Notice2023-05936
Certain Robotic Pool Cleaners and Components Thereof; Notice of a Commission Determination Not To Review Two Initial Determinations Terminating the Remaining Respondents and the Investigation in Its Entirety; Termination of Investigation
Primary source
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Published
March 23, 2023
Issuing agencies
International Trade Commission
Abstract
Notice is hereby given that the U.S. International Trade Commission has determined not to review two initial determinations ("IDs") (Order Nos. 15 and 16) of the presiding administrative law judge ("ALJ") terminating certain respondents based on a consent order, terminating the remaining respondents based on partial withdrawal of the complaint, and terminating the investigation in its entirety. The investigation is terminated.
Full Text
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<title>Federal Register, Volume 88 Issue 56 (Thursday, March 23, 2023)</title>
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[Federal Register Volume 88, Number 56 (Thursday, March 23, 2023)]
[Notices]
[Pages 17615-17616]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-05936]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1326]
Certain Robotic Pool Cleaners and Components Thereof; Notice of a
Commission Determination Not To Review Two Initial Determinations
Terminating the Remaining Respondents and the Investigation in Its
Entirety; 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 not to review two initial determinations
(``IDs'') (Order Nos. 15 and 16) of the presiding administrative law
judge (``ALJ'') terminating certain respondents based on a consent
order, terminating the remaining respondents based on partial
withdrawal of the complaint, and terminating the investigation in its
entirety. The investigation is terminated.
FOR FURTHER INFORMATION CONTACT: Lynde Herzbach, Office of the General
Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202) 205-3228. 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#490c0d001a7a012c2539093c3a203d2a672e263f"><span class="__cf_email__" data-cfemail="0a4f4e435939426f667a4a7f79637e69246d657c">[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 September 1, 2022, the Commission
instituted this investigation under section 337 of the Tariff Act of
1930, as supplemented, 19 U.S.C. 1337 (``section 337''), based on a
complaint filed by Zodiac Pool Systems LLC of Carlsbad, California and
Zodiac Pool Care Europe,
[[Page 17616]]
ZA La Balme of Belberaud, France (collectively, ``Complainants''). See
87 FR 53788-89 (Sept. 1, 2022). The complaint alleges a violation of
section 337 based upon the importation into the United States, sale for
importation, or sale after importation into the United States of
certain robotic pool cleaners and components thereof by reason of
infringement of certain claims of U.S. Patent Nos. 8,393,029 and
8,393,031. Id. at 53789. The complaint further alleges that a domestic
industry exists. Id. The notice of investigation names four
respondents, including Wybotics Co. Ltd. d/b/a Winny Pool Cleaner, f/k/
a Tianjin Wangyuan, Environmental Protection and Technology Co., Ltd.
of Tianjin, China and Tianjin Pool & Spa Corporation of Commerce,
California (collectively, ``Wybotics''), as well as Shenzhen Aiper
Intelligent Co., Ltd. of Guangdong Province, China; Aiper Intelligent,
LLC of Roswell, Georgia; and Aiper, Inc. of Los Angeles, California
(collectively, ``the Aiper Entities''). Id.
On February 17, 2023, Complainants filed an unopposed motion to
terminate this investigation with respect to the Aiper Entities based
on a consent order stipulation and proposed consent order. No responses
to the motion were filed.
On February 20, 2023, Complainants filed an unopposed motion to
partially withdraw the complaint and terminate this investigation with
respect to Wybotics, the remaining respondents. No responses to the
motion were filed.
On February 21, 2023, the ALJ issued the two subject IDs. See Order
No. 15 (Feb. 21, 2023); Order No. 16 (Feb. 21, 2023). The first subject
ID (Order No. 15) grants the motion to terminate the Aiper Entities and
finds that the unopposed motion, consent order stipulation, and
proposed consent order satisfy the requirements of Commission Rules
210.21(c)(3) and (c)(4) (19 CFR 210.21(c)(3), (c)(4)). The first ID
also finds that termination of the Aiper Entities would not be contrary
to the public interest. The second subject ID (Order No. 16) grants the
motion to terminate the Wybotics respondents, and thus the
investigation in its entirety. The second subject ID finds that
Complainants meet the requirements of Commission Rule 210.21(a) (19 CFR
210.21(a)) and there are no extraordinary circumstances that would
prevent the requested termination of the investigation. The second
subject ID also finds that termination of the investigation would not
be contrary to the public interest.
On February 27, 2023, Wybotics filed a petition for limited review
of Order No. 16. Specifically, Wybotics seeks review of the quotation
of Complainants' statement that Wybotics ``will no longer import or
sell the Accused Products.'' Wybotics did not seek review of the
finding that the investigation should be terminated. On March 3, 2023,
Complainants filed a response opposing Wybotics petition.
The Commission has determined not to review the subject IDs (Order
Nos. 15 and 16). The Commission has issued a consent order directed to
the Aiper Entities. The investigation is terminated.
The Commission vote for this determination took place on March 17,
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).
By order of the Commission.
Issued: March 17, 2023.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2023-05936 Filed 3-22-23; 8:45 am]
BILLING CODE 7020-02-P
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