88654 Federal Register / Vol. 88, No. 245 / Friday, December 22, 2023 / Notices 

Paul Radin, who reported collecting the 

item in Black River Falls, Wisconsin 

and indicated that it was formerly the 

property of Ho-Chunk/Winnebago Chief 

Spoon Decorah. The Decorah War Club/ 

Prophet Stick was purchased from Dr. 

Paul Radin at the same time as the 

Decorah War Bundle, which was 

repatriated by the State Historical 

Society of Wisconsin to the Ho-Chunk 

Nation of Wisconsin in 2012. The 

Decorah name has been spelled various 

ways throughout history, including 

DeCarrie, Dekorah, Decorah, Decora, 

DeKaury. 

The Decorah War Club/Prophet Stick 

is a curved wooden item with one ‘‘leg’’ 

longer than the other and a raised 

circular knob at the junction of these 

legs. The War Club/Prophet Stick has 

numerous carvings including a column 

of pictographs. There is a metal blade 

attached to the top of the Prophet Stick, 

which was added by former State 

Historical Society of Wisconsin Curator 

David Wooley. 

According to Christian Feest’s 

research of prophet sticks in ‘‘The 

Prophet Stick: Detective Stories from the 

Museum World’’ article in Journal Fu ̈ nf 

Kontinente, vol. 3, pp. 96–151, these 

prophet sticks were often physically 

part of bundles or cared for by war 

bundle caretakers and were clan-owned 

and inalienable to an individual. 

Cultural knowledge shared through 

consultation confirmed that these items 

were often part of bundles, which were 

clan-owned, and should be cared for by 

the current bundle keeper. The Decorah 

War Club/Prophet Stick is affiliated 

with the Ho-Chunk/Winnebago people, 

who are now the Ho-Chunk Nation of 

Wisconsin and the Winnebago Tribe of 

Nebraska. 

Through consultation with the HoChunk Nation of Wisconsin and the 

Winnebago Tribe of Nebraska, it was 

confirmed that the Decorah War Club/ 

Prophet Stick is an object of cultural 

patrimony inalienable from the HoChunk and Winnebago peoples and 

needs to be reunited with the Decorah 

War Bundle. Those involved in 

consultation determined that the 

Decorah War Club/Prophet Stick should 

be returned to the Ho-Chunk Nation of 

Wisconsin. 

Cultural Affiliation 

The cultural item in this notice is 

connected to one or more identifiable 

earlier groups, tribes, peoples, or 

cultures. There is a relationship of 

shared group identity between the 

identifiable earlier groups, tribes, 

peoples, or cultures and one or more 

Indian Tribes or Native Hawaiian 

organizations. The following types of 

information were used to reasonably 

trace the relationship: anthropological 

information, folklore, geographical 

information, historical information, 

kinship, oral tradition, and expert 

opinion. 

Determinations 

Pursuant to NAGPRA and its 

implementing regulations, and after 

consultation with the appropriate 

Indian Tribes and Native Hawaiian 

organizations, the State Historical 

Society of Wisconsin has determined 

that: 

• The one cultural item described 

above has ongoing historical, 

traditional, or cultural importance 

central to the Native American group or 

culture itself, rather than property 

owned by an individual. 

• There is a relationship of shared 

group identity that can be reasonably 

traced between the cultural items and 

the Ho-Chunk Nation of Wisconsin and 

the Winnebago Tribe of Nebraska. 

Requests for Repatriation 

Additional, written requests for 

repatriation of the cultural item in this 

notice must be sent to the Responsible 

Official identified in ADDRESSES. 

Requests for repatriation may be 

submitted by any lineal descendant, 

Indian Tribe, or Native Hawaiian 

organization not identified in this notice 

who shows, by a preponderance of the 

evidence, that the requestor is a lineal 

descendant or a culturally affiliated 

Indian Tribe or Native Hawaiian 

organization. 

Repatriation of the cultural item in 

this notice to a requestor may occur on 

or after January 22, 2024. If competing 

requests for repatriation are received, 

the State Historical Society of 

Wisconsin must determine the most 

appropriate requestor prior to 

repatriation. Requests for joint 

repatriation of the cultural item are 

considered a single request and not 

competing requests. The State Historical 

Society of Wisconsin is responsible for 

sending a copy of this notice to the 

Indian Tribes and Native Hawaiian 

organizations identified in this notice. 

Authority: Native American Graves 

Protection and Repatriation Act, 25 

U.S.C. 3003, and the implementing 

regulations, 43 CFR 10.8, 10.10, and 

10.14. 

Dated: December 13, 2023. 

Melanie O’Brien, 

Manager, National NAGPRA Program. 

[FR Doc. 2023–28178 Filed 12–21–23; 8:45 am] 

BILLING CODE 4312–52–P 

INTERNATIONAL TRADE 

COMMISSION 

[Investigation No. 337–TA–1304] 

Certain Wet Dry Surface Cleaning 

Devices; Notice of Final Determination 

Finding a Violation of Section 337; 

Issuance of Limited Exclusion Order, 

Cease and Desist Order, and Bond; 

Termination of Investigation 

AGENCY: U.S. International Trade 

Commission. 

ACTION: Notice. 

SUMMARY: Notice is hereby given that 

the U.S. International Trade 

Commission (‘‘Commission’’) has 

determined that the respondents have 

violated section 337 of the Tariff Act of 

1930, as amended, by importing, selling 

for importation, or selling in the United 

States after importation certain wet dry 

surface cleaning devices that infringe 

one or more asserted claims of U.S. 

Patent Nos. 11,076,735 (‘‘the ’735 

patent’’) and 11,071,428 (‘‘the ’428 

patent’’). The Commission has 

determined there is no violation of 

section 337 with respect to U.S. Patent 

Nos. 11,122,949 (‘‘the ’949 patent’’), 

10,820,769 (‘‘the ’769 patent’’), and 

11,096,541 (‘‘the ’541 patent’’). Upon 

consideration of the statutory public 

interest factors, the Commission has 

determined that the appropriate 

remedies are a limited exclusion order 

and cease and desist orders against the 

named respondents. The Commission 

has also determined to set a bond in the 

amount of $99.01 per covered iFloor 3 

product, $99.01 per covered Floor One 

S3 product, and $0 per any other 

covered product imported during the 

60-day period of Presidential review. 

This investigation is hereby terminated. 

FOR FURTHER INFORMATION CONTACT: Carl 

P. Bretscher, Esq., Office of the General 

Counsel, U.S. International Trade 

Commission, 500 E Street SW, 

Washington, DC 20436, telephone (202) 

205–2382. 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: On March 

9, 2022, the Commission instituted this 


ddrumheller on DSK120RN23PROD with NOTICES1
Federal Register / Vol. 88, No. 245 / Friday, December 22, 2023 / Notices 88655 

investigation under section 337 of the 

Tariff Act of 1930, as amended, 19 

U.S.C. 1337 (‘‘section 337’’), based on a 

complaint filed by Bissell Inc. and 

Bissell Homecare, Inc., both of Grand 

Rapids, Michigan (collectively, 

‘‘Complainants’’ or ‘‘Bissell’’). See 87 FR 

13311–12 (March 9, 2022). 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 wet dry surface cleaning devices 

by reason of infringement of certain 

claims of the ’735 patent, the ’428 

patent, the ’949 patent, the ’541 patent, 

and the ’769 patent. Id. The complaint 

further alleges that a domestic industry 

(‘‘DI’’) exists. Id. The notice of 

investigation names as respondents 

Tineco Intelligent Technology Co., Ltd. 

of Suzhou City, China; TEK (Hong 

Kong) Science & Technology Ltd. of 

Hong Kong, China; and Tineco 

Intelligent, Inc. of Seattle, Washington 

(collectively, ‘‘Respondents’’). Id. The 

Office of Unfair Import Investigations is 

not participating in this investigation. 

On March 24, 2023, the Chief 

Administrative Law Judge (‘‘CALJ’’) 

issued a final initial determination 

(‘‘FID’’), finding that a violation of 

section 337 has occurred in the 

importation into the United States, the 

sale for importation, or the sale within 

the United States after importation, of 

certain wet dry surface cleaning devices 

that infringe one or more of claims 1, 13, 

and 15 of the ’735 patent or claim 1 of 

the ’428 patent. The FID further finds no 

violation of section 337 with respect to 

the asserted claims of the ’949 patent, 

the ’769 patent, and the ’541 patent. On 

April 7, 2023, the CALJ issued a 

recommended determination (‘‘RD’’) on 

remedy and bond recommending that 

the Commission issue a limited 

exclusion order and cease and desist 

orders if a violation is found. The RD 

further recommends setting a bond of 

$49.01 per covered iFloor 3 product, 

$99.01 per covered Floor One S3 

product, and $0 per any other infringing 

accused product imported during the 

period of Presidential review. 

On April 7, 2023, Complainants filed 

a combined petition and contingent 

petition requesting review of the FID’s 

findings of non-infringement as to the 

’949, ’541, and ’769 patents, that 

Complainants failed to satisfy the 

technical prong for the ’541 patent, that 

certain redesigned accused products do 

not infringe the ’735 and ’428 patents, 

and waiver of Complainants’ 

infringement argument as to the ’428 

patent. Complainants also sought 

contingent review of certain economic 

prong findings. That same day, 

Respondents filed a combined petition 

and contingent petition requesting 

review of the FID’s findings that the 

original accused products infringe the 

’735 and ’428 patents, that the asserted 

claims of the ’735 and ’428 patents are 

not invalid, that Complainants satisfied 

the technical prong of the domestic 

industry requirement as to the ’735 and 

’428 patents, and that Complainants 

satisfied the economic prong of the DI 

requirement for all of the asserted 

patents. Respondents also sought 

contingent review of the FID’s findings 

that the asserted claims of the ’949, ’541, 

and ’769 patents are not invalid for 

obviousness. On April 17, 2023, 

Complainants and Respondents filed 

their respective responses to the 

petitions for review. 

On April 10, 2023, the Commission 

issued a notice requesting submissions 

from non-parties on the public interest. 

See 88 FR 22479–80 (April 13, 2023). 

On May 8, 2023, Representative Hillary 

J. Scholten submitted a response to the 

Commission’s notice seeking public 

interest submissions. EDIS Doc. ID 

795898 (May 8, 2023). On May 9, 2023, 

Bissell filed a submission on the public 

interest, pursuant to Commission Rule 

210.50(a)(4). See 19 CFR 210.50(a)(4). 

On August 1, 2023, the Commission 

determined to review the FID in part. 

See 88 FR 52208–09 (Aug. 7, 2023). 

Specifically, the Commission reviewed 

the FID’s findings that: (1) Respondents 

do not infringe the ’949, ’541, and ’769 

patents; (2) Complainants did not satisfy 

the technical prong of the domestic 

industry requirement for the ’541 

patent; (3) the asserted claims of the 

’735 and ’428 patents are not invalid; 

and (4) Complainants satisfied the 

economic prong of the domestic 

industry requirement under subsections 

337(a)(3)(B) and (C). Id. at 52208. The 

Commission determined not to review, 

and thus adopted, the FID’s other 

findings. Id. The Commission requested 

briefing on remedy, the public interest, 

and bonding, but it did not request 

additional briefing on the violation 

issues listed above. Id. at 52208–09. 

On August 15, 2023, Complainants 

and Respondents filed their respective 

responses to the Commission’s request 

for briefing on remedy, bond, and the 

public interest. On August 22, 2023, 

Complainants and Respondents filed 

their replies to each other’s responses. 

Having reviewed the record in this 

investigation, including the final ID and 

the parties’ petitions and responses 

thereto, the Commission has determined 

that Respondents have violated section 

337 by importing into the United States, 

selling for importation, or selling in the 

United States after importation certain 

wet dry surface cleaning devices that 

infringe one or more of claims 1, 13, and 

15 of the ’735 patent or claim 1 of the 

’428 patent. The Commission finds no 

violation with respect to the ’949 patent, 

the ’541 patent, or the ’769 patent. 

Upon consideration of the RD, and the 

parties’ and third party’s submissions 

on remedy, bonding and the public 

interest, the Commission has 

determined that the appropriate remedy 

is: (i) a limited exclusion order 

prohibiting Respondents from importing 

wet dry surface cleaning devices that 

infringe one or more of claims 1, 13, and 

15 of the ’735 patent or claim 1 of the 

’428 patent; and (ii) a cease and desist 

order against each Respondent. The 

Commission has determined to set a 

bond in the amount of $99.01 per 

covered iFloor 3 product, $99.01 per 

covered Floor One S3 product, and $0 

per any other covered product imported 

during the 60-day period of Presidential 

review (see 19 U.S.C. 1337(j)(3)). The 

Commission has determined that the 

public interest factors do not preclude 

issuance of a remedy. 

The Commission issues its opinion 

herewith setting forth its determinations 

on certain issues. This investigation is 

hereby terminated. 

The Commission’s orders and opinion 

were delivered to the President and 

United States Trade Representative on 

the day of their issuance. 

The Commission voted to approve 

these determinations on December 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: December 18, 2023. 

Sharon Bellamy, 

Supervisory Hearings and Information 

Officer. 

[FR Doc. 2023–28229 Filed 12–21–23; 8:45 am] 

BILLING CODE 7020–02–P 

DEPARTMENT OF JUSTICE 

Bureau of Alcohol, Tobacco, Firearms, 

and Explosives 

[Docket No. 2023N–01] 

Commerce in Explosives; 2023 Annual 

List of Explosive Materials 

AGENCY: Bureau of Alcohol, Tobacco, 

Firearms, and Explosives (ATF); 

Department of Justice. 


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