Notice2022-13610
Certain Electrical Connectors and Cages, Components Thereof, and Products Containing the Same; Commission Determination To Review in Part a Final Initial Determination; Request for Written Submissions on Certain Issues Under Review and on Remedy, the Public Interest, and Bonding; Extension of the Target Date
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Published
June 27, 2022
Issuing agencies
International Trade Commission
Abstract
Notice is hereby given that the U.S. International Trade Commission ("Commission") has determined to review in part a final initial determination ("ID") of the presiding administrative law judge ("ALJ"). The Commission requests written submissions from the parties on certain issues under review and 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. The Commission also extends the target date to September 8, 2022.
Full Text
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<title>Federal Register, Volume 87 Issue 122 (Monday, June 27, 2022)</title>
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[Federal Register Volume 87, Number 122 (Monday, June 27, 2022)]
[Notices]
[Pages 38180-38181]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-13610]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1241]
Certain Electrical Connectors and Cages, Components Thereof, and
Products Containing the Same; Commission Determination To Review in
Part a Final Initial Determination; Request for Written Submissions on
Certain Issues Under Review and on Remedy, the Public Interest, and
Bonding; Extension of the Target Date
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
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SUMMARY: Notice is hereby given that the U.S. International Trade
Commission (``Commission'') has determined to review in part a final
initial determination (``ID'') of the presiding administrative law
judge (``ALJ''). The Commission requests written submissions from the
parties on certain issues under review and 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. The Commission also extends the target date
to September 8, 2022.
FOR FURTHER INFORMATION CONTACT: Amanda P. Fisherow, 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 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#094c4d405a3a416c6579497c7a607d6a276e667f"><span class="__cf_email__" data-cfemail="b7f2f3fee484ffd2dbc7f7c2c4dec3d499d0d8c1">[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: On January 26, 2021, the Commission
instituted this investigation under section 337 of the Tariff Act of
1930, as amended, 19 U.S.C. 1337, based on a complaint filed by
Amphenol Corp. of Wallingford, Connecticut (``Amphenol,'' or
``Complainant''). 86 FR 7104-05 (Jan. 26, 2021). The complaint alleged
a violation of section 337 in the importation into the United States,
the sale for importation, or the sale within the United States after
importation of electrical connectors and cages, components thereof, and
products containing the same by reason of infringement of certain
claims of U.S. Patent Nos. 7,371,117 (``the '117 patent''); 8,371,875
(``the '875 patent''); 8,864,521 (``the '521 Patent''); 9,705,255
(``the '255 patent''); and 10,381,767 (``the '767 patent''). The
complaint also alleged the existence of a domestic industry. The notice
of investigation named as respondents: Luxshare Precision Industry Co.,
Ltd. and Dongguan Luxshare Precision Industry Co. Ltd., both of
Dongguan City, China; Luxshare Precision Limited (HK) of Fotan, Hong
Kong; and Luxshare-ICT Inc. of Milpitas, California (collectively,
``Luxshare,'' or ``Respondents''). Id. at 7104. The Commission's Office
of Unfair Import Investigations is not named as a party in this
investigation. Id.
Subsequently, the ALJ granted Complainant's motion for partial
termination of the investigation by withdrawal of the '875 and the '521
patents, and claims 2, 14, 17-19, and 25-27 of the '117 patent; claims
1-3, 5-8, and 18 of the '255 patent; and claims 2-3, 7, 14, 20-22, 30,
and 32 of the '767 patent. See Order No. 29 (Oct. 13, 2021), unreviewed
by Comm'n Notice (Nov. 3, 2021). The ALJ also granted in part and
denied in part Complainant's motion for summary determination that it
has satisfied the importation requirement. See Order No. 34 (Oct. 28,
2021), unreviewed by Comm'n Notice (Nov. 29, 2021). The ALJ also
granted in part Luxshare's motion for summary determination that the
importation requirement has not been met for certain products. See
Order No. 35. On November 29, 2021, the Commission determined to review
that determination. Comm'n Notice (Nov. 29, 2021).
On March 11, 2022, the ALJ issued the final ID. On March 25, 2022,
Complainant petitioned for review of the final ID. On April 4, 2022,
Respondents filed a response.
Having reviewed the record of the investigation, including the
final ID, the parties' submissions to the ALJ and the Commission, the
Commission has determined to review the ID in part. Specifically, the
Commission has determined to review the ID's findings on (1)
importation, including any findings impacted by the determination on
importation; (2) the Redesigned Products; (3) infringement for claim 9
of the '117 patent; (4) the construction of the term ``contact tail
adapted for attachment to the printed circuit board that is
perpendicular to the . . . printed circuit board'' of the '767 patent;
(5) infringement analysis for claims 1, 4-6, 9-13, 15-17, 19, and 23 of
the '767 patent; (6) the technical prong findings for the '767 patent;
(7) obviousness for the '767 patent; and (8) the economic prong of
domestic industry analysis.
In connection with its review, the Commission requests responses to
the following question. The parties are requested to brief their
positions with reference to the applicable law and the existing
evidentiary record.
(1) Please address whether Complainant waived the argument that
the QSFP 2x1 SMT products are representative of the QSFP 2x1 Press-
fit products. Please include citations to the record before the ALJ.
The parties are invited to brief only the discrete question
identified above. The parties are not to brief other issues on review,
which are adequately presented in the parties' existing filings.
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
[[Page 38181]]
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 parties to the investigation are requested
to file written submissions in response to the briefing question
identified in this notice. Parties 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. Such submissions should address the recommended
determination by the ALJ on remedy and bonding.
In its initial submission, Complainant is also requested to
identify the remedy sought and is requested to submit proposed remedial
orders for the Commission's consideration. Complainant is further
requested 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 July 6, 2022. Reply submissions must
be filed no later than the close of business on July 14, 2022. No
further submissions on these issues will be permitted unless otherwise
ordered by the Commission. Opening submissions are limited to 25 pages.
Reply submissions are limited to 20 pages. 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-1241) 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. Any non-
party wishing to submit comments containing confidential information
must serve those comments on the parties to the investigation pursuant
to the applicable Administrative Protective Order. A redacted non-
confidential version of the document must also be filed with the
Commission and served on any parties to the investigation within two
business days of 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 has also determined to extend the target date for
completion of the investigation to September 8, 2022.
The Commission vote for this determination took place on June 21,
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).
By order of the Commission.
Issued: June 21, 2022.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2022-13610 Filed 6-24-22; 8:45 am]
BILLING CODE 7020-02-P
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