Certain Exercise Equipment and Subassemblies Thereof; Notice of Issuance of a General Exclusion Order and a Limited Exclusion Order; Termination of the Investigation
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Abstract
Notice is hereby given that the U.S. International Trade Commission ("Commission") has determined to issue (1) a general exclusion order ("GEO") prohibiting the importation of products that infringe claim 1 of U.S. Patent No. 8,721,511 ("the '511 patent") or the claim of U.S. Patent No. D659,208 ("the D'208 patent"); and (2) a limited exclusion order ("LEO") prohibiting entry of products that infringe claim 19 of the '511 patent or the claim of U.S. Patent No. D659,205 ("the D'205 patent") that are imported by or on behalf of certain defaulting respondents. The investigation is terminated.
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<title>Federal Register, Volume 90 Issue 155 (Thursday, August 14, 2025)</title>
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[Federal Register Volume 90, Number 155 (Thursday, August 14, 2025)]
[Notices]
[Pages 39223-39224]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-15429]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1419]
Certain Exercise Equipment and Subassemblies Thereof; Notice of
Issuance of a General Exclusion Order and a Limited Exclusion Order;
Termination of the 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 (1) a general
exclusion order (``GEO'') prohibiting the importation of products that
infringe claim 1 of U.S. Patent No. 8,721,511 (``the '511 patent'') or
the claim of U.S. Patent No. D659,208 (``the D'208 patent''); and (2) a
limited exclusion order (``LEO'') prohibiting entry of products that
infringe claim 19 of the '511 patent or the claim of U.S. Patent No.
D659,205 (``the D'205 patent'') that are imported by or on behalf of
certain defaulting respondents. The investigation is terminated.
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#2f6a6b667c1c674a435f6f5a5c465b4c01484059"><span class="__cf_email__" data-cfemail="0540414c56364d6069754570766c71662b626a73">[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, alleged
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 the '511 patent; the claim of the
D'205 patent; and the claim of the D'208 patent (collectively, the
``asserted patents''). Id. The complaint further alleged 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, 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 30, 2025, the ALJ issued an initial determination (Order
No. 15) (``ID'') 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
that the domestic industry requirement is satisfied.
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 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 resolved all issues pending
before the ALJ and the investigation is now in the ``remedy phase.''
Order No. 16 and the summary determination ID (Order No. 15) included a
Recommended Determination (``RD'') recommending that a GEO should issue
as to claim 1 of the '511 patent and the claim of the D'208 patent, and
that a one hundred percent (100%) bond be set.
On May 14, 2025, the Commission issued its post-RD notice seeking
submissions on public interest issues raised by the relief recommended
by the ALJ should the Commission find a violation. 90 FR 21509-10 (May
20, 2025). No responses were filed from the public. On June 2, 2025,
Complainant filed a statement on the public interest pursuant to
Commission Rule 210.50(a)(4), 19 CFR 210.50(a)(4).
On May 30, 2025, the Commission issued a notice determining not to
review the ALJ's summary determination ID (Order No. 15), and
requesting the 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. 90 FR 23952-
54 (June 5, 2025).
On June 13, 2025, Complainant and OUII filed written submissions on
remedy, the public interest, and bonding. On June 20, 2025, OUII filed
a reply to Complainant's written submission. No other submissions were
filed.
Having reviewed the record of the investigation, including the RD
and the parties' submissions, the Commission has determined that the
appropriate remedy is (1) a GEO as to claim 1 of the '511 patent and
the claim of the D'208 patent; and (2) an LEO prohibiting entry of
products that infringe (i) claim 19 of the '511 patent as to
respondents VOG Sports, Dezhou, Selfcipline, and Tmax or (ii) the claim
of the D'205 patent as to respondents Trysauna, VOG Sports, Dezhou,
Selfcipline, and Tmax.
The Commission has further determined that the public interest
factors enumerated in subsections (d) and (g) (19 U.S.C. 1337(d), (g))
do not preclude issuance of the above referenced remedial orders.
Additionally, the Commission has determined to impose a bond of one
hundred percent (100%) of entered value of the covered products during
the
[[Page 39224]]
period of Presidential review. 19 U.S.C. 1337(j). The investigation is
terminated.
The Commission vote for this determination took place on August 11,
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: August 11, 2025.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2025-15429 Filed 8-13-25; 8:45 am]
BILLING CODE 7020-02-P
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