motion to terminate TZA by
withdrawing the complaint against it. Easton also moved for
reconsideration of Order Nos. 8 and 9 as moot and to stay all
proceedings with respect to TZA. On January 18, 2022, Monsta and Juno
filed responses in opposition to Easton's motion. On January 20, Easton
filed a motion for leave to file a reply to Monsta's and Juno's
oppositions.
On January 5, 2022, Easton filed a petition for review and vacatur
of Order Nos. 8 and 9 in view of its motion to withdraw its complaint
with respect to TZA and to terminate TZA from this investigation.
On January 12, 2022, Monsta filed an opposition to Easton's
petition for review. No other response to Easton's petition was filed.
[[Page 5839]]
Upon review of the subject ID and the parties' submissions, the
Commission has determined not to review, and thereby adopts, both Order
No. 8 and Order No. 9 without prejudice to Easton's pending motion to
terminate the investigation with respect to TZA. The target date for
completion of this investigation is hereby extended to May 2, 2023.
The Commission voted to approve this determination on January 25,
2022.
The authority for the Commission's determinations 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: January 27, 2022.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2022-02056 Filed 2-1-22; 8:45 am]
BILLING CODE 7020-02-P
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