Notice2022-26964
Certain Marine Air Conditioning Systems, Components Thereof, and Products Containing the Same; Institution of Investigation
Primary source
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Published
December 13, 2022
Issuing agencies
International Trade Commission
Abstract
Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on November 7, 2022, under section 337 of the Tariff Act of 1930, as amended, on behalf of Dometic Corporation of Rosemont, Illinois and Dometic Sweden AB of Solna, Sweden. Supplements were filed on November 10, November 25, and November 28, 2022. The complaint alleges violations of 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 marine air conditioning systems, components thereof, and products containing same by reason of the infringement of certain claims of U.S. Patent No. 8,056,351 ("the '351 patent"). The complaint further alleges that an industry in the United States exists as required by the applicable Federal Statute. The complainant requests that the Commission institute an investigation and, after the investigation, issue a limited exclusion order and cease and desist orders.
Full Text
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<title>Federal Register, Volume 87 Issue 238 (Tuesday, December 13, 2022)</title>
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[Federal Register Volume 87, Number 238 (Tuesday, December 13, 2022)]
[Notices]
[Pages 76216-76217]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-26964]
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INTERNATIONAL TRADE COMMISSION
[Inv. No. 337-TA-1346]
Certain Marine Air Conditioning Systems, Components Thereof, and
Products Containing the Same; Institution of Investigation
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
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SUMMARY: Notice is hereby given that a complaint was filed with the
U.S. International Trade Commission on November 7, 2022, under section
337 of the Tariff Act of 1930, as amended, on behalf of Dometic
Corporation of Rosemont, Illinois and Dometic Sweden AB of Solna,
Sweden. Supplements were filed on November 10, November 25, and
November 28, 2022. The complaint alleges violations of 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 marine air conditioning systems, components thereof, and
products containing same by reason of the infringement of certain
claims of U.S. Patent No. 8,056,351 (``the '351 patent''). The
complaint further alleges that an industry in the United States exists
as required by the applicable Federal Statute. The complainant requests
that the Commission institute an investigation and, after the
investigation, issue a limited exclusion order and cease and desist
orders.
ADDRESSES: The complaint, except for any confidential information
contained therein, 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#490c0d001a7a012c2539093c3a203d2a672e263f"><span class="__cf_email__" data-cfemail="8ecbcac7ddbdc6ebe2fecefbfde7faeda0e9e1f8">[email protected]</span></a>. Hearing impaired individuals are advised that
information on this matter can be obtained by contacting the
Commission's TDD terminal on (202) 205-1810. Persons with mobility
impairments who will need special assistance in gaining access to the
Commission should contact the Office of the Secretary at (202) 205-
2000. 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>.
FOR FURTHER INFORMATION CONTACT: Jessica Mullan, Office of Docket
Services, U.S. International Trade Commission, telephone (202) 205-
1802.
SUPPLEMENTARY INFORMATION:
Authority: The authority for institution of this investigation is
contained in section 337 of the Tariff Act of 1930, as amended, 19
U.S.C. 1337, and in section 210.10 of the Commission's Rules of
Practice and Procedure, 19 CFR 210.10 (2022).
Scope of Investigation: Having considered the complaint, the U.S.
International Trade Commission, on December 7, 2022, Ordered that--
(1) Pursuant to subsection (b) of section 337 of the Tariff Act of
1930, as amended, an investigation be instituted to determine whether
there is a violation of subsection (a)(1)(B) of section 337 in the
importation into the United States, the sale for importation, or the
sale within the United States after importation of certain products
identified in paragraph (2) by reason of infringement of one or more of
claims 1-5, 7, 11, and 17-22 of the '351 patent, and whether an
industry in the United States exists as required by subsection (a)(2)
of section 337;
(2) Pursuant to section 210.10(b)(1) of the Commission's Rules of
Practice and Procedure, 19 CFR 210.10(b)(1), the plain language
description of the accused products or category of accused products,
which defines the scope of the investigation, is ``marine air
conditioning systems for use in nautical vehicles, having marine blower
systems adapted to nautical vehicles, main body systems for use in
marine air conditioning units, or assemblies for adjusting the blower
with respect to the aforementioned main body'';
(3) For the purpose of the investigation so instituted, the
following are hereby named as parties upon which this notice of
investigation shall be served:
(a) The complainants are:
Dometic Corporation, 5600 N. River Road, Suite 250, Rosemont, IL 60018
Dometic Sweden AB, Hemv[auml]rnsgatan 15 6 tr, Solna, SE, SE-171 54
(b) The respondents are the following entities alleged to be in
violation of section 337, and are the parties upon which the complaint
is to be served:
Shanghai Hopewell Industrial Co. Ltd., Room 1201, 2nd floor, Liancheng
Piazza, Fengxian District, Shanghai 201401, China
Shanghai Hehe Industrial Co. Ltd., No. 418 Gonggeng Road, Fengcheng
Town. Fengxian District, Shanghai 201400, China
CitiMarine, L.L.C., 3330 NW 112 Avenue, #4, Doral, Florida 33172
Mabru Power Systems, Inc., 1105 Old Griffin Road, Dania Beach, Florida
33004
(3) For the investigation so instituted, the Chief Administrative
Law Judge, U.S. International Trade Commission, shall designate the
presiding Administrative Law Judge.
[[Page 76217]]
The Office of Unfair Import Investigation is not a party to this
investigation.
Responses to the complaint and the notice of investigation must be
submitted by the named respondents in accordance with section 210.13 of
the Commission's Rules of Practice and Procedure, 19 CFR 210.13.
Pursuant to 19 CFR 201.16(e) and 210.13(a), as amended in 85 FR 15798
(March 19, 2020), such responses will be considered by the Commission
if received not later than 20 days after the date of service by the
complainants of the complaint and the notice of investigation.
Extensions of time for submitting responses to the complaint and the
notice of investigation will not be granted unless good cause therefor
is shown.
Failure of a respondent to file a timely response to each
allegation in the complaint and in this notice may be deemed to
constitute a waiver of the right to appear and contest the allegations
of the complaint and this notice, and to authorize the administrative
law judge and the Commission, without further notice to the respondent,
to find the facts to be as alleged in the complaint and this notice and
to enter an initial determination and a final determination containing
such findings, and may result in the issuance of an exclusion order or
a cease and desist order or both directed against the respondent.
By order of the Commission.
Issued: December 7, 2022.
Katherine Hiner,
Acting Secretary to the Commission.
[FR Doc. 2022-26964 Filed 12-12-22; 8:45 am]
BILLING CODE 7020-02-P
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</html>Indexed from Federal Register on December 13, 2022.
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