Certain Female Fashion Dresses, Jumpsuits, Maxi Skirts, and Accoutrements; Notice of a Commission Determination Not To Review an Initial Determination Granting a Joint Motion To Terminate the Investigation Based on Settlement; Termination of the Investigation, 14246 [2020-04924]

Download as PDF 14246 Federal Register / Vol. 85, No. 48 / Wednesday, March 11, 2020 / Notices lotter on DSKBCFDHB2PROD with NOTICES satisfied the economic prong of the DI requirement under section 337(a)(3)(C). The Commission reverses the ID’s and RID’s findings to the contrary and takes no position on the ID’s finding that Kyocera has satisfied the economic prong of the DI requirement under section 337(a)(3)(B). Accordingly, the Commission finds a violation based on Hitachi’s induced infringement of the asserted claims. The Commission has issued an opinion explaining the basis for the Commission’s determination. Having found a violation of section 337 as to the ’718 patent, the Commission has determined that the appropriate form of relief is an LEO prohibiting the entry of unlicensed gas spring nailer products and components thereof that infringe one or more of claims 1, 10, and 16 of the ’718 patent, and that are manufactured abroad by or on behalf of, or imported by or on behalf of Hitachi, or any of its affiliated companies, parents, subsidiaries, or other related business entities, or their successors or assigns. Appropriate relief also includes a CDO prohibiting Hitachi from conducting any of the following activities in the United States: Importing, selling, marketing, advertising, distributing, offering for sale, transferring (except for exportation), and soliciting U.S. agents or distributors for gas spring nailer products and components thereof that infringe one or more of claims 1, 10, and 16 of the ’718 patent. The Commission has further determined that the public interest factors enumerated in sections 337(d)(1) and 337(f)(1) (19 U.S.C. 1337(d)(1) and 1337(f)(1)) do not warrant denying relief. Finally, the Commission has determined that no bond is required during the period of Presidential review (19 U.S.C. 1337(j)). The Commission’s order was delivered to the President and to the United States Trade Representative on the day of its issuance. The Commission has terminated this investigation. 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: March 5, 2020. William Bishop, Supervisory Hearings and Information Officer. [FR Doc. 2020–04925 Filed 3–10–20; 8:45 am] BILLING CODE 7020–02–P VerDate Sep<11>2014 16:37 Mar 10, 2020 Jkt 250001 INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–1157] Certain Female Fashion Dresses, Jumpsuits, Maxi Skirts, and Accoutrements; Notice of a Commission Determination Not To Review an Initial Determination Granting a Joint Motion To Terminate the Investigation Based on Settlement; Termination of the Investigation U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that the U.S. International Trade Commission has determined not to review the presiding administrative law judge’s (‘‘ALJ’’) initial determination (‘‘ID’’) (Order No. 9) granting a joint motion to terminate the investigation based on a settlement agreement. The investigation is terminated in its entirety. SUMMARY: FOR FURTHER INFORMATION CONTACT: Cathy Chen, Esq., Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone (202) 205–2392. 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. SUPPLEMENTARY INFORMATION: The Commission instituted this investigation on May 29, 2019, based on a complaint filed on behalf of Style Pantry LLC (‘‘Style Pantry’’) of Beverly Hills, California. 84 FR 24816 (May 29, 2019). The complaint, as amended, alleges violations of section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, based upon the importation into the United States, the sale for importation, and the sale within the United States after importation of certain female fashion dresses, jumpsuits, maxi skirts, and accoutrements by reason of false PO 00000 Frm 00063 Fmt 4703 Sfmt 9990 designation, false description, dilution, and obtaining sales by false claim of association, the threat or effect of which is to destroy or substantially injure an industry in the United States. The notice of investigation named Amazon.com Inc. (‘‘Amazon’’) of Seattle, Washington; Xunyun, Jiaxing Xunyung Imp & Exp Co. Ltd of Zhejiang, China; and Jianzhang Liao, Pinkqueen Apparel Inc. of Xiamen, China as respondents. The Office of Unfair Import Investigations (‘‘OUII’’) was also named as a party in this investigation. Respondents Xunyun, Jiaxing Xunyung Imp & Exp Co. Ltd and Jianzhang Liao, Pinkqueen Apparel Inc. were found in default pursuant to 19 CFR 210.16, for failure to respond to the complaint and notice of investigation. See Order No. 7 (Dec. 3, 2019), not rev’d by Comm’n Notice (Dec. 26, 2019). On January 22, 2020, Style Pantry and Amazon filed a joint motion to terminate the investigation based on a settlement agreement. On February 3, 2020, OUII filed a response in support of the motion. On February 4, 2020, the ALJ issued the subject ID granting the joint motion to terminate pursuant to Commission Rule 210.21(b)(1) (19 CFR 210.21(b)(1)). See Order No. 9 at 1–2 (Feb. 4, 2020). The ALJ found that the motion to terminate complies with the Commission’s rules, and there is no evidence that terminating this investigation by settlement would be contrary to the public interest. Id. at 2. No petitions for review were filed. The Commission has determined not to review the subject ID. The investigation is terminated in its entirety. 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. Dated: March 5, 2020. William Bishop, Supervisory Hearings and Information Officer. [FR Doc. 2020–04924 Filed 3–10–20; 8:45 am] BILLING CODE 7020–02–P E:\FR\FM\11MRN1.SGM 11MRN1

Agencies

[Federal Register Volume 85, Number 48 (Wednesday, March 11, 2020)]
[Notices]
[Page 14246]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-04924]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1157]


Certain Female Fashion Dresses, Jumpsuits, Maxi Skirts, and 
Accoutrements; Notice of a Commission Determination Not To Review an 
Initial Determination Granting a Joint Motion To Terminate the 
Investigation Based on Settlement; Termination of the Investigation

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 not to review the presiding administrative 
law judge's (``ALJ'') initial determination (``ID'') (Order No. 9) 
granting a joint motion to terminate the investigation based on a 
settlement agreement. The investigation is terminated in its entirety.

FOR FURTHER INFORMATION CONTACT: Cathy Chen, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone (202) 205-2392. 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.

SUPPLEMENTARY INFORMATION: The Commission instituted this investigation 
on May 29, 2019, based on a complaint filed on behalf of Style Pantry 
LLC (``Style Pantry'') of Beverly Hills, California. 84 FR 24816 (May 
29, 2019). The complaint, as amended, alleges violations of section 337 
of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, based upon the 
importation into the United States, the sale for importation, and the 
sale within the United States after importation of certain female 
fashion dresses, jumpsuits, maxi skirts, and accoutrements by reason of 
false designation, false description, dilution, and obtaining sales by 
false claim of association, the threat or effect of which is to destroy 
or substantially injure an industry in the United States. The notice of 
investigation named Amazon.com Inc. (``Amazon'') of Seattle, 
Washington; Xunyun, Jiaxing Xunyung Imp & Exp Co. Ltd of Zhejiang, 
China; and Jianzhang Liao, Pinkqueen Apparel Inc. of Xiamen, China as 
respondents. The Office of Unfair Import Investigations (``OUII'') was 
also named as a party in this investigation.
    Respondents Xunyun, Jiaxing Xunyung Imp & Exp Co. Ltd and Jianzhang 
Liao, Pinkqueen Apparel Inc. were found in default pursuant to 19 CFR 
210.16, for failure to respond to the complaint and notice of 
investigation. See Order No. 7 (Dec. 3, 2019), not rev'd by Comm'n 
Notice (Dec. 26, 2019).
    On January 22, 2020, Style Pantry and Amazon filed a joint motion 
to terminate the investigation based on a settlement agreement. On 
February 3, 2020, OUII filed a response in support of the motion.
    On February 4, 2020, the ALJ issued the subject ID granting the 
joint motion to terminate pursuant to Commission Rule 210.21(b)(1) (19 
CFR 210.21(b)(1)). See Order No. 9 at 1-2 (Feb. 4, 2020). The ALJ found 
that the motion to terminate complies with the Commission's rules, and 
there is no evidence that terminating this investigation by settlement 
would be contrary to the public interest. Id. at 2. No petitions for 
review were filed.
    The Commission has determined not to review the subject ID. The 
investigation is terminated in its entirety.
    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.

    Dated: March 5, 2020.
William Bishop,
Supervisory Hearings and Information Officer.
[FR Doc. 2020-04924 Filed 3-10-20; 8:45 am]
BILLING CODE 7020-02-P