Certain Laser Abraded Denim Garments, 56828-56829 [2014-22539]
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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.
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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
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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 https://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:
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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
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.
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
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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.
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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
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]]>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]
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-930]
Certain Laser Abraded Denim Garments
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
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 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.
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
