Notice2024-29107
Certain Crafting Machines and Components Thereof; Notice of Institution of Investigation
Primary source
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Published
December 11, 2024
Issuing agencies
International Trade Commission
Abstract
Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on October 4, 2024, under section 337 of the Tariff Act of 1930, as amended, on behalf of Cricut, Inc. of South Jordan, Utah. Supplements were filed on October 24, 2024, October 25, 2024, and October 29, 2024. The complaint, as supplemented, 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 crafting machines and components thereof by reason of infringement of certain claims of U.S. Patent No. 11,208,758 ("the '758 patent"); U.S. Patent No. 11,905,646 ("the '646 patent"); U.S. Patent No. D893,563 ("the 'D563 patent"); U.S. Patent No. D910,724 ("the 'D724 patent"); U.S. Patent No. D926,237 ("the 'D237 patent"); and U.S. Patent No. D1,029,090 ("the 'D090 patent"). The complaint further alleges that an industry in the United States exists or is in the process of being established as required by the applicable Federal Statute. The complaint requests that the Commission institute an investigation pursuant to Section 337 and, after the investigation, issue a limited exclusion order with respect to the '758 Patent, the '646 Patent, and the 'D090 Patent; issue a general exclusion order, or in the alternative a limited exclusion order, with respect to the 'D563 Patent, the 'D724 Patent, and the 'D237 Patent; and issue cease and desist orders.
Full Text
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<title>Federal Register, Volume 89 Issue 238 (Wednesday, December 11, 2024)</title>
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[Federal Register Volume 89, Number 238 (Wednesday, December 11, 2024)]
[Notices]
[Pages 99905-99906]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-29107]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1426]
Certain Crafting Machines and Components Thereof; Notice of
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 October 4, 2024, under section
337 of the Tariff Act of 1930, as amended, on behalf of Cricut, Inc. of
South Jordan, Utah. Supplements were filed on October 24, 2024, October
25, 2024, and October 29, 2024. The complaint, as supplemented, 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 crafting machines and components thereof
by reason of infringement of certain claims of U.S. Patent No.
11,208,758 (``the '758 patent''); U.S. Patent No. 11,905,646 (``the
'646 patent''); U.S. Patent No. D893,563 (``the 'D563 patent''); U.S.
Patent No. D910,724 (``the 'D724 patent''); U.S. Patent No. D926,237
(``the 'D237 patent''); and U.S. Patent No. D1,029,090 (``the 'D090
patent''). The complaint further alleges that an industry in the United
States exists or is in the process of being established as required by
the applicable Federal Statute. The complaint requests that the
Commission institute an investigation pursuant to Section 337 and,
after the investigation, issue a limited exclusion order with respect
to the '758 Patent, the '646 Patent, and the 'D090 Patent; issue a
general exclusion order, or in the alternative a limited exclusion
order, with respect to the 'D563 Patent, the 'D724 Patent, and the
'D237 Patent; and issue 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#3471707d67077c5158447441475d40571a535b42"><span class="__cf_email__" data-cfemail="4500010c16760d2029350530362c31266b222a33">[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: Pathenia M. Proctor, The Office of
Unfair Import Investigations, U.S. International Trade Commission,
telephone (202) 205-2560.
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 (2024).
Scope of Investigation: Having considered the complaint, the U.S.
International Trade Commission, on December 5, 2024, 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 18-23 of the '758 patent; and claims 1, 2, 8-12, and 14-16 of
the '646 patent; the claim of the 'D563 patent; the claim of the 'D724
patent; the claim of the 'D237 patent; and the claim of the 'D090
patent, and whether an industry in the United States exists or is in
the process of being established 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 ``cutting machines and
heat press machines for use in crafting and components thereof''; \1\
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\1\ In this plain English statement of the scope of
investigation, ``components thereof'' is included pursuant to the
allegations in the complaint. To the extent that the Complainant has
included such an allegation based upon a concern regarding specific
components, the Complainant should, during the course of this
investigation, seek adjudication and specifically identify the
components of the claimed invention sought for exclusion. The lack
of adjudication of specific components, however, would not affect
any later ability to adjudicate and remedy circumvention through the
importation of components with additional enforcement actions.
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(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 complainant is: Cricut, Inc., 10855 South River Front
Parkway, South Jordan, Utah 84095.
(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:
Hunan Sijiu Technology, Co. Ltd., 1301, Building B-8, Lugu Yuyuan
Production Workshop, No. 27 Wenxuan Road, High-tech Zone, Changsha,
China 410000
Hunan Sijiu Electronic Technology Co., Ltd., 1301, Building B-8, Lugu
Yuyuan Production Workshop, No. 27
[[Page 99906]]
Wenxuan Road, High-tech Zone, Changsha, China 410000
Guangdong Rongtu Technology Co., Ltd., Floor 8, No. 15, Huafa Road,
Huakou Community, Ronggui Street, Sunde District, Foshan City,
Guangdong Province, China 528305
LiPing Zhan, No. 187, Yanglinguan Street, Xingou Town, Jianli County,
Jingzhou, China 433300
SainStore Technology Co., Ltd., Room 908, Building 2, No. 16, Keji 4th
Road, Songshan Lake Park, Dongguan City, Guangdong Province, China
523808
Shanghai Sishun E-commerce Co., Ltd., 5th Floor, Building 6, Lane 958,
Jinsha Jiangxi Road, Jiading District, Shanghai, China 201824
Bozhou Wanxingyu Technology Co. Ltd., No. 26, Guangming Rd., Qiaocheng
Dist., Bozhou, Anhui, China, 236800
Bozhou Zhongdaxiang Technology Co., Ltd., No. 41, Zhaoyangzhuang Vil.,
Dawang Xingzheng Vil., Niuji Town, Qiaocheng Dist., Bozhou, Anhui,
China 236800
(c) The Office of Unfair Import Investigations, U.S. International
Trade Commission, 500 E Street SW, Suite 401, Washington, DC 20436; and
(4) For the investigation so instituted, the Chief Administrative
Law Judge, U.S. International Trade Commission, shall designate the
presiding Administrative Law Judge.
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
complainant 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 6, 2024.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2024-29107 Filed 12-10-24; 8:45 am]
BILLING CODE 7020-02-P
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</html>Indexed from Federal Register on December 11, 2024.
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