[Federal Register Volume 85, Number 212 (Monday, November 2, 2020)]
[Notices]
[Pages 69358-69359]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-24166]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1074]
Certain Industrial Automation Systems and Components Thereof
Including Control Systems, Controllers, Visualization Hardware, Motion
and Motor Control Systems, Networking Equipment, Safety Devices, and
Power Supplies; Notice of Commission Determination To Issue a Corrected
General Exclusion Order
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 to issue a corrected general exclusion order
(``GEO'') in the above-captioned investigation.
FOR FURTHER INFORMATION CONTACT: Houda Morad, Office of the General
Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202) 708-4716. 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 October 16, 2017, under section 337 of the Tariff Act of 1930, as
amended, 19 U.S.C. 1337 (``section 337''), based on a complaint filed
by Rockwell Automation, Inc. (``Complainant'') of Milwaukee, Wisconsin.
See 82 FR 48113-15 (Oct. 16, 2017). The complaint, as supplemented,
alleged violations of section 337 based on the infringement of certain
registered trademarks and copyrights and on unfair methods of
competition and unfair acts in the importation or sale of certain
industrial automation systems and components thereof including control
systems, controllers, visualization hardware, motion and motor control
systems, networking equipment, safety devices, and power supplies, the
threat or effect of which is to destroy or substantially injure an
industry in the United States. See id. The notice of investigation
identified the following respondents: Can Electric Limited of
Guangzhou, China (``Can Electric''); Capnil (HK) Company Limited of
Hong Kong (``Capnil''); Fractioni (Hongkong) Ltd. of Shanghai, China
(``Fractioni''); Fujian Dahong Trade Co. of Fujian, China (``Dahong'');
GreySolution Limited d/b/a Fibica of Hong Kong (``GreySolution'');
Huang Wei Feng d/b/a A-O-M Industry of Shenzhen, China (``Huang''); KBS
Electronics Suzhou Co, Ltd. of Shanghai, China (``KBS''); PLC-VIP Shop
d/b/a VIP Tech Limited of Hong Kong (``PLC-VIP''); Radwell
International, Inc. d/b/a PLC Center of Willingboro, New Jersey
(``Radwell''); Shanghai EuoSource Electronic Co., Ltd of Shanghai,
China (``EuoSource''); ShenZhen T-Tide Trading co., Ltd. of Shenzhen,
China (``T-Tide''); SoBuy Commercial (HK) Co. Limited of Hong Kong
(``SoBuy''); Suzhou Yi Micro Optical Co., Ltd., d/b/a Suzhou Yiwei
Guangxue Youxiangongsi, d/b/a Easy Microoptics Co. LTD. of Jiangsu,
China (``Suzhou''); Wenzhou Sparker Group Co. Ltd., d/b/a Sparker
Instruments of Wenzhou, China (``Sparker''); and Yaspro Electronics
(Shanghai) Co., Ltd. of Shanghai, China (``Yaspro''). See id. In
addition, the Office of Unfair Import Investigations was also a party
in this investigation. See id.
Nine respondents were found in default, namely, Fractioni,
GreySolution, KBS, EuoSource, T-Tide, SoBuy, Suzhou, Yaspro and Can
Electric (collectively, ``the Defaulted Respondents''). Furthermore,
five
[[Page 69359]]
unserved respondents (Capnil, Dahong, Huang, PLC-VIP, and Sparker) were
terminated from the investigation, and one respondent (Radwell) was
terminated based on the entry of a consent order.
On October 23, 2018, the Administrative Law Judge (``ALJ'') issued
a final initial determination (``FID'') finding a violation of section
337 by the Defaulted Respondents and recommending that the Commission:
(1) Issue a general exclusion order (``GEO''); and (2) issue a cease
and desist order (``CDO'') against Defaulted Respondent Fractioni. The
ALJ determined that the Defaulted Respondents infringed Complainant's
asserted trademarks, but that Complainant failed to establish its two
other claims, namely, the infringement of Complainant's asserted
copyrights and tortious interference with Complainant's contracts.
On December 20, 2018, the Commission issued a notice determining
not to review the FID. See 83 FR 67346-48 (Dec. 28, 2018). On April 8,
2019, the Commission issued a notice determining that the appropriate
remedy is a GEO prohibiting the unlicensed entry of certain industrial
automation systems and components thereof including control systems,
controllers, visualization hardware, motion and motor control systems,
networking equipment, safety devices, and power supplies that infringe
Complainant's asserted trademarks, and a CDO directed to defaulted
respondent Fractioni. See 84 FR 14971-72 (Apr. 12, 2019). The GEO,
however, inadvertently omits a provision requiring Complainant to file
a yearly written statement with the Commission attesting that
Complainant continues to use the asserted trademarks in commerce in the
United States, that the asserted trademarks have not been abandoned,
cancelled, or rendered invalid or unenforceable, and that Complainant
continues to satisfy the domestic industry requirement.
The Commission has determined to issue a corrected GEO including
the reporting requirement.
The Commission's vote on this determination took place on October
27, 2020.
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).
While temporary remote operating procedures are in place in
response to COVID-19, the Office of the Secretary is not able to serve
parties that have not retained counsel or otherwise provided a point of
contact for electronic service. Accordingly, pursuant to Commission
Rules 201.16(a) and 210.7(a)(1) (19 CFR 201.16(a), 210.7(a)(1)), the
Commission orders that the Complainant(s) complete service for any
party/parties without a method of electronic service noted on the
attached Certificate of Service and shall file proof of service on the
Electronic Document Information System (EDIS).
By order of the Commission.
Issued: October 27, 2020.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2020-24166 Filed 10-30-20; 8:45 am]
BILLING CODE 7020-02-P