Certain Compact Wallets and Components Thereof; Notice of the Commission's Final Determination Finding a Violation of Section 337; Issuance of a General Exclusion Order and Cease and Desist Orders; Termination of the Investigation, 63223-63224 [2024-17038]
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Federal Register / Vol. 89, No. 149 / Friday, August 2, 2024 / Notices
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–1355]
Certain Compact Wallets and
Components Thereof; Notice of the
Commission’s Final Determination
Finding a Violation of Section 337;
Issuance of a General Exclusion Order
and Cease and Desist Orders;
Termination of the Investigation
International Trade
Commission.
ACTION: Notice.
AGENCY:
Notice is hereby given that
the U.S. International Trade
Commission has found a violation of
section 337 of the Tariff Act of 1930, as
amended, in this investigation and has
issued a general exclusion order
prohibiting the importation of infringing
compact wallets and components
thereof and cease and desist orders
directed against Respondents Rosemar
Enterprises LLC d/b/a RossM Wallet
(‘‘RossM’’); INSGG; Shenzhen Swztech
Co., Ltd. d/b/a SWZA (‘‘SWZA’’); and
Shenzhen Pincan Technology Co., Ltd.
d/b/a ARW-Wallet (‘‘ARW’’).
FOR FURTHER INFORMATION CONTACT:
Cathy Chen, Esq., Office of the General
Counsel, U.S. International Trade
Commission, 500 E Street SW,
Washington, DC 20436, telephone (202)
205–2392. Copies of non-confidential
documents filed in connection with this
investigation 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: The
Commission instituted this investigation
on March 15, 2023, based on a
complaint filed by The Ridge Wallet,
LLC of Santa Monica, California
(‘‘Ridge’’ or ‘‘Complainant’’). 88 FR
16030–031 (Mar. 15, 2023). The
complaint, as supplemented, alleged
violations of section 337 of the Tariff
Act of 1930, as amended, 19 U.S.C.
1337, in the importation into the United
States, the sale for importation, or the
sale within the United States after
importation of certain compact wallets
and components thereof by reason of
trade dress infringement and
infringement of claims 1–4, 9, and 12–
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SUMMARY:
VerDate Sep<11>2014
16:22 Aug 01, 2024
Jkt 262001
17 of U.S. Patent No. 10,791,808 (‘‘the
’808 patent’’). Id. The Commission’s
notice of investigation named as
respondents RossM of Palm Springs,
California; INSGG of Hangzhou City,
Zhejiang Province, China; Mosaic
Brands, Inc. of Alamo, California
(‘‘Mosaic’’); SWZA of Shenzhen,
Guangdong, China; and ARW of
Shenzhen, Guangdong, China. The
Office of Unfair Import Investigations
(‘‘OUII’’) also participated in this
investigation.
After institution, Respondents RossM
and INSGG were found in default
(collectively, the ‘‘Defaulting
Respondents’’). See Order No. 12 (Jul.
11, 2023), unreviewed by Comm’n
Notice (Jul. 28, 2023). In addition,
Respondent Mosaic was terminated
from the investigation based on
settlement. See Order No. 16 (Sept. 6,
2023), unreviewed by Comm’n Notice
(Sept. 22, 2023).
Before the evidentiary hearing, the
investigation was terminated as to
Ridge’s trade dress allegations and as to
Ridge’s infringement allegations with
respect to claims 3, 4, 9, 12, 13, 15, 16,
and 17 of the ’808 patent. See Order No.
25 (Oct. 6, 2023), unreviewed by
Comm’n Notice (Nov. 6, 2023).
Only Respondents SWZA and ARW
(collectively, the ‘‘Participating
Respondents’’) participated at the
evidentiary hearing held on November
6–7, 2023. After the hearing, counsel for
the Participating Respondents withdrew
after being ‘‘discharged’’ by the
Participating Respondents. Final Initial
Determination (‘‘ID’’) at 2 (citing Order
No. 30 (Dec. 13, 2023)). The
Participating Respondents did not file
post-hearing briefs. Id. at 3.
On March 15, 2024, the ALJ issued a
combined ID and recommended
determination (‘‘RD’’), finding a
violation of section 337 by the
Defaulting Respondents and the
Participating Respondents. Specifically,
the ID found, inter alia, that the
‘‘Commission has subject matter,
personal, and in rem jurisdiction in this
investigation,’’ id. at 72; that the
importation requirement is satisfied as
to the accused products; that the
accused products infringe claims 1, 2,
and 14 of the ’808 patent; that Ridge has
satisfied the domestic industry
requirement with respect to the ’808
patent under sections 337(a)(3)(A) and
(B); and that claims 1, 2, and 14 have
not been shown to be invalid. In
addition, the RD recommended that the
Commission issue a general exclusion
order and a cease and desist order
directed to each of the respondents. The
RD also recommended that the
Commission impose a one hundred
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63223
percent (100%) bond during the period
of Presidential review.
On April 15, 2024, Ridge filed a
statement on public interest pursuant to
Commission Rule 210.50(a)(4), 19 CFR
210.50(a)(4).
No petitions for review were filed,
which means each party has abandoned
all issues decided adversely to that
party. See 19 CFR 210.43(b)(4). No
public interest submissions were filed
in response to the Federal Register
notice seeking such submissions, 89 FR
20248 (Mar. 21, 2024).
On May 16, 2024, the Commission
issued a notice determining to review
the ID in part on its own initiative. 89
FR 45010 (May 22, 2024); 19 CFR
210.44. Specifically, the Commission
determined to review the ID’s findings
with respect to jurisdiction and the
economic prong of domestic industry.
The Commission also requested briefing
related to the economic prong of
domestic industry and briefing on
remedy, bonding, and the public
interest.
On May 30, 2024, Ridge and OUII
filed their respective initial submissions
on the issues under review, and on
remedy, bonding, and the public
interest. On June 6, 2024, Ridge and
OUII filed their respective response
submissions. No other party filed a
submission before the Commission.
Having reviewed the record of the
investigation, including the ID and the
parties’ submissions, the Commission
has found a violation of section 337 as
claims 1, 2, and 14 of the ’808 patent.
Specifically, the Commission has
determined to vacate the ID’s use of the
language ‘‘subject matter jurisdiction’’
and clarifies that this term, along with
‘‘in rem jurisdiction’’ and ‘‘personal
jurisdiction,’’ are merely shorthand for
the Commission’s statutory authority
over the present investigation. The
Commission has also determined to
affirm, with modifications, the ID’s
finding that Ridge has satisfied the
economic prong of the domestic
industry requirement under section
337(a)(3)(B).
The Commission has determined that
the appropriate remedy is: (1) a general
exclusion order prohibiting the entry of
infringing compact wallets and
components thereof; and (2) cease and
desist orders directed to Respondents
RossM, SWZA, ARW, and INSGG. The
Commission has determined that the
public interest factors do not preclude
issuance of the general exclusion order
or the cease and desist orders. The
Commission has determined that a bond
is required during the period of
Presidential review and sets the bond in
the amount of one hundred percent
E:\FR\FM\02AUN1.SGM
02AUN1
63224
Federal Register / Vol. 89, No. 149 / Friday, August 2, 2024 / Notices
(100%) of the imported articles. 19
U.S.C. 1337(j)(3).
The investigation is terminated. The
Commission’s reasoning in support of
its determinations is set forth more fully
in its opinion. The Commission’s orders
and opinion were delivered to the
President and the United States Trade
Representative on the day of their
issuance.
The Commission vote for this
determination took place on July 29,
2024.
The authority for the Commission’s
determination is contained in section
337 of the Tariff Act of 1930, as
amended (19 U.S.C. 1337), and in Part
210 of the Commission’s Rules of
Practice and Procedure (19 CFR part
210).
By order of the Commission.
Issued: July 29, 2024.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2024–17038 Filed 8–1–24; 8:45 am]
BILLING CODE 7020–02–P
NATIONAL CREDIT UNION
ADMINISTRATION
Renewal of Agency Information
Collections for Comments Request:
Proposed Collections
National Credit Union
Administration (NCUA).
ACTION: Notice and request for
comments.
AGENCY:
The National Credit Union
Administration (NCUA) will submit the
following information collection
requests to the Office of Management
and Budget (OMB) for review and
clearance in accordance with the
Paperwork Reduction Act of 1995, on or
after the date of publication of this
notice.
DATES: Written comments should be
received on or before October 1, 2024 to
be assured consideration.
ADDRESSES: Interested persons are
invited to submit written comments on
the information collection to Dacia
Rogers, National Credit Union
Administration, 1775 Duke Street,
Alexandria, Virginia 22314, Suite 5067;
Fax No. (703) 519–8161; or email at
PRAComments@NCUA.gov.
FOR FURTHER INFORMATION CONTACT:
Copies of the submission may be
obtained by contacting Dacia Rogers at
(703) 718–1155.
SUPPLEMENTARY INFORMATION:
OMB Number: 3133–0121.
Title: Notice of Change of Officials
and Senior Executive Officers.
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SUMMARY:
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16:22 Aug 01, 2024
Jkt 262001
Type of Review: Extension of a
previously approved collection.
Abstract: In order to comply with
statutory requirements, the agency must
obtain sufficient information from new
officials or senior executive officers of
troubled or newly chartered credit
unions to determine their fitness for the
position. This is established by the
Financial Institutions Reform, Recovery,
and Enforcement Act of 1989 (FIRREA),
Public Law 101–73. The forms provide
a standardize format to collect the
information needed.
Affected Public: Private Sector: Notfor-profit institutions.
Estimated Total Annual Burden
Hours: 759.
OMB Number: 3133–0169.
Title: Purchase of Assets and
Assumptions of Liabilities, 12 CFR
741.8.
Type of Review: Extension of a
previously approved collection.
Abstract: In accordance with § 741.8,
federally insured credit unions (FICUs)
must request approval from the NCUA
prior to purchasing assets or assuming
liabilities of a privately insured credit
union, other financial institution, or
their successor interest. A FICU seeking
approval must submit a letter to the
appropriate Regional Director stating the
nature of the transaction, and include
copies of relevant transaction
documents. Relevant transactions
documents may include, but are not
limited to: the credit union’s financial
statements, strategic plan, and budget,
inventory of the assets and liabilities to
be transferred, and any relevant
contracts or agreements regarding the
transfer. NCUA will use the information
to determine the safety and soundness
of the transaction and risk to the
National Credit Union Share Insurance
Fund (NCUSIF).
Affected Public: Private Sector: Notfor-profit institutions.
Estimated Total Annual Burden
Hours: 1,920.
OMB Number: 3133–0015.
Title: Chartering and Field of
Membership Manual, 12 CFR 701.1,
App. B to Part 701.
Type of Review: Extension of a
previously approved collection.
Abstract: The FCU Act requires
NCUA to administer chartering and
field of membership requirements for
FCUs. This is implemented through the
Chartering and Field of Membership
(Chartering) Manual as incorporated
into NCUA regulations at 12 CFR 701.1
and appendix B to part 701. The
Chartering Manual requires credit
unions to prepare and submit forms
with regard to chartering, field of
membership amendments, service to
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Frm 00068
Fmt 4703
Sfmt 4703
underserved areas, and conversions
from federal to state credit unions and
state to federal credit unions.
Affected Public: Private Sector: Notfor-profit institutions.
Estimated Total Annual Burden
Hours: 16,223.
Request for Comments: Comments
submitted in response to this notice will
be summarized and included in the
request for Office of Management and
Budget approval. All comments will
become a matter of public record. The
public is invited to submit comments
concerning: (a) whether the collection of
information is necessary for the proper
performance of the function of the
agency, including whether the
information will have practical utility;
(b) the accuracy of the agency’s estimate
of the burden of the collection of
information, including the validity of
the methodology and assumptions used;
(c) ways to enhance the quality, utility,
and clarity of the information to be
collected; and (d) ways to minimize the
burden of the collection of the
information on the respondents,
including the use of automated
collection techniques or other forms of
information technology.
By the National Credit Union
Administration Board.
Melane Conyers-Ausbrooks,
Secretary of the Board.
[FR Doc. 2024–17088 Filed 8–1–24; 8:45 am]
BILLING CODE 7535–01–P
NATIONAL FOUNDATION ON THE
ARTS AND THE HUMANITIES
Institute of Museum and Library
Services
Notice of Proposed Information
Collection Request: Public Libraries
Survey FY 2024–FY 2026
Institute of Museum and
Library Services, National Foundation
on the Arts and the Humanities.
ACTION: Notice, request for comments on
this collection of information.
AGENCY:
The Institute of Museum and
Library Services (IMLS), as part of its
continuing effort to reduce paperwork
and respondent burden, conducts a preclearance consultation program to
provide the general public and federal
agencies with an opportunity to
comment on proposed and/or
continuing collections of information in
accordance with the Paperwork
Reduction Act. This pre-clearance
consultation program helps to ensure
that requested data can be provided in
the desired format, reporting burden
SUMMARY:
E:\FR\FM\02AUN1.SGM
02AUN1
Agencies
[Federal Register Volume 89, Number 149 (Friday, August 2, 2024)]
[Notices]
[Pages 63223-63224]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-17038]
[[Page 63223]]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1355]
Certain Compact Wallets and Components Thereof; Notice of the
Commission's Final Determination Finding a Violation of Section 337;
Issuance of a General Exclusion Order and Cease and Desist Orders;
Termination of the Investigation
AGENCY: International Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that the U.S. International Trade
Commission has found a violation of section 337 of the Tariff Act of
1930, as amended, in this investigation and has issued a general
exclusion order prohibiting the importation of infringing compact
wallets and components thereof and cease and desist orders directed
against Respondents Rosemar Enterprises LLC d/b/a RossM Wallet
(``RossM''); INSGG; Shenzhen Swztech Co., Ltd. d/b/a SWZA (``SWZA'');
and Shenzhen Pincan Technology Co., Ltd. d/b/a ARW-Wallet (``ARW'').
FOR FURTHER INFORMATION CONTACT: Cathy Chen, Esq., Office of the
General Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202) 205-2392. Copies of non-
confidential documents filed in connection with this investigation 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: The Commission instituted this investigation
on March 15, 2023, based on a complaint filed by The Ridge Wallet, LLC
of Santa Monica, California (``Ridge'' or ``Complainant''). 88 FR
16030-031 (Mar. 15, 2023). The complaint, as supplemented, alleged
violations of section 337 of the Tariff Act of 1930, as amended, 19
U.S.C. 1337, in the importation into the United States, the sale for
importation, or the sale within the United States after importation of
certain compact wallets and components thereof by reason of trade dress
infringement and infringement of claims 1-4, 9, and 12-17 of U.S.
Patent No. 10,791,808 (``the '808 patent''). Id. The Commission's
notice of investigation named as respondents RossM of Palm Springs,
California; INSGG of Hangzhou City, Zhejiang Province, China; Mosaic
Brands, Inc. of Alamo, California (``Mosaic''); SWZA of Shenzhen,
Guangdong, China; and ARW of Shenzhen, Guangdong, China. The Office of
Unfair Import Investigations (``OUII'') also participated in this
investigation.
After institution, Respondents RossM and INSGG were found in
default (collectively, the ``Defaulting Respondents''). See Order No.
12 (Jul. 11, 2023), unreviewed by Comm'n Notice (Jul. 28, 2023). In
addition, Respondent Mosaic was terminated from the investigation based
on settlement. See Order No. 16 (Sept. 6, 2023), unreviewed by Comm'n
Notice (Sept. 22, 2023).
Before the evidentiary hearing, the investigation was terminated as
to Ridge's trade dress allegations and as to Ridge's infringement
allegations with respect to claims 3, 4, 9, 12, 13, 15, 16, and 17 of
the '808 patent. See Order No. 25 (Oct. 6, 2023), unreviewed by Comm'n
Notice (Nov. 6, 2023).
Only Respondents SWZA and ARW (collectively, the ``Participating
Respondents'') participated at the evidentiary hearing held on November
6-7, 2023. After the hearing, counsel for the Participating Respondents
withdrew after being ``discharged'' by the Participating Respondents.
Final Initial Determination (``ID'') at 2 (citing Order No. 30 (Dec.
13, 2023)). The Participating Respondents did not file post-hearing
briefs. Id. at 3.
On March 15, 2024, the ALJ issued a combined ID and recommended
determination (``RD''), finding a violation of section 337 by the
Defaulting Respondents and the Participating Respondents. Specifically,
the ID found, inter alia, that the ``Commission has subject matter,
personal, and in rem jurisdiction in this investigation,'' id. at 72;
that the importation requirement is satisfied as to the accused
products; that the accused products infringe claims 1, 2, and 14 of the
'808 patent; that Ridge has satisfied the domestic industry requirement
with respect to the '808 patent under sections 337(a)(3)(A) and (B);
and that claims 1, 2, and 14 have not been shown to be invalid. In
addition, the RD recommended that the Commission issue a general
exclusion order and a cease and desist order directed to each of the
respondents. The RD also recommended that the Commission impose a one
hundred percent (100%) bond during the period of Presidential review.
On April 15, 2024, Ridge filed a statement on public interest
pursuant to Commission Rule 210.50(a)(4), 19 CFR 210.50(a)(4).
No petitions for review were filed, which means each party has
abandoned all issues decided adversely to that party. See 19 CFR
210.43(b)(4). No public interest submissions were filed in response to
the Federal Register notice seeking such submissions, 89 FR 20248 (Mar.
21, 2024).
On May 16, 2024, the Commission issued a notice determining to
review the ID in part on its own initiative. 89 FR 45010 (May 22,
2024); 19 CFR 210.44. Specifically, the Commission determined to review
the ID's findings with respect to jurisdiction and the economic prong
of domestic industry. The Commission also requested briefing related to
the economic prong of domestic industry and briefing on remedy,
bonding, and the public interest.
On May 30, 2024, Ridge and OUII filed their respective initial
submissions on the issues under review, and on remedy, bonding, and the
public interest. On June 6, 2024, Ridge and OUII filed their respective
response submissions. No other party filed a submission before the
Commission.
Having reviewed the record of the investigation, including the ID
and the parties' submissions, the Commission has found a violation of
section 337 as claims 1, 2, and 14 of the '808 patent. Specifically,
the Commission has determined to vacate the ID's use of the language
``subject matter jurisdiction'' and clarifies that this term, along
with ``in rem jurisdiction'' and ``personal jurisdiction,'' are merely
shorthand for the Commission's statutory authority over the present
investigation. The Commission has also determined to affirm, with
modifications, the ID's finding that Ridge has satisfied the economic
prong of the domestic industry requirement under section 337(a)(3)(B).
The Commission has determined that the appropriate remedy is: (1) a
general exclusion order prohibiting the entry of infringing compact
wallets and components thereof; and (2) cease and desist orders
directed to Respondents RossM, SWZA, ARW, and INSGG. The Commission has
determined that the public interest factors do not preclude issuance of
the general exclusion order or the cease and desist orders. The
Commission has determined that a bond is required during the period of
Presidential review and sets the bond in the amount of one hundred
percent
[[Page 63224]]
(100%) of the imported articles. 19 U.S.C. 1337(j)(3).
The investigation is terminated. The Commission's reasoning in
support of its determinations is set forth more fully in its opinion.
The Commission's orders and opinion were delivered to the President and
the United States Trade Representative on the day of their issuance.
The Commission vote for this determination took place on July 29,
2024.
The authority for the Commission's determination is contained in
section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and
in Part 210 of the Commission's Rules of Practice and Procedure (19 CFR
part 210).
By order of the Commission.
Issued: July 29, 2024.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2024-17038 Filed 8-1-24; 8:45 am]
BILLING CODE 7020-02-P