[Federal Register Volume 87, Number 92 (Thursday, May 12, 2022)]
[Notices]
[Pages 29177-29178]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-10196]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1256]


Notice of Request for Submissions on the Public Interest; Certain 
Portable Battery Jump Starters and Components Thereof

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that on April 29, 2022, the presiding 
administrative law judge (``ALJ'') issued an Initial Determination on 
Violation of Section 337. The ALJ also issued a Recommended 
Determination on remedy and bonding should a violation be found in the 
above-captioned investigation. The Commission is soliciting submissions 
on public interest issues raised by the recommended relief should the 
Commission find a violation. This notice is soliciting comments from 
the public only.

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 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#4d0809041e7e0528213d0d383e24392e632a223b"><span class="__cf_email__" data-cfemail="01444548523249646d714174726875622f666e77">[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: Section 337 of the Tariff Act of 1930 
provides that, if the Commission finds a violation, it shall exclude 
the articles concerned from the United States:

unless, after considering the effect of such exclusion upon the 
public health and welfare, competitive conditions in the United 
States economy, the production of like or directly competitive 
articles in the United States, and United States consumers, it finds 
that such articles should not be excluded from entry.

19 U.S.C. 1337(d)(1). A similar provision applies to cease and desist 
orders. 19 U.S.C. 1337(f)(1).
    The Commission is soliciting submissions on public interest issues 
raised by the recommended relief should the Commission find a 
violation, specifically: (1) A general exclusion order directed to 
certain portable battery jump starters and components thereof imported, 
sold for importation, and/or sold after importation that infringe one 
or more of asserted claims 1, 16, 24, 29, and 30 of U.S. Patent No. 
10,604,024; (2) cease and desist orders directed to respondents Winplus 
North America, Inc., ADC Solutions Auto, LLC d/b/a Type-S, and Winplus 
NA, LLC, all of Costa Mesa, California; Shenzhen Carku Technology Co., 
Ltd. of Shenzhen, China; Antigravity Batteries LLC of Gardena, 
California; Gooloo Technologies LLC and Shenzhen Gooloo E-Commerce Co., 
Ltd., both of Shenzhen, China; Great Neck Saw Manufacturers, Inc. of 
Mineola, New York; Matco Tools Corporation of Stow, Ohio; Nekteck, Inc. 
of Anaheim, California; PowerMax Battery (U.S.A.), Inc. of Ontario, 
California; 70mai Co., Ltd. of Shanghai, China; Horizon Tool, Inc. of 
Greensboro, North Carolina; Paris Corporation of Westampton, New 
Jersey; Guangdong Boltpower Energy Co., Ltd. of Shenzhen, China; and 
Best Buy Co., Inc. of South Richfield, Minnesota with respect to these 
asserted claims; and (3) limited exclusion orders directed to certain 
portable battery jump starters and components thereof imported, sold 
for importation, and/or sold after importation by defaulting 
respondents Shenzhen Mediatek Tong Technology Co., Ltd. of Shenzhen, 
China and Zhejiang Quingyou Electronic Commerce Co., Ltd. of Zhejiang, 
China that infringe one or more of asserted U.S. Trademark Registration 
Nos. 4,811,656 and 4,811,749. Parties are to file public interest 
submissions pursuant to 19 CFR 210.50(a)(4).
    The Commission is interested in further development of the record 
on the public interest in this investigation. Accordingly, members of 
the public are invited to file submissions of no more than five (5) 
pages, inclusive of attachments, concerning the public interest in 
light of the ALJ's Recommended Determination on Remedy and Bonding 
issued in this investigation on April 29, 2022. Comments should address 
whether issuance of the recommended remedial orders in this 
investigation, should the Commission find a violation, would affect the 
public health and welfare in the United States, competitive conditions 
in the United States economy, the production of like or directly 
competitive articles in the United States, or United States consumers.
    In particular, the Commission is interested in comments that:

    (i) Explain how the articles potentially subject to the 
recommended remedial orders are used in the United States;
    (ii) identify any public health, safety, or welfare concerns in 
the United States relating to the recommended orders;
    (iii) identify like or directly competitive articles that 
complainant, its licensees, or third parties make in the United 
States which could replace the subject articles if they were to be 
excluded;
    (iv) indicate whether complainant, complainant's licensees, and/
or third-party suppliers have the capacity to replace the volume of 
articles potentially subject to the recommended orders within a 
commercially reasonable time; and
    (v) explain how the recommended orders would impact consumers in 
the United States.


[[Page 29178]]


    Written submissions must be filed no later than by the close of 
business on June 7, 2022. Persons filing written submissions must file 
the original document electronically on or before the deadlines stated 
above. The Commission's paper filing requirements in 19 CFR 210.4(f) 
are currently waived. 85 FR 15798 (Mar. 19, 2020). Submissions should 
refer to the investigation number (``Inv. No. 337-TA-1256'') in a 
prominent place on the cover page and/or the first page. (See Handbook 
for Electronic Filing Procedures, https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf.). Persons with questions regarding 
filing should contact the Secretary (202-205-2000).
    Any person desiring to submit a document to the Commission in 
confidence must request confidential treatment by marking each document 
with a header indicating that the document contains confidential 
information. This marking will be deemed to satisfy the request 
procedure set forth in Rules 201.6(b) and 210.5(e)(2) (19 CFR 201.6(b) 
& 210.5(e)(2)). Documents for which confidential treatment by the 
Commission is properly 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, solely for cybersecurity purposes. 
All contract personnel will sign appropriate nondisclosure agreements. 
All nonconfidential written submissions will be available for public 
inspection on EDIS.
    This action is taken under the authority of 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: May 9, 2022.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2022-10196 Filed 5-11-22; 8:45 am]
BILLING CODE 7020-02-P


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