Notice2023-20527
Certain Universal Golf Club Shaft and Golf Club Head Connection Adaptors, Certain Components Thereof, and Products Containing the Same (II); Notice of a Commission Determination To Issue a Limited Exclusion Order; Termination of the Investigation
Primary source
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Published
September 22, 2023
Issuing agencies
International Trade Commission
Abstract
Notice is hereby given that the U.S. International Trade Commission ("Commission") has determined to issue a limited exclusion order ("LEO") barring entry of certain universal golf club shaft and golf club head connection adaptors, certain components thereof, and products containing the same that are imported by or on behalf of Respondents Top Golf Equipment Co. Limited ("Top Golf"), Volf Sports Co. LTD, and WoFu(Shenzhen)Sports Goods Co., Ltd. (collectively, "Respondents").
Full Text
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<title>Federal Register, Volume 88 Issue 183 (Friday, September 22, 2023)</title>
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[Federal Register Volume 88, Number 183 (Friday, September 22, 2023)]
[Notices]
[Pages 65404-65405]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-20527]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1354]
Certain Universal Golf Club Shaft and Golf Club Head Connection
Adaptors, Certain Components Thereof, and Products Containing the Same
(II); Notice of a Commission Determination To Issue a Limited Exclusion
Order; Termination of the 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 (``Commission'') has determined to issue a limited exclusion
order (``LEO'') barring entry of certain universal golf club shaft and
golf club head connection adaptors, certain components thereof, and
products containing the same that are imported by or on behalf of
Respondents Top Golf Equipment Co. Limited (``Top Golf''), Volf Sports
Co. LTD, and WoFu(Shenzhen)Sports Goods Co., Ltd. (collectively,
``Respondents'').
FOR FURTHER INFORMATION CONTACT: Edward S. Jou, Esq., Office of the
General Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202) 205-3316. 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#1356575a40205b767f635366607a67703d747c65"><span class="__cf_email__" data-cfemail="6520212c36562d0009152510160c11064b020a13">[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 March 8, 2023, the Commission instituted
this investigation based on a complaint filed by Club-Conex LLC of
Scottsdale, Arizona (``Complainant''). 86 FR 14393 (Mar. 8, 2023). The
complaint alleged violations of section 337 of the Tariff Act of 1930,
as amended, 19 U.S.C. 1337, due to the importation into the United
States, sale for importation, or sale in the United States after
importation of certain universal golf club shaft and golf club head
connection adaptors, certain components thereof, and products
containing the same by reason of infringement of certain claims of U.S.
Patent No. 11,426,638 (``the '638 patent''). Id. The complaint also
alleged the existence of a domestic industry. Id. The notice of
investigation named as respondents Top Golf Equipment Co. Limited, d/b/
a All-Fit Golf of Shenzhen, China; Volf Sports Co. LTD of Shenzhen,
China; and WoFu(Shenzhen)Sports Goods Co., Ltd. of Shenzhen, China
(collectively, ``Respondents''). Id. The Office of Unfair Import
Investigations was not named as a party. Id.
None of the Respondents answered the complaint and notice of
investigation or appeared in the investigation, and on April 6, 2023,
Complainant moved for an order directing Respondents to show cause as
to why they should not be found in default. Complainant stated in its
motion that it does not seek a general exclusion order. Mot. at 6 n.5.
On April 25, 2023, the ALJ issued Order No. 6, directing Respondents to
show cause, no later than May 10, 2023, as to why they should not be
found in default. Order No. 6 at 2 (Apr. 25, 2023). No response to the
show cause order was filed.
On May 17, 2023, the ALJ issued Order No. 7, finding Respondents in
default pursuant to 19 CFR 210.16. The Commission determined not to
review Order No. 7 on July 13, 2023, and issued a notice requesting
submissions on remedy, public interest, and bonding. Comm'n Notice, 88
FR 46183 (July 19, 2023).
On July 27, 2023, Complainant responded to the Commission's Notice
by filing a submission on remedy, public interest, and bonding, seeking
a limited exclusion order (``LEO'') against the Respondents and a bond
in the amount of one hundred percent (100%) of entered value. No other
submissions were filed.
When the conditions in section 337(g)(1)(A)-(g)(1)(E) (19 U.S.C.
1337(g)(1)(A)-(g)(1)(E)) have been satisfied, section 337(g)(1) and
Commission Rule 210.16(c) (19 CFR 210.16(c)) direct the Commission,
upon request, to issue a limited exclusion order or a cease and desist
order or both against a respondent found in default, based on the
allegations regarding a violation of section 337 in the Complaint,
which are presumed to be true, unless after consideration of the public
interest factors in section 337(g)(1), it finds that such relief should
not issue.
Having examined the record in this investigation, the Commission
has determined pursuant to section 337(g)(1) and Commission Rule
210.16(c) to issue an LEO prohibiting the unlicensed entry of certain
universal golf club shaft and golf club head connection adapters,
certain components thereof, and products containing the same that
infringe one or more of claims 1, 2-5, 10, 12-13, 15, and 16-19 of the
'638 patent that are manufactured abroad by, or on behalf of, or
imported by or on behalf of the Respondents. The Commission has
determined that the public interest factors enumerated in section
337(g)(1) do not preclude the issuance of the LEO. The Commission has
further determined that the bond during the period of Presidential
review pursuant to section 337(j) (19 U.S.C. 1337(j)) shall be set in
the amount of one hundred percent (100%) of the entered value of the
imported articles that are subject to the LEO.\1\ The investigation is
hereby terminated.
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\1\ Commissioner Schmidtlein finds that section 337 does not
authorize respondents subject to remedial relief under subsection
337(g)(1) to import infringing products under bond during the
Presidential review period for the reasons explained in Certain
Centrifuge Utility Platform and Falling Film Evaporator Systems and
Components Thereof, Inv. No. 337-TA-1311, Comm'n Notice at 5, n.5
(March 23, 2023). She therefore would not permit the Respondents to
import infringing products under bond during the Presidential review
period.
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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
[[Page 65405]]
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).
The Commission vote for this determination took place on September
18, 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: September 18, 2023.
Sharon Bellamy,
Supervisory Hearings and Information Officer.
[FR Doc. 2023-20527 Filed 9-21-23; 8:45 am]
BILLING CODE 7020-02-P
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</html>Indexed from Federal Register on September 22, 2023.
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