Paul M. Bartkowski
`Tel: (571) 533-3581
`pbartkowski@bartkowskipllc.com
`
`
`
`
`December 19, 2024
`
`
`VIA EDIS
`
`Ms. Amy A. Karpel
`Chair
`U.S. International Trade Commission
`500 E Street, S.W.
`Washington, DC 20436
`
`Re:
`
`In the Matter of Certain Icemaking Machines and Components Thereof,
`Inv. No. 337-TA-1369
`
`
`Dear Chair Karpel:
`
`Complainant Hoshizaki America, Inc. respectfully submits this letter motion seeking leave to
`provide out of time additional remedy information requested by the Commission in its Notice of a
`Commission Determination to Review a Final Initial Determination Finding a Violation of Section
`337 (“Notice”). Complainant inadvertently failed to include certain remedy information requested
`in the Notice, specifically, proposed remedial orders for the Commission’s consideration, the dates
`the Asserted Patents expire, HTSUS subheadings under which the Accused Products are imported,
`and identification information for all known importers of the products at issue in this investigation.
`That information is provided herein.
`
`Complainant notified Respondents of its intent to file this letter motion for leave on Wednesday,
`December 18, 2024. Respondents do not oppose Complainant’s motion for leave provided that
`Complainant redlines the proposed remedial orders included in Respondents’ briefing rather than
`submit new proposed orders. Consistent with Respondents’ request, and to identify the disputed
`issues between the parties’ proposed remedial orders, Complainant therefore includes, as
`attachments to this letter, redlines of the proposed remedial orders submitted by Respondents.
`
`Complainant submits good cause exists to grant this request and accept the requested information
`out of time. In particular, granting leave will complete the record and provide the Commission
`with information that it specifically requested and that is relevant to the requested remedial orders.
`The Commission’s final determination is due on February 13, 2025, leaving the Commission
`ample time to consider the information provided by Complainant before issuing any remedial
`orders.
`
`There is no prejudice to any party, and Respondents do not oppose Complainant’s motion seeking
`leave to provide the information contained herein. Notably, based on counsel’s review of the
`record, this is the first instance of Complainant asking for leave to meet a deadline out of time in
`this Investigation. Complainant Hoshizaki respectfully requests that the Commission grant leave
`to accept the information detailed below. See, e.g., Certain Marine Air Conditioning Systems,
`Components Thereof, and Products Containing Same, Inv. No. 337-TA-1346, Letter Granting
`
`6803 Whittier Ave., Suite 200A, McLean, VA 22101 Tel: (571) 533-3581 Fax: (571) 775-3883 www.bartkowskipllc.com
`
`
`
`

`

`December 19, 2024
`Page 2
`
`Request for Leave to File Out of Time (Jan. 9, 2024) (granting Complainant leave to file out of
`time the summary of its petition for review).
`
`Complainant hereby provides the following information requested by the Commission in the
`Notice:
`
`Proposed remedial orders: As noted, Complainant includes, as attachments to this letter, redlined
`versions of the proposed remedial orders submitted by Respondents.
`
`Dates the Asserted Patents Expire: As set forth in the Complaint, the Asserted Patents expire as
`follows:
` The ’538 Patent expires on September 21, 2035;
` The ’785 Patent expires on September 10, 2033;
` The ’692 Patent expires on September 10, 2033.
`
`
`HTSUS Subheadings for the Accused Products: The HTSUS subheading for the Accused
`Products is 8418.69.0110.
`
`Known Importers of the Products at issue in this Investigation: The parties filed a Joint
`Stipulation Regarding Importation and Inventory on March 28, 2024. EDIS Doc. ID 817100. In
`view of that Stipulation, minimal discovery was conducted regarding importation of the Accused
`Products. Based on the limited discovery, Complainant is not aware of any known third-party
`importers of the Accused Products.
`
`For the reasons set forth above, and in the interest of the Commission having a fulsome record of
`the requested information relevant to the potential remedial orders, Complainant respectfully
`requests the Commission grant this request and accept out of time the additional remedy
`information provided herein that was requested by the Commission.
`
`
`Respectfully Submitted,
`
`/s/ Paul M. Bartkowski
`Paul M. Bartkowski
`Counsel for Complainant
`Hoshizaki America, Inc.
`
`
`
`
`
`
`
`
`
`Attachments: Redline of Proposed Remedial Orders submitted by Respondents
`Cc: Service List
`
`6803 Whittier Ave., Suite 200A, McLean, VA 22101 Tel: (571) 533-3581 Fax: (571) 775-3883 www.bartkowskipllc.com
`
`

`

`CERTIFICATE OF SERVICE
`
`
`
`I, Laurie Ouchida, hereby certify that on December 19, 2024, copies of the foregoing
`were filed with and served upon the following as indicated:
`
`
`
` VIA EDIS
`
`Lisa R. Barton
`Secretary to the Commission
`U.S. INTERNATIONAL TRADE COMMISSION
`500 E Street, SW, Room 112
`Washington, D.C. 20436
`
`The Honorable Clark S. Cheney
`Chief Administrative Law Judge
`U.S. INTERNATIONAL TRADE COMMISSION
`500 E Street, S.W., Room 317
`Washington, D.C. 20436
`
`Benjamin S. Richards
`Office of General Counsel
`U.S. INTERNATIONAL TRADE COMMISSION
`500 E Street, S.W.
`Washington, D.C. 20436
`COUNSEL FOR RESPONDENT BLUE AIR FSE LLC AND BLUENIX CO., LTD.:
`
`Eric S. Namrow
`Hosang Lee
`Stephanie L. Roberts
`Kandis C. Gibson
`Kevin J. Spinella
`Morgan, Lewis & Bockius LLP
`1111 Pennsylvania Ave., NW
`Washington, DC 20004
`
`Tae-Woong Koo, Ph.D.
`Gennadiy Loznev
`Morgan, Lewis & Bockius LLP
`1400 Page Mill Road
`Palo Alto, CA 94304
`
`
`
` VIA EDIS
` VIA ELECTRONIC MAIL
`Cheney1369@usitc.gov
`
`
`
`
` VIA ELECTRONIC MAIL
`Benjamin.Richards@usitc.gov
`
` VIA ELECTRONIC MAIL
`Mlb-bluenix-1369@morganlewis.com
`
`
`
`
`
`

`

`
`
` /s/ Laurie Ouchida
`
`
`Laurie Ouchida
`Senior Paralegal
`BARTKOWSKI PLLC
`E: louchida@bartkowskipllc.com
`
`
`
`
`
`2
`
`

`

`
`
`ATTACHMENT
`ATTACHMENT
`
`
`
`
`
`

`

`
`
`
`
`
`
`UNITED STATES INTERNATIONAL TRADE COMMISSION
`Washington, DC
`
`In the Matter of
`
`CERTAIN ICEMAKING MACHINES
`AND COMPONENTS THEREOF
`
`
`
`Investigation No. 337-TA-1369
`
`[PROPOSED] LIMITED EXCLUSION ORDER
`
`The United States International Trade Commission (“Commission”) has determined 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 by
`
`Respondents Blue Air FSE, LLC and Bluenix Co., Ltd. (collectively, “Bluenix” or “Respondents”)
`
`of certain icemaking machines and components thereof (as defined in paragraph 2 below) that
`
`infringe one or more of claims 1, 3, 6-7, and 19 of U.S. Patent No. 10,107,538 (“the ’538 Patent”);
`
`claims 1 and 10 of U.S. Patent No. 10,113,785 (“the ’785 Patent”); and claims 1, 5, and 9 of
`
`U.S. Patent No. 10,458,692 (“the ’692 Patent”).1
`
`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, public interest, and
`
`bonding. The Commission has determined that the appropriate form of relief is a limited exclusion
`
`order prohibiting the unlicensed entry into the United States of certain icemaking machines and
`
`components thereof manufactured abroad by or on behalf of, or imported by or on behalf of,
`
`Respondents or any of their affiliated companies, parents, subsidiaries, or imported by or on behalf
`
`
`1 This list should be updated based on the final set of patents found infringed and not invalid in
`the Final Determination since infringement and validity of the ’785 and ’692 patents are under
`review.
`
`
`
`
`

`

`
`
`of, Respondents or any of their affiliated companies, parents, subsidiaries, or other related business
`
`entities, or their successors or assigns.
`
`The Commission also has determined that the public interest factors enumerated in 19
`
`U.S.C. § 1337(d) do not preclude the issuance of the limited exclusion order, and that a bond is
`
`required during the Presidential review period in the amount of forty-nine79.9 percent (49%)
`
`of the entered value of the icemaking and components thereof or until this Order becomes
`
`effective.
`
`Accordingly, the Commission hereby ORDERS that:
`
`1. Icemaking machines and components thereof that include evaporator plates
`
`assemblies that infringecovered by one or more of claims 1, 3, 6-7, and 19 of the
`
`’538 Patent; claims 1 and 10 of the ’785 Patent; and claims 1, 5, and 9 of the
`
`’692 Patent and that are manufactured abroad by, or on behalf of, or imported by
`
`or on behalf of, the Respondents or any of their affiliated companies, parents,
`
`subsidiaries, agents, or other related business entities, or their successors or
`
`assigns, 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, for the remaining term of the infringed claim, except under license
`
`from, or with the permission of, the patent owner or as provided by law.
`
`2. The icemaking machines and components thereof that are subject to this Order
`
`(i.e., “covered articles”) are as follows: automatic icemaking machines,
`
`evaporators, and evaporator plate assemblies that incorporate the infringing
`
`technologyof infringing the ’538, ’785, and ’692 Patents. For clarity, covered
`
`articles do not include components intended solely for update, service, repair
`
`
`
`

`

`
`
`
`
`and/or replacement of customer icemaking machines or components thereof.
`
`Covered articles further does not include icemaking machines and components
`
`thereof that do not contain infringing evaporator plate assemblies.
`
`3. Notwithstanding paragraph 1 of this Order, covered 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 forty-nines (“49”) 79.9 percent of their entered value pursuant to
`
`subsection (j) of section 337 of the Tariff Act of 1930, as amended (19 U.S.C. §
`
`1337(j)), and the Presidential Memorandum for the United States Trade
`
`Representative of July 21, 2005, (70 Fed. Reg. 43,251 (Jul. 21, 2005)), from the
`
`day after this Order is received by the United States Trade Representative, m the
`
`day after this Order is received by the United States Trade Representative, and
`
`until such time as the United States Trade Representative notifies the
`
`Commission that this action is approved or disapproved but, in any event, not
`
`later than sixty (60) days after the issuance of receipt of this action. All entries
`
`of covered 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.
`
`4. At the discretion of CBP and pursuant to the procedures it establishes, persons
`
`seeking to import 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 this certification.
`
`5. In accordance with 19 U.S.C. § 1337(l), the provisions of this Order shall not
`
`apply to covered articles that are imported by or 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.
`
`6. The Commission may modify this Order in accordance with the procedures
`
`described in Rule 210.76 of the Commission's Rules of Practice and Procedure
`
`(19 C.F.R. § 210.76).
`
`7. The Secretary shall serve copies of this Order upon each party of record in this
`
`Investigation.
`
`8. Notice of this Order shall be published in the Federal Register.
`
`By order of the Commission.
`
`
`
`
`
`
`
`
`
`
`
`
`
`Issued: February 13, 2024
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Lisa R. Barton
`Secretary to the Commission
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`

`

`
`
`
`
`
`
`
`
`
`
`
`
`UNITED STATES INTERNATIONAL TRADE COMMISSION
`Washington, DC
`
`In the Matter of
`
`CERTAIN ICEMAKING MACHINES
`AND COMPONENTS THEREOF
`
`
`
`Investigation No. 337-TA-1369
`
`[PROPOSED] CEASE AND DESIST ORDER
`
`IT IS HEREBY ORDERED THAT RESPONDENTS [INSERT RESPONDENT
`
`NAME: Blue Air FSE, LLC and /Bluenix Co., Ltd.] (collectively, “[INSERT RESPONDENT
`
`NAME: Blue Air/Bluenix]” or “Respondents”) cease and desist from conducting any of the
`
`following activities in the United States: importing, selling, offering for sale, servicing,
`
`marketing, advertising, distributing, transferring (except for exportation), soliciting United
`
`States agents or distributors, and aiding or abetting other entities in the importation, sale for
`
`importation, sale after importation, transfer (except for exportation), or distribution of certain
`
`icemaking machines and components thereof (as defined in Definition (G) below) that infringe
`
`one or more of claims 1, 3, 6-7, and 19 of U.S. Patent No. 10,107,538 (“the ’538 Patent”);
`
`claims 1 and 10 of U.S. Patent No. 10,113,785 (“the ’785 Patent”); and claims 1, 5, and 9 of
`
`U.S. Patent No. 10,458,692 (“the ’692 Patent”)2 in violation of section 337 of the Tariff Act of
`
`1930, as amended (19 U.S.C. § 1337).
`
`
`2 This list should be updated based on the final set of patents found infringed and not invalid in the
`Final Determination since infringement and validity of the ’785 and ’692 patents are under review.
`
`
`
`

`

`
`
`As used in this order:
`
`I.
`
`Definitions
`
`a)
`
`b)
`
`c)
`
`d)
`
`“Commission” shall mean the United States International Trade Commission.
`
`“Complainant” shall mean Hoshizaki America Inc.
`
`“Respondents” shall mean Blue Air FSE, LLC and Bluenix Co., Ltd.
`
`“Person” shall mean an individual, or any non-governmental partnership, firm,
`
`association, corporation, or other legal or business entity other than Respondents
`
`or their 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 into the United States, entry for consumption from a foreign trade
`
`zone, entry into a bonded warehouse or foreign trade zone, or withdrawal from a
`
`warehouse for consumption under the Customs laws of the United States.
`
`g)
`
`The term “covered articles” shall mean certain icemaking machines and
`
`components thereof that infringe one or more of claims 1, 3, 6, 7, and 19 of
`
`U.S. Patent No. 10,107,538 (“the ’538 Patent”); claims 1 and 10 of U.S. Patent
`
`No. 10,113,785 (“the ’785 Patent”); and claims 1, 5, and 9 of U.S. Patent No.
`
`10,458,692 (“the ’692 Patent”). The certain icemaking machines and
`
`components thereof subject to this order are as follows: automatic icemaking
`
`machines, evaporators, and evaporator plate assemblies. Covered products shall
`
`not include articles for which provisions of law or license avoids liability for
`
`
`
`

`

`
`
`infringement.3 in violation of section 337 of the Tariff Act of 1930, as amended
`
`(19 U.S.C. § 1337). The term “covered articles” shall not include articles for
`
`which a provision of law or license avoids liability for infringement. For
`
`clarity, covered articles do not include components intended solely for update,
`
`service, repair and/or replacement of customer icemaking machines or
`
`components thereof. Covered articles further does not include icemaking
`
`machines and components thereof that do not contain infringing evaporator
`
`plate assemblies.
`
`II.
`
`Applicability
`
`The provisions of this Cease and Desist Order shall apply to Respondents and to any
`
`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, Respondents.
`
`III.
`
`Conduct Prohibited
`
`The following conduct of Respondents in the United States is prohibited by this Order.
`
`For the remaining terms of the ’538 Patent, ’785 Patent, and the ’692 Patent (collectively, the
`
`“Asserted Patents”),4 Respondents shall not:
`
`
`3 This list should be updated based on the final set of patents found infringed and not invalid in the
`Final Determination since infringement and validity of the ’785 and ’692 patents are under review.
`4 This list should be updated based on the final set of patents found infringed and not invalid in the
`Final Determination since infringement and validity of the ’785 and ’692 patents are under review.
`
`
`
`

`

`
`
`a)
`
`b)
`
`import or sell for importation into the United States covered articles;
`
`market, distribute, sell, or otherwise transfer (except for exportation) imported
`
`covered articles;
`
`c)
`
`advertise imported covered articles;
`
`c)d)
`
`service imported covered articles;
`
`d)e)
`
`solicit U.S. agents or distributors for imported covered articles; or
`
`e)f)
`
`aid or abet other entities in the importation, sale for importation, sale after
`
`importation, transfer, or distribution of covered articles.
`
`IV.
`
`Conduct Permitted
`
`Notwithstanding any other provision of this Order, specific conduct otherwise prohibited
`
`by the terms of this Order shall be permitted if:
`
`a)
`
`in a written instrument, the owner of the Asserted Patents licenses or authorizes
`
`such specific conduct; or
`
`b)
`
`such specific conduct is related to the importation or sale of covered articles by or
`
`for the United States. of icemaking machines and components thereof,;
`
`c)
`
`such specific conduct relates to importation, sale for importation, marketing,
`
`distribution, sale, transfer advertisement, solicitation of U.S. agents or
`
`distributors for imported covered articles, or aiding and abetting other entities
`
`in the importation, sale for importation, sale after importation, transfer, or
`
`distribution of covered articles of icemaking machines and components thereof;
`
`or
`
`
`
`

`

`
`
`d)
`
`such conduct relates to updating, servicing, repairing and/or replacement of any
`
`products or components thereof for products already sold to consumers before the
`
`effective date of this order; or
`
`e)
`
`such conduct relates to completion of and execution on any pending contracts or
`
`purchase orders initiated prior to the effective date of this order; or
`
`V.
`
`Reporting
`
`For purposes of this requirement, the reporting periods shall commence on January 1 of
`
`each year and shall end on the subsequent December 31. The first report required under this
`
`section shall cover the period from the date of issuance of this order through December 31,
`
`2025. This reporting requirement shall continue in force until such time as Respondents have
`
`truthfully reported, in two consecutive timely filed reports, that it has no inventory of covered
`
`articles in the United States.
`
`Within thirty (30) days of the last day of the reporting period, Respondents shall report to
`
`the Commission: (a) the quantity in units and the value in dollars of covered articles that it has (i)
`
`imported and/or (ii) sold in the United States after importation during the reporting period, and (b)
`
`the quantity in units and value in dollars of reported covered articles that remain in inventory in
`
`the United States at the end of the reporting period.
`
`When filing written submissions, Respondents must file the original document
`
`electronically on or before the deadlines stated above, and submit eight (8) true paper copies
`
`to the Office of the Secretary by noon the next day pursuant to Section 210.4(f) of the
`
`Commission's Rules of Practice and Procedure (19 C.F.R. § 210.4(f)). Submissions should
`
`refer to the investigation number (“Inv. No. 337-TA-1369”) in a prominent place on the cover
`
`
`
`

`

`
`
`pages and/or
`
`the
`
`first page. See Handbook
`
`for Electronic Filing Procedures,
`
`http://www.usitc.gov/secretary/fed reg notices/rules/handbook on electronic filing.pdf.
`
`Persons with questions regarding filing should contact the Secretary (202-205-2000). If
`
`Respondents desires to submit a document to the Commission in confidence, they must file the
`
`original and a public version of the original with the Office of the Secretary and must serve a
`
`copy of the confidential version on Complainants’ counsel.5
`
`Any failure to make the required report or the filing of any false or inaccurate report shall
`
`constitute a violation of this Order, and the submission of a false or inaccurate report may be
`
`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, Respondents shall retain
`
`any and all records relating to the sale, offer for sale, marketing, service, or
`
`distribution in the United States of covered articles, made and received in the
`
`usual and ordinary course of business, 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) 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, 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 Respondents’ principal offices during office
`
`
`5 Complainants must file a letter with the Secretary identifying the attorney to receive reports and
`bond information associated with this Order. The designated attorney must be on the protective
`order entered in the investigation.
`
`
`
`
`

`

`
`
`hours, and in the presence of counsel or other representatives if Respondents 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.
`
`Service of Cease and Desist Order
`
`The Secretary shall serve copies of this Order upon each party of record in this
`
`investigation that has retained counsel or otherwise provided a point of contact for electronic
`
`service and upon CBP. Pursuant to Commission Rules 201.16(a) and 210.7(a)(1) (19 C.F.R. §§
`
`201.16(a), 210.7(a)(1)), the Commission orders that the Complainants completes service of
`
`this Order for any party without a method of electronic service noted on the attached Certificate
`
`of Service and shall file proof of service on the Electronic Document Information System
`
`(EDIS).
`
`Respondents are 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 articles 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.
`
`
`
`

`

`
`
`The obligations set forth in subparagraphs VII(B) and VII(C) shall remain in effect until
`
`the expiration of the Asserted Patents.
`
`VIII.
`
`Confidentiality
`
`Any request for confidential treatment of information obtained by the Commission
`
`pursuant to sections V and VI of this order should be made in accordance with section 201.6 of the
`
`Commission's Rules of Practice and Procedure (19 C.F.R. § 201.6). For all reports for which
`
`confidential treatment is sought, Respondents 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. § 1337(f)), as well
`
`as any other action that the Commission deems appropriate. In determining whether
`
`Respondents are in violation of this order, the Commission may infer facts adverse to
`
`Respondents if they fail to provide adequate or timely information.
`
`X.
`
`Modification
`
`The Commission may amend this order on its own motion or in accordance with the
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`procedure described in section 210.76 of the Commission’s Rules of Practice and Procedure (19
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`C.F.R. § 210.76).
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`XI.
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`Bonding
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`The conduct prohibited by section III of this order may be continued during the sixty
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`(60) day period in which this Order is under review by the United States Trade Representative,
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`as delegated by the President (70 Fed. Reg. 43,251 (Jul. 21, 2005)), subject to Respondents’
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`posting of a bond in the amount of forty-nine (49%)79.9 percent of the entered value of the covered
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`articles. This bond provision does not apply to conduct that is otherwise permitted by section IV of
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`this Order. Covered articles imported on or after the date of issuance of this Order are subject to
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`the entry bond as set forth in the exclusion order issued by the Commission, and are not subject to
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`this bond provision.
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`XII.
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`Effective Date
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`This Order shall take effect the day after the Presidential Review period ends.
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`The bond is to be posted in accordance with the procedures established by the
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`Commission for the posting of bonds by Complainants in connection with the issuance of limited
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`exclusion orders. See 19 C.F.R. § 210.68. The bond and any accompanying documentation are to
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`be provided to and approved by the Commission prior to the commencement of conduct that is
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`otherwise prohibited by section III of this Order. Upon the Secretary’s acceptance of the bond,
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`(a) the Secretary will serve an acceptance letter on all parties, and (b) Respondents must serve a
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`copy of the bond and accompanying documentation on Complainant’s counsel.
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`The bond is to be forfeited in the event that the United States Trade Representative
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`approves this Order (or does not disapprove it within the review period), unless (i) the U.S. Court
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`of Appeals for the Federal Circuit, in a final judgment, reverses any Commission final
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`determination and order as to Respondents on appeal, or (ii) Respondents exports or destroys the
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`products subject to this bond and provides certification to that effect that is satisfactory to the
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`Commission.
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`This bond is to be released in the event (i) the United States Trade Representative
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`disapproves this Order and no subsequent order is issued by the Commission and approved (or not
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`disapproved) by the United States Trade Representative, (ii) the U.S. Court of Appeals for the
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`Federal Circuit, in a final judgment, reverses any Commission final determination and order as to
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`Respondents on appeal, or (iii) Respondents exports or destroys the products subject to this bond
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`and provides certification to that effect that is satisfactory to the Commission, upon service on
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`Respondents of an order issued by the Commission based upon application therefor made by
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`Respondents to the Commission.
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`By order of the Commission.
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`Issued: February 13, 2024
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`Lisa R. Barton
`Secretary to the Commission
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