Certain Insulated Beverage Containers, Components, Labels, and Packaging Materials Thereof: Institution of Investigation, 55860-55861 [2017-25360]
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Federal Register / Vol. 82, No. 225 / Friday, November 24, 2017 / Notices
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copies to the Office of the Secretary by
noon the next day pursuant to § 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. 3276) in a
prominent place on the cover page and/
or the first page. (See Handbook for
Electronic Filing Procedures, Electronic
Filing Procedures 1). 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 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 information,
including confidential business
information and documents for which
confidential treatment is properly
sought, submitted to the Commission for
purposes of this Investigation may be
disclosed to and used: (i) By the
Commission, its employees and Offices,
and contract personnel (a) for
developing or maintaining the records
of this or a related proceeding, or (b) in
internal investigations, audits, reviews,
and evaluations relating to the
programs, personnel, and operations of
the Commission including under 5
U.S.C. Appendix 3; or (ii) by U.S.
government employees and contract
personnel,2 solely for cybersecurity
purposes. All nonconfidential written
submissions will be available for public
inspection at the Office of the Secretary
and on EDIS.3
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 §§ 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.
1 Handbook for Electronic Filing Procedures:
https://www.usitc.gov/documents/handbook_on_
filing_procedures.pdf.
2 All contract personnel will sign appropriate
nondisclosure agreements.
3 Electronic Document Information System
(EDIS): https://edis.usitc.gov.
VerDate Sep<11>2014
18:19 Nov 22, 2017
Jkt 244001
Issued: November 17, 2017.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2017–25369 Filed 11–22–17; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–1084]
Certain Insulated Beverage Containers,
Components, Labels, and Packaging
Materials Thereof: Institution of
Investigation
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
Notice is hereby given that a
complaint was filed with the U.S.
International Trade Commission on
September 28, 2017, under section 337
of the Tariff Act of 1930, as amended,
on behalf of YETI Coolers, LLC of
Austin, Texas. An amended complaint
was filed on October 27, 2017. A
supplement to the amended complaint
was filed on October 31, 2017. The
amended 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 insulated
beverage containers, components,
labels, and packaging materials thereof
by reason of infringement of U.S.
Trademark Registration No. 5,233,441
(‘‘the ’441 trademark’’); U.S. Trademark
No. 4,883,074 (‘‘the ’074 trademark’’);
U.S. Copyright Registration No. VA 1–
974–722 (‘‘the ’722 copyright’’); U.S.
Copyright Registration No. VA 1–974–
732 (‘‘the ’732 copyright’’); U.S.
Copyright Registration No. VA 1–974–
735 (‘‘the ’735 copyright’’); U.S. Design
Patent No. D752,397 (‘‘the ’397 design
patent’’); U.S. Design Patent No.
D780,533 (‘‘the ’533 design patent’’);
U.S. Design Patent No. D781,146 (‘‘the
’146 design patent’’); and U.S. Design
Patent No. D784,775 (‘‘the ’775 design
patent’). The amended complaint
further alleges that an industry in the
United States exists as required by the
applicable Federal Statute. The
amended complaint also alleges
violations of section 337 based on the
importation into the United States, or in
the sale of certain insulated beverage
containers, components, labels, and
packaging materials thereof by reason of
false advertising and passing off, the
threat or effect of which is to destroy or
substantially injure an industry in the
United States.
SUMMARY:
PO 00000
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The complainant requests that the
Commission institute an investigation
and, after the investigation, issue
limited exclusion order and cease and
desist orders.
ADDRESSES: The amended complaint, as
supplemented, 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 amended complaint, the
U.S. International Trade Commission,
on November 15, 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)(A) in the importation
or sale of certain insulated beverage
containers, components, labels, and
packaging materials thereof by reason of
false advertising or passing off, the
threat or effect of which is to destroy or
substantially injure an industry in the
United States;
(b) 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 insulated beverage containers,
components, labels, and packaging
materials thereof by reason of
infringement of one or more of the ’722
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sradovich on DSK3GMQ082PROD with NOTICES
Federal Register / Vol. 82, No. 225 / Friday, November 24, 2017 / Notices
copyright; the ’732 copyright; the ’735
copyright; the claim of the ’397 design
patent; the claim of the ’533 design
patent; the claim of the ’146 design
patent; and the claim of the ’775 design
patent; and whether an industry in the
United States exists as required by
subsection (a)(2) of section 337;
(c) 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 insulated beverage containers,
components, labels, and packaging
materials thereof by reason of
infringement of one or more of the ’441
trademark and the ’074 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: YETI Coolers,
LLC, 7601 Southwest Parkway, Austin,
Texas 78735
(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:
Alibaba (China) Technology Co., Ltd.,
26/F Tower One, Times Square, l
Matheson Street, Causeway Bay, Hong
Kong
Alibaba Group Holding Limited, c/o
Alibaba Group Services Limited, 26/F
Tower One, Times Square, 1
Matheson Street, Causeway Bay, Hong
Kong
Alibaba.com Hong Kong Limited, 26/F
Tower One, Times Square, 1
Matheson Street, Causeway Bay, Hong
Kong
Alibaba.com Singapore E-Commerce
Private Limited, 26/F Tower One,
Times Square, 1 Matheson Street,
Causeway Bay, Hong Kong
Bonanza.com, Inc., 3131 Western Ave,
Suite 428, Seattle, WA 98121
ContextLogic, Inc. d/b/a/Wish, 1
Sansome Street, 40th Floor, San
Francisco, CA 94104
Dunhuang Group, 6F Dimeng
Commercial Building, No. 3–2 Hua
Yuan Road, Haidian District Beijing
100191, China
Hangzhou Alibaba Advertising Co., Ltd.,
26/F Tower One, Times Square, 1
Matheson Street, Causeway Bay, Hong
Kong
Huizhou Dashu Trading Co., Ltd., 2001
Unit 2, #203 Building, Jinshanhu
Garden, Huanhu Third Road,
Huicheng District, Huizhou City,
Guangdong Province, China
VerDate Sep<11>2014
18:19 Nov 22, 2017
Jkt 244001
Huagong Trading Co., Ltd.,
WANGSHIZHUANG, QINGHE
County, Hebei, QINGH,, Hebei, China
Tan Er Pa Technology Co., Ltd., Floor 9
10, No. 29 Qianlu, Manfeng Village
Shajing, Kwai Chung N.T., Hong Kong
Shenzhen Great Electronic Technology
Co.,, Ltd., Room 3108A, Modern
International,, Jintian Rd, Futian
District, Shenzhen,, China 518000
SZ Flowerfairy Technology Ltd., 115
Room, No. 12, Building
Pinshangyuan, Xixiang Street, Baoan
District, Shenzhen, 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 amended 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 amended complaint
and the notice of investigation.
Extensions of time for submitting
responses to the amended 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
amended complaint and in this notice
may be deemed to constitute a waiver of
the right to appear and contest the
allegations of the amended 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 amended 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: November 17, 2017.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2017–25360 Filed 11–22–17; 8:45 am]
BILLING CODE 7020–02–P
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55861
INTERNATIONAL TRADE
COMMISSION
[USITC SE–17–054]
Sunshine Act Meetings
United
States International Trade Commission.
TIME AND DATE: November 29, 2017 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–476 and
731–tA–1179 (Review) (Multilayered
Wood Flooring from China). The
Commission is currently scheduled to
complete and file its determinations and
views of the Commission by December
13, 2017.
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: November 20, 2017.
William R. Bishop,
Supervisory Hearings and Information
Officer.
[FR Doc. 2017–25491 Filed 11–21–17; 11:15 am]
BILLING CODE 7020–02–P
DEPARTMENT OF JUSTICE
Antitrust Division
United States v. CenturyLink, Inc. and
Level 3 Communications, Inc.;
Proposed Final Judgment and
Competitive Impact Statement
Notice is hereby given pursuant to the
Antitrust Procedures and Penalties Act,
15 U.S.C. 16(b)–(h), that a proposed
Final Judgment, Stipulation, and
Competitive Impact Statement have
been filed with the United States
District Court for the District of
Columbia in United States of America v.
CenturyLink, Inc. and Level 3
Communications, Inc., Civil Action No.
17–cv–2028 (KBJ). On October 2, 2017,
the United States filed a Complaint
alleging that CenturyLink, Inc.’s
proposed acquisition of Level 3
Communications, Inc. would violate
Section 7 of the Clayton Act, 15 U.S.C.
18. The proposed Final Judgment, filed
at the same time as the Complaint,
E:\FR\FM\24NON1.SGM
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]]>Agencies
[Federal Register Volume 82, Number 225 (Friday, November 24, 2017)]
[Notices]
[Pages 55860-55861]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-25360]
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1084]
Certain Insulated Beverage Containers, Components, Labels, and
Packaging Materials Thereof: Institution of Investigation
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that a complaint was filed with the
U.S. International Trade Commission on September 28, 2017, under
section 337 of the Tariff Act of 1930, as amended, on behalf of YETI
Coolers, LLC of Austin, Texas. An amended complaint was filed on
October 27, 2017. A supplement to the amended complaint was filed on
October 31, 2017. The amended 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 insulated beverage containers, components,
labels, and packaging materials thereof by reason of infringement of
U.S. Trademark Registration No. 5,233,441 (``the '441 trademark'');
U.S. Trademark No. 4,883,074 (``the '074 trademark''); U.S. Copyright
Registration No. VA 1-974-722 (``the '722 copyright''); U.S. Copyright
Registration No. VA 1-974-732 (``the '732 copyright''); U.S. Copyright
Registration No. VA 1-974-735 (``the '735 copyright''); U.S. Design
Patent No. D752,397 (``the '397 design patent''); U.S. Design Patent
No. D780,533 (``the '533 design patent''); U.S. Design Patent No.
D781,146 (``the '146 design patent''); and U.S. Design Patent No.
D784,775 (``the '775 design patent'). The amended complaint further
alleges that an industry in the United States exists as required by the
applicable Federal Statute. The amended complaint also alleges
violations of section 337 based on the importation into the United
States, or in the sale of certain insulated beverage containers,
components, labels, and packaging materials thereof by reason of false
advertising and passing off, the threat or effect of which is to
destroy or substantially injure an industry in the United States.
The complainant requests that the Commission institute an
investigation and, after the investigation, issue limited exclusion
order and cease and desist orders.
ADDRESSES: The amended complaint, as supplemented, 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 amended complaint,
the U.S. International Trade Commission, on November 15, 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)(A) in the
importation or sale of certain insulated beverage containers,
components, labels, and packaging materials thereof by reason of false
advertising or passing off, the threat or effect of which is to destroy
or substantially injure an industry in the United States;
(b) 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 insulated beverage containers, components, labels, and
packaging materials thereof by reason of infringement of one or more of
the '722
[[Page 55861]]
copyright; the '732 copyright; the '735 copyright; the claim of the
'397 design patent; the claim of the '533 design patent; the claim of
the '146 design patent; and the claim of the '775 design patent; and
whether an industry in the United States exists as required by
subsection (a)(2) of section 337;
(c) 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 insulated beverage containers, components, labels, and
packaging materials thereof by reason of infringement of one or more of
the '441 trademark and the '074 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: YETI Coolers, LLC, 7601 Southwest Parkway,
Austin, Texas 78735
(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:
Alibaba (China) Technology Co., Ltd., 26/F Tower One, Times Square, l
Matheson Street, Causeway Bay, Hong Kong
Alibaba Group Holding Limited, c/o Alibaba Group Services Limited, 26/F
Tower One, Times Square, 1 Matheson Street, Causeway Bay, Hong Kong
Alibaba.com Hong Kong Limited, 26/F Tower One, Times Square, 1 Matheson
Street, Causeway Bay, Hong Kong
Alibaba.com Singapore E-Commerce Private Limited, 26/F Tower One, Times
Square, 1 Matheson Street, Causeway Bay, Hong Kong
Bonanza.com, Inc., 3131 Western Ave, Suite 428, Seattle, WA 98121
ContextLogic, Inc. d/b/a/Wish, 1 Sansome Street, 40th Floor, San
Francisco, CA 94104
Dunhuang Group, 6F Dimeng Commercial Building, No. 3-2 Hua Yuan Road,
Haidian District Beijing 100191, China
Hangzhou Alibaba Advertising Co., Ltd., 26/F Tower One, Times Square, 1
Matheson Street, Causeway Bay, Hong Kong
Huizhou Dashu Trading Co., Ltd., 2001 Unit 2, #203 Building, Jinshanhu
Garden, Huanhu Third Road, Huicheng District, Huizhou City, Guangdong
Province, China
Huagong Trading Co., Ltd., WANGSHIZHUANG, QINGHE County, Hebei, QINGH,,
Hebei, China
Tan Er Pa Technology Co., Ltd., Floor 9 10, No. 29 Qianlu, Manfeng
Village Shajing, Kwai Chung N.T., Hong Kong
Shenzhen Great Electronic Technology Co.,, Ltd., Room 3108A, Modern
International,, Jintian Rd, Futian District, Shenzhen,, China 518000
SZ Flowerfairy Technology Ltd., 115 Room, No. 12, Building
Pinshangyuan, Xixiang Street, Baoan District, Shenzhen, 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 amended 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 amended complaint
and the notice of investigation. Extensions of time for submitting
responses to the amended 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 amended complaint and in this notice may be deemed to
constitute a waiver of the right to appear and contest the allegations
of the amended 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 amended
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: November 17, 2017.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2017-25360 Filed 11-22-17; 8:45 am]
BILLING CODE 7020-02-P
