Notice2023-02635
Certain Refrigerator Water Filtration Devices and Components Thereof; Notice of Commission Decision Not To Review an Initial Determination Partially Terminating the Investigation as to Certain Respondents Based on Settlement; Request for Written Submissions on Remedy, the Public Interest, and Bonding
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
February 8, 2023
Issuing agencies
International Trade Commission
Abstract
Notice is hereby given that the U.S. International Trade Commission has determined not to review an initial determination ("ID") (Order No. 47) of the presiding Chief Administrative Law Judge ("Chief ALJ") terminating the above-captioned investigation as to respondents Yunda H&H Tech (Tianjin) Co., LTD. of Tianjinshi, China; Tianjin Tianchuang Best Pure Environmental Science And Technology Co. Ltd. of Tianjin, China; Top Pure (Usa) Inc. of Pico Rivera, California; and W&L Trading LLC of Frisco, Texas (collectively, "Third Settling Respondents") based on settlement. The Commission has also determined to request written submissions from the parties, interested government agencies, and interested persons, under the schedule set forth below, on remedy, the public interest, and bonding concerning the defaulting respondents.
Full Text
<html>
<head>
<title>Federal Register, Volume 88 Issue 26 (Wednesday, February 8, 2023)</title>
</head>
<body><pre>
[Federal Register Volume 88, Number 26 (Wednesday, February 8, 2023)]
[Notices]
[Pages 8315-8317]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-02635]
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1290]
Certain Refrigerator Water Filtration Devices and Components
Thereof; Notice of Commission Decision Not To Review an Initial
Determination Partially Terminating the Investigation as to Certain
Respondents Based on Settlement; Request for Written Submissions on
Remedy, the Public Interest, and Bonding
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that the U.S. International Trade
Commission has determined not to review an initial determination
(``ID'') (Order No. 47) of the presiding Chief Administrative Law Judge
(``Chief ALJ'') terminating the above-captioned investigation as to
respondents Yunda H&H Tech (Tianjin) Co., LTD. of Tianjinshi, China;
Tianjin Tianchuang Best Pure Environmental Science And Technology Co.
Ltd. of Tianjin, China; Top Pure (Usa) Inc. of Pico Rivera, California;
and W&L Trading LLC of Frisco, Texas (collectively, ``Third Settling
Respondents'') based on settlement. The Commission has also determined
to request written submissions from the parties, interested government
agencies, and interested persons, under the schedule set forth below,
on remedy, the public interest, and bonding concerning the defaulting
respondents.
FOR FURTHER INFORMATION CONTACT: Houda Morad, Office of the General
Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202) 708-4716. 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#6227262b31512a070e122217110b16014c050d14"><span class="__cf_email__" data-cfemail="286d6c617b1b604d4458685d5b415c4b064f475e">[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: On January 21, 2022, the Commission
instituted this investigation under section 337 of the Tariff Act of
1930, as amended, 19 U.S.C. 1337 (``section 337''), based on a
complaint filed by LG
[[Page 8316]]
Electronics Inc. of Seoul, Republic of Korea, and LG Electronics
Alabama, Inc. of Huntsville, Alabama (collectively, ``Complainants'').
See 87 FR 3331-33 (Jan. 21, 2022). The complaint, as supplemented,
alleges a violation 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 refrigerator water filtration
devices and components thereof by reason of infringement of certain
claims of U.S. Patent Nos. 10,653,984; 10,639,570 (``the '570
patent''); and 10,188,972 (``the '972 patent''). See id. In addition to
the Third Settling Respondents, the notice of investigation names the
following respondents: (1) Qingdao Ecopure Filter Co., Ltd of Qingdao,
China; Qingdao Maxwell Commercial and Trading Company Ltd of Qingdao
Chengyang, China; and Qingdao Uniwell Trading Co., Ltd. of Qingdao,
China (collectively, ``First Settling Respondents''); (2) Express Parts
LLC of Keyport, New Jersey; Ningbo Haishu Keze Replacement Equipment
Co., Ltd. of Ningboshi, China; Ningbo Bichun Technology Co., Ltd.
(formerly Ningbo Haishu Bichun Technology Co., Ltd.) of Ningbo City,
China; Ningbo Haishu Shun'anjie Water Purification Equipment LLC of
Ningbo, China; Shenzhen Yu Tian Qi Technology Co., Ltd. of Shenzhen,
China; and AGA Imports LLC d/b/a ClearWater Filters of Lakewood, New
Jersey (collectively, ``Second Settling Respondents''); (3) Freshlab
LLC of Gainesville, Florida; Isave Strategic Marketing Group LLC of New
York, New York; GT Sourcing Inc. of Monsey, New York; and Refresh
Filters LLC of New York, New York (collectively, ``First Defaulting
Respondents''); (4) All Filters LLC of Salt Lake City, Utah; Jiangsu
Angkua Environmental Technical Co., Ltd. of Nantong, China
(``Jiangsu''); and Shenzen Hangling E-Commerce Co. Ltd of Elmhurst,
Illinois (collectively, ``Second Defaulting Respondents''); (5) JJ
Imports LLC of Elmwood Park, New Jersey (``JJ Imports''); (6) Aicuiying
of Shenzhen, China; Liu Qi of Luliang City, China;
Lvliangshilishiquhuiliwujinbaihuoshan Ghang of Luliang, China; and
Zhenpingxianjiaxuanyazhubaofuzhu Anggongyipinyouxia of Wuhanshi, China
(collectively, ``Unserved Respondents''); (7)
Qinghaishunzexiaofangjianceyouxiang Ongsi of Xining City, China; and
Zhang Ping of Dongyang, China (collectively, ``Third Defaulting
Respondents''); and (8) Pursafet Water Filter (Wuhan) Inc. of Wuhan,
China (``Pursafet''). See id. The Office of Unfair Import
Investigations (``OUII'') is also a party to the investigation. See id.
On April 12, 2022, the Commission terminated the investigation as
to JJ Imports based on the entry of a consent order. See Order No. 14
(Mar. 30, 2022), unreviewed by Comm'n Notice (Apr. 12, 2022). On June
28, August 29, and December 2, 2022, respectively, the Commission found
the First, Second, and Third Defaulting Respondents in default for
failure to respond to the complaint, notice of investigation, and
orders to show cause. See Order No. 22 (June 3, 2022), unreviewed by
Comm'n Notice (June 28, 2022); Order No. 28 (July 28, 2022), unreviewed
by Comm'n Notice (Aug. 29, 2022); Order No. 40 (Nov. 2, 2022),
unreviewed by Comm'n Notice (Dec. 2, 2022). On October 20 and November
8, 2022, respectively, the Commission terminated the investigation as
to the First and Second Settling Respondents. See Order No. 37 (Sept.
28, 2022), unreviewed by Comm'n Notice (Oct. 20, 2022); Order No. 38
(Oct. 7, 2022), unreviewed by Comm'n Notice (Nov. 8, 2022). On December
2, 2022, the Commission partially terminated the investigation as to
the Unserved Respondents based on the withdrawal of the complaint as to
those respondents. See Order No. 39 (Nov. 2, 2022), unreviewed by
Comm'n Notice (Dec. 2, 2022). On December 21, 2022, the Commission
partially terminated the investigation as to Pursafet for good cause
based on dissolution of the corporation. See Order No. 43 (Dec. 2,
2022), unreviewed by Comm'n Notice (Dec. 21, 2022).
On September 16, 2022, the Commission partially terminated the
investigation as to the '972 patent in its entirety. See Order No. 31
(Aug. 16, 2022), unreviewed by Comm'n Notice (Sept. 16, 2022). On
October 3, 2022, the Commission partially terminated the investigation
as to claims 2-8 of the '570 patent. See Order No. 35 (Sept. 19, 2022),
unreviewed by Comm'n Notice (Oct. 3, 2022).
On December 22, 2022, Complainants and the Third Settling
Respondents (collectively, ``the Moving Parties'') filed an unopposed
corrected joint motion to partially terminate the investigation as to
the Third Settling Respondents. On December 23, 2022, OUII filed a
response in support of the motion. No other response was received.
On January 4, 2023, the Chief ALJ issued the subject ID (Order No.
47) granting the joint motion and staying the procedural schedule as to
the Third Settling Respondents. The ID finds that the joint motion
complies with the requirements of Commission Rule 210.21(b), 19 CFR
210.21(b). See ID at 2-3. In particular, the Moving Parties included
public and confidential versions of the settlement agreement. See id.
In addition, the Moving Parties represent that ``[t]here are no other
agreements, written or oral, express or implied, between the [Moving]
Parties concerning the subject matter of this Investigation.'' See id.
The ID also finds no evidence that terminating this investigation on
the basis of settlement would adversely affect the public interest. See
id. at 3. The ID further finds that good cause exists for limiting the
service of the confidential version of the settlement agreement to the
Moving Parties and OUII. See id. at 4. Because no participating
respondent remains in the investigation, the ID also terminates the
investigation in its entirety. See id. at 7. The ID further notes that
Complainants have withdrawn their request for a general exclusion order
and denies as moot Complainants' motion for a recommended determination
as to the defaulting respondents. See id. No petition for review of the
subject ID was filed.
The Commission has determined not to review the subject ID.
Furthermore, on January 11, 2023, Complainants filed a Declaration
under Commission Rule 210.16 (19 CFR 210.16) requesting the immediate
entry of a limited exclusion order against the defaulting respondents
and cease and desist orders against the defaulting respondents except
Jiangsu. Complainants also indicated, pursuant to 19 CFR 210.16(c)(2),
that they are not seeking a general exclusion order. No response to
Complainants' Declaration was received.
Commission Rule 210.16(c)(1) provides that ``[a]fter a respondent
has been found in default by the Commission, the complainant may file
with the Commission a declaration that it is seeking immediate entry of
relief against the respondent in default'' and ``[t]he facts alleged in
the complaint will be presumed to be true with respect to the
defaulting respondent.'' See 19 CFR 210.16. In addition, ``[t]he
Commission may issue an exclusion order, a cease and desist order, or
both, affecting the defaulting respondent only after considering the
effect of such order(s) upon the public health and welfare, competitive
conditions in the U.S. economy, the production of like or directly
competitive articles in the United States, and U.S. consumers, and
concluding that the order(s) should still be issued in light of the
aforementioned public interest factors.'' See id.
Accordingly, the Commission has determined to request written
[[Page 8317]]
submissions from the parties, interested government agencies, and
interested persons, under the schedule set forth below, on remedy, the
public interest, and bonding. More specifically, 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 (Dec. 1994).
If the Commission contemplates some form of remedy, it must
consider the effects of that remedy upon the public interest. The
factors the Commission will consider include the effect that an
exclusion order and/or cease and desist orders 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
or disapprove, or take no action on the Commission's determination. 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 the investigation, interested
government agencies, and any other interested parties are encouraged to
file written submissions on the issues of remedy, the public interest,
and bonding. Complainants are also requested to submit proposed
remedial orders for the Commission's consideration. Complainants are
further requested to provide the HTSUS numbers under which the accused
products are imported, and to supply the names of known importers of
the products at issue in this investigation.
Written submissions and proposed remedial orders must be filed no
later than close of business on February 13, 2023. Reply submissions
must be filed no later than the close of business on February 20, 2023.
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 (March 19, 2020). Submissions should refer to the
investigation number (``Inv. No. 337-TA-1290'') 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. 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 written submissions will be available
for public inspection at the Office of the Secretary and on EDIS.
The Commission's vote for these determinations took place on
February 2, 2023.
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).
While temporary remote operating procedures are in place in
response to COVID-19, the Office of the Secretary is not able to serve
parties that have not retained counsel or otherwise provided a point of
contact for electronic service. Accordingly, pursuant to Commission
Rules 201.16(a) and 210.7(a)(1) (19 CFR 201.16(a), 210.7(a)(1)), the
Commission orders that the complainant(s) complete service for any
party/parties without a method of electronic service noted on the
attached Certificate of Service and shall file proof of service on the
Electronic Document Information System (EDIS).
By order of the Commission.
Issued: February 2, 2023.
Katherine Hiner,
Acting Secretary to the Commission.
[FR Doc. 2023-02635 Filed 2-7-23; 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 February 8, 2023.
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.