Notice2022-16262
Certain Batteries and Products Containing Same; Notice of a Commission Final Determination of Violation of Section 337; Issuance of a General Exclusion Order; Termination of Investigation
Primary source
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Published
July 29, 2022
Issuing agencies
International Trade Commission
Abstract
Notice is hereby given that the U.S. International Trade Commission has determined that there is a violation of Section 337 of the Tariff Act of 1930, as amended, in the above-captioned investigation. The Commission has issued a general exclusion order ("GEO") barring entry of certain batteries and products containing same that infringe the patents asserted in this investigation. The Commission has terminated this investigation.
Full Text
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<title>Federal Register, Volume 87 Issue 145 (Friday, July 29, 2022)</title>
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[Federal Register Volume 87, Number 145 (Friday, July 29, 2022)]
[Notices]
[Pages 45799-45800]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-16262]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1244]
Certain Batteries and Products Containing Same; Notice of a
Commission Final Determination of Violation of Section 337; Issuance of
a General Exclusion Order; Termination of 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 has determined that there is a violation of Section 337 of
the Tariff Act of 1930, as amended, in the above-captioned
investigation. The Commission has issued a general exclusion order
(``GEO'') barring entry of certain batteries and products containing
same that infringe the patents asserted in this investigation. The
Commission has terminated this investigation.
FOR FURTHER INFORMATION CONTACT: Michael Liberman, Esq., Office of the
General Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202) 205-2392. 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#e5a0a1acb6d6ad808995a590968c9186cb828a93"><span class="__cf_email__" data-cfemail="d297969b81e19ab7bea292a7a1bba6b1fcb5bda4">[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 February 5, 2021, under Section 337 of the Tariff Act of 1930, as
amended, 19 U.S.C. 1337 (``Section 337''), based on a complaint filed
by One World Technologies, Inc. (``One World'') and Techtronic Power
Tools Technology Ltd. (``TTT'') (collectively, ``Complainants''). 86 FR
8379-80 (Feb. 5, 2021). The complaint, as supplemented, alleges a
violation of Section 337 based upon the importation into the United
States, the sale for importation, or the sale within the United States
after importation of certain batteries and products containing same by
reason of infringement of the sole claims of U.S. Patent Nos. D579,868
(``the '868 patent''); D580,353 (``the '353 patent''); and D593,944
(``the '944 patent''). Id. at 8379. The complaint further alleges that
a domestic industry exists. Id. The notice of investigation (``NOI'')
names thirteen (13) respondents: Darui Development Limited (``Darui
Development''); Dongguan Xinjitong Electronic Technology Co., Ltd.
(``Dongguan Electronic''); Shenzhen Laipaili Electronics Co., Ltd.;
Shenzhen MingYang Creation Electronic Co., Ltd.; Shenzhen Rich Hao Yuan
Energy Technology Co., Ltd. (``Shenzhen Rich Hao''); Shenzhen
Runsensheng Trading Co., Ltd.; Shenzhen Saen Trading Co., Ltd.
(``Shenzhen Saen''); Shenzhen Shengruixiang E-Commerce Co., Ltd.;
Shenzhen Uni-Sun Electronics Co., Ltd.; and Shenzhen Vmartego
Electronic Commerce Co., Ltd. (collectively, the ``Defaulted
Respondents''); Shenzhen Liancheng Weiye Industrial Co., Ltd.; Shenzhen
Ollop Technology Co. Ltd.; and Shenzhen Tuo Yu Technology Co., Ltd. Id.
The Office of Unfair Import Investigations (``OUII'') is participating
in this investigation. Id.
On May 17, 2021, Commission terminated the investigation based upon
the withdrawal of the complaint with respect to respondents Shenzhen
Liancheng Weiye Industrial Co., Ltd., Shenzhen Ollop Technology Co.
Ltd., and Shenzhen Tuo Yu Technology Co., Ltd., after Complainants were
unable to serve these respondents with copies of the Complaint and NOI.
Order No. 7 (Apr. 21, 2021), unreviewed by Notice (May 17, 2021).
On April 20, 2021, Complainants filed a motion for an order to show
cause why the remaining ten (10) named respondents (i.e., the Defaulted
Respondents) should not be found in default after failing to respond to
the Complaint and NOI, which had been duly served upon them. On May 4,
2021, the motion was granted and an order to show cause was issued.
Order No. 8 (May 4, 2021). On June 3, 2021, after they failed to
respond to the order to show cause, ALJ issued an ID finding all ten
Defaulted Respondents to be in default. Order No. 9 (June 3, 2021),
unreviewed by Notice (June 23, 2021).
On June 21, 2021, Complainants moved for a summary determination of
violation of Section 337 by the Defaulted Respondents and for a
recommended determination recommending entry of a GEO and a bond at the
rate of 100 percent during the Presidential review period. Complainants
did not request issuance of any cease and desist orders.
On July 16, 2021, OUII filed a response to Complainants' motion
supporting a finding of summary
[[Page 45800]]
determination against only four (4) of the Defaulted Respondents: Darui
Development, Dongguan Electronic, Shenzhen Rich Hao, and Shenzhen Saen.
Specifically, OUII argued Complainants did not sufficiently connect the
importation, sale, or sale after importation of certain of the Accused
Products to the Defaulted Respondents. Otherwise, OUII stated it
generally supports a finding that Complainants have satisfied the
economic prong of the domestic industry requirement under Section
337(a)(3)(A) and (B) (19 U.S.C. 1337(a)(3)(A), (B)) and also supports
Complainants' remedy requests.
On March 25, 2022, the presiding administrative law judge (``ALJ'')
issued an initial determination (Order No. 15) granting in part and
denying in part Complainants' motion for summary determination. The ID
finds that Complainants have shown by reliable, probative, and
substantial evidence that a violation of Section 337 has occurred with
respect to the Asserted Patents as to the following four Defaulted
Respondents: Darui Development, Dongguan Electronic, Shenzhen Rich Hao,
and Shenzhen Saen. The ID finds that no violation has been established
as to any other respondent. The ALJ's recommended determination on
remedy and bonding (``RD'') recommends issuance of a GEO with respect
to the asserted patents. The RD does not recommend issuance of any
cease and desist order.
On April 6, 2022, OUII petitioned for review of certain aspects of
the subject ID. No other petitions or responses to petitions were
filed.
On May 11, 2022, the Commission determined to review the subject ID
in part. See 87 FR 29879-80 (May 17, 2022). Specifically, the
Commission determined to review the ID's finding regarding the economic
prong of the domestic industry requirement and requested briefing. Id.
at 29880. In addition, the Commission determined to review in part the
ID for the limited purpose of making certain corrections in the ID. Id.
The Commission also requested written submissions on remedy, the public
interest, and bonding. Id.
On May 25, 2022, Complainants and OUII filed their opening written
submissions on the issue under review and on remedy, the public
interest, and bonding. On June 1, 2022, OUII filed a reply remedy
submission. No other submissions were received by the Commission.
Having reviewed the submissions filed in response to the Commission
notice, see id., and the evidentiary record, the Commission has
determined to affirm the ID's finding of a violation of Section 337 in
this investigation. The Commission has also determined that the
appropriate form of relief in this investigation is a GEO prohibiting
the unlicensed importation of certain batteries and products containing
same that infringe the '868 patent, the '353 patent, and the '944
patent.
The Commission has further determined that the public interest
factors enumerated in Subsection (d)(1) (19 U.S.C. 1337(d)(1)) do not
preclude issuance of the above-referenced remedial order. Finally, the
Commission has determined that a bond in the amount of one hundred
(100) percent of the entered value is required to permit temporary
importation of the articles in question during the period of
Presidential review (19 U.S.C. 1337(j)). The investigation is
terminated.
The Commission's order and the record upon which it based its
determination were delivered to the President and to the United States
Trade Representative on the day of their issuance. The Commission has
also notified the Secretary of the Treasury of the order.
The Commission vote for this determination took place on July 25,
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: July 25, 2022.
Katherine M. Hiner,
Acting Secretary to the Commission.
[FR Doc. 2022-16262 Filed 7-28-22; 8:45 am]
BILLING CODE 7020-02-P
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