Certain Urine Splash Guards and Components Thereof; Notice of a Commission Decision To Review in Part an Initial Determination Granting in Part Complainant's Motion for Summary Determination of a Violation of Section 337; Request for Written Submissions on Remedy, the Public Interest, and Bonding
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Abstract
Notice is hereby given that the U.S. International Trade Commission ("Commission") has determined to review in part an initial determination ("ID") issued by the presiding Administrative Law Judge ("ALJ"), granting in part complainant's motion for summary determination of a violation of section 337 of the Tariff Act of 1930, as amended. 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.
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<title>Federal Register, Volume 90 Issue 233 (Monday, December 8, 2025)</title>
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[Federal Register Volume 90, Number 233 (Monday, December 8, 2025)]
[Notices]
[Pages 56799-56800]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-22160]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1430]
Certain Urine Splash Guards and Components Thereof; Notice of a
Commission Decision To Review in Part an Initial Determination Granting
in Part Complainant's Motion for Summary Determination of a Violation
of Section 337; 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 to review in part an initial
determination (``ID'') issued by the presiding Administrative Law Judge
(``ALJ''), granting in part complainant's motion for summary
determination of a violation of section 337 of the Tariff Act of 1930,
as amended. 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: Houda Morad, Esq., Office of the
General Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202) 708-4716. 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#88cdccc1dbbbc0ede4f8c8fdfbe1fceba6efe7fe"><span class="__cf_email__" data-cfemail="f8bdbcb1abcbb09d9488b88d8b918c9bd69f978e">[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 January 13, 2025, based on a complaint filed by Kids By Parents,
Inc. (``Complainant'') of Potomac, Maryland. 90 FR 2745-46 (Jan. 13,
2025). The complaint alleges violations of section 337 of the Tariff
Act of 1930, as amended (19 U.S.C. 1337) (``section 337''), in the
importation into the United States, the sale for importation, and the
sale within the United States after importation of certain urine splash
guards and components thereof by reason of the infringement of claims 1
and 2 of U.S. Patent No. 7,870,619 (``the '619 patent'') and claims 1-3
of U.S. Patent No. 11,812,901 (``the '901 patent'') (collectively,
``the Asserted Patents''). Id. at 2745. The complaint further alleges
that a domestic industry exists. Id. The notice of investigation names
the following as respondents: (1) Hezeyunjiangjixieshebeiyouxiangongsi
(d/b/a Maomaohouse) (``Maomaohouse'') of Shenzhen, China; Guangzhou
Lesenyu Dianzishangwu Youxiangongsi (d/b/a Le Sengyu) (``Le Sengyu'')
of Guangzhou, China; Hefeiweifengshidaishidaimaoyiyouxiangongsi (d/b/a
HealthSTEC) (``HealthSTEC'') of Hefei City, China; ShenzhenShi
Julonghui Trading Co., Ltd. (d/b/a Edermurs) (``Edermurs'') of
Shenzhen, China; and Shenzhenshi Lishian Keji Youxiangongsi (d/b/a
Lishian) (``Lishian'') of Shenzhen, China (collectively, ``the
Defaulting Respondents''); and (2) Shenzhenshi Dijiaaotuman Trading
Co., Ltd. (d/b/a Tigaman) (``Tigaman'') of Shenzhen, China;
Junyaxincaiwuzixunyouxiangongsi (d/b/a Junyxin) (``Junyxin'') of Xiamen
City, China; Shenzhenshiranbodianziyouxiangongsi (d/b/a Eurbus)
(``Eurbus'') of Shenzhen, China; Shenzhen Paisi Industrial Co., Ltd.
(d/b/a Sunyoka123) (``Sunyoka123'') of Shenzhen, China; and Shenzhen
Sibaite Industrial Co., Ltd. (d/b/a SeLucky) (``SeLucky'') of Shenzhen,
China (collectively, ``the Settling Respondents''). Id. at 2746. The
Office of Unfair Import Investigations (``OUII'') is also a party to
the investigation. Id.
The Commission previously terminated the Settling Respondents based
on settlement. See Order No. 5 (Mar. 11, 2025), unreviewed by Comm'n
Notice (Apr. 1, 2025) (Sunyoka123); Order No. 6 (Mar. 11, 2025),
unreviewed by Comm'n Notice (Apr. 1, 2025) (SeLucky); Order No. 7 (Mar.
11, 2025), unreviewed by Comm'n Notice (Apr. 1, 2025) (Eurbus); Order
No. 10 (Apr. 1, 2025), unreviewed by Comm'n Notice (Apr. 22, 2025)
(Tigaman); Order No. 11 (Apr. 1, 2025), unreviewed by Comm'n Notice
(Apr. 22, 2025) (Junyxin).
On May 6, 2025, the ALJ issued an ID finding the Defaulting
Respondents in default for failure to respond to the complaint, notice
of investigation, and order to show cause. See Order No. 13 (May 6,
2025), unreviewed by Comm'n Notice (May 28, 2025).
On June 30, 2025, Complainant filed a motion for summary
determination of a violation of section 337 against the Defaulting
Respondents. Complainant also requested entry of a general exclusion
order (``GEO''), cease and desist orders (``CDOs''), and a bond of one
hundred percent (100%) of the entered value of infringing articles
imported during the period of Presidential review. On July 10, 2025,
OUII filed a response in support of the motion. No other responses were
filed.
On September 17, 2025, the ALJ issued the subject ID (Order No. 16)
granting in part Complainant's motion for summary determination of
violation of section 337 by the Defaulting Respondents. Specifically,
the ALJ granted Complainant's motion with respect to claims 1 and 2 of
the '619 patent and claims 1 and 2 of the '901 patent, but not with
respect to claim 3 of the '901 patent. The ALJ also issued a
recommended determination (``RD'') recommending that the Commission
issue a GEO and CDOs against Maomaohouse, Le Sengyu, HealthSTEC, and
Lishian, but not Edermurs. The ALJ further recommended that the
Commission set a bond of one hundred percent (100%) of the entered
value of infringing articles during the period of Presidential review.
No petition for review of the subject ID was filed.
Also on September 17, 2025, the ALJ issued Order No. 17 requesting
that the parties file a joint submission by September 30, 2025, as to
whether further proceedings are warranted with respect to claim 3 of
the '901 patent. See Order No. 17 (Sept. 17, 2025). On September 25,
2025, Complainant and OUII filed a response indicating that Complainant
would seek to partially terminate the investigation as to claim 3 of
the '901 patent.
On September 29, 2025, Complainant filed a motion for partial
termination of the investigation as to claim 3 of the '901 patent based
on withdrawal of the complaint as to that claim. On the same day, the
ALJ issued an ID granting the motion thereby terminating the
investigation before the ALJ. See Order No. 18 (Sept. 29, 2025).
Having reviewed the record of the investigation, the Commission has
determined to review in part the subject ID (Order No. 16).
Specifically, the
[[Page 56800]]
Commission has determined to review the ID's findings relating to the
domestic industry requirement. The Commission has determined not to
review the remainder of 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. Such submissions should address the recommended
determination by the ALJ on remedy and bonding.
In the initial submission, Complainant is also requested to
identify the remedy sought and Complainant and OUII are requested to
submit proposed remedial orders for the Commission's consideration.
Complainant is further requested to state the dates 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. All initial written submissions from the parties and/or
third parties and interested government agencies, and proposed remedial
orders from the parties must be filed no later than close of business
on December 19, 2025. All reply submissions must be filed no later than
the close of business on January 5, 2026. 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.
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-1430'') 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 December
3, 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: December 3, 2025.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2025-22160 Filed 12-5-25; 8:45 am]
BILLING CODE 7020-02-P
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