Notice2022-17111
Certain Composite Baseball and Softball Bats and Components Thereof Notice of a Commission Determination Not To Review an Initial Determination Terminating the Investigation With Respect to the Last Active Respondent Based on Settlement; Request for Briefing on Remedy, Bond, and the Public Interest
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Published
August 10, 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 an initial determination ("ID") (Order No. 23) issued by the presiding administrative law judge ("ALJ") terminating the investigation with respect to Juno Athletics LLC ("Juno"), the last active respondent, based on settlement. Juno is hereby terminated from this investigation. The Commission requests written submissions from the parties, interested government agencies, and interested persons on issues of remedy, bonding, and the public interest with respect to the respondent found in default.
Full Text
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<title>Federal Register, Volume 87 Issue 153 (Wednesday, August 10, 2022)</title>
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[Federal Register Volume 87, Number 153 (Wednesday, August 10, 2022)]
[Notices]
[Pages 48690-48692]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-17111]
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INTERNATIONAL TRADE COMMISSION
[Inv. No. 337-TA-1283]
Certain Composite Baseball and Softball Bats and Components
Thereof Notice of a Commission Determination Not To Review an Initial
Determination Terminating the Investigation With Respect to the Last
Active Respondent Based on Settlement; Request for Briefing on Remedy,
Bond, and the Public Interest
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 an initial
determination (``ID'') (Order No. 23) issued by the presiding
administrative law judge (``ALJ'') terminating the investigation with
respect to Juno Athletics LLC (``Juno''), the last active respondent,
based on settlement. Juno is hereby terminated from this investigation.
The Commission requests written submissions from the parties,
interested government agencies, and interested persons on issues of
remedy, bonding, and the public interest with respect to the respondent
found in default.
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#cc8988859fff84a9a0bc8cb9bfa5b8afe2aba3ba"><span class="__cf_email__" data-cfemail="11545558422259747d615164627865723f767e67">[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 of Aventura, Florida; Monsta Athletics LLC of
Calimesa, California (``Monsta''); and Proton Sports Inc. of
Scottsdale, Arizona (``Proton'') as respondents. Id. at 60469. The
Office of Unfair Import Investigations is not a party to this
investigation. Id.
On January 25, 2022, the Commission amended the complaint and
notice of investigation to add TianChang Zhengmu Aluminum Technology
Co., Ltd. of Tianching City, China (``TZA'') as a respondent. Order No.
8 (Dec. 28, 2021), unreviewed by Comm'n Notice (Jan. 25, 2022).
On February 16, 2022, the Commission terminated TZA from the
investigation based on withdrawal of the complaint. Order No. 11 (Jan.
28, 2022), unreviewed by Comm'n Notice (Feb. 16, 2022).
[[Page 48691]]
On April 12, 2022, the Commission found respondent Proton in
default. Order No. 13 (March 30, 2022), unreviewed by Comm'n Notice
(April 12, 2022).
On July 25, 2022, the Commission terminated Monsta from the
investigation based on withdrawal of the complaint. Order No. 21 (June
27, 2022), unreviewed by Comm'n Notice (July 25, 2022).
On July 8, 2022, Easton and Juno filed a joint motion to terminate
the investigation with respect to Juno based on a settlement agreement.
Easton further requested issuance of a limited exclusion order
(``LEO'') against the defaulting respondent, Proton. Joint Motion to
Terminate the Investigation as to Respondent Juno Athletics LLC Based
on Settlement and Motion to Stay the Investigation as to Juno Athletics
LLC at 3 (July 11, 2022).
On July 11, 2022, the presiding ALJ issued the subject ID granting
the motion to terminate the investigation with respect to Juno. Order
No. 23 (July 11, 2022). The subject ID finds that the joint motion
complies with the requirements of Commission Rule 210.21(a), (b) (19
CFR 210.21(a), (b)), in that the settlement agreement completely
resolves the dispute between Easton and Juno, and there are no other
agreements, oral or written, express or implied, between the parties
regarding the subject matter of the investigation. The ID also finds
that terminating Juno serves the public interest by avoiding litigation
and conserving public and private resources. The ID further finds that
terminating Juno is not contrary to the public health and welfare,
competitive conditions in the U.S. economy, the production of like or
directly competitive articles in the United States, or U.S. consumers.
The ID also finds there are no extraordinary circumstances that weigh
against termination. No party filed a petition for review of the
subject ID.
Upon review of the subject ID, the Commission has determined not to
review, and thereby adopts, the subject ID. The investigation is hereby
terminated with respect to Juno.
As Juno was the last active respondent in this investigation, only
Proton, who was previously found in default, remains. As noted above,
Easton seeks an LEO against Proton.
In connection with the final disposition of this investigation, the
statute authorizes issuance of an order that could result in the
exclusion of the subject articles from entry into the United States.
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 (December 1994).
The statute requires the Commission to consider the effects of any
remedy upon the public interest. The public interest factors the
Commission will consider include the effect that an exclusion order
and/or cease-and-desist order 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 action. 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: Parties to this investigation, interested
government agencies, and any other interested parties are requested to
file written submissions on the issues of remedy, the public interest,
and bonding.
In its initial submission, Complainant is requested to identify the
remedy sought and to submit proposed remedial orders for the
Commission's consideration. Complainant is also requested to provide
the HTSUS subheadings under which the accused products are imported.
Complainant is further requested to supply the names of known importers
of a respondent's products at issue in this investigation. Complainant
is also requested to identify and explain, from the record, articles
that it contends are ``components of'' the subject products, and thus
potentially covered by the proposed remedial orders, if imported
separately from the subject products. See 86 FR 60468-469. Failure to
provide this information may result in waiver of any remedy directed to
``components of'' the subject products, in the event any violation may
be found.
The parties' written submissions and proposed remedial orders must
be filed no later than the close of business on August 26, 2022. Reply
submissions must be filed no later than the close of business on
September 5, 2022. Opening submissions are limited to 30 pages. Reply
submissions are limited to 25 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 (Mar. 19, 2020). Submissions should refer to the
investigation number (``Inv. No. 337-TA-1283'') in a prominent place on
the cover page and/or 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 Commission 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. 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 non-confidential
[[Page 48692]]
written submissions will be available for public inspection at the
Office of the Secretary and on EDIS.
The Commission voted to approve this determination on August 4,
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: August 4, 2022.
Katherine Hiner,
Acting Secretary to the Commission.
[FR Doc. 2022-17111 Filed 8-9-22; 8:45 am]
BILLING CODE 7020-02-P
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