Certain Loom Kits for Creating Linked Articles, 30266-30267 [2015-12765]

Download as PDF mstockstill on DSK4VPTVN1PROD with NOTICES 30266 Federal Register / Vol. 80, No. 101 / Wednesday, May 27, 2015 / Notices 500 E Street SW., Washington, DC 20436, telephone (202) 205–2000. The public version of the complaint can be accessed on the Commission’s Electronic Document Information System (EDIS) at EDIS,1 and 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 United States International Trade Commission (USITC) at USITC.2 The public record for this investigation may be viewed on the Commission’s Electronic Document Information System (EDIS) at EDIS,3 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 has received an amended complaint and a submission pursuant to section 210.8(b) of the Commission’s Rules of Practice and Procedure filed on behalf of Pacific Bioscience Laboratories, Inc. on May 20, 2015. The amended complaint alleges violations of section 337 of the Tariff Act of 1930 (19 U.S.C. 1337) in the importation into the United States, the sale for importation, and the sale within the United States after importation of certain electric skin care devices, brushes and chargers therefor, and kits containing same. The amended complaint names as respondents Our Family Jewels, Inc. ¨ d/b/a Epipur Skincare of Parker, CO; Accord Media, LLC d/b/a Truth in Aging of New York, NY; Xnovi Electronic Co., Ltd. of China; Michael Todd True Organics LP of Port St. Lucie, FL; MTTO LLC of Port St. Lucie, FL; Shanghai Anzikang Electric Co., Ltd. of China; Nutra-Luxe M.D., LLC of Fort Myers, FL; Beauty Tech, Inc. of Coral Gables, FL; Anex Corporation of Korea; RN Ventures Ltd. of United Kingdom; Korean Beauty Co., Ltd. of Korea; H2Pro Beautylife, Inc. of Placentia, CA; Serious Skin Care, Inc. of Carson City, NV; Home Skinovations Inc. of Canada; Home Skinovations Ltd. of Israel; Wenzhou AI ER Electrical Technology Co., Ltd d/b/a Cnaier of China; Coreana Cosmetics Co., Ltd. of Korea; Flageoli Classic Limited of Las Vegas, NV; 1 Electronic Document Information System (EDIS): http://edis.usitc.gov. 2 United States International Trade Commission (USITC): http://edis.usitc.gov. 3 Electronic Document Information System (EDIS): http://edis.usitc.gov. VerDate Sep<11>2014 16:45 May 26, 2015 Jkt 235001 Jewlzie of New York, NY; Unicos USA, Inc. of La Habra, CA; and Skincarebyalana of Dana Point, CA. The complainant requests that the Commission issue a permanent general exclusion order, cease and desist orders, and a bond upon respondents’ alleged infringing articles during the 60-day Presidential review period pursuant to 19 U.S.C. § 1337(j). Proposed respondents, other interested parties, and members of the public are invited to file comments, not to exceed five (5) pages in length, inclusive of attachments, on any public interest issues raised by the complaint or section 210.8(b) filing. Comments should address whether issuance of the relief specifically requested by the complainant in this investigation would affect the public health and welfare in the United States, competitive conditions in the United States economy, the production of like or directly competitive articles in the United States, or United States consumers. In particular, the Commission is interested in comments that: (i) Explain how the articles potentially subject to the requested remedial orders are used in the United States; (ii) identify any public health, safety, or welfare concerns in the United States relating to the requested remedial orders; (iii) identify like or directly competitive articles that complainant, its licensees, or third parties make in the United States which could replace the subject articles if they were to be excluded; (iv) indicate whether complainant, complainant’s licensees, and/or third party suppliers have the capacity to replace the volume of articles potentially subject to the requested exclusion order and/or a cease and desist order within a commercially reasonable time; and (v) explain how the requested remedial orders would impact United States consumers. Written submissions must be filed no later than by close of business, eight calendar days after the date of publication of this notice in the Federal Register. There will be further opportunities for comment on the public interest after the issuance of any final initial determination in this investigation. Persons filing written submissions must file the original document electronically on or before the deadlines stated above and submit 8 true paper copies to the Office of the Secretary by noon the next day pursuant to section PO 00000 Frm 00061 Fmt 4703 Sfmt 4703 210.4(f) of the Commission’s Rules of Practice and Procedure (19 CFR 210.4(f)). Submissions should refer to the docket number (‘‘Docket No. 3067’’) in a prominent place on the cover page and/or the first page. (See Handbook for Electronic Filing Procedures, Electronic Filing Procedures 4). 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. All such requests should be directed to the Secretary to the Commission and must include a full statement of the reasons why the Commission should grant such treatment. See 19 CFR 201.6. Documents for which confidential treatment by the Commission is properly sought will be treated accordingly. All nonconfidential written submissions will be available for public inspection at the Office of the Secretary and on EDIS.5 This action is taken under the authority of section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and of sections 201.10 and 210.8(c) of the Commission’s Rules of Practice and Procedure (19 CFR 201.10, 210.8(c)). By order of the Commission. Issued: May 21, 2015. Lisa R. Barton, Secretary to the Commission. [FR Doc. 2015–12766 Filed 5–26–15; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–923] Certain Loom Kits for Creating Linked Articles U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that the U.S. International Trade Commission has determined to amend the notice of investigation to reflect a change in corporate form by the complainant, to terminate the investigation with respect to claims 2 and 3 of U.S. Patent No. 8,485,565 (‘‘the ’565 patent’’), and to enter a general exclusion order barring entry of loom kits that infringe claim 4 of the ’565 patent. The Commission’s determination is final and the SUMMARY: 4 Handbook for Electronic Filing Procedures: http://www.usitc.gov/secretary/fed_reg_notices/ rules/handbook_on_electronic_filing.pdf. 5 Electronic Document Information System (EDIS): http://edis.usitc.gov. E:\FR\FM\27MYN1.SGM 27MYN1 Federal Register / Vol. 80, No. 101 / Wednesday, May 27, 2015 / Notices investigation is terminated in its entirety. mstockstill on DSK4VPTVN1PROD with NOTICES FOR FURTHER INFORMATION CONTACT: Clark S. Cheney, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, telephone 202– 205–2661. 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 (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. 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 August 6, 2014, based on a complaint filed by Choon’s Design, Inc., of Wixom, Michigan, now Choon’s Design LLC (‘‘Choon’s’’). See 79 FR 45844–45 (August 6, 2014). The complaint alleged violations of section 337 by reason of the importation into the United States, the sale for importation, and the sale within the United States after importation of certain loom kits that infringe the ’565 patent. The notice of investigation named thirteen respondents, all of which either have been found in default or have been terminated from this investigation. See Notice of Commission Determination Not to Review an Initial Determination Terminating the Investigation as to Respondent Creative Kidstuff, LLC (September 26, 2014); Notice of Commission Determination Not to Review Two Initial Determinations Finding Certain Respondents in Default and Terminating the Investigation with Respect to Another Respondent (January 9, 2015); Notice of Commission Determination Not to Review an Initial Determination Terminating the Investigation as to Respondent Altatac, Inc. (January 13, 2015). The respondents in default are Island in the Sun LLC; Quality Innovations Inc.; Yiwu Mengwang Craft & Art Factory; Shenzhen Xuncent Technology Co., Ltd.; My Imports USA LLC; Jayfinn LLC; Hongkong Haoguan Plastic Hardware Co., Ltd.; Blinkee.com, LLC; Eyyup Arga; and Itcoolnomore (collectively, ‘‘defaulting respondents’’). VerDate Sep<11>2014 16:45 May 26, 2015 Jkt 235001 On February 3, 2015, the presiding administrative law judge (‘‘ALJ’’) issued an ID finding a violation of section 337 and recommending the issuance of a general exclusion order. See Order No. 13. On February 13, 2015, the IA submitted a petition for review of the ID in part. On March 20, 2015, the Commission determined to review only the domestic industry economic prong determination in the ID. Upon review, the Commission determined to affirm the ALJ’s finding that Choon’s has shown a substantial investment in the exploitation of the ’565 patent through engineering and research and development of articles protected by the ’565 patent, but the Commission determined to modify certain portions of the ID regarding the expenditures comprising the domestic industry investments. The Commission stated that its modifications would be specified in a later Commission opinion. Having affirmed a violation of section 337, the Commission requested briefing concerning remedy, the public interest, and bonding. See 80 FR 16023–25 (March 26, 2015). In response to the Commission’s notice, Choon’s informed the Commission that it changed its corporate form during the course of the investigation from Choon’s Design, Inc., to Choon’s Design LLC. Choon’s also requested that claims 2 and 3 of the ’565 patent be withdrawn from the investigation. No contrary submissions were received on those points. Accordingly, the Commission has determined to amend the notice of investigation to reflect that the complainant is Choon’s Design LLC. The Commission has further determined to terminate the investigation with respect to claims 2 and 3. Upon review of all submissions in response to the Commission’s notice, and the entire record of the investigation, the Commission has determined that the appropriate form of relief for the determined violation of section 337 is a general exclusion order barring entry of loom kits that infringe claim 4 of the ’565 patent. The Commission has further determined that the public interest factors enumerated in section 337(d)(1) (19 U.S.C. 1337(d)(1)) do not preclude issuance of the general exclusion order. Additionally, the Commission has determined that a bond in the amount of one hundred (100) percent of the entered value of subject articles is required to permit temporary importation of the articles in question during the period of Presidential review (19 U.S.C. 1337(j)). The Commission has also issued an opinion explaining its modification of the ALJ’s domestic PO 00000 Frm 00062 Fmt 4703 Sfmt 4703 30267 industry economic prong analysis and explaining the basis for the remedy. The Commission’s determination is final and the investigation is terminated in its entirety. The Commission’s orders and the record upon which it based its determination were delivered to the President and to the United States Trade Representative on the day of their issuance. The Commission has also notified the Secretary of the Treasury of the orders. 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: May 21, 2015. Lisa R. Barton, Secretary to the Commission. [FR Doc. 2015–12765 Filed 5–26–15; 8:45 am] BILLING CODE 7020–02–P DEPARTMENT OF JUSTICE Antitrust Division Notice Pursuant to the National Cooperative Research and Production Act of 1993—Institute of Electrical and Electronics Engineers Notice is hereby given that, on April 13, 2015, pursuant to Section 6(a) of the National Cooperative Research and Production Act of 1993, 15 U.S.C. 4301 et seq. (‘‘the Act’’), the Institute of Electrical and Electronics Engineers (‘‘IEEE’’) has filed written notifications simultaneously with the Attorney General and the Federal Trade Commission disclosing additions or changes to its standards development activities. The notifications were filed for the purpose of extending the Act’s provisions limiting the recovery of antitrust plaintiffs to actual damages under specified circumstances. Specifically, 26 new standards have been initiated and 18 existing standards are being revised. More detail regarding these changes can be found at http:// standards.ieee.org/about/sba/ feb2015.html, and http:// standards.ieee.org/about/sba/ mar2015.html. On February 8, 2015, the IEEE Board of Directors approved an update of the IEEE patent policy for standards development, which became effective on 15 March 2015. The updated policy is available at http://standards.ieee.org/ develop/policies/bylaws/approved- E:\FR\FM\27MYN1.SGM 27MYN1

Agencies

[Federal Register Volume 80, Number 101 (Wednesday, May 27, 2015)]
[Notices]
[Pages 30266-30267]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-12765]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-923]


Certain Loom Kits for Creating Linked Articles

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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

SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined to amend the notice of investigation to 
reflect a change in corporate form by the complainant, to terminate the 
investigation with respect to claims 2 and 3 of U.S. Patent No. 
8,485,565 (``the '565 patent''), and to enter a general exclusion order 
barring entry of loom kits that infringe claim 4 of the '565 patent. 
The Commission's determination is final and the

[[Page 30267]]

investigation is terminated in its entirety.

FOR FURTHER INFORMATION CONTACT: Clark S. Cheney, Office of the General 
Counsel, U.S. International Trade Commission, 500 E Street SW., 
Washington, DC 20436, telephone 202-205-2661. 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 (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. 
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 August 6, 2014, based on a complaint filed by Choon's Design, Inc., 
of Wixom, Michigan, now Choon's Design LLC (``Choon's''). See 79 FR 
45844-45 (August 6, 2014). The complaint alleged violations of section 
337 by reason of the importation into the United States, the sale for 
importation, and the sale within the United States after importation of 
certain loom kits that infringe the '565 patent. The notice of 
investigation named thirteen respondents, all of which either have been 
found in default or have been terminated from this investigation. See 
Notice of Commission Determination Not to Review an Initial 
Determination Terminating the Investigation as to Respondent Creative 
Kidstuff, LLC (September 26, 2014); Notice of Commission Determination 
Not to Review Two Initial Determinations Finding Certain Respondents in 
Default and Terminating the Investigation with Respect to Another 
Respondent (January 9, 2015); Notice of Commission Determination Not to 
Review an Initial Determination Terminating the Investigation as to 
Respondent Altatac, Inc. (January 13, 2015). The respondents in default 
are Island in the Sun LLC; Quality Innovations Inc.; Yiwu Mengwang 
Craft & Art Factory; Shenzhen Xuncent Technology Co., Ltd.; My Imports 
USA LLC; Jayfinn LLC; Hongkong Haoguan Plastic Hardware Co., Ltd.; 
Blinkee.com, LLC; Eyyup Arga; and Itcoolnomore (collectively, 
``defaulting respondents'').
    On February 3, 2015, the presiding administrative law judge 
(``ALJ'') issued an ID finding a violation of section 337 and 
recommending the issuance of a general exclusion order. See Order No. 
13. On February 13, 2015, the IA submitted a petition for review of the 
ID in part. On March 20, 2015, the Commission determined to review only 
the domestic industry economic prong determination in the ID. Upon 
review, the Commission determined to affirm the ALJ's finding that 
Choon's has shown a substantial investment in the exploitation of the 
'565 patent through engineering and research and development of 
articles protected by the '565 patent, but the Commission determined to 
modify certain portions of the ID regarding the expenditures comprising 
the domestic industry investments. The Commission stated that its 
modifications would be specified in a later Commission opinion. Having 
affirmed a violation of section 337, the Commission requested briefing 
concerning remedy, the public interest, and bonding. See 80 FR 16023-25 
(March 26, 2015).
    In response to the Commission's notice, Choon's informed the 
Commission that it changed its corporate form during the course of the 
investigation from Choon's Design, Inc., to Choon's Design LLC. Choon's 
also requested that claims 2 and 3 of the '565 patent be withdrawn from 
the investigation. No contrary submissions were received on those 
points. Accordingly, the Commission has determined to amend the notice 
of investigation to reflect that the complainant is Choon's Design LLC. 
The Commission has further determined to terminate the investigation 
with respect to claims 2 and 3.
    Upon review of all submissions in response to the Commission's 
notice, and the entire record of the investigation, the Commission has 
determined that the appropriate form of relief for the determined 
violation of section 337 is a general exclusion order barring entry of 
loom kits that infringe claim 4 of the '565 patent. The Commission has 
further determined that the public interest factors enumerated in 
section 337(d)(1) (19 U.S.C. 1337(d)(1)) do not preclude issuance of 
the general exclusion order. Additionally, the Commission has 
determined that a bond in the amount of one hundred (100) percent of 
the entered value of subject articles is required to permit temporary 
importation of the articles in question during the period of 
Presidential review (19 U.S.C. 1337(j)). The Commission has also issued 
an opinion explaining its modification of the ALJ's domestic industry 
economic prong analysis and explaining the basis for the remedy. The 
Commission's determination is final and the investigation is terminated 
in its entirety.
    The Commission's orders and the record upon which it based its 
determination were delivered to the President and to the United States 
Trade Representative on the day of their issuance. The Commission has 
also notified the Secretary of the Treasury of the orders.
    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: May 21, 2015.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2015-12765 Filed 5-26-15; 8:45 am]
BILLING CODE 7020-02-P