90 FR 43 pgs. 11437-11438 - Certain Components for Injection Molding Machines, and Products Containing the Same; Notice of a Commission Determination Not To Review an Initial Determination Finding Respondent Ningbo AO Sheng Mold Co., Ltd. in Default; Request for Written Submissions on Remedy, the Public Interest, and Bonding
Type: NOTICEVolume: 90Number: 43Pages: 11437 - 11438
Pages: 11437, 11438Docket number: [Investigation No. 337-TA-1427]
FR document: [FR Doc. 2025-03591 Filed 3-5-25; 8:45 am]
Agency: International Trade Commission
Official PDF Version: PDF Version
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1427]
Certain Components for Injection Molding Machines, and Products Containing the Same; Notice of a Commission Determination Not To Review an Initial Determination Finding Respondent Ningbo AO Sheng Mold Co., Ltd. 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. 7) issued by the presiding chief administrative law judge ("CALJ") finding respondent Ningbo AO Sheng Mold Co., Ltd., d/b/a AOSIMI ("AOSIMI") to be in default, and to request written submissions from the parties, interested government agencies, and interested persons, under the schedule set forth below, on remedy, the public interest, and bonding.
FOR FURTHER INFORMATION CONTACT:
Paul Lall, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone (202) 205-2043. 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:
On December 18, 2024, the Commission instituted this investigation under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337 ("section 337"), based on a complaint filed by Husky Injection Molding Systems Ltd. of Canada and Husky Injection Molding Systems, Inc. of Milton, Vermont (collectively, "Complainants"). See 89 FR 102953-54 (Dec. 18, 2024). The complaint alleges violations of section 337 based upon the importation into the United States, the sale for importation, and the sale within the United States after importation of certain components for injection molding machines, and products containing the same by reason of the infringement of certain claims of U.S. Patent Nos. 9,713,891, 11,794,375, 10,093,053, 8,834,149 and 7,645,132 (the "Asserted Patents"). Id. at 102953. The Commission's notice of investigation ("NOI") named AOSIMI of Yuyao, Zhejiang, China as the sole respondent. Id. at 102954. AOSIMI did not respond to the complaint.
On January 17, 2025, Complainants filed a motion for an order to show cause ("Motion") demonstrating why AOSIMI should not be found in default for failing to respond to the Complaint and NOI. Complainants' Motion explains that the complaint and NOI were delivered to AOSIMI via international FedEx and signed by a person in AOSIMI's mail room named "M. Menwei." Compls.' Mem. in Support of Mot. for Order to Cause, at 2 (Jan. 17, 2025) (citing Proof of Service, EDIS Doc. ID 839378, at 5). On January 24, 2025, the CALJ issued an order directing AOSIMI to show cause, no later than February 7, 2025, why it should not be found in default for failing to respond to the complaint and NOI. ID at 1 (citing Order No. 5). On the same day, the Commission served Order No. 5 on AOSIMI via express mail to the address identified in the NOI. EDIS Doc. ID 841764. AOSIMI did not respond to the order to show cause.
On February 14, 2025, the presiding CALJ issued the subject ID (Order No. 7) finding respondent AOSIMI to be in default pursuant to Commission Rule 210.16(b) (19 CFR 210.16(b)) and terminating the investigation before the CALJ.
No party filed a petition for review of the subject ID.
The Commission has determined not to review the subject ID. The Commission finds that Ningbo AO Sheng Mold Co., Ltd. is properly found to be 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.
[top] 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
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 their initial submission, Complainants are also requested to identify the remedy sought and Complainants are requested to submit proposed remedial orders for the Commission's consideration. Complainants are further requested to state the dates that the Asserted Patents expire, 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. The initial written submissions and proposed remedial orders must be filed no later than close of business on March 14, 2025. Reply submissions must be filed no later than the close of business on March 21, 2025. No further submissions on any of 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 pursuant to 19 CFR 210.4(f). Submissions should refer to the investigation number ("Inv. No. 337-TA-1427") in a prominent place on the cover page and/or the first page. ( See Handbook for Electronic Filing Procedures, https://www.usitc.gov/documents/handbook_on_filing_procedures.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 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's vote for this determination took place on February 28, 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: February 28, 2025.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2025-03591 Filed 3-5-25; 8:45 am]
BILLING CODE 7020-02-P