Certain Non-Invasive Aesthetic Body-Contouring Devices, Components Thereof, and Methods of Using Same; Institution of Investigation, 55687-55688 [2020-19816]

Download as PDF Federal Register / Vol. 85, No. 175 / Wednesday, September 9, 2020 / Notices Under section 11 of the Indian Gaming Regulatory Act (IGRA) Public Law 100– 497, 25 U.S.C. 2701 et seq., the Secretary of the Interior shall publish in the Federal Register notice of approved Tribal-State compacts for the purpose of engaging in class III gaming activities on Indian lands. As required by IGRA and 25 CFR 293.4, all compacts and amendments are subject to review and approval by the Secretary. The compact amendment authorizes the Tribe to waive the required payment to the Community Benefit Fund for the year 2020. SUPPLEMENTARY INFORMATION: Tara Sweeney, Assistant Secretary—Indian Affairs. [FR Doc. 2020–19928 Filed 9–8–20; 8:45 am] BILLING CODE 4337–15–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–1219] Certain Non-Invasive Aesthetic BodyContouring Devices, Components Thereof, and Methods of Using Same; 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 August 5, 2020, under section 337 of the Tariff Act of 1930, as amended, on behalf of BTL Industries, Inc. of Marlborough, Massachusetts. 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 non-invasive aesthetic body-contouring devices, components thereof, and methods of using same by reason of infringement of certain claims of U.S. Patent No. 10,632,321 (‘‘the ’321 patent’’); U.S. Patent No. 10,695,575 (‘‘the ’575 patent’’); U.S. Patent No. 10,695,576 (‘‘the ’576 patent’’); U.S. Patent No. 10,709,894 (‘‘the ’894 patent’’); U.S. Patent No. 10,709,895 (‘‘the ’895 patent’’); and U.S. Patent No. 10,478,634 (‘‘the ’634 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 limited exclusion order and cease and desist orders. SUMMARY: VerDate Sep<11>2014 17:47 Sep 08, 2020 Jkt 250001 The complaint, except for any confidential information contained therein, may be viewed on the Commission’s electronic docket (EDIS) at https://edis.usitc.gov. For help accessing EDIS, please email EDIS3Help@usitc.gov. 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. FOR FURTHER INFORMATION CONTACT: Katherine Hiner, Office of Docket Services, U.S. International Trade Commission, telephone (202) 205–1802. 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 (2020). Scope of Investigation: Having considered the complaint, the U.S. International Trade Commission, on September 2, 2020, 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 products identified in paragraph (2) by reason of infringement of one or more of claims 1, 2, 4, 6–8, 10, 12–16, 20, 22, 23, and 26– 28 of the ’321 patent; claims 1, 9–11, 13, 15, 16, and 20–22 of the ’575 patent; claims 1, 8, 10, 11, 13, 16, 18, 23–25, 27, and 28 of the ’576 patent; claims 1, 2, 4, 5, 9, 10, 12, 13, 17–21, 23, 24, and 26– 29 of the ’894 patent; claims 1, 2–6, 9, 10, and 14–25 of the ’895 patent; and claims 1, 6, 7, 16, 21, and 22 of the ’634 patent, and whether an industry in the United States exists as required by subsection (a)(2) of section 337; (2) Pursuant to section 210.10(b)(1) of the Commission’s Rules of Practice and Procedure, 19 CFR 210.10(b)(1), the plain language description of the accused products or category of accused products, which defines the scope of the investigation, is: Non-invasive magnetic and cryolipolysis aesthetic bodycontouring products and their components, including main units, ADDRESSES: PO 00000 Frm 00052 Fmt 4703 Sfmt 4703 55687 applicators, straps, massagers, gel traps, and virtual consumables such as treatment cards that enable the products to administer the pre-programmed treatment protocols; (3) 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: BTL Industries, Inc., 362 Elm Street, Marlborough, MA 01752. (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: Allergan Limited, Clonshaugh Business and Technology Park, Coolock, Dublin D17 E400, Ireland Allergan USA, Inc., 5 Giralda Farms, Madison, New Jersey 07940 Allergan, Inc., 5 Giralda Farms, Madison, New Jersey 07940 Zeltiq Aesthetics, Inc., 4410 Rosewood Dr., Pleasanton, California 94588– 3050 Zeltiq Ireland Unlimited Company, Galway West Business Park, Western Distributor Road, Knocknacarra, Galway H91E8C3, Ireland Zimmer MedizinSysteme GmbH, Junkersstrabe 9, 89231, Neu-Ulm, Germany (4) For the investigation so instituted, the Chief Administrative Law Judge, U.S. International Trade Commission, shall designate the presiding Administrative Law Judge. The Office of Unfair Import Investigations will not participate as a party in this investigation. 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), as amended in 85 FR 15798 (March 19, 2020), such responses will be considered by the Commission if received not later than 20 days after the date of service by the complainant 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 E:\FR\FM\09SEN1.SGM 09SEN1 55688 Federal Register / Vol. 85, No. 175 / Wednesday, September 9, 2020 / Notices 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: September 2, 2020. Lisa Barton, Secretary to the Commission. [FR Doc. 2020–19816 Filed 9–8–20; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 731–TA–1472 (Final)] Difluoromethane (R–32) From China; Scheduling of the Final Phase of an Anti-Dumping Duty Investigation United States International Trade Commission. ACTION: Notice. AGENCY: The Commission hereby gives notice of the scheduling of the final phase of antidumping investigation No. 731–TA–1472 (Final) pursuant to the Tariff Act of 1930 (‘‘the Act’’) to determine whether an industry in the United States is materially injured or threatened with material injury, or the establishment of an industry in the United States is materially retarded, by reason of imports of difluoromethane (R–32) from China, provided for in subheading 2903.39.20 of the Harmonized Tariff Schedule of the United States, preliminarily determined by the Department of Commerce (‘‘Commerce’’) to be sold at less-thanfair-value. DATES: August 27, 2020. FOR FURTHER INFORMATION CONTACT: Ahdia Bavari ((202) 205–3191), Office of Investigations, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. Hearingimpaired persons can obtain information on this matter 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 (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. SUMMARY: VerDate Sep<11>2014 17:06 Sep 08, 2020 Jkt 250001 SUPPLEMENTARY INFORMATION: Scope.—For purposes of this investigation, Commerce has defined the subject merchandise as ‘‘difluoromethane (R–32), or its chemical equivalent, regardless of form, type or purity level. R–32 has the Chemical Abstracts Service (CAS) registry number of 75–10–5 and the chemical formula CH2 F2. R–32 is also referred to as difluoromethane, HFC–32, FC–32, Freon-32, methylene difluoride, methylene fluoride, carbon fluoride hydride, halocarbon R32, fluorocarbon R32, and UN 3252. Subject merchandise also includes R–32 and unpurified R–32 that are processed in a third country or the United States, including, but not limited to, purifying or any other processing that would not otherwise remove the merchandise from the scope of this investigation if performed in the country of manufacture of the in-scope R–32. R–32 that has been blended with products other than pentafluoroethane (R–125) is included within this scope if such blends contain 85% or more by volume on an actual percentage basis of R–32. In addition, R–32 that has been blended with any amount of R–125 is included within this scope if such blends contain more than 52% by volume on an actual percentage basis of R–32. Whether R–32 is blended with R– 125 or other products, only the R–32 component of the mixture is covered by the scope of this investigation. The scope also includes R–32 that is commingled with R–32 from sources not subject to this investigation. Only the subject component of such commingled products is covered by the scope of this investigation. Excluded from the current scope is merchandise covered by the scope of the antidumping order on hydrofluorocarbon blends from the People’s Republic of China.’’ 1 2 The products included in the scope of this investigation may enter under Harmonized Tariff Schedule of the United States (HTSUS) subheading 2903.39.2035. Other merchandise subject to the current scope, including the abovementioned blends that are outside the scope of the Blends Order, may be classified under 2903.39.2045 and 3824.78.0020. The HTSUS subheadings and CAS registry number are provided for convenience and customs purposes. The written description of the scope of the investigation is dispositive. 1 See Hydrofluorocarbon Blends from the People’s Republic of China: Antidumping Duty Order, 81 FR 55436, August 19, 2016 (the Blends Order). 2 For a complete definition, please see Commerce’s scope in 85 FR 52950, August 27, 2020. PO 00000 Frm 00053 Fmt 4703 Sfmt 4703 Background.—The final phase of this investigation is being scheduled, pursuant to section 735(b) of the Tariff Act of 1930 (19 U.S.C. 1673d(b)), as a result of an affirmative preliminary determination by Commerce that imports of difluoromethane (R–32) from China are being sold in the United States at less than fair value within the meaning of § 733 of the Act (19 U.S.C. 1673b). The investigation was requested in a petition filed on January 23, 2020, by Arkema, Inc., King of Prussia, Pennsylvania. For further information concerning the conduct of this phase of the investigation, hearing procedures, and rules of general application, consult the Commission’s Rules of Practice and Procedure, part 201, subparts A and B (19 CFR part 201), and part 207, subparts A and C (19 CFR part 207). Participation in the investigation and public service list.—Persons, including industrial users of the subject merchandise and, if the merchandise is sold at the retail level, representative consumer organizations, wishing to participate in the final phase of this investigation as parties must file an entry of appearance with the Secretary to the Commission, as provided in § 201.11 of the Commission’s rules, no later than 21 days prior to the hearing date specified in this notice. A party that filed a notice of appearance during the preliminary phase of the investigation need not file an additional notice of appearance during this final phase. The Secretary will maintain a public service list containing the names and addresses of all persons, or their representatives, who are parties to the investigation. Please note the Secretary’s Office will accept only electronic filings during this time. Filings must be made through the Commission’s Electronic Document Information System (EDIS, https:// edis.usitc.gov.) No in-person paperbased filings or paper copies of any electronic filings will be accepted until further notice. Limited disclosure of business proprietary information (BPI) under an administrative protective order (APO) and BPI service list.—Pursuant to § 207.7(a) of the Commission’s rules, the Secretary will make BPI gathered in the final phase of this investigation available to authorized applicants under the APO issued in the investigation, provided that the application is made no later than 21 days prior to the hearing date specified in this notice. Authorized applicants must represent interested parties, as defined by 19 U.S.C. 1677(9), who are parties to the investigation. A party granted access to E:\FR\FM\09SEN1.SGM 09SEN1

Agencies

[Federal Register Volume 85, Number 175 (Wednesday, September 9, 2020)]
[Notices]
[Pages 55687-55688]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-19816]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1219]


Certain Non-Invasive Aesthetic Body-Contouring Devices, 
Components Thereof, and Methods of Using Same; 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 August 5, 2020, under section 
337 of the Tariff Act of 1930, as amended, on behalf of BTL Industries, 
Inc. of Marlborough, Massachusetts. 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 non-invasive aesthetic body-contouring devices, 
components thereof, and methods of using same by reason of infringement 
of certain claims of U.S. Patent No. 10,632,321 (``the '321 patent''); 
U.S. Patent No. 10,695,575 (``the '575 patent''); U.S. Patent No. 
10,695,576 (``the '576 patent''); U.S. Patent No. 10,709,894 (``the 
'894 patent''); U.S. Patent No. 10,709,895 (``the '895 patent''); and 
U.S. Patent No. 10,478,634 (``the '634 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 limited exclusion order and cease and desist orders.

ADDRESSES: The complaint, except for any confidential information 
contained therein, may be viewed on the Commission's electronic docket 
(EDIS) at https://edis.usitc.gov. For help accessing EDIS, please email 
[email protected]. 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.

FOR FURTHER INFORMATION CONTACT: Katherine Hiner, Office of Docket 
Services, U.S. International Trade Commission, telephone (202) 205-
1802.

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 (2020).
    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on September 2, 2020, 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 products 
identified in paragraph (2) by reason of infringement of one or more of 
claims 1, 2, 4, 6-8, 10, 12-16, 20, 22, 23, and 26-28 of the '321 
patent; claims 1, 9-11, 13, 15, 16, and 20-22 of the '575 patent; 
claims 1, 8, 10, 11, 13, 16, 18, 23-25, 27, and 28 of the '576 patent; 
claims 1, 2, 4, 5, 9, 10, 12, 13, 17-21, 23, 24, and 26-29 of the '894 
patent; claims 1, 2-6, 9, 10, and 14-25 of the '895 patent; and claims 
1, 6, 7, 16, 21, and 22 of the '634 patent, and whether an industry in 
the United States exists as required by subsection (a)(2) of section 
337;
    (2) Pursuant to section 210.10(b)(1) of the Commission's Rules of 
Practice and Procedure, 19 CFR 210.10(b)(1), the plain language 
description of the accused products or category of accused products, 
which defines the scope of the investigation, is: Non-invasive magnetic 
and cryolipolysis aesthetic body-contouring products and their 
components, including main units, applicators, straps, massagers, gel 
traps, and virtual consumables such as treatment cards that enable the 
products to administer the pre-programmed treatment protocols;
    (3) 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: BTL Industries, Inc., 362 Elm Street, 
Marlborough, MA 01752.

    (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:

Allergan Limited, Clonshaugh Business and Technology Park, Coolock, 
Dublin D17 E400, Ireland
Allergan USA, Inc., 5 Giralda Farms, Madison, New Jersey 07940
Allergan, Inc., 5 Giralda Farms, Madison, New Jersey 07940
Zeltiq Aesthetics, Inc., 4410 Rosewood Dr., Pleasanton, California 
94588-3050
Zeltiq Ireland Unlimited Company, Galway West Business Park, Western 
Distributor Road, Knocknacarra, Galway H91E8C3, Ireland
Zimmer MedizinSysteme GmbH, Junkersstra[beta]e 9, 89231, Neu-Ulm, 
Germany

    (4) For the investigation so instituted, the Chief Administrative 
Law Judge, U.S. International Trade Commission, shall designate the 
presiding Administrative Law Judge.
    The Office of Unfair Import Investigations will not participate as 
a party in this investigation.
    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), as amended in 85 FR 15798 
(March 19, 2020), such responses will be considered by the Commission 
if received not later than 20 days after the date of service by the 
complainant 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

[[Page 55688]]

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: September 2, 2020.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2020-19816 Filed 9-8-20; 8:45 am]
BILLING CODE 7020-02-P
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