[Federal Register Volume 79, Number 204 (Wednesday, October 22, 2014)]
[Notices]
[Pages 63165-63166]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-25051]


-----------------------------------------------------------------------

INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-919]


Certain Archery Products and Related Marketing Materials; 
Commission Determination Not To Review an Initial Determination Finding 
Respondent Ningbo Topoint Outdoor Sports Co., Ltd., To Be in Default; 
Request for Written Submissions on Remedy, the Public Interest, and 
Bonding

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined not to review an initial determination 
(``ID'') (Order No. 11) issued by the presiding administrative law 
judge (``ALJ'') on September 16, 2014, finding the sole respondent, 
Ningbo Topoint Outdoor Sports Co., Ltd. (``Ningbo''), to be in default. 
Accordingly, the Commission requests written submissions, under the 
schedule set forth below, on remedy, public interest, and bonding.

FOR FURTHER INFORMATION CONTACT: Robert Needham, Office of the General 
Counsel, U.S. International Trade Commission, 500 E Street SW., 
Washington, DC 20436, telephone (202) 708-5468. 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 (http://www.usitc.gov). The public record for this investigation may be viewed 
on the Commission's electronic docket (EDIS) at http://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 June 16, 2014, based on a complaint filed by Bear Archery, Inc. and 
SOP Services, Inc. (``Complainants''). 79 FR 34356. The complaint 
alleges violations of section 337 of the Tariff Act of 1930, as 
amended, 19 U.S.C. 1337 (``section 337''), in the importation into the 
United States, the sale for importation, and the sale within the United 
States after importation of certain archery products and related 
marketing materials by reason of infringement of certain claims of U.S. 
Patent No. RE38,096; U.S. Patent No. 6,978,775; U.S. Patent No. 
7,226,375; U.S. Trademark Registration No. 2,501,255; and U.S. 
Trademark Registration No. 3,312,392. Id. The complaint further alleges 
the existence of a domestic industry. Id. The Commission's notice of 
investigation named Ningbo as the respondent, and indicated that the 
Office of Unfair Import Investigations is participating in this 
investigation. Id.
    On June 11, 2014, the Commission attempted to serve Ningbo with the 
complaint and notice of investigation, but the notice was returned as 
undeliverable mail on July 23, 2014. On July 24, 2014, Complainants 
sought leave to attempt to effect personal service on Ningbo, and the 
leave was granted on July 30, 2014. On July 31, 2014, Complainants 
filed proof that they had served Ningbo with the complaint and notice 
of investigation.
    On August 19, 2014, Complainants moved for an order directing 
Ningbo to show cause why it should not be found in default for its 
failure to respond to the complaint and notice of investigation, and, 
upon failure to show cause, for the issuance of an initial 
determination finding Ningbo in default. On August 20, 2014, 
Complainants filed a letter indicating that they did not seek a general 
exclusion order in the event of a default. On August 21, 2014, the 
Commission Investigative Attorney (``IA'') filed a response supporting 
Complainants' motion.
    On September 2, 2014, the ALJ granted the motion and ordered Ningbo 
to show cause why it should not be found in default. See Order No. 10. 
No response to Order No. 10 was filed.
    On September 16, 2014, the ALJ issued the subject ID finding Ningbo 
in default under Commission Rule 210.16(a)(1). See Order No. 11. No 
petitions for review of the ID were filed. The Commission has 
determined not to review the subject ID.
    Ningbo is the sole respondent in this investigation. Section 
337(g)(1) and Commission Rule 210.16(c) authorize the Commission to 
order relief against a respondent found in default, unless, after 
considering the public interest, it finds that such relief should not 
issue. Complainants indicated that they were not seeking a general 
exclusion order pursuant to Commission Rule 210.16(c)(2).
    In connection with the final disposition of this investigation, the 
Commission may: (1) issue an order that could result in the exclusion 
of articles manufactured or imported by the defaulting respondent; and/
or (2) issue a cease and desist order that could result in the 
defaulting respondent 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 (December 1994).
    If the Commission contemplates some form of remedy, it must 
consider the effects of that remedy upon the public interest. The 
factors that the Commission will consider include the effect that the 
exclusion order and/or cease and desists 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

[[Page 63166]]

submissions on the issues of remedy, the public interest, and bonding. 
Complainants and the IA are requested to submit proposed remedial 
orders for the Commission's consideration. Complainants are also 
requested to state the HTSUS numbers under which the accused products 
are imported, and to state the dates that the patents expire.
    Written submissions and proposed remedial orders must be filed no 
later than the close of business on October 30, 2014. Reply submissions 
must be filed no later than the close of business on November 6, 2014. 
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 deadline 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-919'') in a prominent place on the cover page and/or the 
first page. (See Handbook for Electronic Filing Procedures, http://www.usitc.gov/secretary/fed_reg_notices/rules/handbook_on_electronic_filing.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. All such requests 
should be directed to the Secretary to the Commission and must include 
a full statement of the reasons why the Commission should grant such 
treatment. See 19 CFR 201.6. Documents for which confidential treatment 
by the Commission is properly sought will be treated accordingly. A 
redacted nonconfidential version of the document must also be filed 
simultaneously with any confidential filing. All nonconfidential 
written submissions will be available for public inspection at the 
Office of the Secretary and on EDIS.
    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: October 16, 2014.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2014-25051 Filed 10-21-14; 8:45 am]
BILLING CODE 7020-02-P