Certain Handbags, Luggage, Accessories, and Packaging Thereof; Determination Not To Review an Initial Determination Granting Complainant's Motion for Summary Determination, 22802-22803 [2012-9175]

Agencies

• INTERNATIONAL TRADE COMMISSION

[Federal Register Volume 77, Number 74 (Tuesday, April 17, 2012)]
[Notices]
[Pages 22802-22803]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-9175]



[[Page 22802]]

=======================================================================
-----------------------------------------------------------------------

INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-754]


Certain Handbags, Luggage, Accessories, and Packaging Thereof; 
Determination Not To Review an Initial Determination Granting 
Complainant's Motion for Summary Determination

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined not to review the presiding administrative 
law judge's (``ALJ'') initial determination (``ID'') (Order No. 16) 
granting complainant's motion for summary determination of violation of 
Section 337 in the above captioned investigation.

FOR FURTHER INFORMATION CONTACT: Megan M. Valentine, Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street SW., 
Washington, DC 20436, telephone (202) 708-2301. 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, DC 20436, 
telephone (202) 205-2000. General information concerning the Commission 
may also be obtained by accessing its Internet server at https://www.usitc.gov. The public record for this investigation may be viewed 
on the Commission's electronic docket (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 (202) 
205-1810.

SUPPLEMENTARY INFORMATION: The Commission instituted this investigation 
on January 5, 2011, based on a complaint filed by Louis Vuitton 
Malletier S.A. of Paris, France and Louis Vuitton U.S. Manufacturing, 
Inc., San Dimas, California (collectively ``Louis Vuitton''), as 
amended on December 10, 2010, alleging violations of Section 337 of the 
Tariff Act of 1930, as amended, 19 U.S.C. Sec.  1337 (``section 337''), 
in the importation into the United States, the sale for importation, 
and the sale within the United States after importation of certain 
handbags, luggage, accessories, and packaging thereof by reason of 
infringement of U.S. Trademark Registration Nos. 297,594; 1,643,625; 
1,653,663; 1,875,198 (``the '198 mark''); 2,773,107; 2,177,828; 
2,181,753; and 1,519,828. 76 FR 585-6 (Jan. 5, 2011). Louis Vuitton 
later withdrew its allegations as to its '198 mark in the Second 
Amended Complaint filed March 24, 2011. See 76 FR 24522 (May 2, 2011). 
The complaint further alleges the existence of a domestic industry.
    The Commission's Notice of Investigation named as respondents T&T 
Handbag Industrial Co., Ltd. of Guangzhou, China Sanjiu Leather Co., 
Ltd. of Guangzhou, China; Meada Corporation (d/b/a/Diophy Internation) 
of El Monte, California; Pacpro, Inc. of El Monte, California; Jianyong 
Zheng (a/k/a/Jui Go Zheng, Jiu An Zheng, Jian Yong Zheng, Peter Zheng) 
of Arcadia, California; Alice Bei Wang (a/k/a Alice B. Wang) of 
Arcadia, California; Trendy Creations, Inc. of Chatsworth, California; 
The Inspired Bagger of Dallas, Texas; House of Bags of Los Angeles, 
California; Ronett Trading, Inc. (d/b/a/Ronett Wholesale & Import) of 
New York, New York; EZ Shine Group, Inc. of New York, New York; Master 
of Handbags of Los Angeles, California; Choicehandbags.com, Inc. (d/b/
a/Choice Handbags) of Los Angeles, California; and Rasul Enterprises, 
LLC (d/b/a/The Handbag Warehouse) of Dallas, Texas. On April 27, 2011, 
the Commission determined not to review an ID amending the Notice of 
Investigation: (1) To add Jiu An Zheng and Jiu Gao Zheng in place of 
Jianyong Zhen; (2) to add Rimen Leather Co., Ltd, Guangzhou Rimen 
Leather Goods Company Limited, and Guangzhou Rui Ma Leatherware Co., 
Ltd. in place of Sanjiu Leather Co., Ltd; and (3) to add Monhill, Inc. 
and Zhixian Lu as respondents. 76 FR 24522 (May 2, 2011). The 
Commission eventually found all of the respondents in default or 
terminated them from the investigation based on settlement and consent 
orders. See Notice (Aug. 17, 2011) (Order No. 11); Notice (Aug. 26, 
2011) (Order No. 12); Notice (Nov. 2, 2011) (Order No. 14) (unreviewed 
in relevant part).
    On June 28, 2011, the Commission determined not to review an ID 
(Order No. 7) granting Louis Vuitton's motion for summary determination 
that it has satisfied the domestic industry requirement. Notice (June 
28, 2011).
    On August 17, 2011, Louis Vuitton filed a motion pursuant to 
section 210.18 of the Commission Rules of Practice and Procedure (19 
CFR 210.18) for summary determination of violation of section 337 and 
requesting issuance of a general exclusion order. On August 30, 2011, 
the Commission investigative attorney filed a response supporting the 
motion.
    On March 5, 2012, the ALJ issued the subject ID granting Louis 
Vuitton's motion for summary determination of violation of section 337. 
No petitions for review of the ID were filed. The ID also contained the 
ALJ's recommended determination of remedy and bonding. Specifically, 
the ALJ recommended issuance of a general exclusion order. The ALJ 
further recommended that the Commission set a bond of 100 percent 
during the period of Presidential review.
    Having examined the record of this investigation, including the 
ALJ's final ID, the Commission has determined not to review the ID.
    In connection with the final disposition of this investigation, the 
Commission may (1) issue an order that could result in the exclusion of 
the subject articles from entry into the United States, and/or (2) 
issue one or more cease and desist orders that could result in the 
respondent(s) being required to cease and desist from engaging in 
unfair acts in the importation and sale of such articles. Accordingly, 
the Commission is interested in receiving written submissions that 
address the form of remedy, if any, that should be ordered. If a party 
seeks exclusion of an article from entry into the United States for 
purposes other than entry for consumption, the party should so indicate 
and provide information establishing that activities involving other 
types of entry either are adversely affecting it or likely to do so. 
For background, see In the Matter of Certain Devices for Connecting 
Computers via Telephone Lines, Inv. No. 337-TA-360, USITC Pub. No. 2843 
(December 1994) (Commission Opinion).
    If the Commission contemplates some form of remedy, it must 
consider the effects of that remedy upon the public interest. The 
factors the Commission will consider include the effect that an 
exclusion order and/or cease and desist orders would have on (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. The Commission is therefore interested in receiving written 
submissions that address the aforementioned public interest factors in 
the context of this investigation.
    If the Commission orders some form of remedy, the U.S. Trade 
Representative, as delegated by the President, has 60 days to approve 
or disapprove the Commission's action. See Presidential Memorandum of 
July 21, 2005, 70 FR 43251 (July 26, 2005). During this period, the 
subject articles

[[Page 22803]]

would be entitled to enter the United States under bond, in an amount 
determined by the Commission and prescribed by the Secretary of the 
Treasury. The Commission is therefore interested in receiving 
submissions concerning the amount of the bond that should be imposed if 
a remedy is ordered.
    Written Submissions: Parties to the investigation, interested 
government agencies, and any other interested parties are encouraged to 
file written submissions on the issues of remedy, the public interest, 
and bonding. Such submissions should address the recommended 
determination by the ALJ on remedy and bonding.
    Complainants and the IA are also requested to submit proposed 
remedial orders for the Commission's consideration. Complainants are 
also requested to state the dates that the patents expire and the HTSUS 
numbers under which the accused products are imported. The written 
submissions and proposed remedial orders must be filed no later than 
close of business on April 26, 2012. Reply submissions must be filed no 
later than the close of business on May 3, 2012. No further submissions 
on these issues will be permitted unless otherwise ordered by the 
Commission.
    Persons filing written submissions must do so in accordance with 
Commission rule 210.4(f), 19 CFR 210.4(f) which requires electronic 
filing. The original document and eight (8) true copies thereof must 
also be filed on or before the deadlines stated above with the Office 
of the Secretary. Any person desiring to submit a document (or portion 
thereof) to the Commission in confidence must request confidential 
treatment unless the information has already been granted such 
treatment during the proceedings. All such requests should be directed 
to the Secretary of the Commission and must include a full statement of 
the reasons why the Commission should grant such treatment. See section 
201.6 of the Commission's Rules of Practice and Procedure, 19 CFR 
201.6. Documents for which confidential treatment by the Commission is 
sought will be treated accordingly. All nonconfidential written 
submissions will be available for public inspection at the Office of 
the Secretary.
    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 sections 210.42-46 and 210.50 of the Commission's Rules of Practice 
and Procedure (19 CFR 210.42-46 and 210.50).

    Issued: April 12, 2012.

    By order of the Commission.
James R. Holbein,
Secretary to the Commission.
[FR Doc. 2012-9175 Filed 4-16-12; 8:45 am]
BILLING CODE 7020-02-P