Certain Electronic Eyewear Products, Components Thereof, and Related Charging Apparatuses (II); Notice of Commission Determination Not To Review an Initial Determination Finding the Remaining Respondent in Default; 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 has determined not to review an initial determination ("ID") (Order No. 27) of the presiding administrative law judge ("ALJ") that finds the remaining respondent MyW Technology Co., Ltd. ("MyW") of Guangming District, Shenzhen, Guangdong, China 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.
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<title>Federal Register, Volume 91 Issue 98 (Thursday, May 21, 2026)</title>
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[Federal Register Volume 91, Number 98 (Thursday, May 21, 2026)]
[Notices]
[Pages 29983-29985]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-10215]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1455]
Certain Electronic Eyewear Products, Components Thereof, and
Related Charging Apparatuses (II); Notice of Commission Determination
Not To Review an Initial Determination Finding the Remaining 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 has determined not to review an initial determination
(``ID'') (Order No. 27) of the presiding administrative law judge
(``ALJ'') that finds the remaining respondent MyW Technology Co., Ltd.
(``MyW'') of Guangming District, Shenzhen, Guangdong, China 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: Richard P. Hadorn, Esq., Office of the
General Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202) 205-3179. 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#dd9899948eee95b8b1ad9da8aeb4a9bef3bab2ab"><span class="__cf_email__" data-cfemail="5712131e04641f323b271722243e233479303821">[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, telephone (202) 205-1810.
SUPPLEMENTARY INFORMATION: The Commission instituted this investigation
on July 11, 2025, based on a complaint filed by IngenioSpec, LLC
(``IngenioSpec'') of San Jose, California. 90 FR 30980-81 (July 11,
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, and the
sale within the United States after importation of certain electronic
eyewear products, components thereof, and related charging apparatuses
by reason of the infringement of certain claims of U.S. Patent Nos.
10,310,296 and 12,078,870 (collectively, the ``Asserted Patents''). Id
at 30980. The complaint further alleges that a domestic industry exists
or is in the process of being established. Id.
The notice of investigation (``NOI'') names the following
respondents: (1) Brilliant Labs Limited (``Brilliant'') of Singapore;
(2) SZ DJI Technology Co., Ltd. (``SZ DJI'') of Nanshan District,
Shenzhen, China; (3) Even Realities Ltd. of Nanshan District, Shenzhen,
China and Even Realities GmbH of Berlin, Germany (collectively, ``Even
Realities''); (4) Halliday Global Limited of Kaki Bukit, Singapore,
Halliday Holdings Pte. Ltd. of Kaki Bukit, Singapore, and Cosonic
Intelligent Technologies Co., Ltd. of Dongguan City, Guangdong, China
(collectively, ``Halliday''); (5) Shenzhen Yingmu Technology Co., Ltd.
and Sichuan INMO Technology Co., Ltd., both of Nanshan District,
Shenzhen, Guangdong, China (collectively, ``INMO''); (6) MyW; (7)
Shenzhen Langzhiyin Electronic Co., Ltd. (``OHO'') of Xuexiang Bantian
Longgang District, Shenzhen, China; (8) Hangzhou Guangli Technology
Co., Ltd. (``Guangli'') of Xi Hu District, Hangzhou, Zhejiang, China;
and (9) Lexiang Technology Co., Ltd. (``DPVR'') of Pudong New Area,
Shanghai, China. Id. at 30981. The Office of Unfair Import
Investigations is not named as a party. Id.
The Commission previously terminated the investigation as to
several respondents based on settlement. Order No. 9 (Aug. 14, 2025),
unreviewed by Comm'n Notice (Sept. 15, 2025) (Guangli); Order No. 11
(Aug. 25, 2025), unreviewed by Comm'n Notice (Sept. 15, 2025)
(Brilliant); Order No. 19 (Dec. 1, 2025) (Halliday), Order No. 20 (Dec.
1, 2025) (INMO), Order No. 21 (Dec. 1, 2025) (Even Realities), all
unreviewed by Comm'n Notice (Dec. 19, 2025); Order No. 24 (Apr. 1,
2026) (SZ DJI), Order No. 25 (Apr. 1, 2026) (DPVR), both unreviewed by
Comm'n Notice (Apr. 29, 2026).
On January 16, 2026, the Commission terminated the investigation as
to respondent OHO based on withdrawal of the complaint. Order No. 22
(Dec. 17, 2025), unreviewed by Comm'n Notice (Jan. 16, 2026).
On January 12, 2026, IngenioSpec filed a motion for an order
directing respondent MyW to show cause as to why it should not be found
in default for failing to respond to the complaint and the NOI. The
motion also requests an ID finding MyW in default should it
[[Page 29984]]
fail to show such cause. MyW did not file a response to the motion.
On April 7, 2026, the ALJ issued Order No. 26 (i) finding that MyW
was served with the complaint and the NOI, yet did not file responses
thereto ``and has not entered an appearance or otherwise demonstrated
any intent to participate in this investigation,'' and (ii) directing
MyW to show cause, no later than April 22, 2026, as to why it should
not be found in default. Order No. 26 at 3-4 (Apr. 7, 2026); see EDIS
Doc. ID 878098 (Certificate of Service for Order No. 26). MyW did not
file a response to Order No. 26.
On April 27, 2026, the ALJ issued the subject ID (Order No. 27)
finding MyW in default, pursuant to Commission Rule 210.16 (19 CFR
210.16), for failing to respond to the complaint and the NOI and
failing to show cause as to why it should not be found in default.
Order No. 27 at 1-2. The ALJ noted that MyW is ``the last remaining
named Respondent; all other Respondents have been terminated from the
present investigation.'' Id. at 2. No petitions for review of the
subject ID were filed.
Having reviewed the record of this investigation, including the
subject ID and Order No. 26, the Commission has determined not to
review the subject ID. Respondent MyW, the only remaining respondent in
this investigation, is hereby in default pursuant to Commission Rule
210.16.
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 respondent MyW 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 written submission, IngenioSpec is also requested to
identify the remedy sought and to submit proposed remedial orders for
the Commission's consideration. IngenioSpec 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/interested
government agencies, and proposed remedial orders from IngenioSpec must
be filed no later than close of business on June 10, 2026. All reply
submissions must be filed no later than the close of business on June
17, 2026. Opening submissions from the parties are limited to 25 pages.
Reply submissions from the parties are limited to 15 pages. 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 210.4(f). Submissions should refer to the investigation number
(Inv. No. 337-TA-1455) 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 19,
2026.
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).
[[Page 29985]]
By order of the Commission.
Issued: May 19, 2026.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2026-10215 Filed 5-20-26; 8:45 am]
BILLING CODE 7020-02-P
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