90 FR 88 pgs. 19531-19532 - Certain Dryer Wall Exhaust Vent Assemblies and Components Thereof; Notice of a Commission Determination Not To Review an Initial Determination Finding the Sole Respondent in Default; Request for Written Submissions on Remedy, the Public Interest, and Bonding
Type: NOTICEVolume: 90Number: 88Pages: 19531 - 19532
Pages: 19531, 19532Docket number: [Investigation No. 337-TA-1437]
FR document: [FR Doc. 2025-08076 Filed 5-7-25; 8:45 am]
Agency: International Trade Commission
Official PDF Version: PDF Version
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1437]
Certain Dryer Wall Exhaust Vent Assemblies and Components Thereof; Notice of a Commission Determination Not To Review an Initial Determination Finding the Sole Respondent 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 ("Commission") has determined not to review an initial determination ("ID") (Order No. 7) of the presiding administrative law judge ("ALJ"), finding the sole respondent in default. The Commission requests written submissions from the parties, interested government agencies, and other interested persons on the issues of remedy, the public interest, and bonding, under the schedule set forth below.
FOR FURTHER INFORMATION CONTACT:
Ronald A. Traud, Esq., Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone (202) 205-3427. 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:
On February 6, 2025, the Commission instituted this investigation based on a complaint filed on behalf of InOvate Acquisition Company of Jupiter, Florida. 90 FR 9084 (Feb. 6, 2025). The complaint, as supplemented, alleges violations of section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, based on the importation into the United States, the sale for importation, or sale within the United States after importation of certain dryer wall exhaust vent assemblies and components thereof by reason of the infringement of certain claims of U.S. Patent No. 11,953,230. Id. The complaint further alleges that an industry in the United States exists as required by section 337. Id. The Commission's notice of investigation named as the sole respondent Xiamen Dirongte Trading Co., Ltd. of Xiamen City, China ("Xiamen"). Id. The Office of Unfair Import Investigations is not participating in this investigation. Id.
On March 14, 2025, the ALJ issued an order directing Xiamen to show cause why it should not be found in default and why judgment should not be rendered against it for failing to respond to the complaint and notice of investigation. Order No. 6 (Mar. 14, 2025). The ALJ found that Xiamen had received notice of the complaint and notice of investigation by express delivery. Id. The ALJ further found that after receiving such notice, Xiamen did not respond or enter an appearance in the investigation. Id. Xiamen did not respond to Order No. 6.
On April 15, 2025, the ALJ issued Order No. 7, the subject ID, which found Xiamen, the sole respondent, in default pursuant to Commission Rule 210.16 (19 CFR 210.16). The ALJ found that because Xiamen failed to respond to the order to show cause, it necessarily failed to make the requisite showing of good cause to avoid default under the applicable rules. No petitions for review of the ID were filed.
The Commission has determined not to review the subject ID, and accordingly, Xiamen, the sole respondent has been found in default.
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 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, disapprove, or take no action on the Commission's determination. 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.
In its initial submission, Complainant is also requested to identify the remedy sought and Complainant is requested to submit proposed remedial orders for the Commission's consideration. Complainant is further requested to state the date that the Asserted Patent expires, to provide the HTSUS subheadings under which the accused products are imported, and to supply the identification information for all known importers of the products at issue in this investigation. All initial written submissions, from the parties and/or third parties/interested government agencies, and proposed remedial orders from the parties must be filed no later than close of business on May 19, 2025. All reply submissions must be filed no later than the close of business on May 26, 2025. All submission from third parties and/or interested government agencies are limited to 10 pages. No further submissions on any of these issues will be permitted unless otherwise ordered by the Commission.
[top] Persons filing written submissions must file the original document electronically on or before the deadlines stated above pursuant to 19 CFR
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 5, 2025.
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 5, 2025.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2025-08076 Filed 5-7-25; 8:45 am]
BILLING CODE 7020-02-P