In the Matter 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
`
`Investigation No. 337-TA-1074
`
`Publication 4982
`September 2019
`U.S. International Trade Commission
`
`Washington, DC 20436
`
`

`

`U.S. International Trade Commission
`
`COMMISSIONERS
`
`David Johanson, Chairman
`Irving Williamson, Commissioner
`Meredith Broadbent, Commissioner
`Rhonda Schmidtlein, Commissioner
`Jason Kearns, Commissioner
`
`Address all communications to
`Secretary to the Commission
`United States International Trade Commission
`Washington, DC 20436
`
`

`

`U.S. International Trade Commission
`
`Washington, DC 20436
`www.usitc.gov
`
`In the Matter 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
`
`Investigation No. 337-TA-1074
`
`Publication 4982
`
`September 2019
`
`

`

`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
`EQUIPMENT, SAFETY DEVICES, AND
`POWER SUPPLIES
`
`.
`.
`Investigation N0. 337-TA-1074
`
`ISSUANCE OF A GENERAL EXCLUSION ORDER AND
`A CEASE AND DESIST ORDER; TERMINATION OF THE INVESTIGATION
`
`AGENCY:
`
`U.S. Intemational Trade Commission.
`
`ACTION:
`
`Notice.
`
`SUMMARY: Notice is hereby given that the U.S. Intemational 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) Ltd. (“Fractioni”). The investigation is
`terminated.
`
`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 are or will be available for inspection during official business hours (8:45 a.m. to
`5:15 p.m.) in the Office of the Secretary, U.S. International Trade Commission, 500 E Street
`SW., Washington, D.C. 20436, telephone (202) 205-2000. General information conceming the
`Commission may also be obtained by accessing its Internet server at httgs."//www.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,
`
`1
`
`

`

`2017). The complaint, as supplemented, alleges violations of section 337 based on the
`infringement ofcertain 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 (“GreySo1uti0n”); 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 (“Radwe1l”); 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, GreySo1ution, 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 CDO 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 Com1nission’s determination resulted in a
`finding of a section 337 violation. See id. The Comrnission’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.
`
`2
`
`

`

`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. l337(d)(2), and (2) a CDO 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. l337(j) 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)(l) and (f)(1) (19 U.S.C. l337(d)(l), (f)(l)) do not preclude the issuance of
`the GEO and CDO.
`
`Commissioner Schmidtlein disagrees with the Comrnission’s decision not to issue cease
`and desist orders against all of the defaulting respondents under section 337(g)(l), and her views
`have been filed 011EDIS.
`
`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
`TariffAct of 1930, as amended (19 U.S.C. 1337), and in part 210 ofthe 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
`
`3
`
`

`

`CERTAIN INDUSTRIAL AUTOMATION SYSTEMS AND
`COMPONENTS THEREOF INCLUDING CONTROL
`SYSTEMS, CONTROLLERS, VISUALIZATION
`HARDWARE, MOTION CONTROL SYSTEMS,
`NETWORKING EQUIPMENT, SAFETY DEVICES, AND
`POWER SUPPLIES
`
`PUBLIC CERTIFICATE OF SERVICE
`
`Inv. N0. 337-TA-1074
`
`I, Lisa R. Barton, hereby certify that the attached NOTICE has been served by hand
`upon the Commission Investigative Attorney, Brian K00, Esq., and the following parties as
`indicated, on April 8, 2019.
`
`W%@
`
`Lisa R. Barton, Secretary
`U.S. International Trade Commission
`S00 E Street, SW, Room 112
`Washington, DC 20436
`
`On Behalf of Complainants Rockwell Automation. Inc.:
`
`Adam D. Swain
`ALSTON & BIRD LLP
`950 F Street NW
`Washington, DC 20004
`
`Respondents
`
`Fractioni (Hongkong) Ltd.
`#327 Siping Road
`Shanghai 200092
`China
`
`GreyS0lution 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 C0, Ltd.
`Block 7&43, No. 328 Hengyong Road,
`Jiading district, Shanghai, China, 201806
`
`U Via Hand Delivery
`CI Via Express Delivery
`EX]Via First Class Mail
`E] Other:
`
`1:1Via Hand Delivery
`Cl Via Express Delivery
`Via First Class Mail
`El Other:
`
`U Via Hand Delivery
`CI Via Express Delivery
`Via First Class Mail
`CI Other:
`
`U Via Hand Delivery
`[II Via Express Delivery
`Via First Class Mail
`El Other:
`
`

`

`CERTAIN INDUSTRIAL AUTOMATION SYSTEMS AND
`COMPONENTS THEREOF INCLUDING CONTROL
`SYSTEMS, CONTROLLERS, VISUALIZATION
`HARDWARE, MOTION CONTROL SYSTEMS,
`NETWORKING EQUIPMENT, SAFETY DEVICES, AND
`POWER SUPPLIES
`
`Inv. N0. 337-TA-1074
`
`Certificate of Service —Page 2
`
`Shanghai Eu0Source Electronic C0., Ltd
`Block 43, No. 328, Hengyong Road
`Jiading District
`Shanghai, China 201806
`
`ShenZhen T-Tide Trading 00., Ltd.
`Room A-60S, B1ock.1exi.
`Minle industrial park
`Mei Ban Road '
`Longhua District, Shcnzhen 51803 1
`China
`
`SOBuyCommercial (HK) C0. Limited
`Flat B G/F Yeung Yiu Chung (No. 6)
`Ind. Bldg. N0. 19 Chetmg Shun Street
`Lai Chi Kok Kowloon
`Hong Kong
`
`Suzhou Yi Micro Optical C0., Ltd.
`d/b/a Suzhou Yiwei Guangxue Youxiangongsi
`d/b/a Easy Micro-optics C0. LTD.
`Office Building SF, 91 Weixin Rd
`Suzhou, SIP, Jiangsu
`China, 21 5021
`
`Yaspro Electronics (Shanghai) C0., Ltd.
`Room 1808E,,No. 488, Vaohua Road
`Pudong New District
`Shanghai, China
`
`Can Electric Limited
`No. 2 Danan Rd, Yueziu District
`Guangzhou, Guangdong, 5101 15
`China
`I
`
`U Via Hand Delivery
`U Via Express Delivery
`Via First Class Mail
`U Other:
`
`III Via Hand Delivery
`Cl Via Express Delivery
`E Via First Class Mail
`El Other:
`
`l:l Via Hand Delivery
`U Via Express Delivery
`@ Via First Class Mail
`U Other:
`
`U Via Hand Delivery
`l:l Via Express Delivery
`Via First Class Mail
`III Other:
`
`U Via Hand Delivery
`U Via Express Delivery
`Via First Class Mail
`El Other:
`
`Cl Via Hand Delivery
`U Via Express Delivery
`E Via First Class Mail
`III Other:
`
`

`

`UNITED STATES INTERNATIONAL TRADE COMMISSION
`
`Washington, DC
`
`In the Matter 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
`
`1"“ N°' 337‘TA‘107"
`
`GENERAL EXCLUSION ORDER
`
`The Commission has detennined that there is a violation of Section 337 of the Tariff Act
`
`of 1930, as amended (19 U.S.C. § 1337), in the unlawful importation, sale for importation, or
`
`sale within the United States after importation 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 are
`
`covered by one or more of U.S. Trademark Registration Nos. 1,172,995; 696,401; 693,780;
`
`1,172,994; 712,800; 712,836; 2,510,226; 2,671,196; 2,701,786; and 2,412,742 (collectively,
`
`“Assorted Trademarks”).
`
`Having reviewed the record of this investigation, including the written submissions of the
`
`parties, the Commission has made its determination on the issues of remedy, the public interest,
`
`and bonding. The Corrnnission has detennined pursuant to 19 U.S.C. § 1337(d)(2), that a
`
`general exclusion from entry for consumption is necessary (1) to prevent circumvention of an
`
`exclusion order limited to products of named persons or entities and (2) because there is a pattern
`
`of violation of section 337 and it is difficult to identify the source of infringing products.
`
`

`

`Accordingly, the Commission has determined to issue a general exclusion order prohibiting the
`
`unlicensed entry of 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 one or more of the Asserted
`
`Trademarks.
`
`The Commission has also determined that the public interest factors enumerated in
`
`19 U.S.C. § l337(d)(l) do not preclude the issuance of the general exclusion order. The
`
`Commission has further determined that a bond in the amount of 100% of the entered value of
`
`the infringing articles will be required during the period of Presidential review.
`
`Accordingly, the Commission hereby ORDERS that:
`
`1.
`
`I
`
`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 one or
`
`more of the Asserted Trademarks (“infringing articles”) are excluded from entry
`
`for consumption into the United States, entry for consumption from a foreign
`
`trade zone, or withdrawal from a warehouse for consumption, except under
`
`license of the trademark owner or as provided by law, Lmtilsuch date as the
`
`Asserted Trademarks are abandoned, canceled, or rendered invalid or
`
`unenforceable.
`
`2.
`
`Notwithstanding paragraph l of this Order, infringing articles are entitled to entry
`
`into the United States for consumption, entry for consumption from a foreign­
`
`trade zone, or withdrawal from a warehouse for consumption under bond in the
`
`amount of one hundred (100) percent of the entered value of the infringing
`
`2
`
`

`

`products pursuant to subsection (i) of Section 337 (19 U.S.C. § l337(j)) and the
`
`Presidential Memorandum for the United States Trade Representative of July 21,
`
`2005 (70 Fed. Reg. 43251), fiom the day after this Order is received by the United
`
`States Trade Representative until such time as the United States Trade
`
`Representative notifies the Commission that this Order is approved or
`
`disapproved but, in any event, not later than sixty (60) days after the date of
`
`receipt of this Order. All entries of infringing articles made pursuant to this
`
`paragraph are to be reported to U.S. Customs and Border Protection (“CBP”) in
`
`advance of the date of the entry, pursuant to procedures CBP establishes.
`
`At the discretion of CBP and pursuant to procedures that it establishes, persons
`
`seeking to import infringing articles that are potentially subject to this Order may
`
`be required to certify that they are familiar with the terms of this Order, that they
`
`have made appropriate inquiry, and thereupon state that, to the best of their
`
`knowledge and belief, the products being imported are not excluded from entry
`
`under paragraph 1 of this Order. At its discretion, CBP may require persons who
`
`have provided the certification described in this paragraph to furnish such records
`
`or analyses as are necessary to substantiate the certification.
`
`In accordance With 19 U.S.C. § 1337(1),the provisions of this Order shall not
`
`apply to infringing articles imported by and for the use of the United States, or
`
`imported for, and to be used for, the United States with the authorization or
`
`consent of the Government.
`
`3
`
`

`

`5.
`
`The Commission may modify this Ord
`
`er in accordance with the procedures
`
`described in sectio
`
`n 210.76 of the Commissi0n’s Rules of Practice and Procedure
`
`(19 C.F.R. § 210.76).
`
`6.
`
`7.
`
`d
`The Secretary shall serve copies of this Or er upo
`
`n each party of record in this
`
`investigation and upon CBP.
`
`Notice of this Order shall be published in the Federal Register.
`
`By order of the Commission.
`
`Issued: April 8, 2019
`
`Lisa R. Barton
`Secretary to the Commission
`
`4
`
`

`

`CERTAIN INDUSTRIAL AUTOMATION SYSTEMS AND
`COMPONENTS THEREOF INCLUDING CONTROL
`SYSTEMS, CONTROLLERS, VISUALIZATION
`HARDWARE, MOTION CONTROL SYSTEMS,
`NETWORIGNG EQUIPMENT, SAFETY DEVICES, AND
`POWER SUPPLIES
`
`PUBLIC CERTIFICATE OF SERVICE
`
`Inv. No. 337-TA-1074
`
`I, Lisa R. Barton, hereby certify that the attached ORDER has been served by hand upon
`the Commission Investigative Attorney, Brian Koo, Esq., and the following parties as indicated,
`on April 9, 2019.
`
`fi*Z@
`
`Lisa R. Barton, Secretary
`U.S. International Trade Commission
`500 E Street, SW, Room 112
`Washington, DC 20436
`
`On Behalf of Complainants Rockwell Automation, Inc.:
`
`Adam D. Swain
`ALSTON & BIRD LLP
`950 F Street NW
`Washington, DC 20004
`
`Respondents
`
`Fractioni (Hongkong) Ltd.
`#327 Siping Road
`Shanghai 200092
`China
`
`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
`
`CI Via Hand Delivery
`Via Express Delivery
`U Via First Class Mail
`El Other:
`
`U Via Hand Delivery
`Via Express Delivery
`U Via First Class Mail
`III Other:
`
`l:l Via Hand Delivery
`Via Express Delivery
`U Via First Class Mail
`U Other:
`
`U Via Hand Delivery
`Via Express Delivery
`D Via First Class Mail
`[:1 Other:
`
`

`

`CERTAIN"INDUSTRIAL AUTOMATION SYSTEMS AND
`COMPONENTS THEREOF INCLUDING CONTROL
`SYSTEMS, CONTROLLERS, VISUALIZATION
`HARDWARE, MOTION CONTROL SYSTEMS,
`NETWORKING EQUIPMENT, SAFETY DEVICES, AND
`POWER SUPPLIES
`
`Inv. N0. 337-TA-1074
`
`Certificate of Service —Page 2
`
`Shanghai EuoSource Electronic Co., Ltd
`Block 43, N0. 328, Hengyong Road
`Jiading District
`Shanghai, China 201806
`
`ShenZhen T-Tide Trading co., Ltd.
`Room A-60S, Block.lexi.
`Minle industrial park
`Mei Ban Road ’
`Longhua District, Shcnzhen 51803 l
`China
`
`SOBuyCommercial (HK) Co. Limited
`Flat B G/F Yeung Yiu Chung (No. 6)
`Ind. Bldg. No._l9 Chetmg Shun Street
`Lai Chi Kok Kowloon
`Hong Kong
`
`Suzhou Yi Micro Optical C0., 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, 215021
`
`Yaspro Electronics (Shanghai) Co., Ltd.
`Room l808E,,No. 488, Vaohua Road
`Pudong New District
`Shanghai, China
`
`Can Electric Limited
`No. 2 Danan Rd, Yueziu District
`Guangzhou, Guangdong, 5 101 15
`China
`
`U Via Hand Delivery
`Via Express Delivery
`U Via First Class Mail
`U Other:
`
`U Via Hand Delivery
`Via Express Delivery
`U Via First Class Mail
`U Other:
`
`El Via Hand Delivery
`Via Express Delivery
`III Via First Class Mail
`U Other:
`
`III Via Hand Delivery
`Via Express Delivery
`U Via First Class Mail
`III Other:
`
`III Via Hand Delivery
`Via Express Delivery
`III Via First Class Mail
`III Other:
`
`III Via Hand Delivery
`Via Express Delivery
`1:1Via First Class Mail
`II! Other:
`
`

`

`UNITED STATES INTERNATIONAL TRADE COMMISSION
`
`Washington, DC
`
`In the Matter 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
`
`Inv. No. 337-TA-1074
`
`CEASE AND DESIST ORDER
`
`IT IS HEREBY ORDERED THAT Fractioni (Hongkong) Ltd. of Shanghai, China,
`
`cease and desist tiom conducting any of the following activities in the United States: importing,
`
`selling, offering for sale, marketing, advertising, distributing, transferring (except for
`
`exportation), and soliciting United States agents or distributors for 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 one or more of U.S. Trademark Registration Nos. 1,172,995; 696,401; 693,780;
`
`1,172,994; 712,800; 712,836; 2,510,226; 2,671,196; 2,701,786; and 2,412,742 (collectively, “the
`
`Asserled Trademarks”), in violation of Section 337 of the Tariff Act of 1930, as amended, 19
`
`U.S.C. § 1337.
`
`I.
`
`Definitions
`
`As used in this order:
`
`(A)
`
`(B)
`
`“Commission” shall mean the United States International Trade Commission.
`
`“Complainant” shall mean Rockwell Automation, Inc. of Milwaukee, Wisconsin.
`
`1
`
`

`

`(C)
`
`“Respondent” shall mean Fractioni (Hongkong) Ltd. of Shanghai, China.
`
`(D)
`
`“Person” shall mean an individual, or any non-govemmental partnership, firm,
`
`association, corporation, or other legal or business entity or its majority-owned or
`
`controlled subsidiaries, successors, or assigns.
`
`(E)
`
`“United States” shall mean the fifty States, the District of Columbia, and
`
`Puerto Rico.
`
`(F)
`
`The terms “import” and “importation” refer to importation for entry for
`
`consumption under the customs laws of the United States.
`
`(G)
`
`The term “covered products” shall mean 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 one or more of the Asserted
`
`Trademarks.
`
`II.
`
`Applicability
`
`The provisions of this Cease and Desist Order shall apply to Respondent and to any of its
`
`principals, stockholders, officers, directors, employees, agents, distributors, controlled (whether
`
`by stock Ownership or otherwise) and majority-owned business entities, successors, and assigns,
`
`and to each of them, insofar as they are engaging in conduct prohibited by section III, infra, for,
`
`with, or otherwise on behalf of, Respondent.
`
`III.
`
`Conduct Prohibited
`
`The following conduct of Respondent in the United States is prohibited by this Order.
`
`While the Asserted Trademarks remain valid and enforceable, Respondent shall not:
`
`2
`
`

`

`(A)
`
`import, sell for importation, or sell after importation into the United States
`
`covered products;
`
`(B)
`
`market, distribute, offer for sale, or otherwise transfer (except for exportation) in
`
`(C)
`
`(D)
`
`(E)
`
`the United States imported covered products;
`
`advertise imported covered products;
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`solicit U.S. agents or distributors for imported covered products; or
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`aid or abet other entities in the importation, sale for importation, sale after
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`importation, transfer, or distribution of covered products.
`
`IV.
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`Conduct Permitted
`
`Notwithstanding any other provision of this Order, specific conduct otherwise prohibited
`
`by the terms of this Order shall be permitted if, in a written instrument, the owner of the Asserted
`
`Trademarks licenses or authorizes such specific conduct, or such specific conduct is related to
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`the importation or sale of covered products by or for the United States, as applicable.
`
`V.
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`Reporting
`
`For purposes of this requirement, the reporting periods shall commence on January 1 of
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`each year and shall end on the subsequent December 31. The first report required under this
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`section shall cover the period from the date of issuance of this order through December 31, 2019.
`
`This reporting requirement shall continue in force until such time as Respondent has truthfully
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`reported, in two consecutive timely filed reports, that it has no inventory of covered products in
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`the United States.
`
`Within thirty (30) days of the last day of the reporting period, Respondent shall report to
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`the Commission: (a) the quantity in units and the value in dollars of covered products that it has
`
`(i) imported and/or (ii) sold in the United States after importation during the reporting period,
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`3
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`and (b) the quantity in units and value in U.S. dollars of reported covered products that remain in
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`inventory in the United States at the end of the reporting period.
`
`When filing written submissions, Respondent must file the original document
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`electronically on or before the deadlines stated above and submit eight (8) true paper copies to
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`the Office of the Secretary by noon the next day pursuant to section 210.4(f) of the
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`Commission’s Rules of Practice and Procedure (19 C.F.R. § 2l0.4(t)). Submissions should refer
`
`to the investigation number (“Inv. No. 337-TA-1074”) in a prominent place on the cover pages
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`and/or the first page. See Handbook for Electronic Filing Procedures,
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`http://www.usitc.gov/secretary/fed_reg_notices/rules/handbook_on_electronic_filing.pdf
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`Persons with questions regarding filing should contact the Secretary (202-205-2000). If
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`Respondent desires to submit a document to the Commission in confidence, it must file the
`
`original and a public version of the original with the Office of the Secretary and must serve a
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`copy of the confidential version on Complainant’s counsel}
`
`Any failure to make the required report or the filing of any false or inaccurate report shall
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`constitute a violation of this Order, and the submission of a false or inaccurate report may be
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`referred to the U.S. Department of Justice as a possible criminal violation of 18 U.S.C. § 1001.
`
`VI.
`
`Record-Keeping and Inspection
`
`(A)
`
`For the purpose of securing compliance with this Order, Respondent shall retain
`
`any and all records relating to the sale, offer for sale, marketing, or distribution in the United
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`States of covered products, made and received in the usual and ordinary course of business,
`
`1Complainant must file a letter with the Secretary identifying-the attomey to receive reports and
`bond information associated with this Order. The designated attorney must be on the protective
`order entered in the investigation.
`
`4
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`

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`whether in detail or in summary form, for a period of three (3) years from the close of the fiscal
`
`year to which they pertain.
`
`(B)
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`For the purposes of determining or securing compliance with this Order and for
`
`no other purpose, subject to any privilege recognized by the federal courts of the United States,
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`and upon reasonable written notice by the Commission or its staff, duly authorized
`
`representatives of the Commission shall be permitted access and the right to inspect and copy, in
`
`Resp0ndent’s principal offices during office hours, and in the presence of counsel or other
`
`representatives if Respondent so chooses, all books, ledgers, accounts, correspondence,
`
`memoranda, and other records and documents, in detail and in summary form, that must be
`
`retained under subparagraph VI(A) of this Order.
`
`,
`
`VII.
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`Service of Cease and Desist Order
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`Respondent is ordered and directed to:
`
`(A)
`
`Serve, Within fifteen (15) days after the effective date of this Order, a copy of this
`
`Order upon each of its respective officers, directors, managing agents, agents, and employees
`
`who have any responsibility for the importation, marketing, distribution, or sale of imported
`
`covered products in the United States;
`
`(B)
`
`Serve, within fifteen (15) days after the succession of any persons referred to in
`
`subparagraph VII(A) of this Order, a copy of the Order upon each successor; and
`
`(C) Maintain such records as will show the name, title, and address of each person
`
`upon whom the Order has been served, as described in subparagraphs VII(A) and VII(B) of this
`
`Order, together with the date on which service was made.
`
`5
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`.
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`

`

`The obligations set forth in subparagraphs VII(B) and VII (C) shall remain in effect until
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`the Asserted Trademarks have been abandoned, canceled, or rendered invalid or unenforceable.
`
`VIII. Confidentiality
`
`Any request for confidential treatment of information obtained by the Commission
`
`pursuant to section V of this Order should be made in accordance with section 201.6 of the
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`Commission’s Rules of Practice and Procedure (19 C.F.R. § 201.6). For all reports for which
`
`confidential treatment is sought, Respondent must provide a public version of such report with
`
`confidential information redacted.
`
`IX.
`
`Enforcement
`
`Violation of this order may result in any of the actions specified in section 210.75 of the
`
`Commission’s Rules of Practice and Procedure (19 C.F.R. § 210.75), including an action for
`
`civil penalties under section 337(f) of the Tariff Act of 1930 (19 U.S.C. § l337(f)), as well as
`
`any other action that the Commission deems appropriate. In determining whether Respondent is
`
`in violation of this order, the Commission may infer facts adverse to Respondent if it fails to
`
`provide adequate or timely information.
`
`X.
`
`Modification
`
`The Commission may amend this Order on its own motion or in accordance with the
`
`procedure described in section 210.76 of the Commission’s Rules of Practice and Procedure
`
`(19 C.F.R. § 210.76).
`
`XI.
`
`Bonding
`
`The conduct prohibited by section III of this order may be continued during the sixty-day
`
`period in which this Order is under review by the United States Trade Representative, as
`
`delegated by the President (70 Fed. Reg. 43251 (Jul. 21, 2005)), subject to Respondent posting of
`
`6
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`

`

`a bond in the amount of 100 percent of the entered value of the covered products. This bond
`
`provision does not apply to conduct that is otherwise permitted by section IV of this Order.
`
`Covered products imported on or after the date of issuance of this Order are subject to the entry
`
`bond as set forth in the exclusion order issued by the Commission, and are not subject to this
`
`bond provision.
`
`The bond is to be posted in accordance with the procedures established by the
`
`Commission for the posting of bonds by complainants in connection with the issuance of
`
`temporary exclusion orders. See 19 C.F.R. § 210.68. The bond and any accompanying
`
`documentation are to be provided to and approved by the Cormnission prior to the
`
`commencement of conduct that is otherwise prohibited by section Ill of this Order. Upon the
`
`Secretary’s acceptance of the bond, (a) the Secretary will serve an acceptance letter on all
`
`parties, and (b) Respondent must serve a copy of the bond and accompanying documentation on
`
`Complainant’s counsel?
`
`The bond is to be forfeited in the event that the United States Trade Representative
`
`approves this Order (or does not disapprove it within the review period), unless (i) the U.S. Court
`
`of Appeals for the Federal Circuit, in a fnal judgment, reverses any Commission fnal
`
`determination and order as to Respondent on appeal, or (ii) Respondent exports or destroys the
`
`products subject to this bond and provides certification to that effect that is satisfactory to the
`
`Commission.
`
`This bond is to be released in the event the United States Trade Representative
`
`disapproves this Order and no subsequent order is issued by the Commission and approved (or
`
`not disapproved) by the United States Trade Representative, upon service on Respondent of an
`
`2 See Footnote l.
`
`7
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`

`

`order issued by the Commission based upon application therefore made by Respondent to the
`
`Commission.
`
`'
`
`By order of the Commission. flfia
`
`Lisa R. Barton
`Secretary to the Commission
`
`Issued: April 8, 2019
`
`8
`
`

`

`CERTAIN INDUSTRIAL AUTOMATION SYSTEMS AND
`COMPONENTS THEREOF INCLUDING CONTROL
`SYSTEMS, CONTROLLERS, VISUALIZATION
`HARDWARE, MOTION CONTROL SYSTEMS,
`NETWORKING EQUIPMENT, SAFETY DEVICES, AND
`POVVERSUPPLIES
`
`PUBLIC CERTIFICATE OF SERVICE
`
`Inv. No. 337-TA-1074
`
`I, Lisa R. Barton, hereby certify that the attached ORDER has been sen/ed by hand upon
`the Commission Investigative Attorney, Brian Koo, Esq., and the following parties as indicated,
`on April 9, 2019.
`
`Lisa R. Barton, Secretary
`U.S. International Trade Commission
`500 E Street, SW, Room 112
`Washington, DC 20436
`
`On Behalf of Complainants Rockwell Automation. Inc.:
`
`Adam D. Swain
`ALSTON & BIRD LLP
`950 F Street NW
`Washington, DC 20004
`
`Respondents
`
`Fractioni (Hongkong) Ltd.
`#327 Siping Road
`Shanghai 200092
`China
`
`GreySolution Limited d/b/a Fibica
`Unit B601, 6/F Block A
`Universal Ind. Ctr.
`19-25 Shan Mei St Sha Tin,
`F0 Tan, Hong Kong
`
`KBS Electronics Suzhou Co, Ltd.
`Block 7&43, No. 328 Hengyong Road,
`Jiading district, Shanghai, China, 201806
`
`El Via Hand Delivery
`Via Express Delivery
`III Via First Class Mail
`U Other:
`
`III Via Hand Delivery
`El Via Express Delivery
`U Via First Class Mail
`III Other:
`'
`
`U Via Hand Delivery
`Via Express Delivery
`Cl Via First Class Mail
`U Other:
`
`III Via Hand Delivery
`Via Express Deliver