Notice2024-14155
Certain Self-Balancing Electric Skateboards and Components Thereof; Notice of Issuance of a Limited Exclusion Order Against the Respondent Found in Default; Termination of Investigation
Primary source
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Published
June 27, 2024
Issuing agencies
International Trade Commission
Abstract
Notice is hereby given that the U.S. International Trade Commission has issued a limited exclusion order ("LEO") against certain self-balancing electric skateboards and components thereof of respondent Floatwheel of Guilin City, GuangXi Province, China ("Floatwheel," or Respondent). The investigation is terminated.
Full Text
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<title>Federal Register, Volume 89 Issue 124 (Thursday, June 27, 2024)</title>
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[Federal Register Volume 89, Number 124 (Thursday, June 27, 2024)]
[Notices]
[Pages 53643-53644]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-14155]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1386]
Certain Self-Balancing Electric Skateboards and Components
Thereof; Notice of Issuance of a Limited Exclusion Order Against the
Respondent Found in Default; 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 issued a limited exclusion order (``LEO'') against
certain self-balancing electric skateboards and components thereof of
respondent Floatwheel of Guilin City, GuangXi Province, China
(``Floatwheel,'' or Respondent). The investigation is terminated.
FOR FURTHER INFORMATION CONTACT: Michael Liberman, Esq., Office of the
General Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202) 205-2737. 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#21646568721269444d516154524855420f464e57"><span class="__cf_email__" data-cfemail="20656469731368454c506055534954430e474f56">[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, telephone (202) 205-1810.
SUPPLEMENTARY INFORMATION: On January 16, 2024, the Commission
instituted this investigation based on a complaint filed by Future
Motion, Inc. of Santa Cruz, California (``Future Motion,'' or
``Complainant''). 89 FR 2644-45 (Jan. 16, 2024). The complaint alleged
violations of section 337 of the Tariff Act of 1930, as amended, 19
U.S.C. 1337, based upon the importation into the United States, the
sale for importation, or sale within the United States after
importation of certain self-balancing electric skateboards and
components thereof by reason of infringement of one or more of claims
1, 2, 4-6, 8-10, 13-15, and 17-19 of U.S. Patent No. 9,400,505 (``the
'505 patent''). Id. at 2644. The Commission's notice of investigation
named as respondents Floatwheel; Changzhou Smilo Motors Co., Ltd. of
Changzhou, Jiangsu Province, China (''Smilo''); Changzhou
[[Page 53644]]
Gaea Technology Co., Ltd. of Changzhou, Jiangsu, China (``Gaea''); and
Shanghai Loyal Industry Co., Ltd., d/b/a ``SoverSky'' of Shanghai,
China (``SoverSky''). Id. at 2645. The Office of Unfair Import
Investigations was also named as a party in this investigation. Id.
On March 12, 2024, Complainant moved to withdraw its complaint and
terminate this investigation with respect to respondents Smilo, Gaea,
and SoverSky. Motion Docket No. 1386-06 (EDIS Doc. ID 815981). On March
13, 2024, the ALJ granted the unopposed motion. Order No. 13 (Mar. 13,
2024); unreviewed by Notice (April 12, 2024).
The complaint and notice of investigation were served on Floatwheel
on January 17, 2024. See Order No. 8 at 5 (Feb. 6, 2024). Floatwheel
failed to respond to the complaint and notice of investigation.
On February 23, 2024, the presiding ALJ issued Order No. 10,
ordering, inter alia, Floatwheel to show cause why it should not be
found in default and why judgment should not be rendered against it for
failing to respond to the complaint and notice of investigation. No
response was filed to the show cause order.
On March 13, 2024, the ALJ issued an ID (Order No. 15) finding
Floatwheel in default under Commission Rule 210.16 (19 CFR 210.16). On
April 12, 2024, the Commission determined not to review and issued a
Federal Register Notice to that effect. 89 FR 27450-27451 (Apr. 17,
2024). The Commission also requested briefing from the parties and the
public on the issues of remedy, the public interest, and bonding. Id.
at 42938.
The Commission has determined that the appropriate form of relief
in this investigation is an LEO prohibiting the unlicensed entry of
self-balancing electric skateboards and components thereof by reason of
the infringement of one or more of claims 1, 2, 4-6, 8-10, 13-15, and
17-19 of the '505 patent and that are manufactured abroad by or on
behalf of, or imported by or on behalf of, Respondent. The Commission
has further determined that the public interest factors enumerated in
section 337(g)(l) (19 U.S.C. 1337(g)(l)) do not preclude issuance of
the LEO. The Commission has determined that the bond for importation
during the period of Presidential review shall be in the amount of one
hundred percent (100%) of the entered value of the imported subject
articles of Respondent.\1\ The Commission's order was delivered to the
President and the United States Trade Representative on the day of the
issuance.
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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 Floatwheel to
import infringing products under bond during the Presidential review
period.
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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).
The Commission vote for this determination took place on June 20,
2024.
By order of the Commission.
Issued: June 24, 2024.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2024-14155 Filed 6-26-24; 8:45 am]
BILLING CODE 7020-02-P
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