Certain Hydrodermabrasion Systems and Components Thereof; Notice of Institution of Investigation, 73446-73447 [2024-20417]

Download as PDF 73446 Federal Register / Vol. 89, No. 175 / Tuesday, September 10, 2024 / Notices confidence must request confidential treatment by marking each document with a header indicating that the document contains confidential information. This marking will be deemed to satisfy the request procedure set forth in Rules 201.6(b) and 210.5(e)(2) (19 CFR 201.6(b) & 210.5(e)(2)). Documents for which confidential treatment by the Commission is properly sought will be treated accordingly. Any non-party wishing to submit comments containing confidential information must serve those comments on the parties to the investigation pursuant to the applicable Administrative Protective Order. A redacted non-confidential version of the document must also be filed simultaneously with any confidential filing and must be served in accordance with Commission Rule 210.4(f)(7)(ii)(A) (19 CFR 210.4(f)(7)(ii)(A)). All information, including confidential business information and documents for which confidential treatment is properly sought, submitted to the Commission for purposes of this investigation 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 this or a related proceeding, 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. All nonconfidential written submissions will be available for public inspection on EDIS. This action is taken under the authority of 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). khammond on DSKJM1Z7X2PROD with NOTICES By order of the Commission. Issued: September 4, 2024. Sharon Bellamy, Supervisory Hearings and Information Officer. [FR Doc. 2024–20337 Filed 9–9–24; 8:45 am] BILLING CODE 7020–02–P VerDate Sep<11>2014 16:45 Sep 09, 2024 Jkt 262001 INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–1416] Certain Hydrodermabrasion Systems and Components 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 6, 2024, under section 337 of the Tariff Act of 1930, as amended, on behalf of HydraFacial LLC f/k/a Edge Systems LLC of Long Beach, California. A supplement was filed on August 16, 2024. 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 hydrodermabrasion systems and components thereof by reason of the infringement of certain claims of U.S. Patent No. 11,865,287 (‘‘the ’287 patent’’) and U.S. Patent No. 9,550,052 (‘‘the ’052 patent’’). The complaint further alleges that an industry in the United States exists as required by the applicable Federal Statute. The complainant requests that the Commission institute an investigation and, after the investigation, issue a limited exclusion order and a cease and desist order. 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: Susan Orndoff, The Office of Docket Services, U.S. International Trade Commission, telephone (202) 205–2560 or (202) 205–1802. SUPPLEMENTARY INFORMATION: Authority: The authority for institution of this investigation is contained in section 337 of the Tariff SUMMARY: PO 00000 Frm 00097 Fmt 4703 Sfmt 4703 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 September 5, 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 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 1–12, 14–20, 22–26, 28–37, and 39–45 of the ’287 patent and claims 1–8 and 11–16 of the ’052 patent, 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 ‘‘systems and subassemblies for skin treatment through mechanical and/or fluid-based abrasion or exfoliation’’; (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: HydraFacial LLC f/k/a Edge Systems LLC, 2165 E. Spring St., Long Beach, California 90806 (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: Sinclair Pharma U.S. Inc., 18 Technology Drive, Suite 134, Irvine, CA 92618 Sinclair Pharma Limited, 1st Floor, Whitfield Court, 30–32 Whitfield Street, London W1T 2RQ, United Kingdom Huadong Medicine Co., Ltd., No. 866 Moganshan Road, Hangzhou, Zhejiang, China 310011 EMA Aesthetics, Ltd., 2nd Floor, Palmerston House, Fenian Street, Dublin D02WD37, Ireland Aesthetics Management Partners, 9109 Macon Road, Cordova, TN 38016 Advanced Aesthetics Services LLC, 401 SW 9th Street, Apartment #3, Miami, FL 33130 H.R. Meditech, 556–44 Gajwa-dong, Seo-gu, Incheon, Republic of Korea 22827, and E:\FR\FM\10SEN1.SGM 10SEN1 Federal Register / Vol. 89, No. 175 / Tuesday, September 10, 2024 / Notices (4) For the investigation so instituted, the Chief Administrative Law Judge, U.S. International Trade Commission, shall designate the presiding Administrative Law Judge. The Office of Unfair Import Investigations will not participate as a party in this investigation. 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 5, 2024. Sharon Bellamy, Supervisory Hearings and Information Officer. [FR Doc. 2024–20417 Filed 9–9–24; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION khammond on DSKJM1Z7X2PROD with NOTICES [Investigation No. 337–TA–1395] Certain Aerosol Fire Extinguishing Technology, Components Thereof, and Products Containing Same; Notice of a Commission Determination Not To Review an Initial Determination Granting a Motion To Terminate the Investigation Based on Withdrawal of the Complaint; Termination of the Investigation U.S. International Trade Commission. AGENCY: VerDate Sep<11>2014 16:45 Sep 09, 2024 Jkt 262001 ACTION: Notice. Notice is hereby given that the U.S. International Trade Commission has determined not to review the presiding administrative law judge’s (‘‘ALJ’’) initial determination (‘‘ID’’) (Order No. 18) granting an unopposed motion to terminate the investigation based on withdrawal of the complaint. The investigation is terminated in its entirety. FOR FURTHER INFORMATION CONTACT: Cathy Chen, 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 April 1, 2024, based on a complaint filed on behalf of Nano Fire LLC and Defender Safety, LLC, both of Plainview, New York (collectively, ‘‘Complainants’’). 89 FR 22454 (Apr. 1, 2024). 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 aerosol fire extinguishing technology, components thereof, and products containing same by reason of the infringement of certain claims of U.S. Patent Nos. 8,865,014 and 9,199,108. Id. The complaint further alleged that an industry in the United States exists as required by the applicable Federal Statute. Id. The Commission’s notice of investigation named as respondents Halma Plc of the United Kingdom; Halma Holdings LLC of Summit, New Jersey; and FirePro Systems, Ltd. of Cyprus (collectively, ‘‘FirePro’’); and Hochicki America Corporation of Buena Park, California. Id. at 22455. The Office of Unfair Import Investigations was also named a party in this investigation but later withdrew its participation. See id.; Commission Investigative Staff’s Notice of NonParticipation (May 17, 2024). On July 15, 2024, Complainants filed a motion to terminate the investigation SUMMARY: PO 00000 Frm 00098 Fmt 4703 Sfmt 4703 73447 based on withdrawal of the complaint. No party opposed the motion although FirePro filed a response asserting that Complainants wasted administrative resources by not conducting an adequate pre-filing investigation. See ID at 1–2. On August 7, 2024, the ALJ issued the subject ID (Order No. 18) granting Complainants’ motion to terminate. The ID found that the motion complied with Commission Rule 210.21(a)(1), 19 CFR 210.21(a)(1), and Ground Rule 2. ID at 2. The ID also found ‘‘no evidence of extraordinary circumstances that would weigh against granting the Motion.’’ Id. No petitions for review were filed. The Commission has determined not to review the subject ID. The investigation is terminated in its entirety. The Commission vote for this determination took place on September 5, 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: September 5, 2024. Sharon Bellamy, Supervisory Hearings and Information Officer. [FR Doc. 2024–20415 Filed 9–9–24; 8:45 am] BILLING CODE 7020–02–P DEPARTMENT OF JUSTICE Notice of Lodging of Proposed Consent Decree Under the Comprehensive Environmental Response, Compensation, and Liability Act On September 4, 2024, the Department of Justice lodged a proposed Consent Decree with the United States District Court for the District of New Jersey in the lawsuit entitled United States, et al. v. NL Industries, Inc., et al., Civil Action No. 3:24–cv–8946 and NL Industries, Inc., et al. v. Old Bridge Township, et al., Civil Action No. 13– cv–3493 MAS (D. New Jersey). The proposed Consent Decree would resolve the affirmative claims of the United States in United States, et al. v. NL Industries, Inc., et al., Civil Action No. 3:24–cv–8946, on behalf of the United States Environmental Protection Agency (‘‘EPA’’), the United States Department of the Interior (‘‘DOI’’), and the National Oceanic and Atmospheric Administration (‘‘NOAA’’); and the E:\FR\FM\10SEN1.SGM 10SEN1

Agencies

[Federal Register Volume 89, Number 175 (Tuesday, September 10, 2024)]
[Notices]
[Pages 73446-73447]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-20417]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1416]


Certain Hydrodermabrasion Systems and Components Thereof; Notice 
of Institution of Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on August 6, 2024, under section 
337 of the Tariff Act of 1930, as amended, on behalf of HydraFacial LLC 
f/k/a Edge Systems LLC of Long Beach, California. A supplement was 
filed on August 16, 2024. 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 hydrodermabrasion systems and components 
thereof by reason of the infringement of certain claims of U.S. Patent 
No. 11,865,287 (``the '287 patent'') and U.S. Patent No. 9,550,052 
(``the '052 patent''). The complaint further alleges that an industry 
in the United States exists as required by the applicable Federal 
Statute. The complainant requests that the Commission institute an 
investigation and, after the investigation, issue a limited exclusion 
order and a cease and desist order.

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: Susan Orndoff, The Office of Docket 
Services, U.S. International Trade Commission, telephone (202) 205-2560 
or (202) 205-1802.

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 September 5, 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 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 1-12, 14-20, 22-26, 28-37, and 39-45 of the '287 patent and 
claims 1-8 and 11-16 of the '052 patent, 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 ``systems and 
subassemblies for skin treatment through mechanical and/or fluid-based 
abrasion or exfoliation'';
    (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: HydraFacial LLC f/k/a Edge Systems LLC, 
2165 E. Spring St., Long Beach, California 90806
    (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:

Sinclair Pharma U.S. Inc., 18 Technology Drive, Suite 134, Irvine, CA 
92618
Sinclair Pharma Limited, 1st Floor, Whitfield Court, 30-32 Whitfield 
Street, London W1T 2RQ, United Kingdom
Huadong Medicine Co., Ltd., No. 866 Moganshan Road, Hangzhou, Zhejiang, 
China 310011
EMA Aesthetics, Ltd., 2nd Floor, Palmerston House, Fenian Street, 
Dublin D02WD37, Ireland
Aesthetics Management Partners, 9109 Macon Road, Cordova, TN 38016
Advanced Aesthetics Services LLC, 401 SW 9th Street, Apartment #3, 
Miami, FL 33130
H.R. Meditech, 556-44 Gajwa-dong, Seo-gu, Incheon, Republic of Korea 
22827, and


[[Page 73447]]


    (4) For the investigation so instituted, the Chief Administrative 
Law Judge, U.S. International Trade Commission, shall designate the 
presiding Administrative Law Judge.
    The Office of Unfair Import Investigations will not participate as 
a party in this investigation.
    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 5, 2024.
Sharon Bellamy,
Supervisory Hearings and Information Officer.
[FR Doc. 2024-20417 Filed 9-9-24; 8:45 am]
BILLING CODE 7020-02-P
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