[Federal Register Volume 82, Number 248 (Thursday, December 28, 2017)]
[Notices]
[Pages 61587-61588]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-27956]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1033]


Certain Arrowheads With Arcuate Blades and Components Thereof; 
Notice of Commission Decision Not To Review an Initial Determination 
Granting Complainant's Motion for Summary Determination of a Violation 
of Section 337; Request for Submissions

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 not to review an initial determination 
(``ID'') (Order No. 9) of the presiding administrative law judge 
(``ALJ'') granting complainant's motion for summary determination of a 
violation of section 337. The Commission also requests written 
submissions regarding remedy, bonding, and the public interest.

FOR FURTHER INFORMATION CONTACT: Clint Gerdine, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone (202) 708-2310. Copies of non-
confidential documents filed in connection with this investigation are 
or will be 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, Washington, DC 20436, 
telephone (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. 
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 instituted this investigation 
on January 6, 2017, based on a complaint filed on behalf of Flying 
Arrow Archery, LLC of Belgrade, Montana. 82 FR 1760-61. The complaint, 
as supplemented, alleges violations of section 337 of the Tariff Act of 
1930, as amended, 19 U.S.C. 1337, by reason of infringement of certain 
claims of U.S. Patent Nos. 8,920,269; D713,919; and D729,336. The 
complaint further alleges that a domestic industry exists. The 
Commission's notice of investigation named the following respondents: 
Arthur Sifuentes of Spring, Texas; Liu Mengbao and Zhou Yang, both of 
Guangdong, China; Jiangfeng Mao of Jiangsu, China; Sandum Precision 
Industry (China) Co., Ltd. (In-Sail) of Guangdong Province, China 
(collectively, ``the remaining respondents''); Wei Ran, Dongguan 
Hongsong, and Wanyuxue, all of Guangdong, China; and Yandong of Henan, 
China (collectively, ``the terminated respondents''). The Office of 
Unfair Import Investigations (``OUII'') is also a party to the 
investigation.
    On April 28, 2017, the Commission issued notice of its 
determination not to review the ALJ's ID (Order No. 7) terminating the 
investigation as to the terminated respondents based on withdrawal of 
the infringement allegations in the complaint. In the same notice, the 
Commission issued notice of its determination not to review the ALJ's 
ID (Order No. 6) finding the remaining respondents in default (``the 
defaulting respondents'').

[[Page 61588]]

    Because a general exclusion order is sought, complainant is 
required to establish that a violation of section 337 has occurred by 
substantial, reliable, and probative evidence pursuant to Commission 
Rule 210.16(c)(2). On August 15, 2017, complainant filed a motion for 
summary determination of a violation of section 337 pursuant to 
Commission Rule 210.16(c)(2) to support its request for entry of a 
general exclusion order with respect to all asserted patents. OUII 
filed a response in support of the motion.
    The ALJ issued the subject ID on November 8, 2017, granting 
complainant's motion for summary determination. The ALJ found that all 
defaulting respondents met the importation requirement and that 
complainants satisfied the domestic industry requirement. See 19 U.S.C. 
1337(a)(1)(B), (a)(2). The ID finds that a violation of section 337 has 
occurred based on its finding that each of the defaulting respondents' 
accused products infringe one or more of the asserted claims of the 
patents at issue as established by substantial, reliable, and probative 
evidence in accordance with Commission Rule 210.16(c)(2). No petitions 
for review were filed.
    The ID also contains the ALJ's recommended determination on remedy 
and bonding. The ALJ recommended a general exclusion order with respect 
to the asserted patents if the Commission finds a violation of section 
337.
    Having examined the record of this investigation, the Commission 
has determined not to review the subject ID.
    As noted above, five respondents were found in default. Section 
337(g) and Commission Rule 210.16(c) authorize the Commission to order 
relief against respondents found in default unless, after considering 
the public interest, it finds that such relief should not issue. Before 
the ALJ, complainant sought a general exclusion order under section 
337(g)(2).
    In connection with the final disposition of this investigation, the 
Commission may issue an order that could result in the exclusion of the 
subject articles from entry into the United States. Accordingly, the 
Commission is interested in receiving written submissions that address 
the form of remedy, if any, that should be ordered. If a party seeks 
exclusion of an article from entry into the United States for purposes 
other than entry for consumption, the party should so indicate and 
provide information establishing that activities involving other types 
of entry either are adversely affecting it or likely to do so. For 
background, see Certain Devices for Connecting Computers via Telephone 
Lines, Inv. No. 337-TA-360, USITC Pub. No. 2843, Comm'n Op. at 7-10 
(December 1994).
    If the Commission contemplates some form of remedy, it must 
consider the effects of that remedy upon the public interest. The 
factors the Commission will consider include the effect that an 
exclusion order and/or cease and desist orders would have on (1) the 
public health and welfare, (2) competitive conditions in the U.S. 
economy, (3) U.S. production of articles that are like or directly 
competitive with those that are subject to investigation, and (4) U.S. 
consumers. The Commission is therefore interested in receiving written 
submissions that address the aforementioned public interest factors in 
the context of this investigation.
    If the Commission orders some form of remedy, the U.S. Trade 
Representative, as delegated by the President, has 60 days to approve 
or disapprove the Commission's action. See Presidential Memorandum of 
July 21, 2005, 70 FR 43251 (July 26, 2005). During this period, the 
subject articles would be entitled to enter the United States under 
bond, in an amount determined by the Commission and prescribed by the 
Secretary of the Treasury. The Commission is therefore interested in 
receiving submissions concerning the amount of the bond that should be 
imposed if a remedy is ordered.
    Written Submissions: Parties to the investigation, interested 
government agencies, and any other interested parties are encouraged to 
file written submissions on the issues of remedy, the public interest, 
and bonding. Such submissions should address the recommended 
determination by the ALJ on remedy and bonding.
    Complainants and OUII are also requested to submit proposed 
remedial orders for the Commission's consideration. Complainant is also 
requested to state the dates that the patents expire, the HTSUS numbers 
under which the accused products are imported, and to supply the names 
of known importers of the products at issue in this investigation. The 
written submissions and proposed remedial orders must be filed no later 
than close of business on January 4, 2018. Reply submissions must be 
filed no later than the close of business on January 11, 2018. No 
further submissions on these issues will be permitted unless otherwise 
ordered by the Commission.
    Persons filing written submissions must file the original document 
electronically on or before the deadlines stated above and submit eight 
true paper copies to the Office of the Secretary pursuant to Section 
210.4(f) of the Commission's Rules of Practice and Procedure (19 CFR 
210.4(f)). Submissions should refer to the investigation number (``Inv. 
No. 337-TA-1033'') in a prominent place on the cover page and/or the 
first page. (See Handbook for Electronic Filing Procedures, https://www.usitc.gov/secretary/documents/handbook_on_filing_procedures.pdf). 
Persons with questions regarding filing should contact the Secretary at 
(202) 205-2000.
    Any person desiring to submit a document to the Commission in 
confidence must request confidential treatment unless the information 
has already been granted such treatment during the proceedings. All 
such requests should be directed to the Secretary of the Commission and 
must include a full statement of the reasons why the Commission should 
grant such treatment. See 19 CFR 210.6. Documents for which 
confidential treatment by the Commission is sought will be treated 
accordingly. A redacted non-confidential version of the document must 
also be filed simultaneously with any confidential filing. All 
information, including confidential business information and documents 
for which confidential treatment is properly sought, submitted to the 
Commission for purposes of this Investigation may be disclosed to and 
used: (i) By the Commission, its employees and Offices, and contract 
personnel (a) for developing or maintaining the records of this or a 
related proceeding, or (b) in internal investigations, audits, reviews, 
and evaluations relating to the programs, personnel, and operations of 
the Commission including under 5 U.S.C. Appendix 3; or (ii) by U.S. 
government employees and contract personnel,\1\ solely for 
cybersecurity purposes. All non-confidential written submissions will 
be available for public inspection at the Office of the Secretary and 
on EDIS.
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    \1\ All contract personnel will sign appropriate nondisclosure 
agreements.
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    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 21, 2017.
Katherine M. Hiner,
Supervisory Attorney.
[FR Doc. 2017-27956 Filed 12-27-17; 8:45 am]
 BILLING CODE 7020-02-P