Notice2025-06719
Certain Components for Injection Molding Machines, and Products Containing the Same; Notice of a Commission Determination To Issue a Limited Exclusion Order; Termination of Investigation
Primary source
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Published
April 18, 2025
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 components for injection molding machines, and products containing the same by or on behalf of respondent Ningbo AO Sheng Mold Co., Ltd., d/b/a AOSIMI ("AOSIMI") previously found to be in default. The investigation is terminated.
Full Text
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<title>Federal Register, Volume 90 Issue 74 (Friday, April 18, 2025)</title>
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[Federal Register Volume 90, Number 74 (Friday, April 18, 2025)]
[Notices]
[Pages 16552-16553]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-06719]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1427]
Certain Components for Injection Molding Machines, and Products
Containing the Same; Notice of a Commission Determination To Issue a
Limited Exclusion Order; 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 (``Commission'') has determined to issue a limited exclusion
order (``LEO'') barring entry of certain components for injection
molding machines, and products containing the same by or on behalf of
respondent Ningbo AO Sheng Mold Co., Ltd., d/b/a AOSIMI (``AOSIMI'')
previously found to be in default. The investigation is terminated.
FOR FURTHER INFORMATION CONTACT: Paul Lall, Office of the General
Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202) 205-2043. 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#da9f9e9389e992bfb6aa9aafa9b3aeb9f4bdb5ac"><span class="__cf_email__" data-cfemail="40050409137308252c300035332934236e272f36">[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 December 18, 2024, 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 Husky Injection Molding Systems Ltd. of Bolton,
Ontario, Canada and Husky Injection Molding Systems, Inc. of Milton,
Vermont (collectively, ``Complainants''). See 89 FR 102953-54 (Dec. 18,
2024). The complaint alleges violations of section 337 based upon the
importation into the United States, the sale for importation, and the
sale within
[[Page 16553]]
the United States after importation of certain components for injection
molding machines, and products containing the same by reason of the
infringement of certain claims of U.S. Patent Nos. 9,713,891;
11,794,375; 10,093,053; 8,834,149 and 7,645,132 (the ``Asserted
Patents''). Id. at 102953. The Commission's notice of investigation
(``NOI'') named AOSIMI of Yuyao, Zhejiang, China as the sole
respondent. Id. at 102954. The Office of Unfair Import Investigations
was not named as a party.
On January 24, 2025, the Chief Administrative Law Judge issued an
order directing AOSIMI to show cause, no later than February 7, 2025,
why it should not be found in default for failing to respond to the
complaint and NOI. See Order No. 5 (January 24, 2025), at 3. AOSIMI did
not respond to the order to show cause.
On February 28, 2025, the Commission issued a notice determining
AOSIMI to be in default. See Order No. 7 (February 14, 2025),
unreviewed by Comm'n Notice, 90 FR 11437-38 (Feb. 28, 2025) (the
``Remedy Notice''). In the same notice, the Commission asked parties to
the investigation, interested government agencies, and any other
interested parties to file written submissions on the issues of remedy,
the public interest, and bonding. Id. On March 14, 2025, Complainants
filed a written submission, requesting the Commission to issue a
limited exclusion order (``LEO'') and a cease and desist order against
AOSIMI. The Commission received no other written submissions in
response to the Remedy Notice.
When the conditions in section 337(g)(1)(A)-(E) (19 U.S.C.
1337(g)(1)(A)-(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 of this investigation, including the
Complainants' submission in response to the Remedy Notice, the
Commission has determined, pursuant to section 337(g)(1) (19 U.S.C.
1337(g)(1)), that the appropriate remedy in this investigation is an
LEO prohibiting the unlicensed entry of certain components for
injection molding machines, and products containing the same by reason
of the infringement of certain claims of the Asserted Patents. The
Commission has determined that the public interest factors enumerated
in subsection 337(g)(1) do not preclude the issuance of the requested
LEO. Although Complainants requested the Commission to issue a cease
and desist order (``CDO'') directed to AOSIMI, the Commission has
determined not to issue the requested CDO because of the lack of
evidence or allegations that AOSIMI maintains commercially significant
inventories and/or engages in significant commercial operations in the
United States.
Chair Karpel agrees that section 337(g)(1) is the appropriate
authority for issuance of relief in this investigation but disagrees
with the determination not to issue the CDO requested by Complainants.
Specifically, Chair Karpel supports issuance of both the requested LEO
and the requested CDO against AOSIMI because the criteria for issuance
of such relief under section 337(g)(1)(A)-(E) are met as to AOSIMI. (19
U.S.C. 1337(g)(1)(A)-(E); see Order No. 7 (February 14, 2025),
unreviewed by Comm'n Notice, 90 FR 11437-38 (Feb. 28, 2025). Here, in
addition to an exclusion order, Complainants have requested a CDO as to
AOSIMI in their remedy submission before the Commission. Given that
sections 337(g)(1)(A)-(E) are satisfied, in Chair Karpel's view, the
statute directs the Commission to issue the requested CDO, subject to
consideration of the public interest. Chair Karpel further finds that
the public interest factors enumerated in section 337(g)(1) do not
preclude the issuance of the CDO directed to AOSIMI. Accordingly, Chair
Karpel supports issuance of the CDO, in addition to the issuance of the
LEO discussed above, under section 337(g)(1).
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 in the amount of one hundred percent (100%) of the
entered value of the imported articles that are subject to the LEO.
The investigation is terminated.
The Commission's vote for this determination took place on April
15, 2025.
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: April 15, 2025.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2025-06719 Filed 4-17-25; 8:45 am]
BILLING CODE 7020-02-P
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