Certain Reusable Diapers, Components Thereof, and Products Containing the Same; Institution of Investigation, 49422-49423 [2017-23106]

Agencies

• INTERNATIONAL TRADE COMMISSION

[Federal Register Volume 82, Number 205 (Wednesday, October 25, 2017)]
[Notices]
[Pages 49422-49423]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-23106]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1077]


Certain Reusable Diapers, Components Thereof, and Products 
Containing the Same; 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 September 19, 2017, under 
section 337 of the Tariff Act of 1930, as amended, on behalf of Cotton 
Babies, Inc. of Fenton, Missouri. A supplement to the Complaint was 
filed on October 2, 2017. The complaint 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 reusable diapers, components thereof, and products containing 
the same by reason of infringement of U.S. Trademark Registration No. 
4,120,270 (``the '270 trademark'') and certain claims of U.S. Patent 
No. 8,518,007 (``the '007 patent''). The complaint further alleges that 
an industry in the United States exists as required by the applicable 
Federal Statute.
    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: Pathenia M. Proctor, 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, 19 
U.S.C. 1337 and in section 210.10 of the Commission's Rules of Practice 
and Procedure, 19 CFR 210.10 (2017).
    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on October 19, 2017, ordered that--
    (1) Pursuant to subsection (b) of section 337 of the Tariff Act of 
1930, as amended, an investigation be instituted to determine:
    (a) 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 reusable diapers, components thereof, and products containing 
the same by reason of infringement of one or more of claims 1, 13, 20, 
and 21 of the '007 patent, and whether an industry in the United States 
exists as required by subsection (a)(2) of section 337;
    (b) Whether there is a violation of subsection (a)(1)(C) 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 reusable diapers, components thereof, and products containing 
the same by reason of infringement of the '270 trademark, 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: Cotton Babies, Inc., 1299 N. Highway Drive, 
Fenton, MO 63026.
    (b) The respondents are the following entities alleged to be in 
violation of section 337, and is the parties upon which the complaint 
is to be served:

Alvababy.com, 4th Floor, Building 5, Zone 2, Qingxiechang, Yaqiuhu 
Industrial Park, Mumianwan, Buji Street, Longgang District, ShenZhen, 
Guangdong, China
Shenzhen Adsel Trading Co., Ltd., d/b/a Alva, Room 802, 8/F Haoyunlai 
Building, Yanhe Road; Luohu District, Shenzhen, Guangdong, China 518000
Huizhou Huapin Garment Co., Ltd., Plant 23, Gexin Street, Sandong Town, 
Huizhou, Guangdong, China


[[Page 49423]]


    (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: October 19, 2017.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2017-23106 Filed 10-24-17; 8:45 am]
 BILLING CODE 7020-02-P