Notice2026-19543
Certain Boiler Protection for Absorption Refrigeration Systems and Components Thereof; Notice of the Commission's Final Determination Finding a Violation of Section 337; Issuance of a General Exclusion Order and Cease and Desist Orders; Termination of the Investigation
Primary source
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Published
September 24, 2026
Issuing agencies
International Trade Commission
Abstract
Notice is hereby given that the U.S. International Trade Commission has found a violation of section 337 of the Tariff Act of 1930, as amended, in this investigation and has issued a general exclusion order ("GEO") prohibiting the importation of certain boiler protection for absorption refrigeration systems and components thereof that infringe claims 1, 4, 6, and 10 of U.S. Patent No. 8,056,360 ("the '360 patent"), and cease and desist orders ("CDOs") against the defaulting respondents.
Full Text
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<title>Federal Register, Volume 91 Issue 184 (Thursday, September 24, 2026)</title>
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[Federal Register Volume 91, Number 184 (Thursday, September 24, 2026)]
[Notices]
[Pages 60640-60642]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-19543]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1453]
Certain Boiler Protection for Absorption Refrigeration Systems
and Components Thereof; Notice of the Commission's Final Determination
Finding a Violation of Section 337; Issuance of a General Exclusion
Order and Cease and Desist Orders; 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 has found a violation of section 337 of the Tariff Act of
1930, as amended, in this investigation and has issued a general
exclusion order (``GEO'') prohibiting the importation of certain boiler
protection for absorption refrigeration systems and components thereof
that infringe claims 1, 4, 6, and 10 of U.S. Patent No. 8,056,360
(``the '360 patent''), and cease and desist orders (``CDOs'') against
the defaulting respondents.
FOR FURTHER INFORMATION CONTACT: Panyin A. Hughes, Office of the
General Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202) 205-3042. Copies of non-
confidential documents filed in connection with this investigation may
be viewed on the Commission's electronic docket (EDIS) at <a href="http://edis.usitc.gov">http://edis.usitc.gov</a>. For help accessing EDIS, please email EDIS
<a href="/cdn-cgi/l/email-protection#16255e737a665663657f627538717960"><span class="__cf_email__" data-cfemail="d2e19ab7bea292a7a1bba6b1fcb5bda4">[email protected]</span></a>. General information concerning the Commission may also
be obtained by accessing its internet server (<a href="http://www.usitc.gov">http://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 the investigation
on June 18, 2025, based on a complaint, as supplemented, filed by
Complainants
[[Page 60641]]
ARPC LLC and Paul N. Unmack (together, ``Complainants''), both of
Butte, Montana. 90 FR 26066-67 (Jun. 18, 2026). The complaint alleged
violations of section 337 in the importation into the United States,
the sale for importation, and the sale within the United States after
importation of certain boiler protection for absorption refrigeration
systems and components thereof by reason of infringement of claims 1,
4, 6, and 10 of the '360 patent. Id. at 26066. The Commission's notice
of investigation named 10 respondents: Kuofanghenanmaoyiyouxiangongsi
of Zhengzhou, China (``Koofang'');
Wuhujiaoxiangdianzishangwuyouxiangongsi of Wuhu, China (``Bydorunce'');
Shenzhenshi Xiangfan Xinxizixun Youxiangongsi of Shenzhen, China
(``RVGIVE''); Ruianshichensumaoyiyouxiangongsi of Rui'an, China
(``Tesmirror''); Wuhu Tianhao e-commerce Co., Ltd of Wuhu, China
(``iFJF''); shen zhen shi hong kang da ke ji you xian gong si of
Shenzhen, China (``HKDAUTOTECH''); guangzhou yingpeng dianzi shangwu
youxiangongsi of Guangzhou, China (``VISVIC''); Wang Hai Ping of
Guangzhou, China (``Hofantek''); shen zhen shi xing han xing dian zi
shang wu you xian gong si of Shenzhen, China (``XHXAUTO''); and
Qingyuannuozedianzishangwuyouxianzerengongsi of Qingyuan, China
(``Little Bear Pocket''). Id. The Office of Unfair Import
Investigations (``OUII'') is participating in this investigation. Id.
On November 21, 2025, Complainants moved for an order to show cause
and an entry of default against seven respondents--Koofang, Bydorunce,
RVGIVE, Tesmirror, iFJF, HKDAUTOTECH, and VISVIC. On December 2, 2025,
OUII filed a response in support of the motion. On December 8, 2025,
the CALJ issued an order to show cause against Koofang, Bydorunce,
RVGIVE, Tesmirror, iFJF, HKDAUTOTECH, and VISVIC. Order No. 8 (Dec. 8,
2025).
On December 11, 2025, Complainants moved to withdraw the complaint
and terminate the investigation with respect to the three unserved
respondents--Hofantek, Tesmirror, and XHXAUTO. On December 15, 2025,
OUII filed a response in support of the motion. The Commission
terminated those parties from the investigation. Order No. 10 (Dec. 19,
2025), unreviewed by Notice (Jan. 8, 2026).
On December 19, 2025, the CALJ issued an order correcting Order No.
8 based on the inadvertent exclusion of Little Bear Pocket and
inadvertent inclusion of Tesmirror, and ordered Little Bear Pocket to
show cause why it should not be found in default. Order No. 9 (Dec. 19,
2025).
On January 11, 2026, Complainants moved for a summary determination
of violation against the seven respondents subject to the show cause
order, and requested the issuance of a GEO, the issuance of CDOs
against each respondent, and the imposition of a bond of one hundred
percent (100%) of the entered value of the infringing articles. On
February 9, 2026, OUII filed a response in support of the motion.
On February 24, 2026, respondents Bydorunce and iFJF moved to
terminate the investigation based on the entry of a consent order. On
February 27, 2026, OUII filed a response supporting the motion to
terminate the investigation with respect to those parties. On March 6,
2026, Complainants filed a response supporting the motion. The
Commission subsequently terminated Bydorunce and iFJF from the
investigation. Order No. 17 (Mar. 11, 2026), unreviewed by Comm'n
Notice (Mar. 30, 2026).
On February 25, 2026, the CALJ found respondents Koofang, RVGIVE,
Little Bear Pocket, and VISVIC (together, ``the Defaulting
Respondents'') in default for failing to respond to the order to show
cause why they should not be found in default. Order No. 16 (Feb. 25,
2026), unreviewed by Notice (Mar. 20, 2026). The CALJ also declined to
find HKDAUTOTECH in default because Complainants could not establish
that the show cause order was served on HKDAUTOTECH.
On March 6, 2026, Complainants moved to terminate the investigation
with respect to HKDAUTOTECH based on a partial withdrawal of the
complaint. On March 12, 2026, OUII filed a response in support of the
motion. The Commission subsequently terminated HKDAUTOTECH from the
investigation. Order No. 19 (Mar. 24, 2026), unreviewed by Comm'n
Notice (Apr. 15, 2026).
On May 21, 2026, the CALJ issued the subject ID granting the motion
for summary determination of violation. Specifically, the ID found
that: (1) the importation requirement is satisfied for all Defaulting
Respondents; (2) all Defaulting Respondents' accused products infringe
claims 1, 4, 6, and 10 of the '360 patent; (3) the asserted domestic
industry product satisfies claims 1, 4, 6, and 10 of the '360 patent;
and (4) the economic prong of the domestic industry requirement is
satisfied under both subsection 337(a)(3)(A) and (B). The CALJ
recommended that the Commission issue a GEO, CDOs against each
Defaulting Respondent, and set a bond rate of one hundred percent
(100%) of the entered value of the imported articles. No party
petitioned for review of the ID.
On July 6, 2026, the Commission determined on its own initiative to
review the final ID's findings on the economic prong of the domestic
industry requirement. 91 FR 42249-51 (July 8, 2026); 19 CFR 210.44. The
Commission determined not to review the remaining findings,
conclusions, and supporting analysis in the final ID, including its
findings that Complainants have established by substantial, reliable,
and probative evidence that the respondents' products practice the
asserted claims of the '360 patent. The Commission also requested
briefing on remedy, bonding, and the public interest.
On July 19, 2026, Complainants filed their initial submission to
the Commission's request for briefing. On July 20, 2026, OUII filed its
initial submission to the Commission's request for briefing. OUII filed
a response submission on July 27, 2026. No other party filed a
submission before the Commission.
Having reviewed the record of the investigation, including the
final ID and the parties' submissions, the Commission has found a
violation of section 337 with respect to claims 1, 4, 6, and 10 of the
'360 patent. Specifically, the Commission has determined to affirm,
with modifications, the final ID's finding that Complainants have
satisfied the economic prong of the domestic industry requirement under
19 U.S.C. 1337(a)(3)(B).
The Commission has determined that the appropriate remedy is: (1) a
GEO under section 337(g)(2) and (d)(2)(B) prohibiting the entry of
boiler protection for absorption refrigeration systems and components
thereof that infringe claims 1, 4, 6, and 10 of the '360 patent; and
(2) CDOs against each of the four Defaulting Respondents under section
337(g)(1). The Commission has determined that the public interest
factors do not preclude issuance of the remedial orders. The Commission
has determined that a bond is required during the period of
Presidential review and sets the bond in the amount of one hundred
percent (100%) of entered value for imported infringing articles. 19
U.S.C. 1337(j)(3).
The investigation is terminated. The Commission's reasoning in
support of its determination is set forth more fully in its opinion.
The Commission's orders and opinion were delivered to the President and
the United States Trade Representative on the day of their issuance.
[[Page 60642]]
The Commission vote for this determination took place on September
21, 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).
By order of the Commission.
Issued: September 21, 2026.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2026-19543 Filed 9-23-26; 8:45 am]
BILLING CODE 7020-02-P
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