Certain Electric Skin Care Devices, Brushes and Chargers Therefor, and Kits Containing the Same; Commission Determination To Review in Part an Initial Determination Granting Complainant's Motion for Summary Determination of Violation of Section 337; Request for Written Submissions on Remedy, the Public Interest, and Bonding, 35377-35379 [2016-12923]

Agencies

• INTERNATIONAL TRADE COMMISSION

[Federal Register Volume 81, Number 106 (Thursday, June 2, 2016)]
[Notices]
[Pages 35377-35379]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-12923]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-959]


Certain Electric Skin Care Devices, Brushes and Chargers 
Therefor, and Kits Containing the Same; Commission Determination To 
Review in Part an Initial Determination Granting Complainant's Motion 
for Summary Determination of Violation of Section 337; Request for 
Written Submissions on Remedy, the Public Interest, and Bonding

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined to review in part an initial determination 
(``ID'') (Order No. 42) of the presiding administrative law judge 
(``ALJ'') granting complainant's motion for summary determination of 
violation of section 337.

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 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. 
Hearing-impaired persons are advised that information on this matter 
can be obtained by contacting the Commission's TDD terminal on (202) 
205-1810.

[[Page 35378]]


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''). 
80 FR 36576-77 (Jun. 25, 2015). The amended complaint, as supplemented, 
alleges a violation of section 337 based upon the importation into the 
United States, the sale for importation, or the sale within the United 
States after importation of certain electric skin care devices, brushes 
and chargers therefor, and kits containing the same by reason of 
infringement of certain claims of U.S. Patent Nos. 7,320,691 and 
7,386,906, and U.S. Design Patent No. D523,809. The complaint further 
alleges violations of section 337 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 
complaint named numerous respondents. The Commission's Office of Unfair 
Import Investigations was named as a party.
    During the course of the investigation, eight of the respondents 
were terminated by consent order: Nutra-Luxe M.D., LLC of Fort Myers, 
Florida (Order No. 10) (consent order issued Jan. 5, 2016); 
SkincarebyAlana of Dana Point, California (Order No. 11) (consent order 
issued Oct. 6, 2015); Unicos USA, Inc. of LaHabra, California (Order 
No. 15) (consent order issued Oct. 20, 2015); H2PRO Beautylife, Inc. of 
Placentia, California (Order No. 19) (consent order issued Oct. 22, 
2015); Jewlzie of New York, New York (Order No. 20) (consent order 
issued Oct. 22, 2015); Home Skinovations Inc. of Richmond Hill, 
Ontario, Canada, and Home Skinovations Ltd. of Yokneam, Israel (Order 
No. 30) (consent order issued Dec. 23, 2015); and Accord Media, LLC of 
New York, New York (Order No. 31) (consent order issued Dec. 23, 2015). 
Respondent RN Ventures Ltd. of London, United Kingdom, was terminated 
based on a settlement agreement (Order No. 36) (not reviewed Feb. 4, 
2016). Respondents Michael Todd LP and MTTO LLC, both of Port St. 
Lucie, Florida, were also terminated based on a settlement agreement 
(Order No. 37) (not reviewed Mar. 3, 2016).
    The remaining ten respondents were found in default: Coreana 
Cosmetics Co., Ltd. of Chungcheongnam-do, Republic of Korea; Flageoli 
Classic Limited of Las Vegas, Nevada; Serious Skin Care, Inc. of Carson 
City, Nevada; Shanghai Anzikang Electric Co., Ltd. of Shanghai, China; 
and Wenzhou Ai Er Electrical Technology Co., Ltd. of ZheJiang, China 
(Order No. 13) (not reviewed, as modified by Order No. 15, Oct. 20, 
2015); ANEX Corporation of Seoul, Republic of Korea; Korean Beauty Co., 
Ltd. of Seoul, Republic of Korea; and Our Family Jewels, Inc. of 
Parker, Colorado (Order No. 18) (not reviewed Oct. 22, 2015); Beauty 
Tech, Inc. of Coral Gables, Florida (Order No. 24) (not reviewed Nov. 
13, 2015); and Xnovi Electronic Co., Ltd. of Shenzhen, China (Order No. 
32) (not reviewed Dec. 23, 2015) (collectively, ``the defaulting 
Respondents'').
    On February 18, 2016, complainant PBL filed a motion for summary 
determination of violation of Section 337 by the defaulting 
Respondents. The Commission investigative attorney (``IA'') filed a 
response in support of the motion. No other responses were filed.
    On April 11, 2016, the ALJ issued an ID (Order No. 42) granting 
complainant's motion and making recommendations regarding remedy and 
bonding. The IA filed a timely petition for review-in-part of the ID. 
No other party petitioned for review of the ID. Complainant PBL filed a 
response in support of the IA's petition. No other responses were 
filed.
    The Commission has determined to review the ID in part. 
Specifically, the Commission has determined to review the ID's findings 
on the economic prong of the domestic industry requirement as to the 
patent-based allegations, all issues related to violation of the 
asserted trade dress, and to correct certain minor typographical 
errors. The Commission does not request any submissions on the issues 
under review.
    In connection with the final disposition of this investigation, the 
Commission may (1) issue an order that could result in the exclusion of 
the subject articles from entry into the United States, and/or (2) 
issue one or more cease and desist orders that could result in the 
respondent being required to cease and desist from engaging in unfair 
acts in the importation and sale of such articles. Accordingly, the 
Commission is interested in receiving written submissions that address 
the form of remedy, if any, that should be ordered. If a party seeks 
exclusion of an article from entry into the United States for purposes 
other than entry for consumption, the party should so indicate and 
provide information establishing that activities involving other types 
of entry either are adversely affecting it or are likely to do so. For 
background, see Certain Devices for Connecting Computers via Telephone 
Lines, Inv. No. 337-TA-360, USITC Pub. No. 2843 (Dec. 1994) (Commission 
Opinion).
    If the Commission contemplates some form of remedy, it must 
consider the effects of that remedy upon the public interest. The 
factors the Commission will consider include the effect that an 
exclusion order and/or cease and desist orders would have on (1) the 
public health and welfare, (2) competitive conditions in the U.S. 
economy, (3) U.S. production of articles that are like or directly 
competitive with those that are subject to investigation, and (4) U.S. 
consumers. The Commission is therefore interested in receiving written 
submissions that address the aforementioned public interest factors in 
the context of this investigation.
    If the Commission orders some form of remedy, the U.S. Trade 
Representative, as delegated by the President, has 60 days to approve 
or disapprove the Commission's action. During this period, the subject 
articles would be entitled to enter the United States under bond, in an 
amount determined by the Commission and prescribed by the Secretary of 
the Treasury. The Commission is therefore interested in receiving 
submissions concerning the amount of the bond that should be imposed if 
a remedy is ordered.
    Written Submissions: Parties to the investigation, interested 
government agencies, and any other interested parties are encouraged to 
file written submissions on the issues of remedy, the public interest, 
and bonding. Complainant and the IA are also requested to submit 
proposed remedial orders for the Commission's consideration. 
Complainant is further requested to provide the expiration dates of 
each of the asserted patents, and state the HTSUS subheadings under 
which the accused articles are imported. Complainant is also requested 
to supply the names of known importers of the infringing articles. The 
written submissions and proposed remedial orders must be filed no later 
than the close of business on June 9, 2016. Reply submissions must be 
filed no later than the close of business on June 16, 2016. Such 
submissions should address the ALJ's recommended determinations on 
remedy and bonding which were made in Order No. 42. No further 
submissions on these issues will be permitted unless otherwise ordered 
by the Commission.
    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 210.4(f) of the Commission's Rules of Practice and 
Procedure (19 CFR 210.4(f)). Submissions should refer to

[[Page 35379]]

the investigation number (``Inv. No. 337-TA-959'') in a prominent place 
on the cover page and/or the first page. (See Handbook for Electronic 
Filing Procedures, https://www.usitc.gov/secretary/fed_reg_notices/rules/handbook_on_electronic_filing.pdf). 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. A 
redacted non-confidential version of the document must also be filed 
simultaneously with any confidential filing. All non-confidential 
written submissions will be available for public inspection at the 
Office of the Secretary and on EDIS.
    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 26, 2016.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2016-12923 Filed 6-1-16; 8:45 am]
BILLING CODE 7020-02-P