Certain Eye Cosmetics and Packaging Therefor; Notice of Commission Request for Written Submissions on Remedy, the Public Interest, and Bonding, 10640-10641 [2025-03059]

Download as PDF 10640 Federal Register / Vol. 90, No. 36 / Tuesday, February 25, 2025 / Notices INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–1407] Certain Eye Cosmetics and Packaging Therefor; Notice of Commission Request for Written Submissions on Remedy, the Public Interest, and Bonding U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that the U.S. International Trade Commission (‘‘Commission’’) requests submissions from the parties, interested government agencies, and other interested persons on the issues of remedy, the public interest, and bonding, under the schedule set forth below. SUMMARY: B. Rashmi Borah, Esq., Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone (202) 205–2518. Copies of non-confidential documents filed in connection with the 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: On July 16, 2024, the Commission instituted the present investigation based on a complaint, as supplemented, filed by Amarte USA Holdings, Inc. of Redding, California (‘‘Complainant’’), alleging violations of section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, due to the importation into the United States, sale for importation, or sale in the United States after importation of certain eye cosmetics and packaging thereof that allegedly infringe U.S. Trademark Registration No. 4,328,655, as well as unfair competition and false advertising, the threat or effect of which is to destroy or substantially injure an industry in the United States. 89 FR 57942–43 (July 16, 2024). The complaint alleges that a domestic industry exists. The notice of investigation names the following respondents: Kaibeauty of Taipei City, Taiwan (‘‘Kaibeauty’’); I’ll Global Co., Ltd. of Seoul, South Korea (‘‘I’ll lotter on DSK11XQN23PROD with NOTICES1 FOR FURTHER INFORMATION CONTACT: VerDate Sep<11>2014 17:40 Feb 24, 2025 Jkt 265001 Global’’); Hikari Laboratories, Ltd. of Bnei Atarot, Israel (‘‘Hikari’’); Kelz Beauty of Budapest, Hungary (‘‘Kelz Beauty’’); Bourne & Morgan Ltd. of London, United Kingdom (‘‘Bourne & Morgan’’); Iman Cosmetics of London, United Kingdom (‘‘Iman Cosmetics’’); MZ Skin Ltd. of Hertfordshire, United Kingdom (‘‘MZ Skin’’); Strip Lashed of South Yorkshire, United Kingdom (‘‘Strip Lashed’’); and Unilever PLC of Merseyside, United Kingdom, Unilever United States, Inc. of Englewood Cliffs, New Jersey, and Carver Korea Co., Ltd. of Seoul, South Korea (collectively, ‘‘Unilever’’). The Office of Unfair Import Investigations (‘‘OUII’’) is also named as a party to the investigation. On October 7, 2024, the Commission partially terminated the investigation with respect to Unilever based on a settlement agreement. Order No. 9 (Sept. 6, 2024), unreviewed by Comm’n Notice (Oct. 7, 2024). On October 8, 2024, the Commission partially terminated the investigation with respect to Strip Lashed based on a consent order and consent order stipulation. Order No. 10 (Sept. 10. 2024), unreviewed by Comm’n Notice (Oct. 8, 2024). On November 1, 2024, the Commission partially terminated the investigation with respect to MZ Skin based on a settlement agreement. Order No. 14 (Oct. 15, 2024), unreviewed by Comm’n Notice (Nov. 1, 2024). On November 22, 2024, the Commission partially terminated the investigation with respect to Iman Cosmetics based on withdrawal of the complaint. Order No. 15 (Nov. 1, 2024), unreviewed by Comm’n Notice (Nov. 22, 2024). On January 14, 2025, the Commission partially terminated the investigation with respect to Bourne & Morgan based on a consent order and consent order stipulation, as corrected. Order No. 17 (Dec. 23, 2024), unreviewed by Comm’n Notice (Jan. 14, 2025). On January 26, 2025, Complainant filed a declaration under Commission Rule 210.16 (19 CFR 210.16) requesting the immediate entry of limited exclusion orders against Kaibeauty, I’ll Global, Hikari, and Kelz Beauty (collectively, ‘‘the Defaulting Respondents’’). EDIS Doc. ID. 841793 (Jan. 26, 2025). Complainant indicated pursuant to 19 CFR 210.17(c)(2) that it is not seeking a general exclusion order. Id. No response to Complainant’s declaration was received. On January 31, 2025, the Commission found the Defaulting Respondents in default pursuant to Commission Rule 210.16. Order No. 19 (Jan. 7, 2025), unreviewed by Comm’n Notice (Jan. 31, 2025). PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 In connection with the final disposition of the investigation, the statute authorizes issuance of, inter alia, (1) an exclusion order that could result in the exclusion of the subject articles from entry into the United States; and/ or (2) cease and desist orders that could result in the respondents being required to cease and desist from engaging in unfair acts in the importation and sale of such articles. Accordingly, the Commission is interested in receiving written submissions that address the form of remedy, if any, that should be ordered. If a party seeks exclusion of an article from entry into the United States for purposes other than entry for consumption, the party should so indicate and provide information establishing that activities involving other types of entry either are adversely affecting it or likely to do so. For background, see Certain Devices for Connecting Computers via Telephone Lines, Inv. No. 337–TA–360, USITC Pub. No. 2843, Comm’n Op. at 7–10 (Dec. 1994). The statute requires the Commission to consider the effects of that remedy upon the public interest. The public interest factors the Commission will consider include the effect that an exclusion order would have on: (1) the public health and welfare, (2) competitive conditions in the U.S. economy, (3) U.S. production of articles that are like or directly competitive with those that are subject to investigation, and (4) U.S. consumers. The Commission is therefore interested in receiving written submissions that address the aforementioned public interest factors in the context of the investigation. If the Commission orders some form of remedy, the U.S. Trade Representative, as delegated by the President, has 60 days to approve, disapprove, or take no action on the Commission’s determination. See Presidential Memorandum of July 21, 2005, 70 FR 43251 (July 26, 2005). During this period, the subject articles would be entitled to enter the United States under bond, in an amount determined by the Commission and prescribed by the Secretary of the Treasury. The Commission is therefore interested in receiving submissions concerning the amount of the bond that should be imposed if a remedy is ordered. Written Submissions: Parties to the investigation, interested government agencies, and any other interested parties are encouraged to file written submissions on the issues of remedy, the public interest, and bonding. E:\FR\FM\25FEN1.SGM 25FEN1 lotter on DSK11XQN23PROD with NOTICES1 Federal Register / Vol. 90, No. 36 / Tuesday, February 25, 2025 / Notices In its initial submission, Complainant is also requested to identify the remedy sought, and Complainant and OUII are requested to submit proposed remedial orders for the Commission’s consideration. Complainant is further requested to state the length of time the remedial order will be in place, to provide the HTSUS subheadings under which the accused products are imported, and to supply the identification information for all known importers of the products at issue in the investigation. Complainant is further requested to identify and explain, from the record, articles that it contends are ‘‘packaging therefor’’ the subject products, and thus potentially covered by the proposed remedial orders, if imported separately from the subject products. See 89 FR 57942–43. Failure to provide this information may result in waiver of any remedy directed to ‘‘packaging therefor’’ the subject products, in the event any violation may be found. The initial written submissions and proposed remedial orders must be filed no later than close of business on March 6, 2025. Reply submissions must be filed no later than the close of business on March 13, 2025. No further submissions on these issues will be permitted unless otherwise ordered by the Commission. Persons filing written submissions must file the original document electronically on or before the deadlines stated above pursuant to 19 CFR 210.4(f). Submissions should refer to the investigation number (‘‘Inv. No. 337– TA–1407’’) in a prominent place on the cover page and/or the first page. (See Handbook for Electronic Filing Procedures, https://www.usitc.gov/ documents/handbook_on_filing_ procedures.pdf). Persons with questions regarding filing should contact the Secretary, (202) 205–2000. Any person desiring to submit a document to the Commission in 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 with the VerDate Sep<11>2014 17:40 Feb 24, 2025 Jkt 265001 Commission and served on any parties to the investigation within two business days of any confidential filing. All information, including confidential business information and documents for which confidential treatment is properly sought, submitted to the Commission for purposes of the 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. The Commission vote for this determination took place on February 20, 2025. 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: February 20, 2025. Lisa Barton, Secretary to the Commission. [FR Doc. 2025–03059 Filed 2–24–25; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION Notice of Receipt of Complaint; Solicitation of Comments Relating to the Public Interest U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that the U.S. International Trade Commission has received a complaint entitled Certain Nasal Devices and Components Thereof, DN 3810; the Commission is soliciting comments on any public interest issues raised by the complaint or complainant’s filing pursuant to the Commission’s Rules of Practice and Procedure. FOR FURTHER INFORMATION CONTACT: Lisa R. Barton, Secretary to the Commission, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone (202) 205–2000. The SUMMARY: PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 10641 public version of the complaint can be accessed on the Commission’s Electronic Document Information System (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 United States International Trade Commission (USITC) at https://www.usitc.gov. The public record for this investigation may be viewed on the Commission’s Electronic Document Information System (EDIS) at https://edis.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 has received a complaint and a submission pursuant to § 210.8(b) of the Commission’s Rules of Practice and Procedure filed on behalf of Aardvark Medical Inc. on February 18, 2025. The complaint alleges violations of section 337 of the Tariff Act of 1930 (19 U.S.C. 1337) in the importation into the United States, the sale for importation, and the sale within the United States after importation of certain nasal devices and components thereof. The complaint names as respondents: Xiamenximier Electronic Commerce Co., Ltd (d/b/a Cenny) of China; Xia Men Deng Jia E-Commerce Co., Ltd. (d/b/a Ronfnea) of China; Chongqing Moffy Innovation Technology Co., Ltd. of China; Guangdong XINRUNTAO Technology Co., Ltd. of China; Shenzhen Jun&Liang Media Tech Limited of China; RhinoSystems, Inc. of Brooklyn, OH; and Spa Sciences LP of Port St. Lucie, FL. The complainant requests that the Commission issue a limited exclusion order, cease and desist orders, and impose a bond upon respondents’ alleged infringing articles during the 60day Presidential review period pursuant to 19 U.S.C. 1337(j). Proposed respondents, other interested parties, members of the public, and interested government agencies are invited to file comments on any public interest issues raised by the complaint or § 210.8(b) filing. Comments should address whether issuance of the relief specifically requested by the complainant in this investigation would affect the public health and welfare in the United States, competitive conditions in the United States economy, the production of like or directly competitive articles in the United States, or United States consumers. E:\FR\FM\25FEN1.SGM 25FEN1

Agencies

[Federal Register Volume 90, Number 36 (Tuesday, February 25, 2025)]
[Notices]
[Pages 10640-10641]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-03059]



[[Page 10640]]

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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1407]


Certain Eye Cosmetics and Packaging Therefor; Notice of 
Commission Request for Written Submissions on Remedy, the Public 
Interest, and Bonding

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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

SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission (``Commission'') requests submissions from the parties, 
interested government agencies, and other interested persons on the 
issues of remedy, the public interest, and bonding, under the schedule 
set forth below.

FOR FURTHER INFORMATION CONTACT: B. Rashmi Borah, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone (202) 205-2518. Copies of non-
confidential documents filed in connection with the 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: On July 16, 2024, the Commission instituted 
the present investigation based on a complaint, as supplemented, filed 
by Amarte USA Holdings, Inc. of Redding, California (``Complainant''), 
alleging violations of section 337 of the Tariff Act of 1930, as 
amended, 19 U.S.C. 1337, due to the importation into the United States, 
sale for importation, or sale in the United States after importation of 
certain eye cosmetics and packaging thereof that allegedly infringe 
U.S. Trademark Registration No. 4,328,655, as well as unfair 
competition and false advertising, the threat or effect of which is to 
destroy or substantially injure an industry in the United States. 89 FR 
57942-43 (July 16, 2024). The complaint alleges that a domestic 
industry exists. The notice of investigation names the following 
respondents: Kaibeauty of Taipei City, Taiwan (``Kaibeauty''); I'll 
Global Co., Ltd. of Seoul, South Korea (``I'll Global''); Hikari 
Laboratories, Ltd. of Bnei Atarot, Israel (``Hikari''); Kelz Beauty of 
Budapest, Hungary (``Kelz Beauty''); Bourne & Morgan Ltd. of London, 
United Kingdom (``Bourne & Morgan''); Iman Cosmetics of London, United 
Kingdom (``Iman Cosmetics''); MZ Skin Ltd. of Hertfordshire, United 
Kingdom (``MZ Skin''); Strip Lashed of South Yorkshire, United Kingdom 
(``Strip Lashed''); and Unilever PLC of Merseyside, United Kingdom, 
Unilever United States, Inc. of Englewood Cliffs, New Jersey, and 
Carver Korea Co., Ltd. of Seoul, South Korea (collectively, 
``Unilever''). The Office of Unfair Import Investigations (``OUII'') is 
also named as a party to the investigation.
    On October 7, 2024, the Commission partially terminated the 
investigation with respect to Unilever based on a settlement agreement. 
Order No. 9 (Sept. 6, 2024), unreviewed by Comm'n Notice (Oct. 7, 
2024). On October 8, 2024, the Commission partially terminated the 
investigation with respect to Strip Lashed based on a consent order and 
consent order stipulation. Order No. 10 (Sept. 10. 2024), unreviewed by 
Comm'n Notice (Oct. 8, 2024). On November 1, 2024, the Commission 
partially terminated the investigation with respect to MZ Skin based on 
a settlement agreement. Order No. 14 (Oct. 15, 2024), unreviewed by 
Comm'n Notice (Nov. 1, 2024). On November 22, 2024, the Commission 
partially terminated the investigation with respect to Iman Cosmetics 
based on withdrawal of the complaint. Order No. 15 (Nov. 1, 2024), 
unreviewed by Comm'n Notice (Nov. 22, 2024). On January 14, 2025, the 
Commission partially terminated the investigation with respect to 
Bourne & Morgan based on a consent order and consent order stipulation, 
as corrected. Order No. 17 (Dec. 23, 2024), unreviewed by Comm'n Notice 
(Jan. 14, 2025).
    On January 26, 2025, Complainant filed a declaration under 
Commission Rule 210.16 (19 CFR 210.16) requesting the immediate entry 
of limited exclusion orders against Kaibeauty, I'll Global, Hikari, and 
Kelz Beauty (collectively, ``the Defaulting Respondents''). EDIS Doc. 
ID. 841793 (Jan. 26, 2025). Complainant indicated pursuant to 19 CFR 
210.17(c)(2) that it is not seeking a general exclusion order. Id. No 
response to Complainant's declaration was received.
    On January 31, 2025, the Commission found the Defaulting 
Respondents in default pursuant to Commission Rule 210.16. Order No. 19 
(Jan. 7, 2025), unreviewed by Comm'n Notice (Jan. 31, 2025).
    In connection with the final disposition of the investigation, the 
statute authorizes issuance of, inter alia, (1) an exclusion order that 
could result in the exclusion of the subject articles from entry into 
the United States; and/or (2) cease and desist orders that could result 
in the respondents being required to cease and desist from engaging in 
unfair acts in the importation and sale of such articles. Accordingly, 
the Commission is interested in receiving written submissions that 
address the form of remedy, if any, that should be ordered. If a party 
seeks exclusion of an article from entry into the United States for 
purposes other than entry for consumption, the party should so indicate 
and provide information establishing that activities involving other 
types of entry either are adversely affecting it or likely to do so. 
For background, see Certain Devices for Connecting Computers via 
Telephone Lines, Inv. No. 337-TA-360, USITC Pub. No. 2843, Comm'n Op. 
at 7-10 (Dec. 1994).
    The statute requires the Commission to consider the effects of that 
remedy upon the public interest. The public interest factors the 
Commission will consider include the effect that an exclusion order 
would have on: (1) the public health and welfare, (2) competitive 
conditions in the U.S. economy, (3) U.S. production of articles that 
are like or directly competitive with those that are subject to 
investigation, and (4) U.S. consumers. The Commission is therefore 
interested in receiving written submissions that address the 
aforementioned public interest factors in the context of the 
investigation.
    If the Commission orders some form of remedy, the U.S. Trade 
Representative, as delegated by the President, has 60 days to approve, 
disapprove, or take no action on the Commission's determination. See 
Presidential Memorandum of July 21, 2005, 70 FR 43251 (July 26, 2005). 
During this period, the subject articles would be entitled to enter the 
United States under bond, in an amount determined by the Commission and 
prescribed by the Secretary of the Treasury. The Commission is 
therefore interested in receiving submissions concerning the amount of 
the bond that should be imposed if a remedy is ordered.
    Written Submissions: Parties to the investigation, interested 
government agencies, and any other interested parties are encouraged to 
file written submissions on the issues of remedy, the public interest, 
and bonding.

[[Page 10641]]

    In its initial submission, Complainant is also requested to 
identify the remedy sought, and Complainant and OUII are requested to 
submit proposed remedial orders for the Commission's consideration. 
Complainant is further requested to state the length of time the 
remedial order will be in place, to provide the HTSUS subheadings under 
which the accused products are imported, and to supply the 
identification information for all known importers of the products at 
issue in the investigation. Complainant is further requested to 
identify and explain, from the record, articles that it contends are 
``packaging therefor'' the subject products, and thus potentially 
covered by the proposed remedial orders, if imported separately from 
the subject products. See 89 FR 57942-43. Failure to provide this 
information may result in waiver of any remedy directed to ``packaging 
therefor'' the subject products, in the event any violation may be 
found. The initial written submissions and proposed remedial orders 
must be filed no later than close of business on March 6, 2025. Reply 
submissions must be filed no later than the close of business on March 
13, 2025. No further submissions on these issues will be permitted 
unless otherwise ordered by the Commission.
    Persons filing written submissions must file the original document 
electronically on or before the deadlines stated above pursuant to 19 
CFR 210.4(f). Submissions should refer to the investigation number 
(``Inv. No. 337-TA-1407'') in a prominent place on the cover page and/
or the first page. (See Handbook for Electronic Filing Procedures, 
https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf). 
Persons with questions regarding filing should contact the Secretary, 
(202) 205-2000.
    Any person desiring to submit a document to the Commission in 
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 with the 
Commission and served on any parties to the investigation within two 
business days of any confidential filing. All information, including 
confidential business information and documents for which confidential 
treatment is properly sought, submitted to the Commission for purposes 
of the 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.
    The Commission vote for this determination took place on February 
20, 2025.
    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: February 20, 2025.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2025-03059 Filed 2-24-25; 8:45 am]
BILLING CODE 7020-02-P
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