[Federal Register Volume 87, Number 67 (Thursday, April 7, 2022)]
[Notices]
[Pages 20459-20460]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-07354]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1195]


Certain Electronic Candle Products and Components Thereof; Notice 
of a Commission Determination To Review a Remand Initial Determination; 
Extension of the Target Date

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined to review in its entirety the remand initial 
determination (``RID'') issued on December 29, 2021, finding that 
Complainants failed to establish the economic prong of the domestic 
industry requirement in the above-referenced section 337 investigation. 
The Commission also extends the target date to June 6, 2022.

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 
<a href="/cdn-cgi/l/email-protection#5712131e04641f323b271722243e233479303821"><span class="__cf_email__" data-cfemail="793c3d302a4a311c1509390c0a100d1a571e160f">[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 April 6, 2020, the Commission instituted 
this investigation based on a complaint filed by complainants L&L 
Candle Company LLC of Brea, California and Sotera Tschetter, Inc. of 
St. Paul, Minnesota (together, ``Complainants''). 85 FR 19158-59 (Apr. 
6, 2020). The complaint 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, and the sale within the United 
States after importation of certain electronic candle products and 
components thereof by reason of infringement of certain claims of U.S. 
Patent Nos. 8,550,660; 9,366,402; 9,512,971; 9,523,471; and 10,533,718. 
Id. The notice of investigation named as respondents: The Gerson 
Company of Olathe, Kansas; Gerson International (H.K.) Ltd. of Hong 
Kong; Sterno Home Inc. of Coquitlam, Canada; Ningbo Huamao 
International Trading Co., Ltd. of Ningbo City, China; Ningbo Yinzhou 
Langsheng Artware Co., Ltd of Ningbo City, China; Lifetime Brands, Inc. 
of Garden City, New York; Scott Brothers Entertainment, Inc. of Las 
Vegas, Nevada; Nantong Ya Tai Candle Arts & Crafts Co., Ltd. of San 
Gabriel, California; NapaStyle, Inc. of Napa, California; Veraflame 
International, Inc. of Vancouver, Canada (``Veraflame''); MerchSource, 
LLC of Irvine, California; Ningbo Mascube Import Export Company of 
Ningbo City, China (``Ningbo Mascube''); Decorware International Inc. 
dba Decorware Inc. of Rancho Cucamonga, California; Shenzhen Goldenwell 
Smart Technology Co., Ltd. of Shenzhen City, China; Shenzhen Ksperway 
Technology Co., Ltd. of Shenzhen City, China; Ningbo Shanhuang Electric 
Appliance Co. of Ningbo City, China (``Ningbo Shanhuang''); Yiwu 
Shengda Art Co., Ltd. of Yiwu City, China (``Yiwu Shengda''); Shenzhen 
Tongfang Optoelectronic Technology Co., Ltd. of Shenzhen City, China; 
TFL Candles of Shenzhen City, China; Guangdong Tongfang Lighting Co., 
Ltd. of Hong Kong; Tongfang Optoelectronic Company of Hong Kong; and 
Virtual Candles Limited of Kent, United Kingdom (``Virtual Candles''). 
Id. at 19159. The Office of Unfair Import Investigations (``OUII'') was 
also named as a party to the investigation. Id.
    Of the twenty-two respondents, five were terminated based on 
consent orders, eight were terminated based on settlement agreements, 
three were terminated based on a voluntary withdrawal of the complaint 
due to an inability to serve, and one was terminated based on a summary 
determination of no importation. The Commission found the following 
five remaining respondents in default for failing to respond to the 
complaint and notice of investigation and for failing to show cause why 
they had not done so, or for failing to participate in discovery: 
Veraflame, Ningbo Mascube, Ningbo Shanhuang, Yiwu Shengda, and Virtual 
Candles (``the Defaulting Respondents'').
    On November 13, 2020, Complainants moved for a summary 
determination of violation as to the Defaulting Respondents and for a 
recommendation for the issuance of a general exclusion order. On 
December 4, 2020, OUII filed a response that questioned whether 
Complainants had satisfied the economic prong of the domestic industry 
requirement, but otherwise supported a finding of violation of section 
337 and issuing a general

[[Page 20460]]

exclusion order. On April 2, 2021, the ALJ issued an initial 
determination (``ID''), Order No. 41, granting Complainants' motion for 
summary determination of violation by each of the five Defaulting 
Respondents. Order No. 41 (Apr. 2, 2021).
    On May 19, 2021, the Commission determined on its own motion to 
review the ID's finding that Complainants satisfied the economic prong 
of the domestic industry requirement. 86 FR 28143-46 (May 25, 2021). On 
August 13, 2021, the Commission vacated the findings in the ID on the 
economic prong of the domestic industry requirement and remanded the 
investigation to the then Chief Administrative Law Judge (``ALJ'') for 
the issuance of a remand initial determination.
    On December 29, 2021, the then Chief ALJ issued the subject RID, 
finding that Complainants failed to establish the economic prong of the 
domestic industry requirement. On January 20, 2022, Complainants filed 
a petition for review of the RID. On January 28, 2022, OUII filed a 
response to Complainants' petition.
    Having examined the record of this investigation, including the 
RID, the petition for review, and the response thereto, the Commission 
has determined to review the RID in its entirety.
    The Commission does not request additional briefing from the 
parties. The target date is extended to June 6, 2022.
    The Commission vote for this determination took place on April 1, 
2022.
    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: April 1, 2022.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2022-07354 Filed 4-6-22; 8:45 am]
BILLING CODE 7020-02-P


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