Certain Vacuum Insulated Flasks and Components Thereof; Commission Final Determination of Violation of Section 337; Issuance of a General Exclusion Order; Termination of Investigation, 1433-1434 [2022-00281]

Download as PDF Federal Register / Vol. 87, No. 7 / Tuesday, January 11, 2022 / Notices Before including your address, phone number, email address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so. Nominations submitted by State or Tribal Historic Preservation Officers: ARIZONA NEW YORK Jefferson County Thousand Island Park Historic District (Additional Documentation), Generally bounded by Coast Ave. East, Coast Ave. West, Prospect Ave., Park Ave., and Sunset Ave., Thousand Island Park, AD82001177 Authority: Section 60.13 of 36 CFR part 60. Dated: January 1, 2022. Sherry A. Frear, Chief, National Register of Historic Places/ National Historic Landmarks Program. [FR Doc. 2022–00250 Filed 1–10–22; 8:45 am] BILLING CODE 4312–52–P Pima County Orchard River Garden Park, 5701 East Glenn St., Tucson, SG100007418 NEW YORK [Investigation No. 337–TA–1216] Allegany County Reynolds House, The, 56 West University St., Alfred, SG100007412 Jefferson County Thousand Island Park Historic District (Boundary Increase/Decrease), Generally bounded by Coast Ave. East, Coast Ave. West, Prospect Ave., Park Ave., and Sunset Ave., Thousand Island Park, BC100007414 Lewis County Basselin House, 9757 NY 812, Croghan, SG100007408 Wald, Lillian, House, 265 and 267 Henry St., New York, SG100007409 Mary McLeod Bethune Gardens, 1945 Amsterdam Ave., Manhattan, SG100007411 OHIO Cuyahoga County Euclid Avenue Christian Church, (TwentiethCentury African American Civil Rights Movement in Ohio MPS), 9990 Euclid Ave., Cleveland, MP100007415 Hamilton County Dombar, Benjamin, House and Studio, 601 West Galbraith Rd., Cincinnati, SG100007410 PENNSYLVANIA Allegheny County Western State Penitentiary-Riverside Penitentiary, 3001 New Beaver Ave., Pittsburgh, SG100007417 khammond on DSKJM1Z7X2PROD with NOTICES SOUTH DAKOTA Davison County Mount Vernon City Auditorium, (Federal Relief Construction in South Dakota MPS), Main St. and East 1st Ave., Mount Vernon, MP100007416 Additional documentation has been received for the following resource: 20:03 Jan 10, 2022 Jkt 256001 Certain Vacuum Insulated Flasks and Components Thereof; Commission Final Determination of Violation of Section 337; Issuance of a General Exclusion Order; Termination of Investigation U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that the U.S. International Trade Commission has determined that there is a violation of section 337 of the Tariff Act of 1930, as amended, in the abovecaptioned investigation. The Commission has issued a general exclusion order (‘‘GEO’’) barring entry of certain vacuum insulated flasks and components thereof that infringe the patents and the trademarks asserted in this investigation. The Commission has terminated this investigation. 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) 205–2392. Copies of non-confidential documents filed in connection with this investigation may be viewed on the Commission’s electronic docket (EDIS) at https://edis.usitc.gov. For help accessing EDIS, please email EDIS3Help@usitc.gov. General information concerning the Commission may also be obtained by accessing its internet server at https://www.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: On September 3, 2020, the Commission SUMMARY: New York County VerDate Sep<11>2014 INTERNATIONAL TRADE COMMISSION PO 00000 Frm 00042 Fmt 4703 Sfmt 4703 1433 instituted this investigation under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337 (‘‘section 337’’), based on a complaint filed by Steel Technology LLC d/b/a Hydro Flask and Helen of Troy Limited (collectively, ‘‘Complainants’’ or ‘‘Hydro Flask’’). 85 FR 55030–31 (Sept. 3, 2020). The complaint alleges a violation 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 vacuum insulated flasks and components thereof by reason of infringement of: (1) The sole claims of U.S. Design Patent Nos. D806,468 (‘‘the D’468 patent’’); D786,012 (‘‘the D’012 patent’’); and D799,320 (‘‘the D’320 patent’’), respectively; and (2) U.S. Trademark Registration Nos. 4,055,784 (‘‘the ’784 trademark’’); 5,295,365 (‘‘the ’365 trademark’’); 5,176,888 (‘‘the ’888 trademark’’); and 4,806,282 (‘‘the ’282 trademark’’). The complaint also alleges the existence of a domestic industry. The notice of investigation names numerous respondents: Cangnan Kaiyisi ECommerce Technology Co., Ltd.; Shenzhen Huichengyuan Technology Co., Ltd.; Sinbada Impex Co., Ltd.; Yongkang Huiyun Commodity Co., Ltd.; Wuyi Loncin Bottle Co., Ltd.; Zhejiang Yuchuan Industry & Trade Co., Ltd.; Zhejiang Yongkang Unique Industry & Trade Co., Ltd.; Suzhou Prime Gifts Co., Ltd.; Hangzhou Yuehua Technology Co., Ltd.; Guangzhou Yawen Technology Co., Ltd.; Jinhua City Ruizhi ECommerce Co., Ltd.; Wo Ma Te (Tianjin) International Trade Co., Ltd.; and Shenzhen City Yaxin General Machinery Co., Ltd. (collectively, the ‘‘Defaulting Respondents’’); Eddie Bauer, LLC; PSEB Holdings, LLC; Dunhuang Group a.k.a. DHgate; Everich and Tomic Houseware Co., Ltd.; HydroFlaskPup; Yiwu Honglu Daily Necessities Co., Ltd.; and Yiwu Houju Ecommerce Firm. The Commission’s Office of Unfair Import Investigations (‘‘OUII’’) is also named as a party in this investigation. Id. Subsequently, the Commission permitted Hydro Flask to amend the complaint and notice of investigation to: (1) Assert the D’012 patent against additional infringing products; (2) incorporate into the complaint the information and additional paragraphs included in Complainants’ Supplemental Letter to the Commission of August 18, 2020; and (3) correct the corporate names of four non-appearing respondents—Yiwu Houju E-Commerce Firm; Jinhua City Ruizhi E-Commerce Co., Ltd.; Wo Ma Te (Tianjin) International Trade Co., Ltd.; and E:\FR\FM\11JAN1.SGM 11JAN1 khammond on DSKJM1Z7X2PROD with NOTICES 1434 Federal Register / Vol. 87, No. 7 / Tuesday, January 11, 2022 / Notices Shenzhen City Yaxin General Machinery Co., Ltd. Mot. at 1. Order No. 12 (Nov. 6, 2020), unreviewed by Notice (Nov. 24, 2020); see 85 FR 77239–40 (Dec. 1, 2020). The Commission terminated the investigation as to the following respondents based on consent orders and/or settlement agreements: Eddie Bauer LLC and PSEB Holdings, LLC; DHgate; Everich and Tomic Houseware Co., Ltd. Order No. 13 (Nov. 30, 2020), unreviewed by Notice (Dec. 21, 2020); Order No. 17 (Jan. 27, 2021), unreviewed by Notice (Feb. 16, 2021); Order No. 19 (Feb. 22, 2021), unreviewed by Notice (Mar. 12, 2021). The Commission also terminated the investigation with respect to the ’282 trademark. Order No. 16 (Jan. 11, 2021), unreviewed by Notice (Feb. 8, 2021). On April 14, 2021, the Commission found the Defaulting Respondents in default. Order No. 21 (Mar. 22, 2021), unreviewed by Notice (Apr. 14, 2021). The Commission also permitted Hydro Flask to withdraw the amended complaint as to the remaining respondents: HydroFlaskPup, Yiwu Honglu Daily Necessities Co., Ltd., and Yiwu Houju E-commerce Firm. Order No. 22 (Apr. 7, 2021), unreviewed by Notice (Apr. 22, 2021). On April 8, 2021, Hydro Flask filed a motion for summary determination of a violation of section 337 pursuant to Commission Rules 210.16(c)(2), 210.18 (19 CFR 210.16(c)(2), 210.18) to support its request for entry of a GEO with respect to all asserted patents and trademarks. On August 9, 2021, OUII filed a response in support of the motion. On September 3, 2021, the presiding chief administrative law judge (‘‘CALJ’’) issued an initial determination (‘‘ID’’) granting in part Hydro Flask’s motion for summary determination. The ID finds that Hydro Flask has shown by reliable, probative, and substantial evidence that a violation of section 337 has occurred with respect to the ’784, ’365, and ’888 trademarks, and the D’468, D’012, and D’320 patents, and that the domestic industry requirement is satisfied for the infringed trademarks and patents. The ID finds that a violation has been established with respect to ten out of thirteen defaulting respondents: Cangnan Kaiyisi ECommerce Technology Co., Ltd.; Yongkang Huiyun Commodity Co., Ltd.; Wuyi Loncin Bottle Co., Ltd.; Zhejiang Yongkang Unique Industry & Trade Co., Ltd.; Suzhou Prime Gifts Co., Ltd.; Hangzhou Yuehua Technology Co., Ltd.; Guangzhou Yawen Technology Co., Ltd.; Jinhua City Ruizhi E-Commerce Co., Ltd.; Wo Ma Te (Tianjin) International Trade Co., Ltd.; and VerDate Sep<11>2014 20:31 Jan 10, 2022 Jkt 256001 Shenzhen City Yaxin General Machinery Co., Ltd. The ID also finds that no violation has been established as to respondents Shenzhen Huichengyuan Technology Co., Ltd.; Sinbada Impex Co., Ltd.; and Zhejiang Yuchuan Industry & Trade Co., Ltd. The ID contains the CALJ’s recommended determination on remedy and bonding (‘‘RD’’). The RD recommends issuance of a GEO with respect to the asserted patents and trademarks. The RD does not recommend issuance of any cease and desist orders. No petitions for review were filed. The Commission determined to review the subject ID in part. See 86 FR 59424–26 (Oct. 27, 2021). Specifically, the Commission determined to review the ID’s finding that Hydro Flask has satisfied the economic prong of the domestic industry requirement under section 337(a)(3)(A). Id.; see ID at 89–92. On review, the Commission affirmed the ID’s finding that Hydro Flask has established a domestic industry under section 337(a)(3)(A). Id. The Commission also requested written submissions on remedy, the public interest, and bonding. Id. On November 4, 2021, Complainants and OUII filed their opening written submissions on remedy, the public interest, and bonding. On November 12, 2021, OUII filed its responsive written submission. No other submissions were received by the Commission. Having reviewed the submissions filed in response to the Commission request for briefing and the evidentiary record, the Commission has determined that the appropriate form of relief in this investigation is a GEO prohibiting the unlicensed importation of certain vacuum insulated flasks and components thereof that infringe the sole claims of the D’468, D’012, and D’320 patents and the ’784, ’365, and ’888 trademarks. The Commission has further determined that the public interest factors enumerated in subsection (d)(1) (19 U.S.C. 1337(d)(1)) do not preclude issuance of the above-referenced remedial order. Finally, the Commission has determined that a bond in the amount of one hundred (100) percent of the entered value is required to permit temporary importation of the articles in question during the period of Presidential review (19 U.S.C. 1337(j)). The investigation is terminated. The Commission’s order and the record upon which it based its determination were delivered to the President and to the United States Trade Representative on the day of their issuance. The Commission has also PO 00000 Frm 00043 Fmt 4703 Sfmt 4703 notified the Secretary of the Treasury of the order. 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. The Commission vote for this determination took place on January 5, 2022. By order of the Commission. Issued: January 5, 2022. Lisa Barton, Secretary to the Commission. [FR Doc. 2022–00281 Filed 1–10–22; 8:45 am] BILLING CODE 7020–02–P DEPARTMENT OF JUSTICE Drug Enforcement Administration [Docket No. DEA–939] Bulk Manufacturer of Controlled Substances Application: Curia Missouri Inc. Drug Enforcement Administration, Justice. ACTION: Notice of application. AGENCY: Curia Missouri Inc. has applied to be registered as a bulk manufacturer of basic class(es) of controlled substance(s). Refer to Supplemental Information listed below for further drug information. DATES: Registered bulk manufacturers of the affected basic class(es), and applicants therefore, may file written comments on or objections to the issuance of the proposed registration on or before March 14, 2022. Such persons may also file a written request for a hearing on the application on or before March 14, 2022. ADDRESSES: Written comments should be sent to: Drug Enforcement Administration, Attention: DEA Federal Register Representative/DPW, 8701 Morrissette Drive, Springfield, Virginia 22152. SUMMARY: In accordance with 21 CFR 1301.33(a), this is notice that on August 19, 2021, Curia Missouri Inc., 2460 West Bennett Street, Springfield, Missouri 65807, applied to be registered as a bulk manufacturer of the following basic class(es) of controlled substance(s): SUPPLEMENTARY INFORMATION: Controlled substance Gamma Hydroxybutyric Acid. E:\FR\FM\11JAN1.SGM 11JAN1 Drug code 2010 Schedule I

Agencies

INTERNATIONAL TRADE COMMISSION

[Federal Register Volume 87, Number 7 (Tuesday, January 11, 2022)]
[Notices]
[Pages 1433-1434]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-00281]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1216]


Certain Vacuum Insulated Flasks and Components Thereof; 
Commission Final Determination of Violation of Section 337; Issuance of 
a General Exclusion Order; Termination of Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined that there is a violation of section 337 of 
the Tariff Act of 1930, as amended, in the above-captioned 
investigation. The Commission has issued a general exclusion order 
(``GEO'') barring entry of certain vacuum insulated flasks and 
components thereof that infringe the patents and the trademarks 
asserted in this investigation. The Commission has terminated this 
investigation.

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) 205-2392. Copies of non-
confidential documents filed in connection with this investigation may 
be viewed on the Commission's electronic docket (EDIS) at https://edis.usitc.gov. For help accessing EDIS, please email 
[email protected]. General information concerning the Commission may 
also be obtained by accessing its internet server at https://www.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: On September 3, 2020, the Commission 
instituted this investigation under section 337 of the Tariff Act of 
1930, as amended, 19 U.S.C. 1337 (``section 337''), based on a 
complaint filed by Steel Technology LLC d/b/a Hydro Flask and Helen of 
Troy Limited (collectively, ``Complainants'' or ``Hydro Flask''). 85 FR 
55030-31 (Sept. 3, 2020). The complaint alleges a violation 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 vacuum insulated flasks and components thereof by reason of 
infringement of: (1) The sole claims of U.S. Design Patent Nos. 
D806,468 (``the D'468 patent''); D786,012 (``the D'012 patent''); and 
D799,320 (``the D'320 patent''), respectively; and (2) U.S. Trademark 
Registration Nos. 4,055,784 (``the '784 trademark''); 5,295,365 (``the 
'365 trademark''); 5,176,888 (``the '888 trademark''); and 4,806,282 
(``the '282 trademark''). The complaint also alleges the existence of a 
domestic industry. The notice of investigation names numerous 
respondents: Cangnan Kaiyisi E-Commerce Technology Co., Ltd.; Shenzhen 
Huichengyuan Technology Co., Ltd.; Sinbada Impex Co., Ltd.; Yongkang 
Huiyun Commodity Co., Ltd.; Wuyi Loncin Bottle Co., Ltd.; Zhejiang 
Yuchuan Industry & Trade Co., Ltd.; Zhejiang Yongkang Unique Industry & 
Trade Co., Ltd.; Suzhou Prime Gifts Co., Ltd.; Hangzhou Yuehua 
Technology Co., Ltd.; Guangzhou Yawen Technology Co., Ltd.; Jinhua City 
Ruizhi E-Commerce Co., Ltd.; Wo Ma Te (Tianjin) International Trade 
Co., Ltd.; and Shenzhen City Yaxin General Machinery Co., Ltd. 
(collectively, the ``Defaulting Respondents''); Eddie Bauer, LLC; PSEB 
Holdings, LLC; Dunhuang Group a.k.a. DHgate; Everich and Tomic 
Houseware Co., Ltd.; HydroFlaskPup; Yiwu Honglu Daily Necessities Co., 
Ltd.; and Yiwu Houju E-commerce Firm. The Commission's Office of Unfair 
Import Investigations (``OUII'') is also named as a party in this 
investigation. Id.
    Subsequently, the Commission permitted Hydro Flask to amend the 
complaint and notice of investigation to: (1) Assert the D'012 patent 
against additional infringing products; (2) incorporate into the 
complaint the information and additional paragraphs included in 
Complainants' Supplemental Letter to the Commission of August 18, 2020; 
and (3) correct the corporate names of four non-appearing respondents--
Yiwu Houju E-Commerce Firm; Jinhua City Ruizhi E-Commerce Co., Ltd.; Wo 
Ma Te (Tianjin) International Trade Co., Ltd.; and

[[Page 1434]]

Shenzhen City Yaxin General Machinery Co., Ltd. Mot. at 1. Order No. 12 
(Nov. 6, 2020), unreviewed by Notice (Nov. 24, 2020); see 85 FR 77239-
40 (Dec. 1, 2020). The Commission terminated the investigation as to 
the following respondents based on consent orders and/or settlement 
agreements: Eddie Bauer LLC and PSEB Holdings, LLC; DHgate; Everich and 
Tomic Houseware Co., Ltd. Order No. 13 (Nov. 30, 2020), unreviewed by 
Notice (Dec. 21, 2020); Order No. 17 (Jan. 27, 2021), unreviewed by 
Notice (Feb. 16, 2021); Order No. 19 (Feb. 22, 2021), unreviewed by 
Notice (Mar. 12, 2021). The Commission also terminated the 
investigation with respect to the '282 trademark. Order No. 16 (Jan. 
11, 2021), unreviewed by Notice (Feb. 8, 2021).
    On April 14, 2021, the Commission found the Defaulting Respondents 
in default. Order No. 21 (Mar. 22, 2021), unreviewed by Notice (Apr. 
14, 2021). The Commission also permitted Hydro Flask to withdraw the 
amended complaint as to the remaining respondents: HydroFlaskPup, Yiwu 
Honglu Daily Necessities Co., Ltd., and Yiwu Houju E-commerce Firm. 
Order No. 22 (Apr. 7, 2021), unreviewed by Notice (Apr. 22, 2021).
    On April 8, 2021, Hydro Flask filed a motion for summary 
determination of a violation of section 337 pursuant to Commission 
Rules 210.16(c)(2), 210.18 (19 CFR 210.16(c)(2), 210.18) to support its 
request for entry of a GEO with respect to all asserted patents and 
trademarks. On August 9, 2021, OUII filed a response in support of the 
motion.
    On September 3, 2021, the presiding chief administrative law judge 
(``CALJ'') issued an initial determination (``ID'') granting in part 
Hydro Flask's motion for summary determination. The ID finds that Hydro 
Flask has shown by reliable, probative, and substantial evidence that a 
violation of section 337 has occurred with respect to the '784, '365, 
and '888 trademarks, and the D'468, D'012, and D'320 patents, and that 
the domestic industry requirement is satisfied for the infringed 
trademarks and patents. The ID finds that a violation has been 
established with respect to ten out of thirteen defaulting respondents: 
Cangnan Kaiyisi E-Commerce Technology Co., Ltd.; Yongkang Huiyun 
Commodity Co., Ltd.; Wuyi Loncin Bottle Co., Ltd.; Zhejiang Yongkang 
Unique Industry & Trade Co., Ltd.; Suzhou Prime Gifts Co., Ltd.; 
Hangzhou Yuehua Technology Co., Ltd.; Guangzhou Yawen Technology Co., 
Ltd.; Jinhua City Ruizhi E-Commerce Co., Ltd.; Wo Ma Te (Tianjin) 
International Trade Co., Ltd.; and Shenzhen City Yaxin General 
Machinery Co., Ltd. The ID also finds that no violation has been 
established as to respondents Shenzhen Huichengyuan Technology Co., 
Ltd.; Sinbada Impex Co., Ltd.; and Zhejiang Yuchuan Industry & Trade 
Co., Ltd.
    The ID contains the CALJ's recommended determination on remedy and 
bonding (``RD''). The RD recommends issuance of a GEO with respect to 
the asserted patents and trademarks. The RD does not recommend issuance 
of any cease and desist orders. No petitions for review were filed.
    The Commission determined to review the subject ID in part. See 86 
FR 59424-26 (Oct. 27, 2021). Specifically, the Commission determined to 
review the ID's finding that Hydro Flask has satisfied the economic 
prong of the domestic industry requirement under section 337(a)(3)(A). 
Id.; see ID at 89-92. On review, the Commission affirmed the ID's 
finding that Hydro Flask has established a domestic industry under 
section 337(a)(3)(A). Id. The Commission also requested written 
submissions on remedy, the public interest, and bonding. Id.
    On November 4, 2021, Complainants and OUII filed their opening 
written submissions on remedy, the public interest, and bonding. On 
November 12, 2021, OUII filed its responsive written submission. No 
other submissions were received by the Commission.
    Having reviewed the submissions filed in response to the Commission 
request for briefing and the evidentiary record, the Commission has 
determined that the appropriate form of relief in this investigation is 
a GEO prohibiting the unlicensed importation of certain vacuum 
insulated flasks and components thereof that infringe the sole claims 
of the D'468, D'012, and D'320 patents and the '784, '365, and '888 
trademarks.
    The Commission has further determined that the public interest 
factors enumerated in subsection (d)(1) (19 U.S.C. 1337(d)(1)) do not 
preclude issuance of the above-referenced remedial order. Finally, the 
Commission has determined that a bond in the amount of one hundred 
(100) percent of the entered value is required to permit temporary 
importation of the articles in question during the period of 
Presidential review (19 U.S.C. 1337(j)). The investigation is 
terminated.
    The Commission's order and the record upon which it based its 
determination were delivered to the President and to the United States 
Trade Representative on the day of their issuance. The Commission has 
also notified the Secretary of the Treasury of the order.
    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.
    The Commission vote for this determination took place on January 5, 
2022.

    By order of the Commission.

    Issued: January 5, 2022.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2022-00281 Filed 1-10-22; 8:45 am]
BILLING CODE 7020-02-P

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