[Federal Register Volume 88, Number 183 (Friday, September 22, 2023)]
[Notices]
[Pages 65404-65405]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-20527]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1354]


Certain Universal Golf Club Shaft and Golf Club Head Connection 
Adaptors, Certain Components Thereof, and Products Containing the Same 
(II); Notice of a Commission Determination To Issue a Limited Exclusion 
Order; 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 (``Commission'') has determined to issue a limited exclusion 
order (``LEO'') barring entry of certain universal golf club shaft and 
golf club head connection adaptors, certain components thereof, and 
products containing the same that are imported by or on behalf of 
Respondents Top Golf Equipment Co. Limited (``Top Golf''), Volf Sports 
Co. LTD, and WoFu(Shenzhen)Sports Goods Co., Ltd. (collectively, 
``Respondents'').

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 
<a href="/cdn-cgi/l/email-protection#1356575a40205b767f635366607a67703d747c65"><span class="__cf_email__" data-cfemail="6520212c36562d0009152510160c11064b020a13">[email protected]</span></a>. 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: On March 8, 2023, the Commission instituted 
this investigation based on a complaint filed by Club-Conex LLC of 
Scottsdale, Arizona (``Complainant''). 86 FR 14393 (Mar. 8, 2023). The 
complaint alleged violations of section 337 of the Tariff Act of 1930, 
as amended, 19 U.S.C. 1337, due to the importation into the United 
States, sale for importation, or sale in the United States after 
importation of certain universal golf club shaft and golf club head 
connection adaptors, certain components thereof, and products 
containing the same by reason of infringement of certain claims of U.S. 
Patent No. 11,426,638 (``the '638 patent''). Id. The complaint also 
alleged the existence of a domestic industry. Id. The notice of 
investigation named as respondents Top Golf Equipment Co. Limited, d/b/
a All-Fit Golf of Shenzhen, China; Volf Sports Co. LTD of Shenzhen, 
China; and WoFu(Shenzhen)Sports Goods Co., Ltd. of Shenzhen, China 
(collectively, ``Respondents''). Id. The Office of Unfair Import 
Investigations was not named as a party. Id.
    None of the Respondents answered the complaint and notice of 
investigation or appeared in the investigation, and on April 6, 2023, 
Complainant moved for an order directing Respondents to show cause as 
to why they should not be found in default. Complainant stated in its 
motion that it does not seek a general exclusion order. Mot. at 6 n.5. 
On April 25, 2023, the ALJ issued Order No. 6, directing Respondents to 
show cause, no later than May 10, 2023, as to why they should not be 
found in default. Order No. 6 at 2 (Apr. 25, 2023). No response to the 
show cause order was filed.
    On May 17, 2023, the ALJ issued Order No. 7, finding Respondents in 
default pursuant to 19 CFR 210.16. The Commission determined not to 
review Order No. 7 on July 13, 2023, and issued a notice requesting 
submissions on remedy, public interest, and bonding. Comm'n Notice, 88 
FR 46183 (July 19, 2023).
    On July 27, 2023, Complainant responded to the Commission's Notice 
by filing a submission on remedy, public interest, and bonding, seeking 
a limited exclusion order (``LEO'') against the Respondents and a bond 
in the amount of one hundred percent (100%) of entered value. No other 
submissions were filed.
    When the conditions in section 337(g)(1)(A)-(g)(1)(E) (19 U.S.C. 
1337(g)(1)(A)-(g)(1)(E)) have been satisfied, section 337(g)(1) and 
Commission Rule 210.16(c) (19 CFR 210.16(c)) direct the Commission, 
upon request, to issue a limited exclusion order or a cease and desist 
order or both against a respondent found in default, based on the 
allegations regarding a violation of section 337 in the Complaint, 
which are presumed to be true, unless after consideration of the public 
interest factors in section 337(g)(1), it finds that such relief should 
not issue.
    Having examined the record in this investigation, the Commission 
has determined pursuant to section 337(g)(1) and Commission Rule 
210.16(c) to issue an LEO prohibiting the unlicensed entry of certain 
universal golf club shaft and golf club head connection adapters, 
certain components thereof, and products containing the same that 
infringe one or more of claims 1, 2-5, 10, 12-13, 15, and 16-19 of the 
'638 patent that are manufactured abroad by, or on behalf of, or 
imported by or on behalf of the Respondents. The Commission has 
determined that the public interest factors enumerated in section 
337(g)(1) do not preclude the issuance of the LEO. The Commission has 
further determined that the bond during the period of Presidential 
review pursuant to section 337(j) (19 U.S.C. 1337(j)) shall be set in 
the amount of one hundred percent (100%) of the entered value of the 
imported articles that are subject to the LEO.\1\ The investigation is 
hereby terminated.
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    \1\ Commissioner Schmidtlein finds that section 337 does not 
authorize respondents subject to remedial relief under subsection 
337(g)(1) to import infringing products under bond during the 
Presidential review period for the reasons explained in Certain 
Centrifuge Utility Platform and Falling Film Evaporator Systems and 
Components Thereof, Inv. No. 337-TA-1311, Comm'n Notice at 5, n.5 
(March 23, 2023). She therefore would not permit the Respondents to 
import infringing products under bond during the Presidential review 
period.
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    While temporary remote operating procedures are in place in 
response to COVID-19, the Office of the Secretary is not able to serve 
parties that have not retained counsel or otherwise provided a point of 
contact for electronic service. Accordingly, pursuant to Commission

[[Page 65405]]

Rules 201.16(a) and 210.7(a)(1) (19 CFR 201.16(a), 210.7(a)(1)), the 
Commission orders that the Complainant(s) complete service for any 
party/parties without a method of electronic service noted on the 
attached Certificate of Service and shall file proof of service on the 
Electronic Document Information System (EDIS).
    The Commission vote for this determination took place on September 
18, 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 18, 2023.
Sharon Bellamy,
Supervisory Hearings and Information Officer.
[FR Doc. 2023-20527 Filed 9-21-23; 8:45 am]
BILLING CODE 7020-02-P


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