Certain Eye Cosmetics and Packaging Therefor; Notice of Institution of Investigation, 57942-57943 [2024-15630]

Download as PDF khammond on DSKJM1Z7X2PROD with NOTICES 57942 Federal Register / Vol. 89, No. 136 / Tuesday, July 16, 2024 / Notices Office of Investigations, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. Hearing-impaired 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 these investigations may be viewed on the Commission’s electronic docket (EDIS) at https://edis.usitc.gov. SUPPLEMENTARY INFORMATION: Background.—These investigations are being instituted, pursuant to sections 703(a) and 733(a) of the Tariff Act of 1930 (19 U.S.C. 1671b(a) and 1673b(a)), in response to petitions filed on July 10, 2024, by Tungsten Parts Wyoming, Inc., Laramie, Wyoming. For further information concerning the conduct of these investigations 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 B (19 CFR part 207). Participation in the investigations and public service list.—Persons (other than petitioner) wishing to participate in the investigations as parties must file an entry of appearance with the Secretary to the Commission, as provided in §§ 201.11 and 207.10 of the Commission’s rules, not later than seven days after publication of this notice in the Federal Register. Industrial users and (if the merchandise under investigation is sold at the retail level) representative consumer organizations have the right to appear as parties in Commission antidumping duty and countervailing duty investigations. The Secretary will prepare a public service list containing the names and addresses of all persons, or their representatives, who are parties to these investigations upon the expiration of the period for filing entries of appearance. 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 these investigations available to authorized applicants representing interested parties (as defined in 19 U.S.C. 1677(9)) who are parties to the investigations under the APO issued in the investigations, provided that the application is made not later than seven VerDate Sep<11>2014 16:55 Jul 15, 2024 Jkt 262001 days after the publication of this notice in the Federal Register. A separate service list will be maintained by the Secretary for those parties authorized to receive BPI under the APO. Conference.—The Office of Investigations will hold a staff conference in connection with the preliminary phase of these investigations beginning at 9:30 a.m. on July 31, 2024. Requests to appear at the conference should be emailed to preliminaryconferences@usitc.gov (DO NOT FILE ON EDIS) on or before July 29, 2024. Please provide an email address for each conference participant in the email. Information on conference procedures, format, and participation, including guidance for requests to appear as a witness via videoconference, will be available on the Commission’s Public Calendar (https://usitc.gov/ calendar). A nonparty who has testimony that may aid the Commission’s deliberations may request permission to participate by submitting a short statement. 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. Written submissions.—As provided in §§ 201.8 and 207.15 of the Commission’s rules, any person may submit to the Commission on or before 5:15 p.m. on August 5, 2024, a written brief containing information and arguments pertinent to the subject matter of the investigations. Parties shall file written testimony and supplementary material in connection with their presentation at the conference no later than noon on July 30, 2024. All written submissions must conform with the provisions of § 201.8 of the Commission’s rules; any submissions that contain BPI must also conform with the requirements of §§ 201.6, 207.3, and 207.7 of the Commission’s rules. The Commission’s Handbook on Filing Procedures, available on the Commission’s website at https:// www.usitc.gov/documents/handbook_ on_filing_procedures.pdf, elaborates upon the Commission’s procedures with respect to filings. In accordance with §§ 201.16(c) and 207.3 of the rules, each document filed by a party to the investigations must be served on all other parties to the investigations (as identified by either the public or BPI service list), and a certificate of service must be timely filed. The Secretary will not accept a PO 00000 Frm 00100 Fmt 4703 Sfmt 4703 document for filing without a certificate of service. Certification.—Pursuant to § 207.3 of the Commission’s rules, any person submitting information to the Commission in connection with these investigations must certify that the information is accurate and complete to the best of the submitter’s knowledge. In making the certification, the submitter will acknowledge that any information that it submits to the Commission during these investigations 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 these or related investigations or reviews, 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, solely for cybersecurity purposes. All contract personnel will sign appropriate nondisclosure agreements. Authority: These investigations are being conducted under authority of title VII of the Tariff Act of 1930; this notice is published pursuant to § 207.12 of the Commission’s rules. By order of the Commission. Issued: July 10, 2024. Lisa Barton, Secretary to the Commission. [FR Doc. 2024–15530 Filed 7–15–24; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–1407] Certain Eye Cosmetics and Packaging Therefor; Notice of Institution of Investigation International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on May 20, 2024, under section 337 of the Tariff Act of 1930, as amended, on behalf of Amarte USA Holdings, Inc. of Redding, California. An amended complaint was filed on May 31, 2024, a second amended complaint was filed on June 7, 2024, and a supplement was filed on June 28, 2024. The second 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 SUMMARY: E:\FR\FM\16JYN1.SGM 16JYN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 89, No. 136 / Tuesday, July 16, 2024 / Notices the United States after importation of certain eye cosmetics and packaging therefor by reason of the infringement of U.S. Trademark Registration No. 4,328,655 (‘‘the ’655 mark’’). The second amended complaint also alleges that an industry in the United States exists as required by the applicable Federal Statute. The second amended complaint further alleges violations of section 337 based upon the importation into the United States, or in the sale of certain eye cosmetics and packaging therefor by reason of unfair competition and false advertising, 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 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 (2024). Scope of Investigation: Having considered the complaint, the U.S. International Trade Commission, on July 10, 2024, 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)(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 VerDate Sep<11>2014 16:55 Jul 15, 2024 Jkt 262001 certain products identified in paragraph (2) by reason of infringement of the ’655 mark, and whether an industry in the United States exists as required by subsection (a)(2) of section 337; and (b) Whether there is a violation of subsection (a)(1)(A) of section 337 in the importation into the United States, or in the sale of certain products identified in paragraph (2) by reason of unfair competition or false advertising, the threat or effect of which is to destroy or substantially injure an industry in the United States; (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 ‘‘eye cosmetics, i.e., eye creams, eye palettes, eye kits, eye patches, eye serums and eye lashes’’; (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: Amarte USA Holdings, Inc., 1731 California St., Redding, California 96001. (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: Unilever PLC, Port Sunlight, Wirral, Merseyside CH62 4ZD, United Kingdom Unilever United States, Inc., 800 Sylvan Avenue, Englewood Cliffs, New Jersey 07632 Carver Korea Co., Ltd., 81 Tojeong-ro 31-gil, Mapo-gu, Seoul (Daeheungdong), South Korea Bourne & Morgan Ltd., 71–75 Shelton Street, Covent Garden, London, United Kingdom, WC2H 9JQ MZ Skin Ltd., 5 Elstree Gate, Elstree Way, Borehamwood, Hertfordshire, United Kingdom, WD61JD Kaibeauty, 104 Nanjing W Rd., Zhongshan District, Taipei City, Taiwan 10491 I’ll Global Co., Ltd., 3F, Samdeok Bldg., 315, Sinbanporro, Seocho-gu, Seoul, South Korea 06546 Hikari Laboratories Ltd., 207 Rishonim Street, Bnei Atarot 60991, Israel Iman Cosmetics, P.O. Box 6867, London, Greater London, E14 5AN, United Kingdom; and, 363 7th Ave Suite 8, New York, NY 10001 Strip Lashed, 38 Main Street, Rawmarsh, Rotherham, South Yorkshire, S62 50W, United Kingdom Kelz Beauty, Almassy Ter 11, 1077, Budapest, Hungary (c) The Office of Unfair Import Investigations, U.S. International Trade PO 00000 Frm 00101 Fmt 4703 Sfmt 4703 57943 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: July 11, 2024. Sharon Bellamy, Supervisory Hearings and Information Officer. [FR Doc. 2024–15630 Filed 7–15–24; 8:45 am] BILLING CODE 7020–02–P DEPARTMENT OF JUSTICE Notice of Lodging of Proposed Consent Decree Under the Clean Air Act On July 11, 2024, the Department of Justice lodged a proposed consent decree with the United States District Court for the District of North Dakota in the lawsuit entitled United States v. Marathon Oil Company, Civil Action No. 1:24–cv–00136–DMT–CRH. The United States filed this lawsuit under the Clean Air Act against Defendant Marathon Oil Company, alleging two types of violations at oil E:\FR\FM\16JYN1.SGM 16JYN1

Agencies

[Federal Register Volume 89, Number 136 (Tuesday, July 16, 2024)]
[Notices]
[Pages 57942-57943]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-15630]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1407]


Certain Eye Cosmetics and Packaging Therefor; Notice of 
Institution of Investigation

AGENCY: International Trade Commission.

ACTION: Notice.

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

SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on May 20, 2024, under section 337 
of the Tariff Act of 1930, as amended, on behalf of Amarte USA 
Holdings, Inc. of Redding, California. An amended complaint was filed 
on May 31, 2024, a second amended complaint was filed on June 7, 2024, 
and a supplement was filed on June 28, 2024. The second 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

[[Page 57943]]

the United States after importation of certain eye cosmetics and 
packaging therefor by reason of the infringement of U.S. Trademark 
Registration No. 4,328,655 (``the '655 mark''). The second amended 
complaint also alleges that an industry in the United States exists as 
required by the applicable Federal Statute. The second amended 
complaint further alleges violations of section 337 based upon the 
importation into the United States, or in the sale of certain eye 
cosmetics and packaging therefor by reason of unfair competition and 
false advertising, 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 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 (2024).
    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on July 10, 2024, 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)(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 '655 mark, and whether an industry in the United States exists 
as required by subsection (a)(2) of section 337; and
    (b) Whether there is a violation of subsection (a)(1)(A) of section 
337 in the importation into the United States, or in the sale of 
certain products identified in paragraph (2) by reason of unfair 
competition or false advertising, the threat or effect of which is to 
destroy or substantially injure an industry in the United States;
    (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 ``eye cosmetics, i.e., 
eye creams, eye palettes, eye kits, eye patches, eye serums and eye 
lashes'';
    (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: Amarte USA Holdings, Inc., 1731 California 
St., Redding, California 96001.
    (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:

Unilever PLC, Port Sunlight, Wirral, Merseyside CH62 4ZD, United 
Kingdom
Unilever United States, Inc., 800 Sylvan Avenue, Englewood Cliffs, New 
Jersey 07632
Carver Korea Co., Ltd., 81 Tojeong-ro 31-gil, Mapo-gu, Seoul (Daeheung-
dong), South Korea
Bourne & Morgan Ltd., 71-75 Shelton Street, Covent Garden, London, 
United Kingdom, WC2H 9JQ
MZ Skin Ltd., 5 Elstree Gate, Elstree Way, Borehamwood, Hertfordshire, 
United Kingdom, WD61JD
Kaibeauty, 104 Nanjing W Rd., Zhongshan District, Taipei City, Taiwan 
10491
I'll Global Co., Ltd., 3F, Samdeok Bldg., 315, Sinbanporro, Seocho-gu, 
Seoul, South Korea 06546
Hikari Laboratories Ltd., 207 Rishonim Street, Bnei Atarot 60991, 
Israel
Iman Cosmetics, P.O. Box 6867, London, Greater London, E14 5AN, United 
Kingdom; and, 363 7th Ave Suite 8, New York, NY 10001
Strip Lashed, 38 Main Street, Rawmarsh, Rotherham, South Yorkshire, S62 
50W, United Kingdom
    Kelz Beauty, Almassy Ter 11, 1077, Budapest, Hungary

    (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: July 11, 2024.
Sharon Bellamy,
Supervisory Hearings and Information Officer.
[FR Doc. 2024-15630 Filed 7-15-24; 8:45 am]
BILLING CODE 7020-02-P
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