ITC Request for Submissions on Modifying/Rescinding Exclusion Orders

Content

ACTION:

Notice.

SUMMARY:

Notice is hereby given that the U.S. International Trade Commission (“Commission”) is requesting submissions on whether the
exclusion orders issued in the above-captioned Commission investigations should be modified or rescinded, in whole or in part,
based on changed conditions of fact or law, or the public interest.

FOR FURTHER INFORMATION CONTACT:

Edward S. Jou, Esq., Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436,
telephone (202) 205-3316. 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
on (202) 205-1810.

SUPPLEMENTARY INFORMATION:

The Commission issued exclusion orders in each of the following investigations based on complaints alleging violations of
section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337 (“section 337”), by reason of trademark infringement, as
well as patent infringement and/or copyright infringement in certain investigations: Certain Portable Power Stations and Packaging Therefor, Inv. No. 337-TA-563, Limited Exclusion Order (Trademark, Copyright, and Patent) (Nov. 6, 2006); Certain Radio Control Hobby Transmitters and Receivers and Products Containing Same, Inv. No. 337-TA-763, Limited Exclusion Order (Trademark, Copyright, and Patent) (Sept. 27, 2011); Certain Computer Cables, Chargers, Adapters, Peripheral Devices and Packaging Containing the Same, Inv. No. 337-TA-975, Limited Exclusion Order (Trademark Only) (Oct. 13, 2016); Certain Arrowheads with Deploying Blades and Components Thereof, Inv. No. 337-TA-977, General Exclusion Order (Trademark and Patent) (Apr. 6, 2017); Certain Portable Battery Jump Starters and Components Thereof, Inv. No. 337-TA-1256, Limited Exclusion Order (Trademark Only) (Aug. 29, 2022). Each exclusion order requires that the complainant(s)
in the investigation make annual filings with the Commission stating, inter alia, whether they continue to use the trademarks listed in the exclusion orders in commerce.

In each of these investigations, the complainants have recently failed to comply with the annual filing requirement, and the
Commission has notified the respective complainants of their non-compliance but received no response from any complainant.
In addition, in Inv. No. 337-TA-563 the asserted patent appears to have expired, and the asserted trademark has been canceled
by the U.S. Patent and Trademark Office due to a failure to file a declaration of continued use. See U.S. Trademark Registration No. 2,594,538, Cancelled/Expired (USPTO Trademark Status & Document Retrieval, Feb. 22, 2013).

The Commission is therefore requesting submissions from the public, including the current owners of the trademarks at issue,
on whether these exclusion orders should be modified or rescinded under 19 U.S.C. 1337(k) and 19 CFR 210.76, in whole or in
part, to account for any trademarks that have been abandoned, cancelled, or rendered invalid or unenforceable. The Commission
notes that some of the exclusion orders also cover copyrights and patents. Accordingly, the Commission is also requesting
submissions from the public, including the parties to the investigations, the current owners of the copyrights and patents
named in the orders, or successors-in-interest, interested government agencies, and any other interested parties on whether
these exclusion orders should be modified or rescinded, in whole or in part, based on

  changed conditions of fact or law, or based on the public interest, pursuant to 19 U.S.C. 1337(k) and 19 CFR 210.76.

The public interest factors that will be considered by the Commission in determining whether to rescind the exclusion orders
are the following: (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.

Written Submissions: The parties to the investigations, the current trademark holders, copyright holders, and/or patent holders or successors-in-interest,
interested government agencies, and any other interested parties are encouraged to file written submissions on whether the
Commission should rescind the exclusion orders at issue, in whole or in part, based on changed conditions of fact or law or
the public interest. The written submissions must be filed no later than close of business on May 26, 2026. Reply submissions
must be filed no later than the close of business on June 26, 2026. 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 relevant investigation number (Inv. No. 337-TA-563, 763, 975,
977, or 1256) 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 vote for this determination took place on March 24, 2026.

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: March 24, 2026. Lisa Barton, Secretary to the Commission. [FR Doc. 2026-05950 Filed 3-26-26; 8:45 am] BILLING CODE 7020-02-P

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