Certain Pumping Bras; Institution of Investigation, 13419-13420 [2016-05666]

Agencies

• INTERNATIONAL TRADE COMMISSION

[Federal Register Volume 81, Number 49 (Monday, March 14, 2016)]
[Notices]
[Pages 13419-13420]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-05666]


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 INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-988]


Certain Pumping Bras; Institution of Investigation

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 February 5, 2016, under section 
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
Simple Wishes, LLC of Sacramento, California. A supplement was filed on 
February 26, 2016. The complaint, as supplemented, alleges violations 
of section 337 based upon the importation into the United States, the 
sale for importation, and the sale within the United States after 
importation of certain pumping bras by reason of infringement of 
certain claims of U.S. Patent No. 8,323,070 (``the '070 patent'') and 
U.S. Patent No. 8,192,247 (``the '247 patent''). The complaint further 
alleges that an industry in the

[[Page 13420]]

United States exists as required by subsection (a)(2) of section 337.
    The complainant requests 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.

SUPPLEMENTARY INFORMATION: 

    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 (2015).

    Scope Of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on March 8, 2016, 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 pumping bras 
by reason of infringement of one or more of claims 10, 12, 14-16, and 
27-37 of the '070 patent and claims 1-3, 5-7, 9 and 19 of the '247 
patent, and whether an industry in the United States exists 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 complainant is:

Simple Wishes, LLC, 1172 National Drive, Suite 90, Sacramento, CA 
95834.

    (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:

TANZKY, Longhua Renming Road, Longhua Jiedao Baohua Road, 173HAO 
Chaohuilou 5-50 (Am_Tang) Luohugu, China.
BabyPreg, Shenzhen Yayi Technology Limited, Room 501 Building 10 Fuxuan 
New Village, Dalang Street Office Longhua, BAOAN, Shenzhen Guangdong 
518000, China.
Deal Perfect, Huanancheng 1haojiaoyi guangchang 5lou, wanshang, 
Chuangyeyuan, Shenzhen, Guangdong, China.
Buywish, 121 Longpan Road XuanWuQu, Nanjing Jiangsu 210009, China.

    (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: March 9, 2016.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2016-05666 Filed 3-11-16; 8:45 am]
 BILLING CODE 7020-02-P