UNITED STATES INTERNATIONAL TRADE COMMISSION
`
`Washington, D.C.
`
`
`In the Matter of
`
`
`
`
`
`CERTAIN INDUSTRIAL AUTOMATION
`
`SYSTEMS AND COMPONENTS THEREOF
`
`INCLUDING CONTROL SYSTEMS,
`
`CONTROLLERS, VISUALIZATION
`
`HARDWARE, MOTION AND MOTOR
`
`CONTROL SYSTEMS, NETWORKING
`
`
`
`
`
`
`Investigation No. 337-TA-1074
`
`EQUIPMENT, SAFETY DEVICES, AND
`POWER SUPPLIES
`
`
`
`
`
`ISSUANCE OF A GENERAL EXCLUSION ORDER AND
`
`A CEASE AND DESIST ORDER; TERMINATION OF THE INVESTIGATION
`
`AGENCY:
`
`US. International Trade Commission.
`
`ACTION:
`
`Notice.
`
`SUMMARY: Notice is hereby given that the US. International Trade Commission has issued a
`general exclusion order (“GEO”) denying 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. The Commission has also issued a cease and desist order ..
`(“CDO”) directed to respondent Fractioni (Hongkong)thd. (“Fractioni”). The investigation is
`terminated.
`
`FOR FURTHER INFORMATION CONTACT: Houda Morad, Office of the General
`Counsel, US. 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 are or will be available for inspection during official business hours (8:45 am. to
`5:15 pm.) in the Office of the Secretary, US. International Trade Commission, 500 E Street
`S'W., Washington, D.C. 20436, telephone (202) 205-2000. General information concerning the
`Commission may also be obtained by accessing its Internet server at httgssflwww. usitc. gov. The
`public record for this investigation may be Viewed on the Commission’s electronic docket
`(EDIS) at httgs://edis.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, based on a complaint filed by Complainant Rockwell Automation, Inc. of
`Milwaukee, Wisconsin (“Complainant” or “Rockwell”). See 82 Fed. Reg. 48113-15 (Oct. 16,
`
`

`

`2017). The complaint, as supplemented, alleges 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 identifies fifteen respondents: Can Electric Limited of Guangzhou,
`China (“Can Electric”); Capnil (HK) Company Limited of Hong Kong (“Capnil”); Fractioni of
`Shanghai, China; 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. The Office of Unfair Import Investigations(“OUII”) is
`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”). See Order No. 17 (Feb. 1, 2018), unreviewed, Comm’n Notice (Feb. 26, 2018);
`Order No. 32 (June 28, 2018), unreviewed, Comm’n Notice (July 24, 2018). In addition, five
`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. See Order No. 41 (July 17, 2018), unreviewed, Comm’n Notice (Aug. 13, 2018); Order
`No. 42 (July 20, 2018), unreviewed, Comm’n Notice (Aug. 15, 2018).
`
`On October 23, 2018, the ALJ issued a final initial determination (“FID”) finding a
`violation of section 337 by the Defaulted Respondents based on the infringement of
`Complainant’s asserted trademarks, namely, U.S. Trademark Reg. Nos. 1172995, 696401,
`693780, 1172994, 712800, 712836, 2510226, 2671196, 2701786, and 2412742. The ALJ also
`recommended that the Commission: (1) issue a GEO; (2) issue a CD0 against defaulted
`respondent Fractioni; and (3) set a bond at 100% of the entered value of the infringing products
`during the period of Presidential review. No petitions for review of the subject FID were filed.
`
`On December 20, 2018, the Commission issued a notice determining not to review the
`FID. See 83 Fed. Reg. 67346-48 (Dec. 28, 2018). The Commission’s determination resulted in a
`finding of a section 337 violation. See id. The Commission’s notice also requested written
`submissions on remedy, the public interest, and bonding. On February 15, 2019, Complainant,
`and OUII submitted written submissions and on February 22, 2019, OUII submitted a reply
`submission in response to the Commission’s notice.
`
`

`

`As explained in the Commission’s Opinion issued concurrently herewith, the
`Commission has determined that the appropriate remedy in this investigation is: (1) 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, pursuant to 19 U.S.C. 1337(d)(2), and (2) a CD0 directed to defaulted
`respondent Fractioni, pursuant to 19 U.S.C. 1337(f)(1). The Commission has also determined
`that the bond during the period of Presidential review pursuant to 19 U.S.C. 1337(1) shall be in
`the amount of 100 percent of the entered value of the imported articles that are subject to the
`GEO. The Commission has further determined that the public interest factors enumerated in
`subsections 337(d)(1) and (f)(1) (19 U.S.C. 1337(d)(1), (f)(1)) do not preclude the issuance of
`the GEO and CD0.
`
`'
`
`Commissioner Schmidtlein disagrees with the Commission’s decision not to issue cease
`and desist orders against all of the defaulting respondents under section 337(g)(1), and her Views
`have been filed on EDIS.
`
`The Commission’s opinion and orders were delivered to the President and to the United
`States Trade Representative on the day of issuance.
`
`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: April 8, 2019
`
`Lisa R. Barton
`
`Secretary to the Commission
`
`

`

`CERTAIN INDUSTRIAL AUTOMATION SYSTEMS AND
`
`Inv. N0. 337-TA-1074
`
`COMPONENTS THEREOF INCLUDING CONTROL
`
`SYSTEMS, CONTROLLERS, VISUALIZATION
`
`HARDWARE, MOTION CONTROL SYSTEMS,
`
`NETWORKING EQUIPMENT, SAFETY DEVICES, AND
`POWER SUPPLIES
`
`PUBLIC CERTIFICATE OF SERVICE
`
`1, Lisa R. Barton, hereby certify that the attached NOTICE has been served by hand
`upon the Commission Investigative Attorney, Brian Koo, Esq., and the following parties as
`indicated, on April 8, 2019.
`
`Lisa R. Barton, Secretary
`US. International Trade Commission
`
`500 E Street, SW, Room 112
`Washington, DC 20436
`
`On Behalf of Com lainants Rockwell Automation Inc.:
`
`Adam D. Swain
`ALSTON & BIRD LLP
`950 F Street NW
`_
`Washington, DC 20004
`
`Respondents
`
`Fractioni (Hongkong) Ltd.
`#327 SlP_1ng Road
`ganglia 200092
`ma
`
`GreySolution Limited d/b/a Fibica
`Unit B601, 6/F Block A
`Universal Ind. Ctr.
`
`19-25 Shan Mei St Sha Tin,
`Fo Tan, Hong Kong
`
`KBS Electronics Suzhou Co, Ltd.
`Block 7&43, No. 328 Hengyong Road,
`Jiading district, Shanghai, China, 201806
`
`D Via Hand Delivery
`Cl Via Express Delivery
`Via First Class Mail
`D Other:
`
`El Via Hand Delivery
`D Via Express Delivery
`Via First Class Mail
`D Other:
`
`D Via Hand Delivery
`
`D Via Express Delivery
`Via First Class Mail
`
`El Other:
`
`D Via Hand Delivery
`El Via Express Delivery
`IZI Via First Class Mail
`
`Cl Other:
`
`

`

`CERTAIN INDUSTRIAL AUTOMATION SYSTEMS AND
`
`Inv. No. 337-TA—1074
`
`COMPONENTS THEREOF INCLUDING CONTROL
`
`SYSTEMS, CONTROLLERS, VISUALIZATION
`HARDWARE, MOTION CONTROL SYSTEMS,
`NETWORKING EQUIPMENT, SAFETY DEVICES, AND
`POWER SUPPLIES
`
`Certificate of Service — Page 2
`
`Shanghai EuoSource Electronic Co., Ltd
`Block 43, No. 328, Hengyong Road
`Jiading District
`Shanghai, China 201806
`
`ShenZhen T-Tide Trading co., Ltd.
`Room A-6OS, Block.lexi.
`Minle industrial park
`Mei Ban Road '
`
`Longhua District, Shcnzhen 51803 1
`China
`
`SOBuyCommercial (HK) Co. Limited
`Flat B G/F Yeung Yiu Chung (No. 6)
`Ind. Bldg. No. 19 Chetmg Shun Street
`Lai Chi Kok Kowloon
`
`Hong Kong
`
`Suzhou Yi Micro Optical CO., Ltd.
`d/b/a Suzhou Yiwei Guangxue Youxiangongsi
`d/b/a Easy Micro-optics CO. LTD.
`Office Building 5F, 91 Weixin Rd
`Suzhou, SIP, Jiangsu
`China, 21 5021
`
`Yaspro Electronics (Shanghai) Co., Ltd.
`Room 1808E,,No. 488, Vaohua Road
`Pudong New District
`Shanghai, China
`
`Can Electric Limited
`
`No. 2 Danan Rd, Yueziu District
`Guangzhou, Guangdong, 5 101 15
`China
`
`|:| Via Hand Delivery
`
`|:| Via Express Delivery
`Via First Class Mail
`2 D Other:
`
`E! Via Hand Delivery
`
`El Via Express Delivery
`Via First Class Mail
`
`D Other:
`
`El Via Hand Delivery
`
`|:| Via Express Delivery
`IE Via First Class Mail
`
`C] Other:
`
`Cl Via Hand Delivery
`
`Cl Via Express Delivery
`Via First Class Mail
`
`|:| Other:
`
`D Via Hand Delivery
`
`El Via Express Delivery
`Via First Class Mail
`
`[:1 Other:
`
`[:1 Via Hand Delivery
`
`1:] Via Express Delivery
`El Via First Class Mail
`
`CI Other:
`
`