Federal Register / Vol. 87, No. 95 / Tuesday, May 17, 2022 / Notices 29879 

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 (https://

www.usitc.gov). The public record for 

these reviews may be viewed on the 

Commission’s electronic docket (EDIS) 

at https://edis.usitc.gov. 

For further information concerning 

the conduct of these reviews and rules 

of general application, consult the 

Commission’s Rules of Practice and 

Procedure, part 201, subparts A through 

E (19 CFR part 201), and part 207, 

subparts A, D, E, and F (19 CFR part 

207). 

SUPPLEMENTARY INFORMATION: On May 9, 

2022, the Commission determined that 

it should proceed to full reviews in the 

subject five-year reviews pursuant to 

section 751(c) of the Tariff Act of 1930 

(19 U.S.C. 1675(c)). The Commission 

found that both the domestic and 

respondent interested party group 

responses to its notice of institution (87 

FR 5503, February 1, 2022) were 

adequate. A record of the 

Commissioners’ votes will be available 

from the Office of the Secretary and at 

the Commission’s website. 

Authority: These reviews are being 

conducted under authority of title VII of 

the Tariff Act of 1930; this notice is 

published pursuant to § 207.62 of the 

Commission’s rules. 

By order of the Commission. 

Issued: May 11, 2022. 

Lisa Barton, 

Secretary to the Commission. 

[FR Doc. 2022–10516 Filed 5–16–22; 8:45 am] 

BILLING CODE 7020–02–P 

INTERNATIONAL TRADE 

COMMISSION 

[Investigation No. 337–TA–1244] 

Certain Batteries and Products 

Containing Same; Commission 

Decision To Review in Part an Initial 

Determination Granting in Part 

Complainants’ Motion for Summary 

Determination of a Violation of Section 

337; Request for Written Submissions 

AGENCY: U.S. International Trade 

Commission. 

ACTION: Notice. 

SUMMARY: Notice is hereby given that 

the U.S. International Trade 

Commission has determined to review 

in part an initial determination (‘‘ID’’) 

(Order No. 15) of the presiding 

Administrative Law Judge (‘‘ALJ’’) 

granting-in-part the complainants’ 

motion for summary determination of a 

violation of section 337. The 

Commission also requests written 

submissions from the parties on the 

issue under review and from the parties, 

interested government agencies, and 

interested persons on the issues of 

remedy, bonding, and the public 

interest, under the schedule set forth 

below. 

FOR FURTHER INFORMATION CONTACT: 

Michael Liberman, Esq., Office of the 

General Counsel, U.S. International 

Trade Commission, 500 E Street SW, 

Washington, DC 20436, telephone (202) 

205–2392. 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: The 

Commission instituted this investigation 

on February 5, 2021, under section 337 

of the Tariff Act of 1930, as amended, 

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

a complaint filed by complainants One 

World Technologies, Inc. (‘‘One World’’) 

and Techtronic Power Tools Technology 

Ltd. (‘‘TTT’’) (collectively, 

‘‘Complainants’’). 86 FR 8379–80 (Feb. 

5, 2021). The complaint, as 

supplemented, alleges a violation of 

section 337 based upon the importation 

into the United States, the sale for 

importation, or the sale within the 

United States after importation of 

certain batteries and products 

containing same by reason of 

infringement of the sole claims of U.S. 

Patent Nos. D579,868 (‘‘the ’868 

patent’’); D580,353 (‘‘the ’353 patent’’); 

and D593,944 (‘‘the ’944 patent’’). Id. at 

8379. The complaint further alleges that 

a domestic industry exists. Id. The 

notice of investigation (‘‘NOI’’) names 

thirteen (13) respondents: Darui 

Development Limited (‘‘Darui 

Development’’); Dongguan Xinjitong 

Electronic Technology Co., Ltd. 

(‘‘Dongguan Electronic’’); Shenzhen 

Laipaili Electronics Co., Ltd. 

(‘‘Shenzhen Laipaili’’); Shenzhen 

MingYang Creation Electronic Co., Ltd. 

(‘‘Shenzhen MingYang’’); Shenzhen 

Rich Hao Yuan Energy Technology Co., 

Ltd. (‘‘Shenzhen Rich Hao’’); Shenzhen 

Runsensheng Trading Co., Ltd. 

(‘‘Shenzhen Runsensheng’’); Shenzhen 

Saen Trading Co., Ltd. (‘‘Shenzhen 

Saen’’); Shenzhen Shengruixiang ECommerce Co., Ltd. (‘‘Shenzhen ECommerce’’); Shenzhen Uni-Sun 

Electronics Co., Ltd. (‘‘Shenzhen UniSun’’); and Shenzhen Vmartego 

Electronic Commerce Co., Ltd. 

(‘‘Shenzhen Vmartego’’) (collectively, 

the ‘‘Defaulted Respondents’’); 

Shenzhen Liancheng Weiye Industrial 

Co., Ltd.; Shenzhen Ollop Technology 

Co. Ltd.; and Shenzhen Tuo Yu 

Technology Co., Ltd. Id. The Office of 

Unfair Import Investigations (‘‘OUII’’) is 

participating in this investigation. Id. 

On May 17, 2021, Commission 

terminated the investigation based upon 

the withdrawal of the complaint with 

respect to respondents Shenzhen 

Liancheng Weiye Industrial Co., Ltd., 

Shenzhen Ollop Technology Co. Ltd., 

and Shenzhen Tuo Yu Technology Co., 

Ltd., after Complainants were unable to 

serve these respondents with copies of 

the Complaint and NOI. Order No. 7 

(Apr. 21, 2021), unreviewed by Notice 

(May 17, 2021). 

On April 20, 2021, Complainants filed 

a motion for an order to show cause 

why the remaining ten (10) named 

respondents (i.e., the Defaulted 

Respondents) should not be found in 

default after failing to respond to the 

Complaint and NOI, which had been 

duly served upon them. On May 4, 

2021, the motion was granted and an 

order to show cause was issued. Order 

No. 8 (May 4, 2021). On June 3, 2021, 

after they failed to respond to the order 

to show cause, ALJ issued an ID finding 

all ten Defaulted Respondents to be in 

default. Order No. 9 (June 3, 2021), 

unreviewed by Notice (June 23, 2021). 

On June 21, 2021, Complainants 

moved for a summary determination of 

violation of Section 337 by the 

Defaulted Respondents and for a 

recommended determination 

recommending entry of a general 

exclusion order and a bond at the rate 

of 100 percent during the Presidential 

review period. 

On July 16, 2021, OUII filed a 

response to Complainants’ motion 

supporting a finding of summary 

determination against only four (4) of 

the Defaulted Respondents: Darui 

Development, Dongguan Electronic, 

Shenzhen Rich Hao, and Shenzhen 

Saen. Specifically, OUII argued 

Complainants did not sufficiently 

connect the importation, sale, or sale 

after importation of certain of the 

Accused Products to the Defaulted 

Respondents. Otherwise, OUII stated it 

generally supports a finding that 

Complainants have satisfied the 

economic prong of the domestic 

industry requirement under section 

337(a)(3)(A) and (B) (19 U.S.C. 


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29880 Federal Register / Vol. 87, No. 95 / Tuesday, May 17, 2022 / Notices 

1337(a)(3)(A), (B)) and also supports 

Complainants’ remedy requests. 

On March 25, 2022, the presiding ALJ 

issued the subject ID (Order No. 15) 

granting in part and denying in part 

Complainants’ motion for summary 

determination. The ID finds that 

Complainants have shown by reliable, 

probative, and substantial evidence that 

a violation of section 337 has occurred 

with respect to the Asserted Patents as 

to the following four Defaulted 

Respondents: Darui Development, 

Dongguan Electronic, Shenzhen Rich 

Hao, and Shenzhen Saen. The ID finds 

that no violation has been established as 

to any other respondent. The ALJ’s 

recommended determination on remedy 

and bonding (‘‘RD’’) recommends 

issuance of a general exclusion order 

with respect to the asserted patents. The 

RD does not recommend issuance of any 

cease and desist order. 

On April 6, 2022, the IA petitioned for 

review of certain aspects of the subject 

ID. No other petitions or responses to 

petitions were filed. 

Having examined the record in this 

investigation, including the final ID and 

the petition for review, the Commission 

has determined to review the ID’s 

findings regarding the economic prong 

of the domestic industry requirement. In 

addition, the Commission has 

determined to review in part the ID with 

the limited purpose of modifying the ID 

on review by making certain corrections 

in the ID. 

Specifically, the Commission has 

determined to modify the subject ID as 

follows: (1) On page 8 of the ID, to strike 

the specific identification of the 

‘‘remaining six (6) Defaulted 

Respondents’’ from summary finding 

number thirteen (13); (2) on page 34 of 

the ID, to strike the sentence that reads 

‘‘The model numbers of the Lasica 

batteries that Defaulted Respondent 

Shenzhen MingYang offered for sale on 

the Amazon website are among the DI 

Products identified in this 

investigation.’’; (3) on page 34 of the ID, 

to strike the sentence that reads ‘‘A 

Lasica battery that was purchased from 

the Defaulted Respondent Shenzhen 

MingYang Amazon website was 

received in the United States on July 23, 

2018 and is clearly marked as ‘Made in 

China.’ (Memo. at 17; SMF No. 69.).’’; 

(4) on page 37 of the ID, to strike the 

sentence that reads ‘‘It is undisputed 

that Defaulted Respondent Shenzhen ECommerce has sold for importation, 

imported, and/or sold in the United 

States after importation the accused 

FUZADEL Battery. (Memo. at 15–16; 

SMF No. 57; Staff Resp. at 33.).’’; (5) on 

page 38 of the ID, to strike the sentence 

that reads ‘‘The RYOBITM battery pack 

model numbers that are offered for sale 

as a FUZADEL battery pack that 

Defaulted Respondent Shenzhen ECommerce offers for sale on the Amazon 

website are among the DI Products 

identified in this investigation.’’; (6) on 

page 39 of the ID, to strike the sentence 

that reads ‘‘The RYOBITM model 

numbers identified on the jolege battery 

pack that Defaulted Respondent 

Shenzhen Uni-Sun offers for sale on the 

Amazon website are among the DI 

Products identified in this 

investigation.’’; (7) on page 29 of the ID, 

to modify the last line to read 

‘‘Dongguan Electronic’’ instead of 

‘‘Darui Development;’’ (8) on page 30 of 

the ID, to modify the first line on page 

30 of the ID by striking the word 

‘‘Dongguan;’’ (9) to modify the last line 

to read ‘‘Shenzhen Rich Hao’’ instead of 

‘‘Darui Development;’’ (10) on page 31 

of the ID, to modify the first line to read 

‘‘Shenzhen Saen’’ instead of ‘‘Dongguan 

Shenzhen Rich Hao;’’ (11) on page 31 of 

the ID, to modify the last line to read 

‘‘Shenzhen Saen’’ instead of ‘‘Darui 

Development;’’ (12) on page 36 of the 

ID, to modify the fifth line from the top 

by striking the symbols ‘‘4.’’; (13) on 

page 37 of the ID, to modify the sixth 

line from the bottom to read 

‘‘Respondent Shenzhen Runsensheng, 

either alone or in association with 

Defaulted Respondent Vmartego, is the 

owner or seller of the Enegitech 

Accused Product’’ instead of 

‘‘Respondent MingYang is the owner or 

seller of the Lasica Accused Product;’’ 

(14) on page 39 of the ID, to modify the 

fourth line from the bottom to read 

‘‘Respondent Shenzhen Uni-Sun’’ 

instead of ‘‘Respondent Shenzhen ECommerce’’; (15) on page 47 of the ID, 

to strike the text ‘‘(Memo at 26 (citing 

SMF No. 102 and Fletcher Decl. at 

upper end chamfered and the 

extrusion of this surface to the Foot 

Platform. . . .’ ’’ on lines eight and nine 

from the bottom; (16) on page 63 of the 

ID, to modify the citation on lines 9 and 

10 to read ‘‘(Fletcher Decl. at ¶¶ 105– 

115 (’868 patent); ¶¶ 170–181 (’353 

patent); ¶¶ 241–252 (’944 patent))’’ 

instead of ‘‘(Fletcher Decl. at ¶¶ 105– 

114 (’868 patent); ¶¶ 133–142 (’353 

patent); ¶¶ 161–170).)’’); and (17) on 

page 65 of the ID, to insert ‘‘takes place’’ 

after ‘‘engineering’’ to read ‘‘engineering 

takes place in the United States.’’ 

In connection with its review, the 

Commission requests responses to the 

following question. The parties are 

requested to brief their positions with 

reference to the applicable law and the 

existing evidentiary record. 

1. Please discuss what evidence of 

record supports a finding that 

complainants’ investments under 

Section 337(a)(3)(A) and (B), 19 U.S.C. 

1337(a)(3)(A), (B), are quantitatively and 

qualitatively significant. 

The parties are invited to brief only 

the discrete issues requested above. The 

parties are not to brief other issues on 

review, which are adequately presented 

in the parties’ existing filings. 

In connection with the final 

disposition of this investigation, the 

statute authorizes issuance of, inter alia, 

(1) an exclusion order that could result 

in the exclusion of the subject articles 

from entry into the United States; and/ 

or (2) cease and desist orders that could 

result in the respondents being required 

to cease and desist from engaging in 

unfair acts in the importation and sale 

of such articles. 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 

(Dec. 1994). 

The statute requires the Commission 

to consider the effects of that remedy 

upon the public interest. The public 

interest factors the Commission will 

consider include the effect that an 

exclusion order and/or a cease and 

desist order 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 


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Federal Register / Vol. 87, No. 95 / Tuesday, May 17, 2022 / Notices 29881 

should be imposed if a remedy is 

ordered. 

Written Submissions: The parties to 

the investigation are requested to file 

written submissions on the issue 

identified in this notice. 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. 

In their initial submissions, 

Complainants are also requested to 

identify the remedy sought and 

Complainants and OUII are also 

requested to submit proposed remedial 

orders for the Commission’s 

consideration. Complainants are also 

requested to state the dates on which 

the asserted patents expire, the HTSUS 

subheadings under which the accused 

products are imported, and to supply 

the names of known importers of the 

products at issue in this investigation. 

The initial written submissions and 

proposed remedial orders must be filed 

no later than close of business on May 

25, 2022. Reply submissions must be 

filed no later than the close of business 

on June 1, 2022. 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. The Commission’s paper 

filing requirements in 19 CFR 210.4(f) 

are currently waived. 85 FR 15798 

(March 19, 2020). Submissions should 

refer to the investigation number (‘‘Inv. 

No. 337–TA–1244’’) 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/ 

handbookonfilingprocedures.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 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. Any non-party 

wishing to submit comments containing 

confidential information must serve 

those comments on the parties to the 

investigation pursuant to the applicable 

Administrative Protective Order. A 

redacted non-confidential version of the 

document must also be filed with the 

Commission and served on any parties 

to the investigation within two business 

days of 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. 

The Commission vote for this 

determination took place on May 11, 

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: May 11, 2022. 

Lisa Barton, 

Secretary to the Commission. 

[FR Doc. 2022–10523 Filed 5–16–22; 8:45 am] 

BILLING CODE 7020–02–P 

DEPARTMENT OF LABOR 

Agency Information Collection 

Activities; Submission for OMB 

Review; Comment Request; Quarterly 

Census of Employment and Wages 

Business Supplement 

ACTION: Notice of availability; request 

for comments. 

SUMMARY: The Department of Labor 

(DOL) is submitting this Bureau of Labor 

Statistics (BLS)-sponsored information 

collection request (ICR) to the Office of 

Management and Budget (OMB) for 

review and approval in accordance with 

the Paperwork Reduction Act of 1995 

(PRA). Public comments on the ICR are 

invited. 

DATES: The OMB will consider all 

written comments that the agency 

receives on or before June 16, 2022. 

ADDRESSES: Written comments and 

recommendations for the proposed 

information collection should be sent 

within 30 days of publication of this 

notice to www.reginfo.gov/public/do/ 

PRAMain. Find this particular 

information collection by selecting 

‘‘Currently under 30-day Review—Open 

for Public Comments’’ or by using the 

search function. 

Comments are invited on: (1) Whether 

the collection of information is 

necessary for the proper performance of 

the functions of the Department, 

including whether the information will 

have practical utility; (2) if the 

information will be processed and used 

in a timely manner; (3) the accuracy of 

the agency’s estimates of the burden and 

cost of the collection of information, 

including the validity of the 

methodology and assumptions used; (4) 

ways to enhance the quality, utility and 

clarity of the information collection; and 

(5) ways to minimize the burden of the 

collection of information on those who 

are to respond, including the use of 

automated collection techniques or 

other forms of information technology. 

FOR FURTHER INFORMATION CONTACT: 

Nicole Bouchet by telephone at 202– 

693–0213, or by email at DOL_PRA_

PUBLIC@dol.gov. 

SUPPLEMENTARY INFORMATION: The 

Quarterly Census of Employment and 

Wages Business Supplement (QBS) is a 

versatile collection instrument designed 

to capture information on the U.S. 

economy quicky and efficiently using 

the BLS Annual Refiling Survey as the 

data collection platform. The QBS 

collection is designed to incorporate 

new questionnaires as the need arises to 

allow BLS to collect and publish 

information quickly so that stakeholders 

and data users can understand the 

impact of specific events on the U.S. 

economy as they occur. The initial QBS 

survey, the 2021 Business Response 

Survey, collected information on how 

establishments were coping with the 

transition from the height of the 

coronavirus pandemic into a period of 

relative economic recovery. It followed 

the 2020 Business Response Survey 

(1220–0197), a one-time survey which 

captured information about changes to 

business operations, employment and 

workforce flexibilities, and benefits that 

occurred as a result of the onset of the 

pandemic. The BLS is now seeking 

approval to conduct another survey 

under the QBS information collection to 

capture information on telework, hiring 

and vacancies at establishments. This 


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