Certain Pillows and Seat Cushions, Components Thereof, and Packaging Thereof; Notice of Institution of Investigation, 56086-56088 [2022-19658]
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56086
Federal Register / Vol. 87, No. 176 / Tuesday, September 13, 2022 / Notices
Park Service is not responsible for the
determinations in this notice.
Consultation
A detailed assessment of the human
remains was made by the Huguenot
Historical Society professional staff in
consultation with representatives of the
Delaware Nation, Oklahoma; Delaware
Tribe of Indians; and the Stockbridge
Munsee Community, Wisconsin
(hereafter referred to as ‘‘The Tribes’’).
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History and Description of the Remains
In 2005, human remains representing,
at minimum, one individual were
removed from Historic Huguenot Street
in New Paltz, Ulster County, NY, by Jay
Cohen of Cultural Resource Consulting
as part of an excavation along the
northern wall of the Jean Hasbrouck
House. This work was done to comply
with the New York State Environmental
Quality Review Act. In 2021, the human
remains were discovered by Huguenot
Historical Society staff during a review
of recently returned artifact collections.
The human remains are comprised of
five skeletal fragments. No known
individual was identified. No associated
funerary objects are present.
In the early 2000s, human remains
representing, at minimum, one
individual were removed from Historic
Huguenot Street in New Paltz, Ulster
County, NY, by Dr. Joe Diamond of State
University of New York at New Paltz as
part of an archeological field school.
After a forensic anthropologist
identified the remains as human, they
were taken to local law enforcement and
the fieldwork was halted. Subsequently,
the human remains were given to a
representative of the Huguenot
Historical Society. In May of 2021, the
human remains were discovered by
Huguenot Historical Society staff during
a review of the collection. No known
individual was identified. No associated
funerary objects are present.
Stockbridge Munsee Community
Tribal Historic Preservation
representatives reviewed the collection
with Huguenot Historical Society staff
in May of 2022 and related that,
according to Lenape oral tradition,
present-day New Paltz lay within the
Tribe’s territory. The 1677 HuguenotLenape land agreement serves as
further, documentary evidence of
Lenape history in this location. The
descendants of these earlier Lenape are
The Tribes.
Determinations Made by the Huguenot
Historical Society
Officials of the Huguenot Historical
Society have determined that:
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• Pursuant to 25 U.S.C. 3001(9), the
human remains described in this notice
represent the physical remains of two
individuals of Native American
ancestry.
• Pursuant to 25 U.S.C. 3001(2), there
is a relationship of shared group
identity that can be reasonably traced
between the Native American human
remains and The Tribes.
Additional Requestors and Disposition
Lineal descendants or representatives
of any Indian Tribe or Native Hawaiian
organization not identified in this notice
that wish to request transfer of control
of these human remains should submit
a written request with information in
support of the request to Liselle
LaFrance, President, Huguenot
Historical Society, 88 Huguenot Street,
New Paltz, NY 12561, telephone (845)
255–1660, email liselle@
huguenotstreet.org, by October 13, 2022.
After that date, if no additional
requestors have come forward, transfer
of control of the human remains to The
Tribes may proceed.
The Huguenot Historical Society is
responsible for notifying The Tribes that
this notice has been published.
Dated: September 1, 2022.
Melanie O’Brien,
Manager, National NAGPRA Program.
[FR Doc. 2022–19783 Filed 9–12–22; 8:45 am]
BILLING CODE 4312–52–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–1328]
Certain Pillows and Seat Cushions,
Components Thereof, and Packaging
Thereof; Notice of 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, 2022, under section 337 of the
Tariff Act of 1930, as amended, on
behalf of Purple Innovation, LLC of
Lehi, Utah. Supplements to the
complaint were filed on August 9, 2022
and August 22, 2022. The 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 pillows and seat cushions,
components thereof, and packaging
thereof by reason of the infringement of:
SUMMARY:
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(1) certain claims of U.S. Design Patent
No. D909,092 (‘‘the ’092 patent’’); U.S.
Patent No. 10,772,445 (‘‘the ’445
patent’’); and U.S. Patent No. 10,863,837
(‘‘the ’837 patent’’); (2) U.S. Trademark
Registration No. 5,661,556 (‘‘the ’556
mark’’) and U.S. Trademark Registration
No. 6,551,053 (‘‘the ’053 mark’’) and
that an industry in the United States
exists as required by the applicable
Federal Statute. The complaint further
alleges violations of section 337 based
upon the importation into the United
States, or in the sale of certain pillows
and seat cushions, components thereof,
and packaging thereof by reason of trade
dress infringement, 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 a
limited and 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, 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:
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 (2022).
Scope of Investigation: Having
considered the complaint, the U.S.
International Trade Commission, on
September 6, 2022, ordered that—
(1) Pursuant to subsection (b) of
section 337 of the Tariff Act of 1930, as
amended,
(a) an investigation be instituted to
determine whether there is a violation
of subsection (a)(1)(A) of section 337 in
the importation into the United States,
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Federal Register / Vol. 87, No. 176 / Tuesday, September 13, 2022 / Notices
or the sale of certain products identified
in paragraph (2) by reason of trade dress
infringement, the threat or effect of
which is to destroy or substantially
injure an industry in the United States;
(b) 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
1–16, 18, 19, 21–33, and 35 of the ’445
patent; claims 1–4, 6, 10–12, 19, and 20
of the ’837 patent; and the sole claim of
the ’092 patent, and whether an
industry in the United States exists as
required by subsection (a)(2) of section
337;
(c) an investigation be instituted to
determine 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 products
identified in paragraph (2) by reason of
infringement of the ’556 mark and the
’053 mark, 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 ‘‘certain pillows and
seat cushions, and components thereof
(pillow cushions inside pillows having
provided pillow cases), wherein at least
a material portion of the pillow
cushions or seat cushions are made of
purple elastomer material generally
formed in a repetitive grid-like pattern,
as well as packaging thereof’’;
(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:
Purple Innovation, LLC, 4100 North
Chapel Ridge Road, Suite 200, Lehi,
Utah 84043
(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:
Bedmate-U Co., Ltd., 123, Sindae-gil,
Gonjiam-eup, Gwangju-si, Gyeonggido, Republic of Korea 12801
Chuang Fan Handicraft Co., Ltd., 598
Zhengsong Avenue, Wanquan,
Pingyang Wenzhou, Zhejiang, China
325409
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Dongguan Bounce Technology Co., Ltd.,
No. 10, Development Road, Mowu
Village, Qishi Town, Dongguan,
Guangdong, China
Dongguan Jingrui Silicone Technology
Co., Ltd., 2–5–301, Niushan Ind.
Road, Dongcheng Street, Dongguan,
Guangdong, China 523128
Foshan Dirani Design Furniture Co.,
Ltd., RA–3–026A, 3rd Floor, Bldg. A,
Jiabocheng No. 189, Middle Foshan
Avenue, Foshan, Guangdong, China
528000
Global Ocean Trading Co. Ltd., Room
201, 2nd Floor, No. 1 Renmin North
Road, Longjiang Community,
Longjiang Town, Shunde, Foshan,
Guangdong, China 528318
Guang An Shi Lin Chen Zai Sheng Wuzi
Co., Ltd., No. 752, Xianzhu Road,
Xianyan Street, Ouhai, Wenzhou,
Zhejiang, China 325000
Guang Zhou Wen Jie Shang Mao
Youxian Gongsi Co., Ltd., Room 102,
No. 15, Lane 111, Yusheng Road,
Chenjia, Chongming, Shanghai, China
202162
Guangzhou Epsilon Import and Export
Co., Ltd., Room 231, 2/F, Building 10,
No. 1, Erheng Road, West District
Hebian Tongda Creative Park, Helong
Street, Guangzhou, Guangdong, China
510000
Guangzhoushi Baixiangguo Keji
Youxian Gongsi Co., Ltd., Fengze
Dong Lu 106 Hao, Zi Bian 1 Hao Lou,
X1301–B5235, Nansha, Guangzhou,
Guangdong, China 511458
Haircrafters LLC, 7022 Shallowford
Road, Suite 1, Unit #532,
Chattanooga, TN 37421–6714
Hangzhou Lishang Import & Export Co.,
Ltd., Room 423, South District,
Zhejiang Newspaper Printing, No. 38
Xiangyuan Road, Gongshu, Hangzhou,
Zhejiang, China 310015
Hangzhou Lydia Sports Goods Co., Ltd.,
Rooms 201 and 202, Building 1,
Jinjishan, Village, Suoqian Town,
Xiaoshanm, Hangzhou, Zhejiang,
China 312000
Hebei Zeyong Technology Co., Ltd.,
North End of Fuqiang Road, Dahu
Jingguan, Pengdu Township, Binhu
New Area, Hengshui, Hebei, China
053000
Henson Holdings, LLC d.b.a.
SelectSoma, 112 Tucson Drive,
Lafayette, Louisiana 70503
Hetaibao, Hua Ji Zhen, He Lou Xing,
Zheng Cun, He, Lou 1–1 Hao,
Linquan, Anhui, China 236400
Hubei Sheng Bingyi Dianzi Keji
Youxian Gongsi Co. Ltd.,
Jiuyuhuangcheng, 6 Zhuang, 3
Danyuan, 603 Shi, Xiannvshan Jiedao
Tiyuguanlu 288, Hao, Xiaogan,
Hanchuan, Hubei, China 431699
PO 00000
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56087
Kaifeng Shi Long Ting Qu Chen Yi,
Shangmao Youxian Gongsi Co., Ltd.,
Room 2002, Unit 2, Building 10,
Phase 3, Shenghua City, Fuxing
Avenue, Longting, Kaifeng, Henan,
China 475000
Lankao Junchang Electronic Commerce
Co., Ltd., Daonan New Street, Lankao,
Kaifeng, Henan, China
Lei Lei Wang, No. 33, Hou Xiegou,
Xiegou Administrative Village, Tupi
Township, Fuyang, Linquan, Anhui,
China 236400
Liu Lin Xian Xu Bin Dian Zi Chan Pin
Dian, Pingtou Village, Sanjiao,
Luliang, Liulin, Shanxi, China 033300
Nanchang Shirong Bao Er Guanggao
Youxian Gongsi Co., Ltd., 3399
Ziyang Avenue, Room 2–035,
Underground Commercial Plaza,
Building B, Cloud City, Nanchang
High-Tech Industrial Development
Zone, Nanchang, Jiangxi, China
330096
Ningbo Bolian Import & Export Co.,
Ltd., 2–3–8, No. 326 Qianhu Avenue,
Dongqian Lake Tourist Resort Zone,
Ningbo, Zhejiang, China 315121
Ningbo Minzhou Import & Export Co.,
Ltd., Room 4697, Building No. 3, Lane
3, Xijing Road, Shijingshan District,
Airport Road No. 5000, Shiqi Street,
Haishu, Beijing, China 100043
Ruian Xiu Yuan Guoji MaoYi Youxian
Gongsi Co., Ltd., Luofeng, Bashuicun
Kangweilu 2 Hao, Tangxia, Ruian,
Wenzhou, Zhejiang, China 325000
Shandong Jiu Hui Xinxi Keji Youxian
Gongsi Co., Ltd., 112 Jiefang Road,
Chia Tai Times 1204, Lixia, Jinan,
Shangdong, China 250000
Shanxi Chao Ma Xun Keji Youxian
Gongsi Co., Ltd., Tonggang Road,
Chengbei Xinjing, Community
Building 1, Building 2, Unit 17B,
Xinfu, Xinzhou, Shanxi, China
034000
Shenzhen Baibaikang Technology Co.,
Ltd., 6B03, West Plant, Floor 6, 2,
Guangxian Plot, Bagua 3rd Road,
Yuanling Street, Shenzhen,
Guangdong, China 518029
Shenzhen Leadfar Industry Co., Ltd.,
73–E Shatian North Road, Shatian,
Kengzi, Pingshan, Shenzhen,
Guangdong, China 518122
Shenzhen Shi Mai Rui Ke Dianzi
Shangwu Co. Ltd., Matian Street,
Xinzhuang Community, Songbai Road
and South Ring Road Intersection,
Yitian Holiday House 1, Unit A 1405,
Shenzhen, Guangdong, China 518106
Shenzhen Shi Xin Shangpin Dianzi
Shangwu Youxian Gongsi Co., Ltd.,
Mingkang Road, Zhangkeng District 2,
58 Building 1178, Longhua,
Shenzhen, Guangdong, China 518131
Shenzhen Shi Yan Huang Chu Hai Keji
Youxian Gongsi Co., Ltd., Minzhi
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56088
Federal Register / Vol. 87, No. 176 / Tuesday, September 13, 2022 / Notices
Street, Room 701, Building 25, Shahu
Old Village, Longhua, Shenzhen,
Guangdong, China 518000
Shenzhen Shi Yuxiang Meirong Yongju,
Youxian Gongsi Co. Ltd. 2801 B Zuo,
Jingjiyujingyinxiang Er Qi, 5, Hao
Niuchanglu, Pinghuan Shequ, Maluan
Jiedao, Pingshan, Shenzhen,
Guangdong, China 518118
Shenzhen Tianrun Material Co., Ltd.,
307, No. 2, Baoyuan 2nd District,
Labor Community, Xixiang Street,
Shenzhen, Guangdong, China 518000
Wuhan Chenkuxuan Technology Co.,
Ltd., F6, Building 1, SAGE Jishukaifa
Center, 26 Binhu Road, E. Lake Xin Ji
Shu Kai Fa Qu, Wuhan, Hubei, China
430040
Xiao Dawei, Room 402, 4th Floor,
No.137, Tongan Park, Industrial
Concentration Zone, Tong’an,
Xiamen, Fujian, China 361199
Xiao Xiao Pi Fa Shang Mao You Xian Ze
Ren Gongsi Co., Row 40, Magnetic
Kilns, Ningxiang, Zhongyang,
Luliang, Shanxi, China 033400
YaRu Wang, No. 3, Southwest Gate
Street, Renyan Village, Jicun,
Fenyang, Luliang, Shanxi, China
032200
Yiwu Youru E-commerce Co., Ltd.,
Dong Da Lu 39, Building One, Jubao
Road, Choujiang Street, Yiwu, Jinhua,
Zhejiang, China 322000
Zhejiang Xinhui Import & Export Co.,
Ltd., No. 148, Xiazhuangli Bingjiang,
Hangzhou, Zhejiang, China 310052
Zhou Meng Bo, 618, Building 380,
Shayuanpu Building, Minzhi,
Longhua, Shenzhen, Guangdong,
China 51831
(c) The Office of Unfair Import
Investigations, U.S. International Trade
Commission, 500 E Street SW, Suite
401, Washington, DC 20436; and
(4) 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), 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.
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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: September 7, 2022.
Katherine Hiner,
Acting Secretary to the Commission.
[FR Doc. 2022–19658 Filed 9–12–22; 8:45 am]
BILLING CODE 7020–02–P
JUDICIAL CONFERENCE OF THE
UNITED STATES
Committee on Rules of Practice and
Procedure; Meeting of the Judicial
Conference
Judicial Conference of the
United States.
AGENCY:
Committee on Rules of Practice
and Procedure; notice of open meeting.
ACTION:
The Committee on Rules of
Practice and Procedure will hold a
meeting in a hybrid format with remote
attendance options on January 4, 2023
in Fort Lauderdale, FL. The meeting is
open to the public for observation but
not participation. An agenda and
supporting materials will be posted at
least 7 days in advance of the meeting
at: https://www.uscourts.gov/rulespolicies/records-and-archives-rulescommittees/agenda-books.
SUMMARY:
DATES:
January 4, 2023.
H.
Thomas Byron III, Esq., Chief Counsel,
Rules Committee Staff, Administrative
Office of the U.S. Courts, Thurgood
Marshall Federal Judiciary Building,
One Columbus Circle NE, Suite 7–300,
Washington, DC 20544, Phone (202)
502–1820, RulesCommittee_Secretary@
ao.uscourts.gov.
FOR FURTHER INFORMATION CONTACT:
(Authority: 28 U.S.C. 2073.)
Dated: September 7, 2022.
Shelly L. Cox,
Management Analyst, Rules Committee Staff.
[FR Doc. 2022–19664 Filed 9–12–22; 8:45 am]
BILLING CODE 2210–55–P
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DEPARTMENT OF JUSTICE
Antitrust Division
Notice Pursuant to the National
Cooperative Research and Production
Act of 1993—National Armaments
Consortium
Notice is hereby given that, on August
8, 2022, pursuant to Section 6(a) of the
National Cooperative Research and
Production Act of 1993, 15 U.S.C. 4301
et seq. (‘‘the Act’’), National Armaments
Consortium (‘‘NAC’’) has filed written
notifications simultaneously with the
Attorney General and the Federal Trade
Commission disclosing changes in its
membership. The notifications were
filed for the purpose of extending the
Act’s provisions limiting the recovery of
antitrust plaintiffs to actual damages
under specified circumstances.
Specifically, Black Sage Technologies
Inc., Boise, ID; Carnegie Robotics LLC,
Pittsburgh, PA; Combustion Research &
Flow Technology, Inc. (CRAFT Tech),
Pipersville, PA; Mid-America Applied
Technologies Corporation, Chagrin
Falls, OH; Primus Metals, Inc. dba
Primus Aerospace, Lakewood, CO;
Product Development Associates, Inc.,
Burnsville, MN; RunSafe Security, Inc.,
McLean, VA; and WPI Services, LLC
dba Systecon North America, Juno
Beach, FL, have been added as parties
to this venture.
Also, Adsys Controls, Inc., Irvine, CA;
ColdQuanta, Inc., Boulder, CO; Del
Sigma Technologies LLC, Rockford, MI;
Inertialwave, Inc, Manhattan Beach, CA;
ITT Enidine, Inc., Orchard Park, NY;
KGMade LLC, Norcross, GA; Matrix
International Security Training
Intelligence Center, Inc., Roswell, NM;
Photon Flux LLC, Huntsville, AL;
Prasad, Sarita, Albuquerque, NM;
Protonex LLC dba PNI Sensor, Santa
Rosa, CA; Southern Research Institute,
Birmingham, AL; Summit Information
Solutions, Inc., Glen Allen, VA; and
Syntec Technologies, Inc., Rochester,
NY, have withdrawn as parties to this
venture.
No other changes have been made in
either the membership or planned
activity of the group research project.
Membership in this group research
project remains open, and NAC intends
to file additional written notifications
disclosing all changes in membership.
On May 2, 2000, NAC filed its original
notification pursuant to Section 6(a) of
the Act. The Department of Justice
published a notice in the Federal
Register pursuant to Section 6(b) of the
Act on June 30, 2000 (65 FR 40693).
The last notification was filed with
the Department on May 31, 2022. A
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Agencies
[Federal Register Volume 87, Number 176 (Tuesday, September 13, 2022)]
[Notices]
[Pages 56086-56088]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-19658]
=======================================================================
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1328]
Certain Pillows and Seat Cushions, Components Thereof, and
Packaging Thereof; Notice of 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, 2022, under section
337 of the Tariff Act of 1930, as amended, on behalf of Purple
Innovation, LLC of Lehi, Utah. Supplements to the complaint were filed
on August 9, 2022 and August 22, 2022. The 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 pillows and seat cushions,
components thereof, and packaging thereof by reason of the infringement
of: (1) certain claims of U.S. Design Patent No. D909,092 (``the '092
patent''); U.S. Patent No. 10,772,445 (``the '445 patent''); and U.S.
Patent No. 10,863,837 (``the '837 patent''); (2) U.S. Trademark
Registration No. 5,661,556 (``the '556 mark'') and U.S. Trademark
Registration No. 6,551,053 (``the '053 mark'') and that an industry in
the United States exists as required by the applicable Federal Statute.
The complaint further alleges violations of section 337 based upon the
importation into the United States, or in the sale of certain pillows
and seat cushions, components thereof, and packaging thereof by reason
of trade dress infringement, 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 a limited and 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, 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: 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 (2022).
Scope of Investigation: Having considered the complaint, the U.S.
International Trade Commission, on September 6, 2022, ordered that--
(1) Pursuant to subsection (b) of section 337 of the Tariff Act of
1930, as amended,
(a) an investigation be instituted to determine whether there is a
violation of subsection (a)(1)(A) of section 337 in the importation
into the United States,
[[Page 56087]]
or the sale of certain products identified in paragraph (2) by reason
of trade dress infringement, the threat or effect of which is to
destroy or substantially injure an industry in the United States;
(b) 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 1-16,
18, 19, 21-33, and 35 of the '445 patent; claims 1-4, 6, 10-12, 19, and
20 of the '837 patent; and the sole claim of the '092 patent, and
whether an industry in the United States exists as required by
subsection (a)(2) of section 337;
(c) an investigation be instituted to determine 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 products identified in
paragraph (2) by reason of infringement of the '556 mark and the '053
mark, 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 ``certain pillows and
seat cushions, and components thereof (pillow cushions inside pillows
having provided pillow cases), wherein at least a material portion of
the pillow cushions or seat cushions are made of purple elastomer
material generally formed in a repetitive grid-like pattern, as well as
packaging thereof'';
(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:
Purple Innovation, LLC, 4100 North Chapel Ridge Road, Suite 200, Lehi,
Utah 84043
(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:
Bedmate-U Co., Ltd., 123, Sindae-gil, Gonjiam-eup, Gwangju-si,
Gyeonggi-do, Republic of Korea 12801
Chuang Fan Handicraft Co., Ltd., 598 Zhengsong Avenue, Wanquan,
Pingyang Wenzhou, Zhejiang, China 325409
Dongguan Bounce Technology Co., Ltd., No. 10, Development Road, Mowu
Village, Qishi Town, Dongguan, Guangdong, China
Dongguan Jingrui Silicone Technology Co., Ltd., 2-5-301, Niushan Ind.
Road, Dongcheng Street, Dongguan, Guangdong, China 523128
Foshan Dirani Design Furniture Co., Ltd., RA-3-026A, 3rd Floor, Bldg.
A, Jiabocheng No. 189, Middle Foshan Avenue, Foshan, Guangdong, China
528000
Global Ocean Trading Co. Ltd., Room 201, 2nd Floor, No. 1 Renmin North
Road, Longjiang Community, Longjiang Town, Shunde, Foshan, Guangdong,
China 528318
Guang An Shi Lin Chen Zai Sheng Wuzi Co., Ltd., No. 752, Xianzhu Road,
Xianyan Street, Ouhai, Wenzhou, Zhejiang, China 325000
Guang Zhou Wen Jie Shang Mao Youxian Gongsi Co., Ltd., Room 102, No.
15, Lane 111, Yusheng Road, Chenjia, Chongming, Shanghai, China 202162
Guangzhou Epsilon Import and Export Co., Ltd., Room 231, 2/F, Building
10, No. 1, Erheng Road, West District Hebian Tongda Creative Park,
Helong Street, Guangzhou, Guangdong, China 510000
Guangzhoushi Baixiangguo Keji Youxian Gongsi Co., Ltd., Fengze Dong Lu
106 Hao, Zi Bian 1 Hao Lou, X1301-B5235, Nansha, Guangzhou, Guangdong,
China 511458
Haircrafters LLC, 7022 Shallowford Road, Suite 1, Unit #532,
Chattanooga, TN 37421-6714
Hangzhou Lishang Import & Export Co., Ltd., Room 423, South District,
Zhejiang Newspaper Printing, No. 38 Xiangyuan Road, Gongshu, Hangzhou,
Zhejiang, China 310015
Hangzhou Lydia Sports Goods Co., Ltd., Rooms 201 and 202, Building 1,
Jinjishan, Village, Suoqian Town, Xiaoshanm, Hangzhou, Zhejiang, China
312000
Hebei Zeyong Technology Co., Ltd., North End of Fuqiang Road, Dahu
Jingguan, Pengdu Township, Binhu New Area, Hengshui, Hebei, China
053000
Henson Holdings, LLC d.b.a. SelectSoma, 112 Tucson Drive, Lafayette,
Louisiana 70503
Hetaibao, Hua Ji Zhen, He Lou Xing, Zheng Cun, He, Lou 1-1 Hao,
Linquan, Anhui, China 236400
Hubei Sheng Bingyi Dianzi Keji Youxian Gongsi Co. Ltd.,
Jiuyuhuangcheng, 6 Zhuang, 3 Danyuan, 603 Shi, Xiannvshan Jiedao
Tiyuguanlu 288, Hao, Xiaogan, Hanchuan, Hubei, China 431699
Kaifeng Shi Long Ting Qu Chen Yi, Shangmao Youxian Gongsi Co., Ltd.,
Room 2002, Unit 2, Building 10, Phase 3, Shenghua City, Fuxing Avenue,
Longting, Kaifeng, Henan, China 475000
Lankao Junchang Electronic Commerce Co., Ltd., Daonan New Street,
Lankao, Kaifeng, Henan, China
Lei Lei Wang, No. 33, Hou Xiegou, Xiegou Administrative Village, Tupi
Township, Fuyang, Linquan, Anhui, China 236400
Liu Lin Xian Xu Bin Dian Zi Chan Pin Dian, Pingtou Village, Sanjiao,
Luliang, Liulin, Shanxi, China 033300
Nanchang Shirong Bao Er Guanggao Youxian Gongsi Co., Ltd., 3399 Ziyang
Avenue, Room 2-035, Underground Commercial Plaza, Building B, Cloud
City, Nanchang High-Tech Industrial Development Zone, Nanchang,
Jiangxi, China 330096
Ningbo Bolian Import & Export Co., Ltd., 2-3-8, No. 326 Qianhu Avenue,
Dongqian Lake Tourist Resort Zone, Ningbo, Zhejiang, China 315121
Ningbo Minzhou Import & Export Co., Ltd., Room 4697, Building No. 3,
Lane 3, Xijing Road, Shijingshan District, Airport Road No. 5000, Shiqi
Street, Haishu, Beijing, China 100043
Ruian Xiu Yuan Guoji MaoYi Youxian Gongsi Co., Ltd., Luofeng, Bashuicun
Kangweilu 2 Hao, Tangxia, Ruian, Wenzhou, Zhejiang, China 325000
Shandong Jiu Hui Xinxi Keji Youxian Gongsi Co., Ltd., 112 Jiefang Road,
Chia Tai Times 1204, Lixia, Jinan, Shangdong, China 250000
Shanxi Chao Ma Xun Keji Youxian Gongsi Co., Ltd., Tonggang Road,
Chengbei Xinjing, Community Building 1, Building 2, Unit 17B, Xinfu,
Xinzhou, Shanxi, China 034000
Shenzhen Baibaikang Technology Co., Ltd., 6B03, West Plant, Floor 6, 2,
Guangxian Plot, Bagua 3rd Road, Yuanling Street, Shenzhen, Guangdong,
China 518029
Shenzhen Leadfar Industry Co., Ltd., 73-E Shatian North Road, Shatian,
Kengzi, Pingshan, Shenzhen, Guangdong, China 518122
Shenzhen Shi Mai Rui Ke Dianzi Shangwu Co. Ltd., Matian Street,
Xinzhuang Community, Songbai Road and South Ring Road Intersection,
Yitian Holiday House 1, Unit A 1405, Shenzhen, Guangdong, China 518106
Shenzhen Shi Xin Shangpin Dianzi Shangwu Youxian Gongsi Co., Ltd.,
Mingkang Road, Zhangkeng District 2, 58 Building 1178, Longhua,
Shenzhen, Guangdong, China 518131
Shenzhen Shi Yan Huang Chu Hai Keji Youxian Gongsi Co., Ltd., Minzhi
[[Page 56088]]
Street, Room 701, Building 25, Shahu Old Village, Longhua, Shenzhen,
Guangdong, China 518000
Shenzhen Shi Yuxiang Meirong Yongju, Youxian Gongsi Co. Ltd. 2801 B
Zuo, Jingjiyujingyinxiang Er Qi, 5, Hao Niuchanglu, Pinghuan Shequ,
Maluan Jiedao, Pingshan, Shenzhen, Guangdong, China 518118
Shenzhen Tianrun Material Co., Ltd., 307, No. 2, Baoyuan 2nd District,
Labor Community, Xixiang Street, Shenzhen, Guangdong, China 518000
Wuhan Chenkuxuan Technology Co., Ltd., F6, Building 1, SAGE Jishukaifa
Center, 26 Binhu Road, E. Lake Xin Ji Shu Kai Fa Qu, Wuhan, Hubei,
China 430040
Xiao Dawei, Room 402, 4th Floor, No.137, Tongan Park, Industrial
Concentration Zone, Tong'an, Xiamen, Fujian, China 361199
Xiao Xiao Pi Fa Shang Mao You Xian Ze Ren Gongsi Co., Row 40, Magnetic
Kilns, Ningxiang, Zhongyang, Luliang, Shanxi, China 033400
YaRu Wang, No. 3, Southwest Gate Street, Renyan Village, Jicun,
Fenyang, Luliang, Shanxi, China 032200
Yiwu Youru E-commerce Co., Ltd., Dong Da Lu 39, Building One, Jubao
Road, Choujiang Street, Yiwu, Jinhua, Zhejiang, China 322000
Zhejiang Xinhui Import & Export Co., Ltd., No. 148, Xiazhuangli
Bingjiang, Hangzhou, Zhejiang, China 310052
Zhou Meng Bo, 618, Building 380, Shayuanpu Building, Minzhi, Longhua,
Shenzhen, Guangdong, China 51831
(c) The Office of Unfair Import Investigations, U.S. International
Trade Commission, 500 E Street SW, Suite 401, Washington, DC 20436; and
(4) 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), 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 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 7, 2022.
Katherine Hiner,
Acting Secretary to the Commission.
[FR Doc. 2022-19658 Filed 9-12-22; 8:45 am]
BILLING CODE 7020-02-P