Notice2022-14270
Notice of a Commission Determination Not to Review an Initial Determination Granting Return of Bond; Termination of Bond Return Proceeding; Certain Light-Emitting Diode Products, Fixtures, and Components Thereof
Primary source
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Published
July 5, 2022
Issuing agencies
International Trade Commission
Abstract
Notice is hereby given that the U.S. International Trade Commission ("Commission") has determined not to review an initial determination ("ID") (Order No. 28) of the presiding administrative law judge ("ALJ"), granting a motion filed by RAB Lighting Inc. of Northvale, New Jersey ("RAB") seeking a return of its bond. The bond return proceeding is terminated.
Full Text
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<title>Federal Register, Volume 87 Issue 127 (Tuesday, July 5, 2022)</title>
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[Federal Register Volume 87, Number 127 (Tuesday, July 5, 2022)]
[Notices]
[Pages 39870-39871]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-14270]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1213]
Notice of a Commission Determination Not to Review an Initial
Determination Granting Return of Bond; Termination of Bond Return
Proceeding; Certain Light-Emitting Diode Products, Fixtures, and
Components Thereof
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 not to review an initial
determination (``ID'') (Order No. 28) of the presiding administrative
law judge (``ALJ''), granting a motion filed by RAB Lighting Inc. of
Northvale, New Jersey (``RAB'') seeking a return of its bond. The bond
return proceeding is terminated.
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#7a3f3e332949321f160a3a0f09130e19541d150c"><span class="__cf_email__" data-cfemail="e8adaca1bbdba08d8498a89d9b819c8bc68f879e">[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 August 17, 2020, based on a complaint filed on behalf of Ideal
Industries Lighting LLC d/b/a Cree Lighting (``Cree'') of Durham, North
Carolina. 85 FR 50047-48 (Aug. 17, 2020). The complaint, as
supplemented, alleged violations of the Tariff Act of 1930, as amended,
19 U.S.C. 1337 (``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 light-emitting diode products,
fixtures, and components thereof by reason of infringement of certain
claims of U.S. Patent Nos. 8,403,531 (``the '531 patent''); 8,596,819
(``the '819 patent''); 8,777,449 (``the '449 patent''); 9,261,270
(``the '270 patent''); and 9,476,570 (``the '570 patent''). The
complaint further alleged the existence of a domestic industry. The
Commission's notice of investigation named RAB as the sole respondent.
The Office of Unfair Import Investigations did not participate in the
investigation.
On October 25, 2021, the Commission determined to review in part a
final ID on violation issued by the presiding Administrative Law Judge.
86 FR 60071-72 (Oct. 29, 2021). The Commission determined not to review
the final ID's finding of a violation of section 337 with respect to
the '270 and '570 patents and finding of no violation with respect to
the '449 patent.
On December 16, 2021, the Commission issued a final determination
affirming the final ID's finding of no violation as to the '531 and
'819 patents. 86 FR 72623-24 (Dec. 22, 2021). As a remedy for the
finding of a violation with respect to the '270 and '570 patents, the
Commission issued a limited exclusion order (``LEO'') directed against
RAB's infringing products and a cease and desist order (``CDO'')
directed against RAB. Id.
Cree and RAB each timely appealed the Commission's final
determination to
[[Page 39871]]
the U.S. Court of Appeals for the Federal Circuit. The separate appeals
were subsequently consolidated. On March 28, 2022, the Cree and RAB
jointly moved to voluntarily dismiss their appeal and cross-appeal. See
Ideal Industries Lighting LLC v. ITC, Appeal Nos. 2022-1484, -1501,
Joint Stipulation for Voluntary Dismissal (Mar. 28, 2022). The Federal
Circuit granted the motion and dismissed the appeals the following day.
See Ideal Industries Lighting LLC v. ITC, Appeal Nos. 22-1484, -1501,
Order (Fed. Cir. Mar. 29, 2022).
On April 8, 2022, Cree and RAB jointly petitioned to rescind the
previously-issued LEO and CDO based on settlement pursuant to section
337(k) (19 U.S.C. 1337(k)) and Commission Rule 210.76(a) (19 CFR
210.76(a)). On May 6, 2022, the Commission granted the parties'
petition and rescinded the remedial orders. 87 FR 29178-79 (May 12,
2022).
On April 13, 2022, RAB filed an unopposed motion seeking the return
of bond paid by RAB under the CDO and LEO during the period of
Presidential review to the Commission and U.S. Customs and Border
Protection, respectively.
On May 18, 2022, the ALJ issued Order No. 28, the subject ID,
granting the motion pursuant to Commission Rule 210.50(d)(3) (19 CFR
210.50(d)(3)). The ID finds that RAB satisfied the procedural
requirements for the return of bond and that there is no reason to deny
the motion.
No party filed a petition for review of the subject ID.
The Commission has determined not to review the subject ID.
The Commission vote for this determination took place on June 29,
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 29, 2022.
Katherine Hiner,
Acting Secretary to the Commission.
[FR Doc. 2022-14270 Filed 7-1-22; 8:45 am]
BILLING CODE 7020-02-P
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