Federal Register / Vol. 88, No. 185 / Tuesday, September 26, 2023 / Notices 66053 

the antidumping duty orders on citric 

acid and certain citrate salts from 

Belgium, Colombia, and Thailand 

would be likely to lead to continuation 

or recurrence of material injury within 

a reasonably foreseeable time. A 

schedule for the reviews will be 

established and announced at a later 

date. 

DATES: September 5, 2023. 

FOR FURTHER INFORMATION CONTACT: Alec 

Resch (202) 708–1448, Office of 

Investigations, U.S. International Trade 

Commission, 500 E Street SW, 

Washington, DC 20436. Hearingimpaired persons can obtain 

information on this matter by contacting 

the Commission’s TDD terminal on 

(202) 205–1810. Persons with mobility 

impairments who will need special 

assistance in gaining access to the 

Commission should contact the Office 

of the Secretary at (202) 205–2000. 

General information concerning the 

Commission may also be obtained by 

accessing its internet server (https://

www.usitc.gov). The public record for 

these reviews may be viewed on the 

Commission’s electronic docket (EDIS) 

at https://edis.usitc.gov. 

For further information concerning 

the conduct of these reviews and rules 

of general application, consult the 

Commission’s Rules of Practice and 

Procedure, part 201, subparts A through 

E (19 CFR part 201), and part 207, 

subparts A, D, E, and F (19 CFR part 

207). 

SUPPLEMENTARY INFORMATION: On 

September 5, 2023, the Commission 

determined that it should proceed to 

full reviews in the subject five-year 

reviews pursuant to section 751(c) of the 

Tariff Act of 1930 (19 U.S.C. 1675(c)). 

The Commission found that the 

domestic interested party group 

response and the respondent interested 

party group response from Belgium to 

its notice of institution (88 FR 35923, 

June 1, 2023) were adequate, and 

determined to conduct a full review of 

the order on imports from Belgium. The 

Commission also found that the 

respondent interested party group 

responses from Colombia and Thailand 

were inadequate but determined to 

conduct full reviews of the orders on 

imports from those countries in order to 

promote administrative efficiency in 

light of its determination to conduct a 

full review of the order with respect to 

Belgium. A record of the 

Commissioners’ votes will be available 

from the Office of the Secretary and at 

the Commission’s website. 

Authority: These reviews are being 

conducted under authority of title VII of 

the Tariff Act of 1930; this notice is 

published pursuant to § 207.62 of the 

Commission’s rules. 

By order of the Commission. 

Issued: September 21, 2023. 

Katherine Hiner, 

Supervisory Attorney. 

[FR Doc. 2023–20886 Filed 9–25–23; 8:45 am] 

BILLING CODE 7020–02–P 

INTERNATIONAL TRADE 

COMMISSION 

[Investigation No. 337–TA–1294] 

Certain High-Performance Gravity-Fed 

Water Filters and Products Containing 

the Same; Notice of the Commission’s 

Final Determination Finding No 

Violation of Section 337; Termination 

of the Investigation 

AGENCY: International Trade 

Commission. 

ACTION: Notice. 

SUMMARY: Notice is hereby given that 

the U.S. International Trade 

Commission (‘‘Commission’’) has 

determined that there is no violation of 

section 337 in the above-captioned 

investigation, reversing the 

administrative law judge’s (‘‘ALJ’’) final 

initial determination (‘‘ID’’) in this 

investigation on review. The 

Commission has determined to grant in 

part complainant’s motion to strike 

waived arguments and new evidence. 

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 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, telephone 

(202) 205–1810. 

SUPPLEMENTARY INFORMATION: On 

January 31, 2022, the Commission 

instituted this investigation based on a 

complaint filed by Brita LP (‘‘Brita’’) of 

Neuchatel NE, Switzerland. 87 FR 4913 

(Jan. 31, 2022). The complaint, as 

supplemented, alleged violations of 

section 337 of the Tariff Act of 1930, as 

amended, 19 U.S.C. 1337, based upon 

the importation into the United States, 

the sale for importation, and the sale 

within the United States after 

importation of certain high-performance 

gravity-fed water filters and products 

containing the same by reason of 

infringement of claims 1–6, 20, 21, 23, 

and 24 of U.S. Patent No. 8,167,141 

(‘‘the ’141 patent’’). Id. The 

Commission’s notice of investigation 

named nine respondents: Mavea LLC of 

West Linn, Oregon and Brita GmbH of 

Taunusstein, Switzerland (collectively, 

‘‘the Mavea Respondents’’); Ecolife 

Technologies, Inc. of City of Industry, 

California and Qingdao Ecopure Filter 

Co., Ltd. of Shandong Province, China 

(collectively, ‘‘the Aqua Crest 

Respondents’’); Kaz USA, Inc. and 

Helen of Troy Limited, both of El Paso, 

Texas (collectively, ‘‘PUR 

Respondents’’); Zero Technologies, LLC 

of Trevose, Pennsylvania; Culligan 

International Co. of Rosemont, Illinois 

(collectively, ‘‘ZeroWater 

Respondents’’); and Vestergaard 

Frandsen Inc. of Baltimore, Maryland 

(‘‘LifeStraw’’). Id. The Office of Unfair 

Import Investigations is not 

participating in this investigation. Id. 

On May 3, 2022, the ALJ issued an ID 

granting a motion to terminate the 

investigation as to the Mavea 

Respondents based upon settlement. 

Order No. 13 (May 3, 2022), unreviewed 

by Comm’n Notice (May 24, 2022). 

On June 1, 2022, the ALJ issued an ID 

granting a motion to terminate the 

investigation as to claims 20, 21, and 24 

of the ’141 patent based upon 

withdrawal of the allegations in the 

complaint as to these claims. Order No. 

19 (June 1, 2022), unreviewed by 

Comm’n Notice (June 21, 2022). 

On June 2, 2022, the ALJ held a 

Markman hearing. The ALJ issued a 

Markman Order construing the claim 

terms in dispute on July 20, 2022. Order 

No. 30 (July 20, 2022). 

On September 22, 2022, the ALJ 

issued an ID granting a motion to 

terminate the investigation as to the 

Aqua Crest Respondents based upon 

withdrawal of the allegations in the 

complaint as to these respondents. 

Order No. 43 (Sept. 22, 2022), 

unreviewed by Comm’n Notice (Oct. 11, 

2022). 

The ALJ held an evidentiary hearing 

from August 17–19, August 22–23, and 

October 13, 2022, and received posthearing briefs thereafter. 

On February 28, 2023, the ALJ issued 

the final ID finding a violation of section 

337. The ID found that ‘‘because of 

importation stipulations of all Accused 

Products,’’ the importation requirement 

under 19 U.S.C. 1337(a)(1)(B) is 

satisfied. ID at 12–13. The ID also found 

that Brita successfully proved that all of 

the Accused Products infringe the 


lotter on DSK11XQN23PROD with NOTICES1
66054 Federal Register / Vol. 88, No. 185 / Tuesday, September 26, 2023 / Notices 

asserted claims of the ’141 patent 

(claims 1–6 and 23). Id. at 69–105. The 

ID further found that Respondents failed 

to show by clear and convincing 

evidence that the asserted claims are 

invalid for lack of written description 

(Id. at 169–204), enablement (Id. at 205– 

250), anticipation (Id. at 153–169), or for 

reciting ineligible subject matter under 

35 U.S.C. 101 (Id. at 250–269). Finally, 

the ID found that Brita proved the 

existence of a domestic industry that 

practices the ’141 patent as required by 

19 U.S.C. 1337(a)(2). Id. at 105–117, 

269–285. 

The ID included the ALJ’s 

recommended determination on remedy 

and bonding (‘‘RD’’). The RD 

recommended, should the Commission 

find a violation, issuance of a limited 

exclusion order against all respondents 

and cease and desist orders against the 

PUR Respondents and LifeStraw. ID/RD 

at 258–291. The RD also recommended 

imposing a bond in the amount of one 

hundred percent (100%) of entered 

value for PUR’s and ZeroWater’s 

infringing products imported during the 

period of Presidential review and $6 per 

unit for infringing LifeStraw products 

imported during the period of 

Presidential review. Id. at 291–295. 

On March 13, 2023, Respondents and 

Brita filed respective petitions for 

review of the ID. On March 21, 2023, the 

parties filed responses to the petitions. 

On May 24, 2023, Respondents moved 

for leave to file a notice of supplemental 

authority regarding their petition for 

review. Specifically, Respondents 

sought to submit the recent U.S. 

Supreme Court decision in Amgen Inc. 

v. Sanofi, No. 21–757 (May 18, 2023), as 

being directly relevant to the lack of 

enablement of the asserted. On June 28, 

2023, the Commission issued a Notice 

granting the motion. 88 FR 42951 (July 

5, 2023). 

In its Notice on June 28, 2023, the 

Commission also determined to review 

the final ID in part. Id. at 42950–53. 

Specifically, the Commission 

determined to review the following 

findings: (1) construction of the claim 

term ‘‘filter usage lifetime claimed by a 

manufacturer or seller of the filter,’’ (2) 

written description, (3) enablement, (4) 

section 101, (5) anticipation, and (6) the 

economic prong of the domestic 

industry requirement. The Commission 

requested the parties to brief certain 

issues under review and to brief the 

issues of remedy, the public interest, 

and bonding. Id. 

On July 14, 2023, the parties filed 

initial submissions in response to the 

Commission’s request for briefing. On 

July 21, 2023, the parties filed reply 

submissions. The parties also filed a 

number of motions and oppositions, 

which we address below. 

On July 24, 2023, Complainant Brita 

filed a motion to strike waived 

arguments and new evidence in 

Respondents’ Reply in Response to the 

Commission Notice of Review. On 

August 3, 2023, Respondents filed an 

opposition to the motion. On August 8, 

2023, Brita moved for leave under 

Commission Rule 210.15(c) to file a 

reply to Respondents’ opposition. On 

August 18, 2023, Respondents filed an 

opposition to Brita’s motion. The 

Commission has determined to grant in 

part Brita’s motion as it pertains to 

introducing new dictionary definitions 

for ‘‘validate’’ and ‘‘claim’’ for being 

waived. The Commission has 

determined to otherwise deny the 

motion. The Commission has further 

determined to deny Brita’s motion for 

leave to file a reply to Respondents’ 

opposition as unnecessary. 

Upon review of the parties’ 

submissions, the ID, and evidence of 

record, the Commission has determined 

that Brita has failed to show that 

Respondents violated section 337 by 

reason of the importation and sale of 

articles that infringe asserted claims 1– 

6 and 23 of the ’141 patent. Specifically, 

on review, the Commission has 

determined to (1) vacate the ID’s 

construction of the claim term ‘‘filter 

usage lifetime claimed by a 

manufacturer or seller of the filter’’ and 

finds the claim limitation indefinite, (2) 

reverse the ID’s finding that the asserted 

claims are not invalid for lack of written 

description, (3) reverse the ID’s findings 

that the asserted claims are enabled, (4) 

take no position on the ID’s section 101 

analysis and findings, (5) take no 

position on the ID’s anticipation 

analysis and findings, and (6) take no 

position on the ID’s findings on the 

economic prong of the domestic 

industry requirement. The 

Commission’s reasoning is set forth in 

its opinion issued herewith. 

The investigation is hereby 

terminated with a finding of no 

violation of section 337. 

The Commission vote for this 

determination took place on September 

19, 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: September 19, 2023. 

Katherine Hiner, 

Supervisory Attorney. 

[FR Doc. 2023–20815 Filed 9–25–23; 8:45 am] 

BILLING CODE 7020–02–P 

INTERNATIONAL TRADE 

COMMISSION 

Notice of Receipt of Complaint; 

Solicitation of Comments Relating to 

the Public Interest 

AGENCY: U.S. International Trade 

Commission. 

ACTION: Notice. 

SUMMARY: Notice is hereby given that 

the U.S. International Trade 

Commission has received a complaint 

Certain Smart Ceiling Fans, 

Components Thereof, and Associated 

Systems and Software, DN 3694; the 

Commission is soliciting comments on 

any public interest issues raised by the 

complaint or complainant’s filing 

pursuant to the Commission’s Rules of 

Practice and Procedure. 

FOR FURTHER INFORMATION CONTACT: Lisa 

R. Barton, Secretary to the Commission, 

U.S. International Trade Commission, 

500 E Street SW, Washington, DC 

20436, telephone (202) 205–2000. The 

public version of the complaint can be 

accessed on the Commission’s 

Electronic Document Information 

System (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 United 

States International Trade Commission 

(USITC) at https://www.usitc.gov. The 

public record for this investigation may 

be viewed on the Commission’s 

Electronic Document Information 

System (EDIS) at https://edis.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 has received a complaint 

and a submission pursuant to § 210.8(b) 

of the Commission’s Rules of Practice 

and Procedure filed on behalf of Wangs 

Alliance Corporation d/b/a WAC 

Lighting on September 20, 2023. The 

complaint alleges violations of section 

337 of the Tariff Act of 1930 (19 U.S.C. 

1337) in the importation into the United 

States, the sale for importation, and the 

sale within the United States after 

importation of certain smart ceiling 

fans, components thereof, and 

associated systems and software. The 


lotter on DSK11XQN23PROD with NOTICES1