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]

Download as PDF 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– khammond on DSKJM1Z7X2PROD with NOTICES 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 PO 00000 Frm 00067 Fmt 4703 Sfmt 4703 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. khammond on DSKJM1Z7X2PROD with NOTICES SUMMARY: VerDate Sep<11>2014 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 PO 00000 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
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