Certain Laser Abraded Denim Garments, 56828-56829 [2014-22539]

Download as PDF mstockstill on DSK4VPTVN1PROD with NOTICES 56828 Federal Register / Vol. 79, No. 184 / Tuesday, September 23, 2014 / Notices Background.—The final phase of these investigations is being scheduled as a result of affirmative preliminary determinations by the Department of Commerce that certain benefits which constitute subsidies within the meaning of section 703 of the Act (19 U.S.C. 1671b) are being provided to manufacturers, producers, or exporters in China of carbon and certain alloy steel wire rod, and that such products are being sold in the United States at less than fair value within the meaning of section 733 of the Act (19 U.S.C. 1673b). The investigations were requested in a petition filed on January 31, 2014, by ArcelorMittal USA LLC, Chicago, Illinois; Charter Steel, Saukville, Wisconsin; Evraz Pueblo, Pueblo, Colorado; Gerdau Ameristeel US Inc., Tampa, Florida; Keystone Consolidated Industries, Inc., Dallas, Texas; and Nucor Corporation, Charlotte, North Carolina. Participation in the investigations and public service list.—Persons, including industrial users of the subject merchandise and, if the merchandise is sold at the retail level, representative consumer organizations, wishing to participate in the final phase of these investigations as parties must file an entry of appearance with the Secretary to the Commission, as provided in section 201.11 of the Commission’s rules, no later than 21 days prior to the hearing date specified in this notice. A party that filed a notice of appearance during the preliminary phase of the investigations need not file an additional notice of appearance during this final phase. The Secretary will maintain a public service list containing the names and addresses of all persons, or their representatives, who are parties to the investigations. Limited disclosure of business proprietary information (BPI) under an administrative protective order (APO) and BPI service list.—Pursuant to section 207.7(a) of the Commission’s rules, the Secretary will make BPI gathered in the final phase of these investigations available to authorized applicants under the APO issued in the investigations, provided that the application is made no later than 21 days prior to the hearing date specified in this notice. Authorized applicants must represent interested parties, as defined by 19 U.S.C. 1677(9), who are parties to the investigations. A party granted access to BPI in the preliminary phase of the investigations need not reapply for such access. A separate service list will be maintained by the Secretary for those parties authorized to receive BPI under the APO. VerDate Sep<11>2014 17:55 Sep 22, 2014 Jkt 232001 Staff report.—The prehearing staff report in the final phase of these investigations will be placed in the nonpublic record on Wednesday, October 29, 2014, and a public version will be issued thereafter, pursuant to section 207.22 of the Commission’s rules. Hearing.—The Commission will hold a hearing in connection with the final phase of these investigations beginning at 9:30 a.m. on Wednesday, November 12, 2014, at the U.S. International Trade Commission Building. Requests to appear at the hearing should be filed in writing with the Secretary to the Commission on or before Thursday, November 6, 2014. A nonparty who has testimony that may aid the Commission’s deliberations may request permission to present a short statement at the hearing. All parties and nonparties desiring to appear at the hearing and make oral presentations should attend a prehearing conference to be held (if needed) on Monday, November 10, 2014. Oral testimony and written materials to be submitted at the public hearing are governed by sections 201.6(b)(2), 201.13(f), and 207.24 of the Commission’s rules. Parties must submit any request to present a portion of their hearing testimony in camera no later than 7 business days prior to the date of the hearing. Written submissions.—Each party who is an interested party shall submit a prehearing brief to the Commission. Prehearing briefs must conform with the provisions of section 207.23 of the Commission’s rules; the deadline for filing is Wednesday, November 5, 2014. Parties may also file written testimony in connection with their presentation at the hearing, as provided in section 207.24 of the Commission’s rules, and posthearing briefs, which must conform with the provisions of section 207.25 of the Commission’s rules. The deadline for filing posthearing briefs is Wednesday, November 19, 2014. In addition, any person who has not entered an appearance as a party to the investigations may submit a written statement of information pertinent to the subject of the investigations, including statements of support or opposition to the petition, on or before Wednesday, November 19, 2014. On Monday, December 8, 2014, the Commission will make available to parties all information on which they have not had an opportunity to comment. Parties may submit final comments on this information on or before Wednesday, December 10, 2014, but such final comments must not contain new factual information and must otherwise comply with section PO 00000 Frm 00090 Fmt 4703 Sfmt 4703 207.30 of the Commission’s rules. All written submissions must conform with the provisions of section 201.8 of the Commission’s rules; any submissions that contain BPI must also conform with the requirements of sections 201.6, 207.3, and 207.7 of the Commission’s rules. The Commission’s Handbook on E-Filing, available on the Commission’s Web site at http://edis.usitc.gov, elaborates upon the Commission’s rules with respect to electronic filing. Additional written submissions to the Commission, including requests pursuant to section 201.12 of the Commission’s rules, shall not be accepted unless good cause is shown for accepting such submissions, or unless the submission is pursuant to a specific request by a Commissioner or Commission staff. In accordance with sections 201.16(c) and 207.3 of the Commission’s rules, each document filed by a party to the investigations must be served on all other parties to the investigations (as identified by either the public or BPI service list), and a certificate of service must be timely filed. The Secretary will not accept a document for filing without a certificate of service. Authority: These investigations are being conducted under authority of title VII of the Tariff Act of 1930; this notice is published pursuant to section 207.21 of the Commission’s rules. By order of the Commission. Issued: September 18, 2014. Lisa R. Barton, Secretary to the Commission. [FR Doc. 2014–22559 Filed 9–22–14; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–930] Certain Laser Abraded Denim Garments U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on August 18, 2014, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. § 1337, on behalf of RevoLaze, LLC of Westlake, Ohio and TechnoLines, LLC of Westlake, Ohio. A supplement to the complaint was filed on September 5, 2014. The complaint, as supplemented, alleges violations of section 337 based upon the importation into the United States, the sale for SUMMARY: E:\FR\FM\23SEN1.SGM 23SEN1 Federal Register / Vol. 79, No. 184 / Tuesday, September 23, 2014 / Notices importation, and the sale within the United States after importation of certain laser abraded denim garments by reason of infringement of certain claims of U.S. Patent No. 5,990,444 (‘‘the ’444 patent’’); U.S. Patent No. 6,140,602 (‘‘the ’602 patent’’); U.S. Patent No. 6,252,196 (‘‘the ’196 patent’’); U.S. Patent No. 6,664,505 (‘‘the ’505 patent’’); U.S. Patent No. 6,819,972 (‘‘the ’972 patent’’); and U.S. Patent No. 6,858,815 (‘‘the ’815 patent’’). The complaint further alleges that an industry in the United States exists or is in the process of being established as required by subsection (a)(2) of section 337. The complainants request that the Commission institute an investigation and, after the investigation, issue a general exclusion order, or in the alternative a limited exclusion order, and cease and desist orders. ADDRESSES: The complaint, except for any confidential information contained therein, is 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., Room 112, Washington, DC 20436, telephone (202) 205–2000. Hearing impaired individuals are advised that information on this matter can be obtained by contacting the Commission’s TDD terminal on (202) 205–1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at (202) 205– 2000. General information concerning the Commission may also be obtained by accessing its internet server at http://www.usitc.gov. The public record for this investigation may be viewed on the Commission’s electronic docket (EDIS) at http://edis.usitc.gov. FOR FURTHER INFORMATION CONTACT: The Office of Unfair Import Investigations, U.S. International Trade Commission, telephone (202) 205–2560. mstockstill on DSK4VPTVN1PROD with NOTICES Authority: The authority for institution of this investigation is contained in section 337 of the Tariff Act of 1930, as amended, and in section 210.10 of the Commission’s Rules of Practice and Procedure, 19 CFR 210.10 (2014). Scope of Investigation: Having considered the complaint, the U.S. International Trade Commission, on September 16, 2014, Ordered That — (1) Pursuant to subsection (b) of section 337 of the Tariff Act of 1930, as amended, an investigation be instituted to determine whether there is a violation of subsection (a)(1)(B) of section 337 in the importation into the United States, the sale for importation, or the sale within the United States after VerDate Sep<11>2014 17:55 Sep 22, 2014 Jkt 232001 importation of certain laser abraded denim garments by reason of infringement of one or more of claims 1–3, 8, 21, 33, 34, 46, 69, 70, and 72 of the ’444 patent; claims 1, 14, 15, 53, 73, 83, 85, 94, 97, 99, 112, 120, 122–125, and 141–143 of the ’602 patent; claims 5, 11, 13, 14, and 16 of the ’196 patent; claims 1 and 49–51 of the ’505 patent; claims 1, 2, 4–6, 11, 12, 16–19, 56–59, 61, 63, 64, 72, 77, 78, 83–87, and 92– 95 of the ’972 patent; and claims 13 and 14 of the ’815 patent, and whether an industry in the United States exists or is in the process of being established as required by subsection (a)(2) of section 337; (2) For the purpose of the investigation so instituted, the following are hereby named as parties upon which this notice of investigation shall be served: (a) The complainants are: RevoLaze, LLC, 29300 Clemens Rd., Westlake, OH 44145. TechnoLines, LLC, 29300 Clemens Rd., Westlake, OH 44145. (b) The respondents are the following entities alleged to be in violation of section 337, and are the parties upon which the complaint is to be served: Abercrombie & Fitch Co., 6301 Fitch Path, New Albany, Ohio 43054. American Eagle Outfitters, Inc., 77 Hot Metal Street, Pittsburgh, Pennsylvania 15203. BBC Apparel Group, LLC, 1407 Broadway, Suite 503, New York, New York 10018. Gotham Licensing Group, LLC, 1407 Broadway, Suite 506, New York, New York 10018. The Buckle, Inc., 2407 West 24th Street, Kearney, Nebraska 68845. Buffalo International ULC, 400 Sauve West, Montreal, Quebec H3L 1Z8, Canada. 1724982 Alberta ULC, 400 Sauve West, Montreal, Quebec H3L1Z8, Canada. Diesel S.p.A., via dell’Industria, 4/6, 36042 Breganze (VI), Italy. DL1961 Premium Denim Inc., 530 7th Avenue, Suite 1505, New York, New York 10018. Eddie Bauer LLC, 10401 NE 8th Street, Suite 500, Bellevue, Washington 98004. The Gap, Inc., 2 Folsom Street, San Francisco, California 94105. Guess?, Inc., 1444 South Alameda Street, Los Angeles, California 90021. ¨ H&M Hennes & Mauritz AB, Master Samuelsgatan 46A, SE–106 38 Stockholm, Sweden. H&M Hennes & Mauritz LP, 110 Fifth Avenue, 11th Floor, New York, New York 10011. Roberto Cavalli S.p.A., Piazza San Babila 3, 20122 Milan, Italy. PO 00000 Frm 00091 Fmt 4703 Sfmt 9990 56829 Koos Manufacturing, Inc., 2741 Seminole Ave., South Gate, CA 90280. Levi Strauss & Co., 1155 Battery Street, San Francisco, California 94111. Lucky Brand Dungarees, Inc., 540 S. Santa Fe Ave., Los Angeles, CA 90013. Fashion Box S.p.A., Via Marcoui, 1, 31011 Localita Casella, Asolo (Treviso), Italy. VF Corporation, 105 Corporate Center Blvd., Greensboro, North Carolina 27408. (c) The Office of Unfair Import Investigations, U.S. International Trade Commission, 500 E Street SW., Suite 401, Washington, DC 20436; and (3) For the investigation so instituted, the Chief Administrative Law Judge, U.S. International Trade Commission, shall designate the presiding Administrative Law Judge. Responses to the complaint and the notice of investigation must be submitted by the named respondents in accordance with section 210.13 of the Commission’s Rules of Practice and Procedure, 19 CFR 210.13. Pursuant to 19 CFR 201.16(e) and 210.13(a), such responses will be considered by the Commission if received not later than 20 days after the date of service by the Commission of the complaint and the notice of investigation. Extensions of time for submitting responses to the complaint and the notice of investigation will not be granted unless good cause therefor is shown. Failure of a respondent to file a timely response to each allegation in the complaint and in this notice may be deemed to constitute a waiver of the right to appear and contest the allegations of the complaint and this notice, and to authorize the administrative law judge and the Commission, without further notice to the respondent, to find the facts to be as alleged in the complaint and this notice and to enter an initial determination and a final determination containing such findings, and may result in the issuance of an exclusion order or a cease and desist order or both directed against the respondent. By order of the Commission. Issued: September 17, 2014. Lisa R. Barton, Secretary to the Commission. [FR Doc. 2014–22539 Filed 9–22–14; 8:45 am] BILLING CODE 7020–02–P E:\FR\FM\23SEN1.SGM 23SEN1

Agencies

[Federal Register Volume 79, Number 184 (Tuesday, September 23, 2014)]
[Notices]
[Pages 56828-56829]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-22539]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-930]


Certain Laser Abraded Denim Garments

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on August 18, 2014, under section 
337 of the Tariff Act of 1930, as amended, 19 U.S.C. Sec.  1337, on 
behalf of RevoLaze, LLC of Westlake, Ohio and TechnoLines, LLC of 
Westlake, Ohio. A supplement to the complaint was filed on September 5, 
2014. The complaint, as supplemented, alleges violations of section 337 
based upon the importation into the United States, the sale for

[[Page 56829]]

importation, and the sale within the United States after importation of 
certain laser abraded denim garments by reason of infringement of 
certain claims of U.S. Patent No. 5,990,444 (``the '444 patent''); U.S. 
Patent No. 6,140,602 (``the '602 patent''); U.S. Patent No. 6,252,196 
(``the '196 patent''); U.S. Patent No. 6,664,505 (``the '505 patent''); 
U.S. Patent No. 6,819,972 (``the '972 patent''); and U.S. Patent No. 
6,858,815 (``the '815 patent''). The complaint further alleges that an 
industry in the United States exists or is in the process of being 
established as required by subsection (a)(2) of section 337.
    The complainants request that the Commission institute an 
investigation and, after the investigation, issue a general exclusion 
order, or in the alternative a limited exclusion order, and cease and 
desist orders.

ADDRESSES: The complaint, except for any confidential information 
contained therein, is 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., Room 112, Washington, 
DC 20436, telephone (202) 205-2000. Hearing impaired individuals are 
advised that information on this matter can be obtained by contacting 
the Commission's TDD terminal on (202) 205-1810. Persons with mobility 
impairments who will need special assistance in gaining access to the 
Commission should contact the Office of the Secretary at (202) 205-
2000. General information concerning the Commission may also be 
obtained by accessing its internet server at http://www.usitc.gov. The 
public record for this investigation may be viewed on the Commission's 
electronic docket (EDIS) at http://edis.usitc.gov.

FOR FURTHER INFORMATION CONTACT: The Office of Unfair Import 
Investigations, U.S. International Trade Commission, telephone (202) 
205-2560.

    Authority:  The authority for institution of this investigation 
is contained in section 337 of the Tariff Act of 1930, as amended, 
and in section 210.10 of the Commission's Rules of Practice and 
Procedure, 19 CFR 210.10 (2014).

    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on September 16, 2014, Ordered That --
    (1) Pursuant to subsection (b) of section 337 of the Tariff Act of 
1930, as amended, an investigation be instituted to determine whether 
there is a violation of subsection (a)(1)(B) of section 337 in the 
importation into the United States, the sale for importation, or the 
sale within the United States after importation of certain laser 
abraded denim garments by reason of infringement of one or more of 
claims 1-3, 8, 21, 33, 34, 46, 69, 70, and 72 of the '444 patent; 
claims 1, 14, 15, 53, 73, 83, 85, 94, 97, 99, 112, 120, 122-125, and 
141-143 of the '602 patent; claims 5, 11, 13, 14, and 16 of the '196 
patent; claims 1 and 49-51 of the '505 patent; claims 1, 2, 4-6, 11, 
12, 16-19, 56-59, 61, 63, 64, 72, 77, 78, 83-87, and 92-95 of the '972 
patent; and claims 13 and 14 of the '815 patent, and whether an 
industry in the United States exists or is in the process of being 
established as required by subsection (a)(2) of section 337;
    (2) For the purpose of the investigation so instituted, the 
following are hereby named as parties upon which this notice of 
investigation shall be served:
    (a) The complainants are:

RevoLaze, LLC, 29300 Clemens Rd., Westlake, OH 44145.
TechnoLines, LLC, 29300 Clemens Rd., Westlake, OH 44145.

    (b) The respondents are the following entities alleged to be in 
violation of section 337, and are the parties upon which the complaint 
is to be served:

Abercrombie & Fitch Co., 6301 Fitch Path, New Albany, Ohio 43054.
American Eagle Outfitters, Inc., 77 Hot Metal Street, Pittsburgh, 
Pennsylvania 15203.
BBC Apparel Group, LLC, 1407 Broadway, Suite 503, New York, New York 
10018.
Gotham Licensing Group, LLC, 1407 Broadway, Suite 506, New York, New 
York 10018.
The Buckle, Inc., 2407 West 24th Street, Kearney, Nebraska 68845.
Buffalo International ULC, 400 Sauve West, Montreal, Quebec H3L 1Z8, 
Canada.
1724982 Alberta ULC, 400 Sauve West, Montreal, Quebec H3L1Z8, Canada.
Diesel S.p.A., via dell'Industria, 4/6, 36042 Breganze (VI), Italy.
DL1961 Premium Denim Inc., 530 7th Avenue, Suite 1505, New York, New 
York 10018.
Eddie Bauer LLC, 10401 NE 8th Street, Suite 500, Bellevue, Washington 
98004.
The Gap, Inc., 2 Folsom Street, San Francisco, California 94105.
Guess?, Inc., 1444 South Alameda Street, Los Angeles, California 90021.
H&M Hennes & Mauritz AB, M[auml]ster Samuelsgatan 46A, SE-106 38 
Stockholm, Sweden.
H&M Hennes & Mauritz LP, 110 Fifth Avenue, 11th Floor, New York, New 
York 10011.
Roberto Cavalli S.p.A., Piazza San Babila 3, 20122 Milan, Italy.
Koos Manufacturing, Inc., 2741 Seminole Ave., South Gate, CA 90280.
Levi Strauss & Co., 1155 Battery Street, San Francisco, California 
94111.
Lucky Brand Dungarees, Inc., 540 S. Santa Fe Ave., Los Angeles, CA 
90013.
Fashion Box S.p.A., Via Marcoui, 1, 31011 Localita Casella, Asolo 
(Treviso), Italy.
VF Corporation, 105 Corporate Center Blvd., Greensboro, North Carolina 
27408.

    (c) The Office of Unfair Import Investigations, U.S. International 
Trade Commission, 500 E Street SW., Suite 401, Washington, DC 20436; 
and
    (3) For the investigation so instituted, the Chief Administrative 
Law Judge, U.S. International Trade Commission, shall designate the 
presiding Administrative Law Judge.
    Responses to the complaint and the notice of investigation must be 
submitted by the named respondents in accordance with section 210.13 of 
the Commission's Rules of Practice and Procedure, 19 CFR 210.13. 
Pursuant to 19 CFR 201.16(e) and 210.13(a), such responses will be 
considered by the Commission if received not later than 20 days after 
the date of service by the Commission of the complaint and the notice 
of investigation. Extensions of time for submitting responses to the 
complaint and the notice of investigation will not be granted unless 
good cause therefor is shown.
    Failure of a respondent to file a timely response to each 
allegation in the complaint and in this notice may be deemed to 
constitute a waiver of the right to appear and contest the allegations 
of the complaint and this notice, and to authorize the administrative 
law judge and the Commission, without further notice to the respondent, 
to find the facts to be as alleged in the complaint and this notice and 
to enter an initial determination and a final determination containing 
such findings, and may result in the issuance of an exclusion order or 
a cease and desist order or both directed against the respondent.

    By order of the Commission.

    Issued: September 17, 2014.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2014-22539 Filed 9-22-14; 8:45 am]
BILLING CODE 7020-02-P