Notice2025-08076
Certain Dryer Wall Exhaust Vent Assemblies and Components Thereof; Notice of a Commission Determination Not To Review an Initial Determination Finding the Sole Respondent in Default; Request for Written Submissions on Remedy, the Public Interest, and Bonding
Primary source
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Published
May 8, 2025
Issuing agencies
International Trade Commission
Abstract
Notice is hereby given that the U.S. International Trade Commission ("Commission") has determined not to review an initial determination ("ID") (Order No. 7) of the presiding administrative law judge ("ALJ"), finding the sole respondent in default. The Commission requests written submissions from the parties, interested government agencies, and other interested persons on the issues of remedy, the public interest, and bonding, under the schedule set forth below.
Full Text
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<title>Federal Register, Volume 90 Issue 88 (Thursday, May 8, 2025)</title>
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[Federal Register Volume 90, Number 88 (Thursday, May 8, 2025)]
[Notices]
[Pages 19531-19532]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-08076]
[[Page 19531]]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1437]
Certain Dryer Wall Exhaust Vent Assemblies and Components
Thereof; Notice of a Commission Determination Not To Review an Initial
Determination Finding the Sole Respondent in Default; Request for
Written Submissions on Remedy, the Public Interest, and Bonding
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 not to review an initial
determination (``ID'') (Order No. 7) of the presiding administrative
law judge (``ALJ''), finding the sole respondent in default. The
Commission requests written submissions from the parties, interested
government agencies, and other interested persons on the issues of
remedy, the public interest, and bonding, under the schedule set forth
below.
FOR FURTHER INFORMATION CONTACT: Ronald A. Traud, Esq., Office of the
General Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202) 205-3427. 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="a2e7e6ebf191eac7ced2e2d7d1cbd6c18cc5cdd4">[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 February 6, 2025, the Commission
instituted this investigation based on a complaint filed on behalf of
InOvate Acquisition Company of Jupiter, Florida. 90 FR 9084 (Feb. 6,
2025). The complaint, as supplemented, alleges violations of section
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, based on the
importation into the United States, the sale for importation, or sale
within the United States after importation of certain dryer wall
exhaust vent assemblies and components thereof by reason of the
infringement of certain claims of U.S. Patent No. 11,953,230. Id. The
complaint further alleges that an industry in the United States exists
as required by section 337. Id. The Commission's notice of
investigation named as the sole respondent Xiamen Dirongte Trading Co.,
Ltd. of Xiamen City, China (``Xiamen''). Id. The Office of Unfair
Import Investigations is not participating in this investigation. Id.
On March 14, 2025, the ALJ issued an order directing Xiamen 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. Order No. 6 (Mar. 14, 2025). The ALJ found
that Xiamen had received notice of the complaint and notice of
investigation by express delivery. Id. The ALJ further found that after
receiving such notice, Xiamen did not respond or enter an appearance in
the investigation. Id. Xiamen did not respond to Order No. 6.
On April 15, 2025, the ALJ issued Order No. 7, the subject ID,
which found Xiamen, the sole respondent, in default pursuant to
Commission Rule 210.16 (19 CFR 210.16). The ALJ found that because
Xiamen failed to respond to the order to show cause, it necessarily
failed to make the requisite showing of good cause to avoid default
under the applicable rules. No petitions for review of the ID were
filed.
The Commission has determined not to review the subject ID, and
accordingly, Xiamen, the sole respondent has been found in default.
In connection with the final disposition of this investigation, the
statute authorizes issuance of, inter alia, (1) an exclusion order that
could result in the exclusion of the subject articles from entry into
the United States; and/or (2) cease and desist orders that could result
in the respondents being required to cease and desist from engaging in
unfair acts in the importation and sale of such articles. Accordingly,
the Commission is interested in receiving written submissions that
address the form of remedy, if any, that should be ordered. If a party
seeks exclusion of an article from entry into the United States for
purposes other than entry for consumption, the party should so indicate
and provide information establishing that activities involving other
types of entry either are adversely affecting it or likely to do so.
For background, see Certain Devices for Connecting Computers via
Telephone Lines, Inv. No. 337-TA-360, USITC Pub. No. 2843, Comm'n Op.
at 7-10 (Dec. 1994).
The statute requires the Commission to consider the effects of that
remedy upon the public interest. The public interest factors the
Commission will consider include the effect that an exclusion order and
cease and desist orders would have on: (1) the public health and
welfare, (2) competitive conditions in the U.S. economy, (3) U.S.
production of articles that are like or directly competitive with those
that are subject to investigation, and (4) U.S. consumers. The
Commission is therefore interested in receiving written submissions
that address the aforementioned public interest factors in the context
of this investigation.
If the Commission orders some form of remedy, the U.S. Trade
Representative, as delegated by the President, has 60 days to approve,
disapprove, or take no action on the Commission's determination. See
Presidential Memorandum of July 21, 2005, 70 FR 43251 (July 26, 2005).
During this period, the subject articles would be entitled to enter the
United States under bond, in an amount determined by the Commission and
prescribed by the Secretary of the Treasury. The Commission is
therefore interested in receiving submissions concerning the amount of
the bond that should be imposed if a remedy is ordered.
Written Submissions: Parties to the investigation, interested
government agencies, and any other interested parties are encouraged to
file written submissions on the issues of remedy, the public interest,
and bonding.
In its initial submission, Complainant is also requested to
identify the remedy sought and Complainant is requested to submit
proposed remedial orders for the Commission's consideration.
Complainant is further requested to state the date that the Asserted
Patent expires, to provide the HTSUS subheadings under which the
accused products are imported, and to supply the identification
information for all known importers of the products at issue in this
investigation. All initial written submissions, from the parties and/or
third parties/interested government agencies, and proposed remedial
orders from the parties must be filed no later than close of business
on May 19, 2025. All reply submissions must be filed no later than the
close of business on May 26, 2025. All submission from third parties
and/or interested government agencies are limited to 10 pages. No
further submissions on any of these issues will be permitted unless
otherwise ordered by the Commission.
Persons filing written submissions must file the original document
electronically on or before the deadlines stated above pursuant to 19
CFR
[[Page 19532]]
210.4(f). Submissions should refer to the investigation number (Inv.
No. 337-TA-1437) in a prominent place on the cover page and/or the
first page. (See Handbook for Electronic Filing Procedures, <a href="https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf">https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf</a>). Persons
with questions regarding filing should contact the Secretary, (202)
205-2000.
Any person desiring to submit a document to the Commission in
confidence must request confidential treatment by marking each document
with a header indicating that the document contains confidential
information. This marking will be deemed to satisfy the request
procedure set forth in Rules 201.6(b) and 210.5(e)(2) (19 CFR 201.6(b)
& 210.5(e)(2)). Documents for which confidential treatment by the
Commission is properly sought will be treated accordingly. Any non-
party wishing to submit comments containing confidential information
must serve those comments on the parties to the investigation pursuant
to the applicable Administrative Protective Order. A redacted non-
confidential version of the document must also be filed with the
Commission and served on any parties to the investigation within two
business days of any confidential filing. All information, including
confidential business information and documents for which confidential
treatment is properly sought, submitted to the Commission for purposes
of this investigation may be disclosed to and used: (i) by the
Commission, its employees and Offices, and contract personnel (a) for
developing or maintaining the records of this or a related proceeding,
or (b) in internal investigations, audits, reviews, and evaluations
relating to the programs, personnel, and operations of the Commission
including under 5 U.S.C. appendix 3; or (ii) by U.S. Government
employees and contract personnel, solely for cybersecurity purposes.
All contract personnel will sign appropriate nondisclosure agreements.
All nonconfidential written submissions will be available for public
inspection on EDIS.
The Commission vote for this determination took place on May 5,
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: May 5, 2025.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2025-08076 Filed 5-7-25; 8:45 am]
BILLING CODE 7020-02-P
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