Notice2022-19992
Certain Fitness Devices, Streaming Components Thereof, and Systems Containing Same; Notice of Request for Submissions on the Public Interest
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
September 15, 2022
Issuing agencies
International Trade Commission
Abstract
Notice is hereby given that on September 9, 2022, the presiding administrative law judge ("ALJ") issued an Initial Determination on Violation of section 337. The ALJ also issued a Recommended Determination on remedy and bonding should a violation be found in the above-captioned investigation. The Commission is soliciting submissions on public interest issues raised by the recommended relief should the Commission find a violation. This notice is soliciting comments from the public only.
Full Text
<html>
<head>
<title>Federal Register, Volume 87 Issue 178 (Thursday, September 15, 2022)</title>
</head>
<body><pre>
[Federal Register Volume 87, Number 178 (Thursday, September 15, 2022)]
[Notices]
[Pages 56698-56699]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-19992]
=======================================================================
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1265]
Certain Fitness Devices, Streaming Components Thereof, and
Systems Containing Same; Notice of Request for Submissions on the
Public Interest
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that on September 9, 2022, the
presiding administrative law judge (``ALJ'') issued an Initial
Determination on Violation of section 337. The ALJ also issued a
Recommended Determination on remedy and bonding should a violation be
found in the above-captioned investigation. The Commission is
soliciting submissions on public interest issues raised by the
recommended relief should the Commission find a violation. This notice
is soliciting comments from the public only.
FOR FURTHER INFORMATION CONTACT: Clint Gerdine, Esq., Office of the
General Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202) 708-2310. 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#0a4f4e435939426f667a4a7f79637e69246d657c"><span class="__cf_email__" data-cfemail="eaafaea3b9d9a28f869aaa9f99839e89c48d859c">[email protected]</span></a>. General information concerning the Commission
[[Page 56699]]
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: Section 337 of the Tariff Act of 1930
provides that, if the Commission finds a violation, it shall exclude
the articles concerned from the United States:
unless, after considering the effect of such exclusion upon the
public health and welfare, competitive conditions in the United
States economy, the production of like or directly competitive
articles in the United States, and United States consumers, it finds
that such articles should not be excluded from entry.
19 U.S.C. 1337(d)(1). A similar provision applies to cease and desist
orders. 19 U.S.C. 1337(f)(1).
The Commission is soliciting submissions on public interest issues
raised by the recommended relief should the Commission find a
violation, specifically: (1) limited exclusion orders directed to
certain fitness devices, streaming components thereof, and systems
containing same imported, sold for importation, and/or sold after
importation by respondents iFIT Inc., FreeMotion Fitness, Inc., and
NordicTrack, Inc., all of Logan, Utah; lululemon athletica inc.
(``lululemon'') of Vancouver, Canada; and Curiouser Products Inc. d/b/a
MIRROR and Peloton Interactive, Inc., both of New York, New York
(collectively, the ``Respondents'') that infringe one or more of
asserted claims 1 and 3-5 of U.S. Patent No. 9,407,564; claims 1-2 and
4-5 of U.S. Patent No. 10,757,156; claims 16-17 and 20 of U.S. Patent
No. 10,469,554; and claims 10-11 and 14-15 of U.S. Patent No.
10,469,555; and (2) cease and desist orders directed to Respondents
with respect to these asserted claims. Parties are to file public
interest submissions pursuant to 19 CFR 210.50(a)(4).
The Commission is interested in further development of the record
on the public interest in this investigation. Accordingly, members of
the public are invited to file submissions of no more than five (5)
pages, inclusive of attachments, concerning the public interest in
light of the ALJ's Recommended Determination on Remedy and Bonding
issued in this investigation on September 9, 2022. Comments should
address whether issuance of the recommended remedial orders in this
investigation, should the Commission find a violation, would affect the
public health and welfare in the United States, competitive conditions
in the United States economy, the production of like or directly
competitive articles in the United States, or United States consumers.
In particular, the Commission is interested in comments that:
(i) explain how the articles potentially subject to the recommended
remedial orders are used in the United States;
(ii) identify any public health, safety, or welfare concerns in the
United States relating to the recommended orders;
(iii) identify like or directly competitive articles that
complainant, its licensees, or third parties make in the United States
which could replace the subject articles if they were to be excluded;
(iv) indicate whether complainant, complainant's licensees, and/or
third-party suppliers have the capacity to replace the volume of
articles potentially subject to the recommended orders within a
commercially reasonable time; and
(v) explain how the recommended orders would impact consumers in
the United States.
Written submissions must be filed no later than by the close of
business on October 11, 2022.
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-1265'') 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. A redacted
non-confidential version of the document must also be filed
simultaneously with 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.
This action is taken under the authority of 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: September 12, 2022.
Katherine Hiner,
Acting Secretary to the Commission.
[FR Doc. 2022-19992 Filed 9-14-22; 8:45 am]
BILLING CODE 7020-02-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on September 15, 2022.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.