2021-01607. Notice of Receipt of Complaint; Solicitation of Comments Relating to the Public Interest

AGENCY:

U.S. International Trade Commission.

ACTION:

Notice.

SUMMARY:

Notice is hereby given that the U.S. International Trade Commission has received a complaint entitled Certain Portable Battery Jump Starters and Components Thereof, DN 3526; the Commission is soliciting comments on any public interest issues raised by the complaint or complainant's filing pursuant to the Commission's Rules of Practice and Procedure.

FOR FURTHER INFORMATION CONTACT:

Lisa R. Barton, Secretary to the Commission, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone [phone]. The public version of the complaint can be accessed on the Commission's Electronic Document Information System (EDIS) at https://edis.usitc.gov. For help accessing EDIS, please email [e-mail].

General information concerning the Commission may also be obtained by accessing its internet server at United States International Trade Commission (USITC) at https://www.usitc.gov . The public record for this investigation may be viewed on the Commission's Electronic Document Information System (EDIS) at https://edis.usitc.gov. Hearing-impaired persons are advised that information on this matter can be obtained by contacting the Commission's TDD terminal on [phone].

SUPPLEMENTARY INFORMATION:

The Commission has received a complaint and a submission pursuant to § 210.8(b) of the Commission's Rules of Practice and Procedure filed on behalf of The NOCO Company on January 19, 2021. The complaint alleges violations of section 337 of the Tariff Act of 1930 (19 U.S.C. 1337) in 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. The complaint names as respondents: Advance Auto Parts, Inc. of Raleigh, NC; Anker Innovations Ltd. of Hong Kong; Anker Technology Co., Ltd. of Hong Kong; Anker Technology (UK) Ltd. of the United Kingdom; Antigravity Batteries LLC of Gardena, CA; Arteck Electronic Co., Ltd. of China; ATD Tools, Inc. of Wentzville, MO; Autogen Technology Co., Ltd. of China; Aukey Technology Co., Ltd. of China; AutoZone, Inc. of Memphis, TN; Baccus Global LLC of Boca Raton, FL; Best Buy Co, Inc. of South Richfield, MN; Best Parts, Inc. of Memphis, TN; CarAIDE USA of Bala Cynwyd, PA; Chao Fung Trading Co. Ltd. of China (Taiwan); Circus Link, Inc. of Ontario, CA; Clore Automotive, LLC, Lenexa, KS; Deltona U.S.A. of DeLand, FL; Deltran USA, LLC of DeLand, FL; Dongguan Hangchebao Energy Technology Co., Ltd. of China; Dongguan Zhongkang Technology Electronics Co., Ltd. of China; Ecoliving Pty. Ltd. of Australia; Energen, Inc. of City of Industry, CA; FlyLink Tech Co., Ltd. of China; Gooloo Technologies LLC d/b/a Shenzhen Gooloo E-Commerce Co., Ltd. of China; Great Neck Global, Inc. (Taiwan) of Taiwan; Great Neck Saw Manufacturers, Inc. of Mineola, NY; Guangdong Boltpower Energy Co., Ltd. of China; Dongguan Boltpower Co. Ltd. of China; Hunan Boltpower New Energy Co., Ltd. of China; Guangdong Marshell Electric Vehicle Co., Ltd. of China; Guangzhou Autolion Electronic Technology Co., Ltd. of China; Guangzhou Unique Electronics Co., Ltd. of China; Hairishen Electric (Shenzhen) Co., Ltd. of China; Halo2Cloud, LLC of Hartford, CT; Horizon Tool, Inc. of Greensboro, NC; Huizhou Grepo E-Commerce of China; Huizhou Roypow Technology Co., Ltd. of China; Integrated Supply Network, LLC of Lakeland, FL; Just Quality Battery Industries Co. of Hong Kong; Just Quality Battery Industrial Co., Ltd. of China; K-Tool International of Plymouth, MI; Le Long Vietnam Co., Ltd. of Vietnam; Lowe's Companies, Inc. of Mooresville, NC; Matco Tools Corporation of Stow, OH; Medcursor, Inc. of Las Vegas, NV; Mizco International, Inc. of Avenel, NJ; MonoPrice, Inc. Brea, CA; National Automotive Parts Association, LLC (d/b/a NAPA) of Atlanta, GA; Genuine Parts Company of Atlanta, GA; National Resources USA, Inc. of Wilmington, New Castle, DE; Nekteck, Inc. of Anaheim, CA; Nex Digitronix LLP of India, Nice Team Enterprise Limited of Hong Kong; Nice Well Enterprise Limited of Hong Kong; Ningo Geostar Electronics Co., Ltd. of China; Ningbo Zenon Electrical Co., Ltd. of China; O'Reilly Automotive, Inc. of Springfield, MO; Paris Corporation of Wesampton, NJ; Pep Boys of Philadelphia, PA; PowerMax Battery (U.S.A.), Inc. of Ontario, CA; Prime Global Products, Inc. of Ball Ground, GA; QVC, Inc. of West Chester, PA; Schumacher Power Technology Ltd. of China; Schumacher Electric Corp of Mount Prospect, IL; Shenzhen Aojie Technology Co., Ltd. of China; Shenzhen BenRong Technology Co., Ltd. of China; Shenzhen Carku Technology Co., Ltd. of China; MigOwatt Group LLC (Russia Agent) of Russia; Shenzhen Chic Electrics., Ltd. of China; Shenzhen Dingjiang Technology Co. Ltd. LLC of China; Shenzhen Geilimei Technology Co., Ltd. of China; Shenzhen Gulin Power Technology Co. of China; Shenzhen Jiahongjing Technology Co., Ltd. of China; Shenzhen Jieqi Digital Technology Co., Ltd. of China; Shenzhen Jieruijia Technology Co., Ltd. of China; Shenzhen Lianfatong Technology Co., Ltd. of China; Shenzhen Lianke Electron Technology Co., Ltd. of China; Shenzhen Li Feng Maoyiyouxiangongsi of China; Shenzhen Mediatek Tong Technology Co., Ltd. of China; Shenzhen Moock Technology Co., Ltd. of China; Shenzhen Muke Technology Co., Ltd. of China; Shenzhen Pengfenghe Trading Co., Ltd. of China; Shenzhen PuChengWeiLai Technology of China; Shenzhen Shi Shenai Dianzishangwu Youxian Gongsi of China; Shenzhen Take Tools Co., Ltd. of China; Shenzhen Topdon Technology Co., Ltd. of China; Shenzhen Valuelink E-Commerce Co., Ltd. of China; Shenzhen Vigor PowerBatter Co., Ltd. of China; Shenzhen Winplus Technology Co., Ltd. of China; Shenzhen Xinzexing E-Commerce of China; Shenzhen Yike Electronics Co., Ltd. of China; Sictec Instruments Co., Ltd. of Hong Kong; Smartech Products, Inc. of Savage, MD; Smart Well International Development Limited of Hong Kong; Stanley Black & Decker, Inc. of New Britain, CT; Stanley Black & Decker Precision Manufacturing (Shenzhen) Co., Ltd. of China; Substanbo Innovations Technology, Ltd. of Hong Kong; Sunluxe Mfg. Co., Ltd. (Vietnam) of Vietnam; Sun Tech Ltd. of Hong Kong; ThiEYE Technologies Co., Ltd. of China; Tii Trading Inc. of Baldwin Park, CA; Walmart Inc. of Bentonville, AR; Wal-Mart Stores, Inc. of Bentonville, AR; Sam's West, Inc. (d/b/a Sam's Club) of Little Rock, AR; Sam's East, Inc. (d/b/a Sam's Club) of Little Rock, AR; Wilmar Corporation of Tukwila, WA; Winplus North America, Inc. of Costa Mesa, CA; Yuyao Keen New Power Co., Ltd. LLC of China; Zagg Co. Rrd Gst of Plainfield, IN; Zhejiang Quingyou Electronic Commerce Co., Ltd. of China; and 70mai Co., Ltd. of China. The complainant requests that the Commission issue a general exclusion order, cease and desist orders, and impose a bond upon respondents' alleged infringing articles during the 60-day Presidential review period pursuant to 19 U.S.C. 1337(j).

Proposed respondents, other interested parties, and members of the public are invited to file comments on any public interest issues raised by the complaint or § 210.8(b) filing. Comments should address whether issuance of the relief specifically requested by the complainant in this investigation would affect the public health and welfare in the United States, competitive conditions in the United States economy, the production of like or directly competitive articles in the United States, or United States consumers.

In particular, the Commission is interested in comments that:

(i) Explain how the articles potentially subject to the requested remedial orders are used in the United States;

(ii) identify any public health, safety, or welfare concerns in the United States relating to the requested remedial orders;

(iii) identify like or directly competitive articles that complainant, its licensees, or third parties make in the United States which could replace the subject articles if they were to be excluded;

(iv) indicate whether complainant, complainant's licensees, and/or third party suppliers have the capacity to replace the volume of articles potentially subject to the requested exclusion order and/or a cease and desist order within a commercially reasonable time; and

(v) explain how the requested remedial orders would impact United States consumers.

Written submissions on the public interest must be filed no later than by close of business, eight calendar days after the date of publication of this notice in the Federal Register. There will be further opportunities for comment on the public interest after the issuance of any final initial determination in this investigation. Any written submissions on other issues must also be filed by no later than the close of business, eight calendar days after publication of this notice in the Federal Register. Complainant may file replies to any written submissions no later than three calendar days after the date on which any initial submissions were due. Any submissions and replies filed in response to this Notice are limited to five (5) pages in length, inclusive of attachments.

Persons filing written submissions must file the original document electronically on or before the deadlines stated above. Submissions should refer to the docket number (“Docket No. 3526”) in a prominent place on the cover page and/or the first page. (See Handbook for Electronic Filing Procedures, Electronic Filing Procedures ^[1] ). Please note the Secretary's Office will accept only electronic filings during this time. Filings must be made through the Commission's Electronic Document Information System (EDIS, https://edis.usitc.gov.) No in-person paper-based filings or paper copies of any electronic filings will be accepted until further notice. Persons with questions regarding filing should contact the Secretary at [e-mail].

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. 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,^[2] solely for cybersecurity purposes. All nonconfidential written submissions will be available for public inspection at the Office of the Secretary and on EDIS.^[3]

This action is taken under the authority of section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and of §§ 201.10 and 210.8(c) of the Commission's Rules of Practice and Procedure (19 CFR 201.10, 210.8(c)).

By order of the Commission.

Issued: January 19, 2021.

William Bishop,

Supervisory Hearings and Information Officer.

Footnotes

1.  Handbook for Electronic Filing Procedures: https://www.usitc.gov/​documents/​handbook_​on_​filing_​procedures.pdf.

2.  All contract personnel will sign appropriate nondisclosure agreements.

3.  Electronic Document Information System (EDIS): https://edis.usitc.gov.