Certain Electric Skin Care Devices, Brushes and Chargers Therefore, and Kits Containing the Same: Notice of a Commission Determination Not To Review an Initial Determination Granting-in-Part Complainant's Motion for Leave To Amend the Amended Complaint and Notice of Investigation, 67420-67421 [2015-27815]

Download as PDF asabaliauskas on DSK5VPTVN1PROD with NOTICES 67420 Federal Register / Vol. 80, No. 211 / Monday, November 2, 2015 / Notices Merchandise imported from the Subject Country; and (c) the quantity and value (f.o.b. U.S. port, including antidumping and/or countervailing duties) of U.S. internal consumption/company transfers of Subject Merchandise imported from the Subject Country. (11) If you are a producer, an exporter, or a trade/business association of producers or exporters of the Subject Merchandise in the Subject Country, provide the following information on your firm’s(s’) operations on that product during calendar year 2014 (report quantity data in terms of both pieces and pounds and value data in U.S. dollars, landed and duty-paid at the U.S. port but not including antidumping or countervailing duties). If you are a trade/business association, provide the information, on an aggregate basis, for the firms which are members of your association. (a) Production (quantity) and, if known, an estimate of the percentage of total production of Subject Merchandise in the Subject Country accounted for by your firm’s(s’) production; (b) Capacity (quantity) of your firm(s) to produce the Subject Merchandise in the Subject Country (i.e., the level of production that your establishment(s) could reasonably have expected to attain during the year, assuming normal operating conditions (using equipment and machinery in place and ready to operate), normal operating levels (hours per week/weeks per year), time for downtime, maintenance, repair, and cleanup, and a typical or representative product mix); and (c) the quantity and value of your firm’s(s’) exports to the United States of Subject Merchandise and, if known, an estimate of the percentage of total exports to the United States of Subject Merchandise from the Subject Country accounted for by your firm’s(s’) exports. (12) Identify significant changes, if any, in the supply and demand conditions or business cycle for the Domestic Like Product that have occurred in the United States or in the market for the Subject Merchandise in the Subject Country after 2009, and significant changes, if any, that are likely to occur within a reasonably foreseeable time. Supply conditions to consider include technology; production methods; development efforts; ability to increase production (including the shift of production facilities used for other products and the use, cost, or availability of major inputs into production); and factors related to the ability to shift supply among different national markets (including barriers to importation in foreign VerDate Sep<11>2014 18:55 Oct 30, 2015 Jkt 238001 markets or changes in market demand abroad). Demand conditions to consider include end uses and applications; the existence and availability of substitute products; and the level of competition among the Domestic Like Product produced in the United States, Subject Merchandise produced in the Subject Country, and such merchandise from other countries. (13) (OPTIONAL) A statement of whether you agree with the above definitions of the Domestic Like Product and Domestic Industry; if you disagree with either or both of these definitions, please explain why and provide alternative definitions. Authority: This proceeding is being conducted under authority of Title VII of the Tariff Act of 1930; this notice is published pursuant to section 207.61 of the Commission’s rules. By order of the Commission. Issued: October 26, 2015. William R. Bishop, Supervisory Hearings and Information Officer. [FR Doc. 2015–27661 Filed 10–30–15; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–959] Certain Electric Skin Care Devices, Brushes and Chargers Therefore, and Kits Containing the Same: Notice of a Commission Determination Not To Review an Initial Determination Granting-in-Part Complainant’s Motion for Leave To Amend the Amended Complaint and Notice of Investigation U.S. International Trade Commission. ACTION: Notice. AGENCY: SUMMARY: Notice is hereby given that the U.S. International Trade Commission has determined not to review an initial determination (‘‘ID’’) (Order No. 22) of the presiding administrative law judge (‘‘ALJ’’) granting-in-part complainant’s motion for leave to amend the amended complaint and notice of investigation. FOR FURTHER INFORMATION CONTACT: Michael Liberman, Esq., Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, telephone (202) 205–3115. 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. PO 00000 Frm 00039 Fmt 4703 Sfmt 4703 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 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 under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337 (‘‘Section 337’’), on June 25, 2015, based on a complaint filed by Pacific Bioscience Laboratories, Inc. of Redmond, Washington (‘‘PBL’’) on April 30, 2015. An amended complaint was filed on May 20, 2015. 80 FR 36576–77 (Jun. 25, 2015). The amended complaint, as supplemented, alleges a violation of Section 337 by reason of infringement of certain claims of U.S. Patent Nos. 7,320,691 (‘‘the ’691 patent’’) and 7,386,906, and U.S. Design Patent No. D523,809 by numerous respondents. The amended complaint further alleges violations of Section 337 based upon the importation into the United States, or in the sale of certain electric skin care devices, brushes and chargers therefor, and kits containing the same, by reason of trade dress infringement, the threat or effect of which is to destroy or substantially injure an industry in the United States. Id. The Commission’s Office of Unfair Import Investigations (‘‘OUII’’) was also named as a party. On September 11, 2015, complainant PBL filed a motion pursuant to 19 CFR 210.14(b) seeking leave to amend its amended complaint and the Commission’s notice of investigation to (1) change the name of respondent ‘‘Michael Todd True Organics LP’’ to ‘‘Michael Todd LP’’ in order to reflect the new name of that entity; (2) assert violation as to an additional accused product of respondents Michael Todd LP and MTTO LLC (collectively, ‘‘MT’’); and (3) assert infringement of additional claims of the ’691 patent by MT’s accused products. On September 23, 2015, the Commission investigative attorney filed a response supporting the motion in part and opposing the motion in part. On September 28, 2015, PBL filed a reply brief. On October 2, 2015, the ALJ issued Order No. 22, granting-in-part and denying-in-part complainant’s motion. The ALJ granted PBL’s motion with E:\FR\FM\02NON1.SGM 02NON1 Federal Register / Vol. 80, No. 211 / Monday, November 2, 2015 / Notices respect to changing the name of respondent ‘‘Michael Todd True Organics LP’’ to ‘‘Michael Todd LP’’ and accusing an additional MT product of infringement. Order No. 22 at 6. The ALJ denied the motion with respect to PBL’s assertion of additional infringement claims against MT under the ’691 patent. Pursuant to Commission Rule 210.14(b), the name change of respondent ‘‘Michael Todd True Organics LP’’ to ‘‘Michael Todd LP’’ is an ID. No party petitioned for review of the subject ID, and the Commission has determined not to review it. 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: October 27, 2015. William R. Bishop, Supervisory Hearings and Information Officer. [FR Doc. 2015–27815 Filed 10–30–15; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [USITC SE–15–035] Government in the Sunshine Act Meeting Notice United States International Trade Commission. TIME AND DATE: November 6, 2015 at 11:00 a.m. PLACE: Room 101, 500 E Street SW., Washington, DC 20436, Telephone: (202) 205–2000. STATUS: Open to the public. MATTERS TO BE CONSIDERED: 1. Agendas for future meetings: none. 2. Minutes. 3. Ratification List. 4. Vote in Inv. Nos. 701–TA–525 and 731–TA–1260–1261 (Final)(Certain Welded Line Pipe from Korea and Turkey). The Commission is currently scheduled to complete and file its determinations and views of the Commission on November 18, 2015. 5. Outstanding action jackets: None. In accordance with Commission policy, subject matter listed above, not disposed of at the scheduled meeting, may be carried over to the agenda of the following meeting. asabaliauskas on DSK5VPTVN1PROD with NOTICES AGENCY HOLDING THE MEETING: By order of the Commission: VerDate Sep<11>2014 18:55 Oct 30, 2015 Jkt 238001 Issued: October 28, 2015. William R. Bishop, Supervisory Hearings and Information Officer. [FR Doc. 2015–27923 Filed 10–29–15; 11:15 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [USITC SE–15–036] Government In the Sunshine Act Meeting Notice United States International Trade Commission. TIME AND DATE: November 9, 2015 at 11:00 a.m. PLACE: Room 101, 500 E Street SW., Washington, DC 20436, Telephone: (202) 205–2000. STATUS: Open to the public. MATTERS TO BE CONSIDERED: 1. Agendas for future meetings: none. 2. Minutes. 3. Ratification List. 4. Vote in Inv. Nos. 731–TA–753, 754, and 756 (Third Review)(Cut-to-Length Carbon Steel Plate from China, Russia, and Ukraine). The Commission is currently scheduled to complete and file its determinations and views of the Commission on December 2, 2015. 5. Outstanding action jackets: none. In accordance with Commission policy, subject matter listed above, not disposed of at the scheduled meeting, may be carried over to the agenda of the following meeting. AGENCY HOLDING THE MEETING: By order of the Commission: Issued: October 27, 2015. William R. Bishop, Supervisory Hearings and Information Officer. surfactants, and plasticizers, and provides custom liquid blending, food grade packaging, and laboratory services. The Complaint alleges the following violations at five solvent blending, storage and distribution plants owned and operated by Barton in Iowa and Kansas: (1) Violations of Section 112(r)(1) of the Clean Air Act, known as the General Duty Clause (GDC), 42 U.S.C. 7412(r)(1); (2) violation of Section 304 of the Emergency Planning and Community Right-To-Know Act, 42 U.S.C. 10004; (3) violations of the Spill Prevention Control and Countermeasure (SPCC) regulations promulgated under Section 311(j) of the Clean Water Act, 40 CFR 1321(j); and (4) violations of multiple federal and state Resource Conservation and Recovery Act (RCRA) requirements, 42 U.S.C. 6901 et seq. Under the proposed Consent Decree, Barton will correct ongoing violations, conduct three extensive audits of GDC, SPCC, and RCRA compliance at all of its facilities and pay a civil penalty of $1.1 million. The publication of this notice opens a period for public comment on the Consent Decree. Comments should be addressed to the Assistant Attorney General, Environment and Natural Resources Division, and should refer to United States v. Barton Solvents, Inc., D.J. Ref. No. 90–5–2–1–10133. All comments must be submitted no later than thirty (30) days after the publication date of this notice. Comments may be submitted either by email or by mail: To submit comments: Send them to: By e-mail ...... pubcomment-ees.enrd@ usdoj.gov. Assistant Attorney General, U.S. DOJ—ENRD, P.O. Box 7611, Washington, DC 20044–7611. [FR Doc. 2015–27924 Filed 10–29–15; 11:15 am] By mail ......... BILLING CODE 7020–02–P DEPARTMENT OF JUSTICE Notice of Lodging of Proposed Consent Decree Under The Clean Air Act, Emergency Panning and Community Right-To-Know Act, Clean Water Act, and The Resource Conservation and Recovery Act On October 26, 2015, the Department of Justice lodged a proposed Consent Decree with the United States District Court for the Southern District of Iowa in the lawsuit entitled United States v. Barton Solvents, Inc., Civil Action No. 15–378. Defendant Barton Solvents, Inc. (Barton) distributes chemicals, oils, PO 00000 Frm 00040 Fmt 4703 Sfmt 4703 67421 During the public comment period, the Consent Decree may be examined and downloaded at this Justice Department Web site: http:// www.justice.gov/enrd/consent-decrees. We will provide a paper copy of the Consent Decree upon written request and payment of reproduction costs. Please mail your request and payment to: Consent Decree Library, U.S. DOJ— ENRD, P.O. Box 7611, Washington, DC 20044–7611. Please enclose a check or money order for $21.00 (25 cents per page E:\FR\FM\02NON1.SGM 02NON1

Agencies

[Federal Register Volume 80, Number 211 (Monday, November 2, 2015)]
[Notices]
[Pages 67420-67421]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-27815]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-959]


Certain Electric Skin Care Devices, Brushes and Chargers 
Therefore, and Kits Containing the Same: Notice of a Commission 
Determination Not To Review an Initial Determination Granting-in-Part 
Complainant's Motion for Leave To Amend the Amended Complaint and 
Notice of Investigation

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 an initial determination 
(``ID'') (Order No. 22) of the presiding administrative law judge 
(``ALJ'') granting-in-part complainant's motion for leave to amend the 
amended complaint and notice of investigation.

FOR FURTHER INFORMATION CONTACT: Michael Liberman, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street SW., 
Washington, DC 20436, telephone (202) 205-3115. 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 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 
under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337 
(``Section 337''), on June 25, 2015, based on a complaint filed by 
Pacific Bioscience Laboratories, Inc. of Redmond, Washington (``PBL'') 
on April 30, 2015. An amended complaint was filed on May 20, 2015. 80 
FR 36576-77 (Jun. 25, 2015). The amended complaint, as supplemented, 
alleges a violation of Section 337 by reason of infringement of certain 
claims of U.S. Patent Nos. 7,320,691 (``the '691 patent'') and 
7,386,906, and U.S. Design Patent No. D523,809 by numerous respondents. 
The amended complaint further alleges violations of Section 337 based 
upon the importation into the United States, or in the sale of certain 
electric skin care devices, brushes and chargers therefor, and kits 
containing the same, by reason of trade dress infringement, the threat 
or effect of which is to destroy or substantially injure an industry in 
the United States. Id. The Commission's Office of Unfair Import 
Investigations (``OUII'') was also named as a party.
    On September 11, 2015, complainant PBL filed a motion pursuant to 
19 CFR 210.14(b) seeking leave to amend its amended complaint and the 
Commission's notice of investigation to (1) change the name of 
respondent ``Michael Todd True Organics LP'' to ``Michael Todd LP'' in 
order to reflect the new name of that entity; (2) assert violation as 
to an additional accused product of respondents Michael Todd LP and 
MTTO LLC (collectively, ``MT''); and (3) assert infringement of 
additional claims of the '691 patent by MT's accused products. On 
September 23, 2015, the Commission investigative attorney filed a 
response supporting the motion in part and opposing the motion in part. 
On September 28, 2015, PBL filed a reply brief.
    On October 2, 2015, the ALJ issued Order No. 22, granting-in-part 
and denying-in-part complainant's motion. The ALJ granted PBL's motion 
with

[[Page 67421]]

respect to changing the name of respondent ``Michael Todd True Organics 
LP'' to ``Michael Todd LP'' and accusing an additional MT product of 
infringement. Order No. 22 at 6. The ALJ denied the motion with respect 
to PBL's assertion of additional infringement claims against MT under 
the '691 patent.
    Pursuant to Commission Rule 210.14(b), the name change of 
respondent ``Michael Todd True Organics LP'' to ``Michael Todd LP'' is 
an ID. No party petitioned for review of the subject ID, and the 
Commission has determined not to review it.
    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: October 27, 2015.
William R. Bishop,
Supervisory Hearings and Information Officer.
[FR Doc. 2015-27815 Filed 10-30-15; 8:45 am]
 BILLING CODE 7020-02-P