60494 Federal Register / Vol. 88, No. 169 / Friday, September 1, 2023 / Notices 

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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Federal Register / Vol. 88, No. 169 / Friday, September 1, 2023 / Notices 60495 

1The record is defined in § 207.2(f) of the 

Commission’s Rules of Practice and Procedure (19 

CFR 207.2(f)). 

2 88 FR 52116 and 88 FR 52124 (August 7, 2023). 

patent, whether claim 15 is anticipated 

by Gabriella, and whether claims 1, 2, 

10, and 13 are obvious based on 

Troutman and Song or Hsia and Song; 

(2) for the ’694 patent, whether claim 18 

is anticipated by Hsia and whether 

claims 1 and 10 are obvious based on 

Troutman and Tharalson; (3) the ’919 

patent in its entirety; and (4) whether 

the technical and economic prongs of 

the domestic industry requirement are 

met for all three patents. In connection 

with its review of the ID, the 

Commission sought briefing from the 

parties on several questions germane to 

the issues on review. The Commission 

also requested briefing from the parties, 

interested government agencies, and 

other interested persons on remedy, 

bonding, and the public interest. 

On July 20, 2023, the parties 

submitted briefs responding to the 

questions posed in the Commission’s 

Notice of Review and on remedy, the 

public interest, and bond. Thereafter, on 

July 27, 2023, each submitted a reply to 

the other’s brief on review. No 

additional submissions were received. 

Having considered the parties’ 

submissions, the ID, and the record in 

this investigation, the Commission has 

determined that no violation of section 

337 has occurred based on Respondents’ 

importation into the United States, sale 

for importation, or sale within the 

United States after importation of 

certain playards and strollers. The 

Commission has further determined to 

affirm in part, modify in part, reverse in 

part, and take no position on certain 

portions of the ID, as explained in the 

Commission’s opinion issued 

concurrently herewith. This 

investigation is terminated. 

The Commission vote for this 

determination took place on August 28, 

2023. 

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 28, 2023. 

Lisa Barton, 

Secretary to the Commission. 

[FR Doc. 2023–18953 Filed 8–31–23; 8:45 am] 

BILLING CODE 7020–02–P 

INTERNATIONAL TRADE 

COMMISSION 

[USITC SE–23–042] 

Sunshine Act Meetings 

AGENCY HOLDING THE MEETING: United 

States International Trade Commission. 

TIME AND DATE: September 8, 2023 at 

11:00 a.m. 

PLACE: Room 101, 500 E Street SW, 

Washington, DC 20436, Telephone: 

(202) 205–2000. 

STATUS: Open to the public. 

MATTERS TO BE CONSIDERED: 

1. Agendas for future meetings: none. 

2. Minutes. 

3. Ratification List. 

4. Commission vote on Inv. Nos. 701– 

TA–570 and 731–TA–1346 (Review) 

(Aluminum Foil from China). The 

Commission currently is scheduled to 

complete and file its determinations and 

views of the Commission on September 

19, 2023. 

5. Commission vote on Inv. Nos. 701– 

TA–693 and 731–TA–1629–1640 

(Preliminary) (Mattresses from Bosnia 

and Herzegovina, Bulgaria, Burma, 

India, Indonesia, Italy, Kosovo, Mexico, 

Philippines, Poland, Slovenia, Spain, 

and Taiwan). The Commission currently 

is scheduled to complete and file its 

determinations on September 11, 2023; 

views of the Commission currently are 

scheduled to be completed and filed on 

September 18, 2023. 

6. Outstanding action jackets: none. 

CONTACT PERSON FOR MORE INFORMATION: 

Sharon Bellamy, Acting Supervisory 

Hearings and Information Officer, 202– 

205–2000. 

The Commission is holding the 

meeting under the Government in the 

Sunshine Act, 5 U.S.C. 552(b). In 

accordance with Commission policy, 

subject matter listed above, not disposed 

of at the scheduled meeting, may be 

carried over to the agenda of the 

following meeting. 

By order of the Commission. 

Issued: August 30, 2023. 

Sharon Bellamy, 

Acting Supervisory Hearings and Information 

Officer. 

[FR Doc. 2023–19106 Filed 8–30–23; 4:15 pm] 

BILLING CODE 7020–02–P 

INTERNATIONAL TRADE 

COMMISSION 

[Investigation Nos. 701–TA–692 and 731– 

TA–1628 (Preliminary)] 

Certain Pea Protein From China 

Determinations 

On the basis of the record 1 developed 

in the subject investigations, the United 

States International Trade Commission 

(‘‘Commission’’) determines, pursuant 

to the Tariff Act of 1930 (‘‘the Act’’), 

that there is a reasonable indication that 

an industry in the United States is 

materially injured by reason of imports 

of certain pea protein from China, 

provided for in subheadings 3504.00.10, 

3504.00.50, and 2106.10.00 of the 

Harmonized Tariff Schedule of the 

United States, that are alleged to be sold 

in the United States at less than fair 

value (‘‘LTFV’’) and to be subsidized by 

the government of China.2

Commencement of Final Phase 

Investigations 

Pursuant to section 207.18 of the 

Commission’s rules, the Commission 

also gives notice of the commencement 

of the final phase of its investigations. 

The Commission will issue a final phase 

notice of scheduling, which will be 

published in the Federal Register as 

provided in § 207.21 of the 

Commission’s rules, upon notice from 

the U.S. Department of Commerce 

(‘‘Commerce’’) of affirmative 

preliminary determinations in the 

investigations under §§ 703(b) or 733(b) 

of the Act, or, if the preliminary 

determinations are negative, upon 

notice of affirmative final 

determinations in those investigations 

under §§ 705(a) or 735(a) of the Act. 

Parties that filed entries of appearance 

in the preliminary phase of the 

investigations need not enter a separate 

appearance for the final phase of the 

investigations. Industrial users, and, if 

the merchandise under investigation is 

sold at the retail level, representative 

consumer organizations have the right 

to appear as parties in Commission 

antidumping and countervailing duty 

investigations. The Secretary will 

prepare a public service list containing 

the names and addresses of all persons, 

or their representatives, who are parties 

to the investigations. 

Background 

On July 12, 2023, PURIS Proteins 

LLC, Minneapolis, Minnesota filed 


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