Notice2025-11227
Certain Dryer Wall Exhaust Vent Assemblies and Components Thereof; Notice of a Commission Determination To Issue Remedial Orders Against the Defaulting Respondent; Termination of Investigation
Primary source
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Published
June 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 and cease and desist order against defaulting respondent Xiamen Dirongte Trading Co., Ltd. of Xiamen City, China ("Xiamen"), the sole respondent in this investigation. The Commission has also determined to impose a bond equal to one hundred percent (100%) of the entered value of the infringing products imported during the period of Presidential review. The investigation is hereby terminated.
Full Text
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<title>Federal Register, Volume 90 Issue 116 (Wednesday, June 18, 2025)</title>
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[Federal Register Volume 90, Number 116 (Wednesday, June 18, 2025)]
[Notices]
[Page 26064]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-11227]
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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 To Issue Remedial Orders
Against the Defaulting Respondent; 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 and cease and desist order against defaulting respondent Xiamen
Dirongte Trading Co., Ltd. of Xiamen City, China (``Xiamen''), the sole
respondent in this investigation. The Commission has also determined to
impose a bond equal to one hundred percent (100%) of the entered value
of the infringing products imported during the period of Presidential
review. The investigation is hereby terminated.
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#a0e5e4e9f393e8c5ccd0e0d5d3c9d4c38ec7cfd6"><span class="__cf_email__" data-cfemail="21646568721269444d516154524855420f464e57">[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 (``InOvate''). 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 (``the '230 patent''). 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 Order No. 6, which directed
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).
Xiamen did not respond to Order No. 6.
On April 15, 2025, the ALJ issued Order No. 7, which found Xiamen
in default pursuant to Commission Rule 210.16 (19 CFR 210.16). On May
5, 2025, the Commission determined not to review Order No. 7 and
requested briefing on the issues of remedy, bonding, and the public
interest. 90 FR 19531 (May 8, 2025).
On May 19, 2025, InOvate filed a response to the Commission's
notice requesting that the Commission issue a limited exclusion order
and cease and desist order against Xiamen. No other responses or
replies were received.
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
InOvate's complaint and its 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: (1) a limited exclusion order prohibiting the
unlicensed entry of certain dryer wall exhaust vent assemblies and
components thereof by reason of the infringement of certain claims of
the '230 patent by Xiamen and a (2) cease and desist order directed to
Xiamen. The Commission has determined that the public interest factors
enumerated in subsection 337(g)(1) do not preclude the issuance of the
limited exclusion order and cease and desist order. 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 limited exclusion order.
The Commission vote for this determination took place on June 16,
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: June 16, 2025.
Susan Orndoff,
Supervisory Attorney.
[FR Doc. 2025-11227 Filed 6-17-25; 8:45 am]
BILLING CODE 7020-02-P
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