Certain Portable Battery Jump Starters and Components Thereof; Commission Determination Not To Review Two Initial Determinations Granting Complainant's Motion To Amend the Complaint and Notice of Investigation and Joint Motions Terminating the Investigation as to Several Respondents Based on Settlement |
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Lisa Barton
International Trade Commission
21 May 2021
[Federal Register Volume 86, Number 97 (Friday, May 21, 2021)]
[Notices]
[Pages 27650-27651]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-10767]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1256]
Certain Portable Battery Jump Starters and Components Thereof;
Commission Determination Not To Review Two Initial Determinations
Granting Complainant's Motion To Amend the Complaint and Notice of
Investigation and Joint Motions Terminating the Investigation as to
Several Respondents Based on Settlement
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 not to review: (1) An initial determination
(``ID'') (Order No. 13) of the presiding administrative law judge
(``ALJ'') granting complainant's unopposed motion to amend the
complaint and notice of investigation (``NOI'') to substitute certain
corporate entities named as respondents; to add two respondents; and to
withdraw certain infringement allegations; and (2) an ID (Order No. 14)
granting an unopposed joint motion to terminate the investigation as to
respondent Lowe's Companies, Inc. and proposed new respondent Lowe's
Home Centers, LLC (collectively, ``Lowe's''), both of Mooresville,
North Carolina based on settlement; and an unopposed joint motion to
terminate the investigation as to respondent O'Reilly Automotive, Inc.
and proposed new respondents Ozark Purchasing, LLC; O'Reilly Automotive
Stores, Inc.; and O'Reilly Auto Enterprises, LLC (collectively,
``O'Reilly''), all of Springfield, Missouri based on settlement.
Respondents Lowe's and O'Reilly are terminated from the investigation.
[[Page 27651]]
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
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, telephone 202-205-1810.
SUPPLEMENTARY INFORMATION: The Commission instituted this investigation
on March 23, 2021, based on a complaint filed by The NOCO Company
(``NOCO'') of Glenwillow, Ohio. 86 FR 15496-98 (Mar. 23, 2021). The
complaint, as amended and supplemented, alleges violations of section
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, based upon
the importation into the United States, the sale for importation, and
the sale within the United States after importation of certain portable
battery jump starters and components thereof by reason of infringement
of certain claims of U.S. Patent Nos. 9,007,015 and 10,604,024 (``the
'024 patent''), and U.S. Trademark Registration Nos. 4,811,656 and
4,811,749. The complaint further alleges the existence of a domestic
industry. The Commission's NOI named forty-four (44) respondents,
including: Lowe's Companies, Inc.; O'Reilly Automotive, Inc.;
Halo2Cloud, LLC of Hartford, Connecticut, QVC, Inc. of Chester,
Pennsylvania, and Zagg Co. Rrd Gst of Plainfield, Indiana
(collectively, ``HALO''); Anker Technology (UK) Ltd. of Birmingham,
United Kingdom; Shenzhen Dingjiang Technology Co., Ltd. and Shenzhen
Topdon Technology Co., Ltd. (collectively ``Shenzhen''), both of
Shenzhen, China; and Winplus North America, Inc. of Costa Mesa,
California. The Office of Unfair Import Investigations is participating
in the investigation.
On April 21, 2021, NOCO moved to amend the complaint and NOI as
follows: (1) Substitute Lowe's Home Centers, LLC, for presently named
respondent Lowe's Companies, Inc.; (2) substitute O'Reilly Automotive
Stores, Inc., O'Reilly Auto Enterprises, LLC, and Ozark Purchasing, LLC
for presently named respondent O'Reilly Automotive, Inc.; (3)
substitute Anker Innovations Ltd. (HK) of Birmingham, United Kingdom
for presently named respondent Anker Technology (UK) Ltd.; (4)
substitute ZAGG Inc. of Midvale, Utah for presently named respondent
Zagg Co. Rrd Gst; (5) substitute Shenzhen Dingjiang Technology Co.,
Ltd. (d/b/a Shenzhen Topdon Technology Co., Ltd. and Topdon Technology
Co., Ltd.) of Shenzhen, China for presently named respondents Shenzhen;
and (6) add additional respondents ADC Solutions Auto, LLC d/b/a Type-S
and Winplus NA, LLC, both of Costa Mesa, California, which are related
to presently named respondent Winplus North America, Inc. NOCO also
moved to withdraw infringement allegations as to HALO's accused
products with respect to the '024 patent and correct certain
typographical and clerical errors.
On April 22, 2021, NOCO and Lowe's jointly moved to terminate the
investigation as to Lowe's based on a settlement agreement between NOCO
and Lowe's that resolves all issues between these parties. On the same
date, NOCO and O'Reilly jointly moved to terminate the investigation as
to O'Reilly based on a settlement agreement between NOCO and O'Reilly
that resolves all issues between these parties. Both motions were
unopposed.
On April 23, 2021, the ALJ issued the subject IDs. Order No. 13
grants NOCO's unopposed motion to amend the complaint and notice of
investigation as described above. The ID finds that the motion
satisfies Commission Rule 210.14(b) (19 CFR 210.14(b)) because good
cause exists to amend the complaint and NOI as detailed in NOCO's
motion. Order No. 14 grants the unopposed joint motions to terminate
the investigation as to Lowe's and O'Reilly based on settlement. The
IDs find that the joint motions satisfy the requirements of Commission
Rule 210.21(b) (19 CFR 210.21(b)) and that terminating the
investigation as to Lowe's and O'Reilly is not contrary to the public
interest. No party petitioned for review of either ID.
The Commission has determined not to review the subject IDs. The
complaint and NOI are amended as detailed in NOCO's motion. In
addition, Lowe's and O'Reilly are terminated from the investigation.
The Commission vote for this determination took place on May 17,
2021.
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 18, 2021.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2021-10767 Filed 5-20-21; 8:45 am]
BILLING CODE 7020-02-P