Notice2025-10184
Certain Exercise Equipment and Subassemblies Thereof; Notice of a Commission Determination Not To Review an Initial Determination Granting-in-Part Complainant's Motion for Summary Determination of Violation; Request for Written Submissions on Remedy, the Public Interest, and Bonding
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Published
June 5, 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. 15) of the presiding administrative law judge ("ALJ") granting-in-part Complainant's motion for summary determination of violation, and to request written submissions from the parties, interested government agencies, and interested persons, under the schedule set forth below, on remedy, the public interest, and bonding.
Full Text
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<title>Federal Register, Volume 90 Issue 107 (Thursday, June 5, 2025)</title>
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[Federal Register Volume 90, Number 107 (Thursday, June 5, 2025)]
[Notices]
[Pages 23952-23954]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-10184]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1419]
Certain Exercise Equipment and Subassemblies Thereof; Notice of a
Commission Determination Not To Review an Initial Determination
Granting-in-Part Complainant's Motion for Summary Determination of
Violation; 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. 15) of the presiding administrative
law judge (``ALJ'') granting-in-part Complainant's motion for summary
determination of violation, and to request written submissions from the
parties, interested government agencies, and interested persons, under
the schedule set forth below, on remedy, the public interest, and
bonding.
FOR FURTHER INFORMATION CONTACT: Namo Kim, Esq., Office of the General
Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202) 205-3459. 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#ca8f8e8399f982afa6ba8abfb9a3bea9e4ada5bc"><span class="__cf_email__" data-cfemail="4401000d17770c2128340431372d30276a232b32">[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: The Commission instituted this investigation
on September 27, 2024, based upon a complaint filed on behalf of
Balanced Body, Inc. of Sacramento, California (``Complainant''). 89 FR
79306-07 (Sept. 27, 2024). The complaint, as supplemented, alleges
violations of section 337 of the Tariff Act of 1930, as amended, 19
U.S.C. 1337 (``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 exercise equipment and
subassemblies thereof by reason of infringement of one or more of
claims 1-15, 19-21, and 23-26 of U.S. Patent No. 8,721,511 (``the '511
patent''), the claim of U.S. Patent No. D659,205 (``the D'205
patent''), and the claim of U.S. Patent No. D659,208 (``the D'208
patent'') (collectively, the ``asserted patents''). Id. The complaint
further alleges that a domestic industry exists. Id. at 79306. The
Commission's notice of investigation named as respondents: Guangzhou
Oasis, LLC d/b/a <a href="http://trysauna.com">trysauna.com</a> of Boulder, Colorado (``Trysauna''); Ciga
Pilates of Hong Kong; Shandong Tmax Machinery Technology Co., Ltd. of
Dezhou City,
[[Page 23953]]
China (``Tmax''); Shandong VOG Sports Products Co., Ltd. of Dezhou
City, China (``VOG Sports''); Dezhou Bodi Fitness Equipment Co., Ltd.
of Dezhou City, China (``Dezhou''); and Suzhou Selfcipline Sports Goods
Co., Ltd. of Suzhou, China (``Selfcipline''). Id. at 79307. The Office
of Unfair Import Investigations (``OUII'') is also a party to this
investigation. Id.
On March 10, 2025, the Commission terminated the investigation as
to respondent Ciga Pilates based on withdrawal of the complaint. Order
No. 9 (Feb. 11, 2025), unreviewed by Comm'n Notice (Mar. 10, 2025).
On April 9, 2025, the Commission found the remaining respondents
Trysauna, Tmax, VOG Sports, Dezhou, and Selfcipline (collectively,
``Defaulting Respondents'') in default. Order No. 11 (Mar. 10, 2025),
unreviewed by Comm'n Notice (Apr. 9, 2025).
On April 16, 2025, the Commission terminated the investigation as
to claims 2-15, 20-21, and 23-26 of the '511 patent. Order No. 13 (Mar.
24, 2025), unreviewed by Comm'n Notice (Apr. 16, 2025).
On April 10, 2025, Complainant filed a motion for summary
determination of violation of section 337 by the Defaulting Respondents
based on infringement of the remaining asserted claims, including
claims 1 and 19 of the '511 patent, the claim of the D'205 patent, and/
or the claim of the D'208 patent. Complainant requested issuance of a
general exclusion order (``GEO'') and a limited exclusion order
(``LEO'') against the Defaulting Respondents as to all products that
infringe the asserted claims. Complainant also requested a bond of 100
percent for the entered value of the infringing articles imported
during the period of Presidential review.
On April 24, 2025, OUII filed a response supporting-in-part
Complainant's motion for summary determination of violation.
On April 30, 2025, the ALJ issued the subject initial determination
(Order No. 15) granting-in-part and deferring-in-part Complainant's
motion for summary determination of violation of section 337.
Specifically, the ID found a violation by each of VOG Sports, Dezhou,
and Selfcipline with respect to imported products infringing claim 1 of
the '511 patent and the claim of the D'208 patent. The ID also found
the domestic industry requirement is satisfied and the evidence
supporting its finding of a violation by each of VOG Sports, Dezhou,
and Selfcipline with respect to imported products infringing claim 1 of
the '511 patent and the claim of the D'208 patent to be substantial,
reliable, and probative. The ALJ indicated that Complainant had shown
entitlement to a GEO with respect to both claim 1 of the '511 patent
and the claim of the D'208 patent under 19 U.S.C. 1337(g)(2), as well
as to a bond of 100 percent of the entered value of the infringing
articles imported during the period of Presidential review, but the ALJ
noted that any requested relief would be premature as there are still
unresolved issues apart from the aforementioned findings of violation.
ID at 26-27.
On May 9, 2025, Complainant filed a notice of withdrawal of its
request for a GEO as to the claims on which the ALJ deferred summary
determination in the subject ID. See Complainant's Notice of Withdrawal
of Its Request for a General Exclusion Order as to Certain Patent
Claims and Renewed Request for Recommended Determination on Remedy and
Bond at 1.
On May 12, 2025, the ALJ issued an order (Order No. 16) stating
that Complainant's notice of withdrawal resolves all issues pending
before the ALJ and the investigation is now in the ``remedy phase.''
The order also includes a supplemented Recommended Determination not
addressing the requested LEO but reiterating, as detailed in connection
with the subject ID (Order No. 15), that a GEO should issue as to claim
1 of the '511 patent and the claim of the D'208 patent, and that a 100
percent bond be set. Order No. 16 at 3.
No party filed a petition for review of the subject ID (Order No.
15).
The Commission has determined not to review the subject ID.
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 the initial submission, Complainant is also requested
to identify the remedy sought and submit proposed remedial orders for
the Commission's consideration. Complainant is further requested to
state the date that the asserted patents expire, 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. The initial written
submissions and proposed remedial orders must be filed no later than
close of business on June 13, 2025. Reply submissions must be filed no
later than the close of business on June 20, 2025. All submissions 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.
[[Page 23954]]
Persons filing written submissions must file the original document
electronically on or before the deadlines stated above pursuant to 19
CFR 210.4(f). Submissions should refer to the investigation number
(``Inv. No. 337-TA-1419'') 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 30,
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 30, 2025.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2025-10184 Filed 6-4-25; 8:45 am]
BILLING CODE 7020-02-P
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