Federal Register / Vol. 88, No. 169 / Friday, September 1, 2023 / Notices 60491 

following information on your firm’s 

operations on that product during 

calendar year 2022, except as noted 

(report quantity data in number of 

bearings or bearing equivalents and 

value data in U.S. dollars, f.o.b. plant). 

If you are a union/worker group or 

trade/business association, provide the 

information, on an aggregate basis, for 

the firms in which your workers are 

employed/which are members of your 

association. 

(a) Production (quantity) and, if 

known, an estimate of the percentage of 

total U.S. production of the Domestic 

Like Product accounted for by your 

firm’s(s’) production; 

(b) Capacity (quantity) of your firm to 

produce the Domestic Like Product (that 

is, the level of production that your 

establishment(s) could reasonably have 

expected to attain during the year, 

assuming normal operating conditions 

(using equipment and machinery in 

place and ready to operate), normal 

operating levels (hours per week/weeks 

per year), time for downtime, 

maintenance, repair, and cleanup, and a 

typical or representative product mix); 

(c) the quantity and value of U.S. 

commercial shipments of the Domestic 

Like Product produced in your U.S. 

plant(s); 

(d) the quantity and value of U.S. 

internal consumption/company 

transfers of the Domestic Like Product 

produced in your U.S. plant(s); and 

(e) the value of (i) net sales, (ii) cost 

of goods sold (COGS), (iii) gross profit, 

(iv) selling, general and administrative 

(SG&A) expenses, and (v) operating 

income of the Domestic Like Product 

produced in your U.S. plant(s) (include 

both U.S. and export commercial sales, 

internal consumption, and company 

transfers) for your most recently 

completed fiscal year (identify the date 

on which your fiscal year ends). 

(10) If you are a U.S. importer or a 

trade/business association of U.S. 

importers of the Subject Merchandise 

from the Subject Country, provide the 

following information on your firm’s(s’) 

operations on that product during 

calendar year 2022 (report quantity data 

in number of bearings or bearing 

equivalents and value data in U.S. 

dollars). If you are a trade/business 

association, provide the information, on 

an aggregate basis, for the firms which 

are members of your association. 

(a) The quantity and value (landed, 

duty-paid but not including 

antidumping duties) of U.S. imports 

and, if known, an estimate of the 

percentage of total U.S. imports of 

Subject Merchandise from the Subject 

Country accounted for by your firm’s(s’) 

imports; 

(b) the quantity and value (f.o.b. U.S. 

port, including antidumping duties) of 

U.S. commercial shipments of Subject 

Merchandise imported from the Subject 

Country; and 

(c) the quantity and value (f.o.b. U.S. 

port, including antidumping duties) of 

U.S. internal consumption/company 

transfers of Subject Merchandise 

imported from the Subject Country. 

(11) If you are a producer, an exporter, 

or a trade/business association of 

producers or exporters of the Subject 

Merchandise in the Subject Country, 

provide the following information on 

your firm’s(s’) operations on that 

product during calendar year 2022 

(report quantity data in number of 

bearings or bearing equivalents and 

value data in U.S. dollars, landed and 

duty-paid at the U.S. port but not 

including antidumping duties). If you 

are a trade/business association, provide 

the information, on an aggregate basis, 

for the firms which are members of your 

association. 

(a) Production (quantity) and, if 

known, an estimate of the percentage of 

total production of Subject Merchandise 

in the Subject Country accounted for by 

your firm’s(s’) production; 

(b) Capacity (quantity) of your firm(s) 

to produce the Subject Merchandise in 

the Subject Country (that is, the level of 

production that your establishment(s) 

could reasonably have expected to 

attain during the year, assuming normal 

operating conditions (using equipment 

and machinery in place and ready to 

operate), normal operating levels (hours 

per week/weeks per year), time for 

downtime, maintenance, repair, and 

cleanup, and a typical or representative 

product mix); and 

(c) the quantity and value of your 

firm’s(s’) exports to the United States of 

Subject Merchandise and, if known, an 

estimate of the percentage of total 

exports to the United States of Subject 

Merchandise from the Subject Country 

accounted for by your firm’s(s’) exports. 

(12) Identify significant changes, if 

any, in the supply and demand 

conditions or business cycle for the 

Domestic Like Product that have 

occurred in the United States or in the 

market for the Subject Merchandise in 

the Subject Country after 2017, and 

significant changes, if any, that are 

likely to occur within a reasonably 

foreseeable time. Supply conditions to 

consider include technology; 

production methods; development 

efforts; ability to increase production 

(including the shift of production 

facilities used for other products and the 

use, cost, or availability of major inputs 

into production); and factors related to 

the ability to shift supply among 

different national markets (including 

barriers to importation in foreign 

markets or changes in market demand 

abroad). Demand conditions to consider 

include end uses and applications; the 

existence and availability of substitute 

products; and the level of competition 

among the Domestic Like Product 

produced in the United States, Subject 

Merchandise produced in the Subject 

Country, and such merchandise from 

other countries. 

(13) (OPTIONAL) A statement of 

whether you agree with the above 

definitions of the Domestic Like Product 

and Domestic Industry; if you disagree 

with either or both of these definitions, 

please explain why and provide 

alternative definitions. 

Authority: This proceeding is being 

conducted under authority of title VII of 

the Tariff Act of 1930; this notice is 

published pursuant to § 207.61 of the 

Commission’s rules. 

By order of the Commission. 

Issued: August 25, 2023. 

Lisa Barton, 

Secretary to the Commission. 

[FR Doc. 2023–18765 Filed 8–31–23; 8:45 am] 

BILLING CODE 7020–02–P 

INTERNATIONAL TRADE 

COMMISSION 

[Investigation No. 337–TA–1328] 

Certain Pillows and Seat Cushions, 

Components Thereof, and Packaging 

Thereof 

Notice of a Commission Determination 

To Review in Part an Initial 

Determination Granting Complainant’s 

Motion for Summary Determination of 

Violation of Section 337 and on 

Review, To Vacate Part of the Initial 

Determination; Request for Written 

Submissions on Remedy, the Public 

Interest, and Bonding 

AGENCY: International Trade 

Commission. 

ACTION: Notice. 

SUMMARY: Notice is hereby given that 

the U.S. International Trade 

Commission (‘‘Commission’’) has 

determined to review in part an Initial 

Determination (‘‘ID’’) (Order No. 31) of 

the presiding administrative law judge 

(‘‘ALJ’’), granting a motion for summary 

determination of violation of section 

337 and on review, to vacate part of the 

ID and to take no position on certain 

findings in the ID. The Commission 

requests written submissions from the 

parties, interested government agencies, 

and other interested persons on the 


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issues of remedy, the public interest, 

and bonding, under the schedule set 

forth below. 

FOR FURTHER INFORMATION CONTACT: 

Edward S. Jou, Esq., Office of the 

General Counsel, U.S. International 

Trade Commission, 500 E Street SW, 

Washington, DC 20436, telephone (202) 

205–3316. Copies of non-confidential 

documents filed in connection with this 

investigation may be viewed on the 

Commission’s electronic docket (EDIS) 

at https://edis.usitc.gov. For help 

accessing EDIS, please email 

EDIS3Help@usitc.gov. General 

information concerning the Commission 

may also be obtained by accessing its 

internet server at https://www.usitc.gov. 

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 13, 2022, based on a 

complaint (the ‘‘Complaint’’) filed by 

Purple Innovation, LLC of Lehi, Utah 

(the ‘‘Complainant’’). 87 FR 56086–88 

(Sept. 13, 2022). The Complaint alleges 

violations of section 337 of the Tariff 

Act of 1930, as amended, 19 U.S.C. 

1337, based upon the importation, the 

sale for importation, or sale within the 

United States after importation of 

certain pillows and seat cushions, 

components thereof, and packaging 

thereof by reason of infringement of the 

sole claim of U.S. Design Patent No. 

D909,092 (‘‘the D’092 patent’’); claims 

1–16, 18, 19, 21–33, and 35 of U.S. 

Patent No. 10,772,445 (‘‘the ’445 

patent’’); claims 1–4, 6, 10–12, 19, and 

20 of U.S. Patent No. 10,863,837 (‘‘the 

’837 patent’’); U.S. Trademark 

Registration No. 5,661,556 (‘‘the ’556 

mark’’); and U.S. Trademark 

Registration No. 6,551,053 (‘‘the ’053 

mark’’). Id. at 56086–87. The Complaint 

further alleges the existence of a 

domestic industry. Id. The Complaint 

also alleges violations of section 337 in 

the importation into the United States, 

or sale of certain products identified 

above by reason of trade dress 

infringement, the threat or effect of 

which is to destroy or substantially 

injure an industry in the United States. 

Id. 

The Commission’s notice of 

investigation names 41 respondents: 

Bedmate-U Co., Ltd. (‘‘Bedmate-U’’) of 

Gyeonggi-do, Korea; Chuang Fan 

Handicraft Co., Ltd. of Zhejiang, China; 

Dongguan Bounce Technology Co., Ltd. 

of Guangdong, China; Dongguan Jingrui 

Silicone Technology Co., Ltd. 

(‘‘Dongguan Jingrui’’) of Guangdong, 

China; Foshan Dirani Design Furniture 

Co., Ltd. (‘‘Dirani Design’’) of 

Guangdong, China; Global Ocean 

Trading Co., Ltd. of Guangdong, China; 

Guang An Shi Lin Chen Zai Sheng Wuzi 

Co., Ltd. of Zhejiang, China; Guang 

Zhou Wen Jie Shang Mao Youxian 

Gongsi Co., Ltd. of Shanghai, China; 

Guangzhou Epsilon Import and Export 

Co., Ltd. of Guangdong, China; 

Guangzhoushi Baixiangguo Keji 

Youxian Gongsi Co., Ltd. of Guangdong, 

China; Haircrafters LLC of Chattanooga, 

TN; Hangzhou Lishang Import & Export 

Co., Ltd. of Zhejiang, China; Hangzhou 

Lydia Sports Goods Co., Ltd. 

(‘‘Hangzhou Lydia’’) of Zhejiang, China; 

Hebei Zeyong Technology Co., Ltd. of 

Hebei, China; Henson Holdings, LLC 

(‘‘Henson Holdings’’) of Lafayette, 

Louisiana; Hetaibao of Anhui, China; 

Hubei Sheng Bingyi Dianzi Keji 

Youxian Gongsi Co., Ltd. of Hubei, 

China; Kaifeng Shi Long Ting Qu Chen 

Yi of Henan, China; Lankao Junchang 

Electronic Commerce Co., Ltd. of 

Henan, China; Lei Lei Wang of Anhui, 

China; Liu Lin Xian Xu Bin Dian Zi 

Chan Pin Dian of Shanxi, China; 

Nanchang Shirong Bao Er Guanggao 

Youxian Gongsi Co., Ltd. of Jiangxi, 

China; Ningbo Bolian Import & Export 

Co., Ltd. (‘‘Ningbo Bolian’’) of Beijing 

China; Ningbo Minzhou Import & 

Export Co., Ltd. (‘‘Ningbo Minzhou’’) of 

Beijing, China; Ruian Xiu Yuan Guoji 

MaoYi Youxian Gongso Co., Ltd. of 

Zhejiang, China; Shandong Jiu Hui 

Xinxi Keji Youxian Gongsi Co., Ltd. 

(‘‘Shangdong Jiu Hui’’) of Shandong, 

China; Shanxi Chao Ma Xun Keji 

Youxian Gongsi Co., Ltd. of Shanxi, 

China; Shenzhen Baibaikang 

Technology Co., Ltd. of Guangdong, 

China; Shenzhen Leadfar Industry Co., 

Ltd. (‘‘Shenzhen Leadfar’’) of 

Guangdong, China; Shenzhen Shi Mai 

Rui Ke Dianzi Shangwu Co., Ltd. of 

Guangdong, China; Shenzhen Shi Xin 

Shangpin Dianzi Shangwu Youxian 

Gongsi Co., Ltd. (‘‘Shenzhen Shi Xin’’) 

of Guangdong, China; Shenzhen Shi 

Yan Huang Chu Hai Keji Youxian 

Gongsi Co., Ltd. of Guangdong, China; 

Shenzhen Shi Yuxiang Meirong Yongju 

of Guangdong, China; Shenzhen 

Tianrun Material Co., Ltd. of 

Guangdong, China; Wuhan Chenkuxuan 

Technology Co., Ltd. of Hubei, China; 

Xiao Dawei of Fujian, China; Xiao Xiao 

Pi Fa Shang Mao You Xian Ze Ren 

Gongsi Co. of Shanxi, China; YaRu 

Wang of Shanxi, China; Yiwu Youru Ecommerce Co., Ltd. of Zhejiang, China; 

Zhejiang Xinhui Import & Export Co., 

Ltd. of Zhejiang, China; and Zhou Meng 

Bo of Guangdong, China. Id. at 56087– 

88. The Office of Unfair Import 

Investigations (‘‘OUII’’) is also a party to 

this investigation. Id. at 56088. 

Five respondents were terminated by 

withdrawal of allegations in the 

Complaint pursuant to Order No. 15 

(Jan. 10, 2023), unreviewed by Comm’n 

Notice (Feb. 8, 2023). Twenty-five 

additional respondents were terminated 

by withdrawal of allegations in the 

Complaint pursuant to Order No. 19 

(Feb. 16, 2023), unreviewed by Comm’n 

Notice (Mar. 20, 2023), reconsidered in 

part by Comm’n Notice (May 19, 2023). 

Complainant also withdrew its 

allegations with respect to trade dress, 

the ’556 mark, and the D’092 patent 

pursuant to Order No. 19. Id. Seven 

additional respondents were terminated 

by consent order pursuant to Order No. 

23 (Mar. 30, 2023) (Shenzhen Shi Xin), 

Order No. 24 (Apr. 3, 2023) (BedmateU), Order No. 25 (Apr. 7, 2023) (Henson 

Holdings), Order No. 26 (Apr. 10, 2023) 

(Ningbo Minzhou), Order No. 27 (Apr. 

12, 2023) (Lei Lei Wang), Order No. 28 

(Apr. 13, 2023) (Hetaibao), and Order 

No. 29 (May 10, 2023) (Ningbo Bolian), 

unreviewed by Comm’n Notice (May 19, 

2023). 

Dirani Design, Dongguan Jingrui, 

Hangzhou Lydia, and Shenzhen Leadfar 

(collectively, the ‘‘Defaulting 

Respondents’’) were found in default 

pursuant to Order No. 16 (Jan. 11, 2023), 

unreviewed by Comm’n Notice (Feb. 8, 

2023), and Order No. 21 (Mar. 8, 2023), 

unreviewed by Comm’n Notice (Mar. 30, 

2023). 

On March 15, 2023, Complainant filed 

a motion for summary determination of 

violation with respect to infringement of 

certain claims of the ’837 patent and the 

’445 patent by the Defaulting 

Respondents. On March 29, 2023, OUII 

filed a response in support of the 

motion. 

On July 13, 2023, the ALJ granted 

Complainant’s motion in an Initial 

Determination and issued a 

Recommended Determination on 

Remedy and Bond (Order No. 31, the 

‘‘ID’’ and ‘‘RD’’). The ID finds a 

violation of section 337 by reason of 

infringement of certain claims of the 

’445 patent by Dongguan Jingrui, 

Hangzhou Lydia, and Shenzhen Leadfar. 

The ALJ notes that ‘‘a finding of 

violation as to Dirani Design is 

unnecessary because Purple seeks only 

a limited exclusion order.’’ RD at 50. 

The RD recommends that a limited 

exclusion order issue with respect to the 

products of Dirani Design accused of 

infringing certain claims of the ’837 

patent and that a general exclusion 

order issue with respect to articles that 

infringe certain claims of the ’445 

patent. The RD further recommends that 

cease and desist orders issue with 


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1Commissioner Kearns and Commissioner Stayin 

also take no position on the ID’s comparisons of 

Complainant’s allocated domestic expenditures on 

manufacturing and R&D relating to the domestic 

industry product to department-wide expenditures 

related to the domestic industry products. See ID 

at 46. 

2Commissioner Karpel would adopt the ID’s 

analysis of the economic prong of the domestic 

industry requirement. ID at 38–47. The ID identifies 

in numerical terms the particular investments that 

are claimed by Purple with respect to the articles 

protected by the ‘445 patent and notes that Purple’s 

investments within these statutory categories ‘‘are 

quantitatively significant in absolute terms.’’ ID at 

45–46. The ID then reviews the significance of these 

investments in context, comparing them to total 

manufacturing and R&D expenditures for the DI 

product, Purple’s overall U.S. expenditures on its 

DI products, and its revenues from sales of these 

products and finds these indicia show the 

investments to be quantitatively significant. Id. at 

46–47. The ID’s approach is consistent with the 

Commission’s practice to review the asserted 

investments in numerical terms and then review 

those investments in the context of the company’s 

operations, the marketplace, or the industry in 

question. Therefore, Commissioner Karpel would 

affirm the ID’s domestic industry economic prong 

analysis in its entirety. 

respect to each of the Defaulting 

Respondents and that a 100% bond be 

set during Presidential review. 

No petitions for review of the ID were 

filed. 

The Commission has determined to 

review the ID in part to address (i) the 

ID’s consideration of the alleged 

indefiniteness of the term ‘‘threshold 

pressure level’’ and (ii) the ID’s findings 

with respect to the significance of 

domestic industry investments. 

On review, the Commission has 

determined to vacate the ID’s 

consideration of the alleged 

indefiniteness of the term ‘‘threshold 

pressure level.’’ ID at 28–33. Consistent 

with Lannom Mfg. Co. v. U.S. Int’l 

Trade Comm’n, 799 F.2d 1579 (Fed. Cir. 

1986), the Commission declines to 

address invalidity arguments raised 

solely by a party that has been 

terminated from the investigation before 

invalidity is decided. See id. at 1579–80 

(‘‘Congress did not authorize the 

Commission to redetermine patent 

validity when no defense of invalidity 

has been raised.’’); see also Certain 

Toner Cartridges and Components 

Thereof, Inv. No. 337–TA–918, Initial 

Determination at 68–69 (May 12, 2015) 

(declining to address indefiniteness 

arguments raised by terminated 

respondents), unreviewed in relevant 

part by Comm’n Notice (Jun. 24, 2015). 

The Commission affirms the ID’s finding 

that no construction of the term 

‘‘threshold pressure level’’ is necessary 

as the surrounding claim language 

already defines the term as the pressure 

at which the claimed ‘‘deformable wall 

members’’ are ‘‘configured to buckle.’’ 

ID at 33–34. 

With respect to the economic prong of 

the domestic industry requirement, the 

Commission takes no position with 

respect to the ID’s finding that the 

investments are ‘‘quantitatively 

significant in absolute terms.’’ ID at 

45.1 2 The Commission affirms the ID’s 

finding that Complainant’s domestic 

investments in plant and equipment and 

employment of labor and capital are 

significant. Id. at 45–47. 

The Commission has determined not 

to review the remainder of the ID, 

including the determination that there is 

a violation of section 337 by reason of 

infringement of certain claims of the 

’445 patent by Dongguan Jingrui, 

Hangzhou Lydia, and Shenzhen Leadfar. 

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 respondent 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 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 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. The initial 

written submissions and proposed 

remedial orders must be filed no later 

than close of business on September 11, 

2023. Reply submissions must be filed 

no later than the close of business on 

September 18, 2023. No further 

submissions on 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. The Commission’s paper 

filing requirements in 19 CFR 210.4(f) 

are currently waived. 85 FR 15798 (Mar. 

19, 2020). Submissions should refer to 

the investigation number (‘‘Inv. No. 

337–TA–1328’’) in a prominent place on 

the cover page and/or the first page. (See 

Handbook for Electronic Filing 

Procedures, https://www.usitc.gov/ 

documents/handbook_on_filing_

procedures.pdf). 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 


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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 

simultaneously with any confidential 

filing and must be served in accordance 

with Commission Rule 210.4(f)(7)(ii)(A) 

(19 CFR 210.4(f)(7)(ii)(A)). 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 August 28, 

2023. 

This action is taken under the 

authority of 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 28, 2023. 

Lisa Barton, 

Secretary to the Commission. 

[FR Doc. 2023–18893 Filed 8–31–23; 8:45 am] 

BILLING CODE 7020–02–P 

INTERNATIONAL TRADE 

COMMISSION 

[Investigation No. 337–TA–1288] 

In the Matter of Certain Playards and 

Strollers; Notice of a Final 

Determination Finding No Violation of 

Section 337; Termination of the 

Investigation 

AGENCY: U.S. International Trade 

Commission. 

ACTION: Notice. 

SUMMARY: Notice is hereby given that 

the U.S. International Trade 

Commission has determined to affirm in 

part, modify in part, reverse in part, and 

take no position on certain portions of 

the Administrative Law Judge’s (‘‘ALJ’’) 

final initial determination (‘‘ID’’), issued 

on March 31, 2023, finding a violation 

of section 337 in the above-referenced 

investigation as to two of the three 

asserted patents. The Commission has 

determined that no violation of section 

337 has occurred as to any of the 

asserted patents based on the 

importation of certain playards and 

strollers. This investigation is 

terminated. 

FOR FURTHER INFORMATION CONTACT: 

Benjamin S. Richards, Esq., Office of the 

General Counsel, U.S. International 

Trade Commission, 500 E Street SW, 

Washington, DC 20436, telephone (202) 

708–5453. Copies of non-confidential 

documents filed in connection with this 

investigation may be viewed on the 

Commission’s electronic docket (EDIS) 

at https://edis.usitc.gov. For help 

accessing EDIS, please email 

EDIS3Help@usitc.gov. General 

information concerning the Commission 

may also be obtained by accessing its 

internet server at https://www.usitc.gov. 

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 

by publication in the Federal Register 

on December 27, 2021. 86 FR 73318 

(Dec. 27, 2021). The complainants are 

Graco Children’s Products Inc., of 

Atlanta, GA (‘‘Graco’’) and Wonderland 

Nurserygoods Co., Ltd. of Taipei, 

Taiwan (‘‘Wonderland’’). Graco and 

Wonderland’s complaint, as 

supplemented, alleged violations of 

section 337 of the Tariff Act of 1930, as 

amended, 19 U.S.C. 1337, in the 

importation into the United States, the 

sale for importation, or the sale within 

the United States after importation of 

certain playards and strollers by reason 

of infringement of certain claims of U.S. 

Patent Nos. 9,706,855 (‘‘the ’855 

patent’’); 9,414,694 (‘‘the ’694 patent’’); 

RE43,919 (‘‘the ’919 patent’’); and 

6,979,017 (‘‘the ’017 patent’’). Id. The 

complaint further alleged that a 

domestic industry exists. Id. The 

Commission’s notice of investigation 

named as respondents Baby Trend, Inc. 

of Fontana, CA (‘‘Baby Trend’’); 

Dongguan Golden Prosper Baby 

Products Co., Ltd., of Guangdong, China 

(‘‘Golden Prosper’’); Sichuan Hobbies 

Baby Products Co., Ltd., of Sichuan, 

China (‘‘Sichuan Hobbies’’); and Anhui 

Chile Baby Products Co., Ltd. of Anhui 

Province, China (‘‘Anhui Chile’’). Id. 

The Office of Unfair Import 

Investigations is not participating in the 

investigation. Id. 

On April 1, 2022, the Commission 

determined not to review an ID 

terminating the investigation as to the 

’017 patent. Order No. 7 (Mar. 7, 2022), 

unreviewed by Comm’n Notice (Apr. 1, 

2022). On April 12, 2022, the 

Commission determined not to review 

an ID terminating the investigation as to 

respondent Golden Prosper based on 

withdrawal of the complaint. Order No. 

8 (Mar. 23, 2022), unreviewed by 

Comm’n Notice (Apr. 12, 2022). And, on 

December 14, 2022, the Commission 

determined not to review an ID 

terminating the investigation as to 

claims 3–9, 11–12, 14, and 16–20 of the 

’855 patent, claims 2, 4–9, 11–17, and 

19–20 of the ’694 patent, and claims 8, 

10–12, 14–19, and 27–28 of the ’919 

patent as to all respondents, and 

terminating the investigation as to claim 

20 of the ’919 patent as to respondents 

Sichuan Hobbies and Anhui Chile (but 

not Baby Trend). Order No. 21 (Nov. 15, 

2022), unreviewed by Comm’n Notice 

(Dec. 14, 2022). 

The ALJ held an evidentiary hearing 

from December 12–15, 2022, at which 

point, only claims 1, 2, 10, 13, and 15 

of the ’855 patent and claims 1, 10, and 

18 of the ’694 patent remained as to all 

respondents and claim 20 of the ’919 

patent remained as to respondent Baby 

Trend. At the time of the evidentiary 

hearing, there were three remaining 

respondents in this investigation: Baby 

Trend, Sichuan Hobbies, and Anhui 

Chile (‘‘Respondents’’). 

On March 31, 2023, the ALJ issued 

the final ID in this investigation. The ID 

found that a violation of section 337 had 

occurred based on the respondents’ 

importation and sale of products that 

infringe certain claims of the ’855 patent 

and the ’694 patent. By contrast, the ID 

found that no violation had occurred in 

connection with the ’919 patent. The 

ALJ issued his recommended 

determination (‘‘RD’’) on remedy and 

bond concurrently with the ID. The RD 

recommended issuance of a limited 

exclusion order directed to accused 

products that infringe the ’855 or ’694 

patents. In addition, the RD 

recommended the issuance of a cease 

and desist order. As to bond, the RD 

recommended a bond rate of 4% for the 

product accused of infringing only the 

’919 patent and a bond rate of 59% for 

the remaining accused products. 

The parties filed petitions for review 

of the ID on April 14, 2023, and 

responses thereto on April 24, 2023. 

On July 6, 2023, the Commission 

determined to review the ID in part. 

Specifically, the Commission 

determined to review: (1) for the ’855 


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