[Federal Register Volume 83, Number 140 (Friday, July 20, 2018)]
[Notices]
[Pages 34614-34615]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-15541]


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 INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1123]


Certain Carburetors and Products Containing Such Carburetors 
Institution of Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on June 14, 2018, under section 337 
of the Tariff Act of 1930, as amended, on behalf of Walbro, LLC of 
Tucson, Arizona. A supplement to the complaint was filed on June 22, 
2018. The complaint, as supplemented, alleges violations of section 337 
based upon the importation into the United States, the sale for 
importation, and the sale within the United States after importation of 
certain carburetors and products containing such carburetors by reason 
of infringement of certain claims of U.S. Patent No. 6,394,424 (``the 
'424 patent''); U.S. Patent No. 6,439,547 (``the '547 patent''); U.S. 
Patent No. 6,533,254 (``the '254 patent''); U.S. Patent No. 6,540,212 
(``the '212 patent''); and U.S. Patent No. 7,070,173 (``the '173 
patent''). The complaint further alleges that an industry in the United 
States exists as required by the applicable Federal Statute.
    The complainant requests that the Commission institute an 
investigation and, after the investigation, issue a general or limited 
exclusion order, in the alternative a limited exclusion order, and 
cease and desist orders.

ADDRESSES: The complaint, except for any confidential information 
contained therein, is available for inspection during official business 
hours (8:45 a.m. to 5:15 p.m.) in the Office of the Secretary, U.S. 
International Trade Commission, 500 E Street SW, Room 112, Washington, 
DC 20436, telephone (202) 205-2000. Hearing impaired individuals are 
advised that information on this matter can be obtained 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 at https://www.usitc.gov. The 
public record for this investigation may be viewed on the Commission's 
electronic docket (EDIS) at https://edis.usitc.gov.

FOR FURTHER INFORMATION CONTACT: Pathenia M. Proctor, The Office of 
Unfair Import Investigations, U.S. International Trade Commission, 
telephone (202) 205-2560.

SUPPLEMENTARY INFORMATION: 
    Authority: The authority for institution of this investigation is 
contained in section 337 of the Tariff Act of 1930, as amended, 19 
U.S.C. 1337, and in section 210.10 of the Commission's Rules of 
Practice and Procedure, 19 CFR 210.10 (2018).
    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on July 16, 2018, ordered that--
    (1) Pursuant to subsection (b) of section 337 of the Tariff Act of 
1930, as amended, an investigation be instituted to determine whether 
there is a violation of subsection (a)(1)(B) of section 337 in the 
importation into the United States, the sale for importation, or the 
sale within the United States after importation of products identified 
in paragraph (2) by reason of infringement of one or more of claims 1, 
2, 16, 18, and 19 of the '424 patent; claims 1 and 18 of the '547 
patent; claims 1-7, 12, and 13 of the '254 patent; claims 12, 14, 15, 
and 18 of the '212 patent; and claims 54-57, 60, and 62-65 of the '173 
patent; and whether an industry in the United States exists as required 
by subsection (a)(2) of section 337.
    (2) Pursuant to section 210.10(b)(1) of the Commission's Rules of 
Practice and Procedure, 19 CFR 210.10(b)(1), the plain language 
description of the accused products or category of accused products, 
which defines the scope of the investigation, is ``handheld carburetors 
for small or utility gasoline engines that are used in chainsaws, leaf 
blowers, backpack blowers, trimmers, lawn trimmers, string trimmers, 
line trimmers, weed whackers, hedge trimmers, pole hedge trimmers, 
backpack hedge trimmers, earth augers, power augers, hole diggers, post 
hole diggers, ice augers, cultivators, mini-tillers, water pumps, 
electricity generators, inverter generators, mini dirt bikes, mini-
bikes, pocket bikes, pit bikes, transfer pumps, brush cutters, clearing 
saws, pole saws, pole pruners, pruning saw, hammer drills, rotary 
hammers, sprayers, backpack sprayers, misters, backpack misters, post 
drivers, piling drivers, post pounders, multi-tools, engine powered 
drill, fogging machine, insect fogger, orchard fogger, mosquito fogger, 
mist blower, gasoline powered atomizer, duster, backpack duster, 
pressure washer, demolition saws, power cutters, cut off saw, cut-off 
saw, disc cutter, circular saw, concrete

[[Page 34615]]

saw, masonry saw, reciprocating saw, jack hammer, jackhammer, concrete 
breaker, drill punch, lawn edger, edger, bed redefiner, snow blower, 
snow broom, snow sweeper, power broom, powerbroom, shredder-vac, 
shredder vac, leaf shredder vacuum, leaf vacuum, leaf mulcher, mulching 
vacuum, planting auger, scooter, motorized skateboard, moped, go kart, 
outboard motor, wheeled line trimmer, vibratory concrete screed, 
compactor, core drill, soil sampler, earth drill, winch, capstan winch, 
motorized bicycle, bicycle engine conversion kit, Bike engine kit, 
bicycle engine kit, friction drive motor kit, aftermarket replacement 
engines, and aftermarket replacement carburetors.''
    (3) For the purpose of the investigation so instituted, the 
following are hereby named as parties upon which this notice of 
investigation shall be served:
    (a) The complainant is: Walbro, LLC, 2015 W. River Road #202, 
Tucson, AZ 85704.
    (b) The respondents are the following entities alleged to be in 
violation of section 337, and are the parties upon which the complaint 
is to be served:

Ruixing Carburetor, Manufacturing Co., Ltd., Zhejiang, Zhejiang Ruian 
City and Auto Parts Industrial, Bas North Fengdu Five Road, No. 168, 
China
Huayi Carburetor Factory, B210-5, Wuhuan Building, Yuan Jigang, 
Chongqinq China
Tillotson, Clash Industrial Estate, Tralee, Co. Kerry, Ireland
Fujian Hualong Carburetor Co., Ltd., Fuding City Yongsan Industrial 
Zone 99, China
Fuding Guangda General, Machinery Co., Ltd., Tietang Industrial 
District, Fuding City, Fujian Province, 355200 China
Wuyi Henghai Tools Co., Ltd., Baihuashan Industrial Zone, Wuyi 321200, 
Jinhua, Zhejiang, China
Fuding Youyi Trade Co., Ltd., No. 176, Yuhu Community, Taimushan Town, 
Fuding, Ningde, Fujian, 355203 China
Amazon.com, Inc., 410 Terry Ave. N, Seattle, Washington 98109-5210
Amerisun Inc., 1141 Bryn Mawr Ave., Itasca, Illinois 60143
Ardisam, Inc., 2260 8th Ave., Cumberland, Wisconsin 54829
Buffalo Corporation, 950 Hoff Rd., O'Fallon, Missouri 63366
Cabela's Incorporated, One Cabela Dr., Sidney, Nebraska 69160
Champion Power Equipment, Inc., 12039 Smith Ave., Santa Fe Springs, 
California 90670
Feldmann Eng. & Mfg. Co., Ltd., 520 Forest Ave., Sheboygan Falls, 
Wisconsin 53085
FNA Group, Inc., 7152 99th St., Pleasant Prairie, Wisconsin 53185
Frictionless World, LLC, 1100 W. 120th Ave, Suite 600, Denver, Colorado 
80234
Generac Power Systems, Inc., S45W29290 Highway 59, Waukesha, Wisconsin 
53189
Husqvarna Professional Products, Inc., 9335 Harris Corners Parkway, 
Suite 500, Charlotte, North Carolina 29269
Imperial Industrial Supply Co., d/b/a DuroMax Power Equipment, 5800 
Ontario Mills Parkway, Ontario, California 91764
Kmart Corporation, 3333 Beverly Rd., Hoffman Estates, Illinois 60179
Lowe's Companies, Inc., 1000 Lowes Boulevard, Mooresville, North 
Carolina 28117
MAT Industries, LLC, 6700 Wildlife Way, Lake Zurich, Illinois 60047
Menards, Inc., 4777 Menard Dr., Eau Claire, Wisconsin 54703
MTD Products Inc., 5965 Grafton Rd., Valley City, Ohio 44280
North American Tool Industries, 78 Commercial Rd., Huntington, Indiana 
48750
Northern Tool & Equipment Co., Inc., 2800 Southcross Dr. W., 
Burnsville, Minnesota 55306
QV Tools LLC, 2731 Crimson Canyon Dr., Las Vegas, Nevada 89128
Sears, Roebuck and Co., 3333 Beverly Rd., Hoffman Estates, Illinois 
60179
Target Corporation, 1000 Nicollet Mall, Minneapolis, Minnesota 55403
Techtronics Industries Co. Ltd of Hong Kong d/b/a Techtronic Industries 
Power Equipment, 29/F, Tower 2, Kowloon Commerce Centre, 51 Kwai Cheong 
Rd., Kwai Chung, New Territories, Hong Kong
The Home Depot, Inc., 2455 Paces Ferry Rd NW, Atlanta, Georgia 30339
Thunderbay Products, 115 N. Prentice St., Clayton, Wisconsin 54004
Tool Tuff Direct LLC, 15000 W. 44th Ave., Suite B, Golden, Colorado 
80403
Tractor Supply Company, 5401 Virginia Way, Brentwood, Tennessee 37027
Walmart Inc., 703 SW 8th St., Bentonville, Arkansas 72716

    (c) The Office of Unfair Import Investigations, U.S. International 
Trade Commission, 500 E Street SW, Suite 401, Washington, DC 20436; and
    (4) For the investigation so instituted, the Chief Administrative 
Law Judge, U.S. International Trade Commission, shall designate the 
presiding Administrative Law Judge.
    Responses to the complaint and the notice of investigation must be 
submitted by the named respondents in accordance with section 210.13 of 
the Commission's Rules of Practice and Procedure, 19 CFR 210.13. 
Pursuant to 19 CFR 201.16(e) and 210.13(a), such responses will be 
considered by the Commission if received not later than 20 days after 
the date of service by the Commission of the complaint and the notice 
of investigation. Extensions of time for submitting responses to the 
complaint and the notice of investigation will not be granted unless 
good cause therefor is shown.
    Failure of a respondent to file a timely response to each 
allegation in the complaint and in this notice may be deemed to 
constitute a waiver of the right to appear and contest the allegations 
of the complaint and this notice, and to authorize the administrative 
law judge and the Commission, without further notice to the respondent, 
to find the facts to be as alleged in the complaint and this notice and 
to enter an initial determination and a final determination containing 
such findings, and may result in the issuance of an exclusion order or 
a cease and desist order or both directed against the respondent.

    By order of the Commission.

    Issued: July 17, 2018.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2018-15541 Filed 7-19-18; 8:45 am]
 BILLING CODE 7020-02-P