80 FR 36576 - Certain Electric Skin Care Devices, Brushes and Chargers Therefor, and Kits Containing the Same: Notice of Institution of Investigation; Institution of Investigation Pursuant to 19 U.S.C. 1337

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 80, Issue 122 (June 25, 2015)

Page Range		36576-36577
FR Document		2015-15575

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on April 30, 2015, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Pacific Bioscience Laboratories, Inc. of Redmond, Washington. A supplement to the complaint was filed on May 18, 2015. An amended complaint was filed on May 20, 2015. A supplement to the amended complaint was filed on May 21, 2015. The 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 the United States after importation of certain electric skin care devices, brushes and chargers therefor, and kits containing same by reason of infringement of certain claims of U.S. Patent No. 7,320,691 (``the '691 patent''); U.S. Patent No. 7,386,906 (``the '906 patent''); and U.S. Design Patent No. D523,809 (``the '809 patent''), and that an industry in the United States exists as required by subsection (a)(2) of section 337. The amended complaint, as supplemented, further alleges violations of section 337 based upon the importation into the United States, or in the sale of certain electric skin care devices, brushes and chargers therefor, and kits containing the same, by reason of trade dress infringement, 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 and cease and desist orders.

Federal Register, Volume 80 Issue 122 (Thursday, June 25, 2015)

[Federal Register Volume 80, Number 122 (Thursday, June 25, 2015)]
[Notices]
[Pages 36576-36577]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-15575]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-959]


Certain Electric Skin Care Devices, Brushes and Chargers 
Therefor, and Kits Containing the Same: Notice of Institution of 
Investigation; Institution of Investigation Pursuant to 19 U.S.C. 1337

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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

SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on April 30, 2015, under section 
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
Pacific Bioscience Laboratories, Inc. of Redmond, Washington. A 
supplement to the complaint was filed on May 18, 2015. An amended 
complaint was filed on May 20, 2015. A supplement to the amended 
complaint was filed on May 21, 2015. The 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 the United States after importation of certain electric 
skin care devices, brushes and chargers therefor, and kits containing 
same by reason of infringement of certain claims of U.S. Patent No. 
7,320,691 (``the '691 patent''); U.S. Patent No. 7,386,906 (``the '906 
patent''); and U.S. Design Patent No. D523,809 (``the '809 patent''), 
and that an industry in the United States exists as required by 
subsection (a)(2) of section 337. The amended complaint, as 
supplemented, further alleges violations of section 337 based upon the 
importation into the United States, or in the sale of certain electric 
skin care devices, brushes and chargers therefor, and kits containing 
the same, by reason of trade dress infringement, 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 and cease and desist orders.

ADDRESSES: The amended complaint, except for any confidential 
information contained therein, is available for inspection during 
official business hours (8:45 a.m. to 5:15 p.m.) in the Office of the 
Secretary, U.S. International Trade Commission, 500 E Street SW., Room 
112, Washington, DC 20436, telephone (202) 205-2000. 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 http://www.usitc.gov. 
The public record for this investigation may be viewed on the 
Commission's electronic docket (EDIS) at http://edis.usitc.gov.

FOR FURTHER INFORMATION CONTACT: The Office of Unfair Import 
Investigations, U.S. International Trade Commission, telephone (202) 
205-2560.

AUTHORITY: The authority for institution of this investigation is 
contained in section 337 of the Tariff Act of 1930, as amended, and in 
section 210.10 of the Commission's Rules of Practice and Procedure, 19 
CFR 210.10 (2015).
    Scope of Investigation: Having considered the amended complaint, 
the U.S. International Trade Commission, on June 18, 2015, 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)(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 electric skin care devices, brushes and chargers therefor, and 
kits containing same by reason of infringement of one or more of claims 
1, 4-6, 12-16, 22, 31, 33, 39-42, 44-46, 49, 51, and 52 of the '691 
patent; claims 1, 2, 4, 5, and 7-15 of the '906; the claim of the '809 
patent, and whether an industry in the United States exists as required 
by subsection (a)(2) of section 337;
    (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 electric skin care devices, brushes and chargers therefor, and 
kits containing same by reason of trade dress infringement, the threat 
or effect of which is to destroy or substantially injure an industry in 
the United States;
    (2) 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: Pacific Bioscience Laboratories, Inc., 
17275 NE 67th Court, Redmond, WA 98052.
    (b) The respondents are the following entities alleged to be in 
violation of section 337, and are the parties upon which the amended 
complaint is to be served:
    Our Family Jewels, Inc., d/b/a Epip[uuml]r Skincare, 10226 S. 
Dransfeldt Road, Parker, CO 80134.
    Accord Media, LLC, d/b/a Truth in Aging, 241 West 36th Street, Apt. 
16, New York, NY 10018.
    Xnovi Electronic Co., Ltd., Room 915, GuanLiDa Mansion, QianJin 1st 
Road, Zone 30 Bao'An, Shenzhen, China.
    Michael Todd True Organics LP, 648 SW Port St. Lucie Blvd., Port 
St. Lucie, FL 34953-1947.
    MTTO LLC, 648 SW Port St. Lucie Blvd., Port St. Lucie, FL 34953-
1947.
    Shanghai Anzikang Electronic Co., Ltd., 168 Ji Xin Road, Building 
3, Room 401, Minhang District, Shanghai, China.
    Nutra-Luxe M.D., LLC, 6835 International Center Blvd. Unit 5, Fort 
Myers, FL 33912.
    Beauty Tech, Inc., 1430 S. Dixie Hwy., Ste. 321, Coral Gables, FL 
33146-3175.
    Anex Corporation, C-304 Seoul Hightech Venture Center, 647-26, 
Deungchon-dong, Gangseo-ku, Seoul, 157-030, Republic of Korea.
    RN Ventures Ltd., Francis House, 10 Francis Street, London SW1P 
1DE, United Kingdom.
    Korean Beauty Co., Ltd., 10 F, Pluszone Bldg 700, Deungchon-Dong, 
Gangseo-Gu, Seoul, Republic of Korea.
    H2Pro BeautyLife, Inc., 1043 Segovia Cir., Placentia, CA 92870-
7137.
    Serious Skin Care, Inc., 112 N. Curry St., Carson City, NV 89703-
4934.
    Home Skinovations Inc., 100 Leek Crescent Unit 15, Richmond Hill, 
ON L4B 3E6, Canada.
    Home Skinovations Ltd., Tavor Building, Shaar Yokneam, Yokneam, 
20692, Israel.
    Wenzhou Ai Er Electrical, Technology Co., Ltd d/b/a CNAIER, 1#, 
XiaSong Road, WanQuan Town, PingYang, ZheJiang, China.
    Coreana Comestics Co., Ltd., 204-1 Jeongchon-ri, Seonggeo-eup, 
Seobuk-gu, Cheonan-si,

[[Page 36577]]

Chungcheongnam-do, Republic of Korea.
    Flageoli Classic Limited, 7310 Smoke Ranch Road, Las Vegas, NV 
89128.
    Jewlzie, 353 W 48th Street, #433, New York, NY 10001.
    Unicos USA, Inc., 610 South Palm Street, #E, LaHabra, CA 90630.
    Skincarebyalana, 34179 Golden Lantern Street, #101, Dana Point, CA 
92629.
    (c) The Office of Unfair Import Investigations, U.S. International 
Trade Commission, 500 E Street SW., Suite 401, Washington, DC 20436; 
and
    (3) 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 amended 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), such responses will 
be considered by the Commission if received not later than 20 days 
after the date of service by the Commission of the amended complaint 
and the notice of investigation. Extensions of time for submitting 
responses to the amended 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 amended complaint and in this notice may be deemed to 
constitute a waiver of the right to appear and contest the allegations 
of the amended 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 amended 
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: June 19, 2015.
Lisa R. Barton,
Secretary to the Commission.

[FR Doc. 2015-15575 Filed 6-24-15; 8:45 am]
 BILLING CODE 7020-02-P

36576 Federal Register / Vol. 80, No. 122 / Thursday, June 25, 2015 / Notices

Sedgwick County ADDRESSES: The amended complaint, substantially injure an industry in the
McClinton Market, (African American except for any confidential information United States;
Resources in Wichita, Kansas MPS) 1205 E contained therein, is available for (2) For the purpose of the
12th., Wichita, 11000396 inspection during official business investigation so instituted, the following
[FR Doc. 2015–15591 Filed 6–24–15; 8:45 am] hours (8:45 a.m. to 5:15 p.m.) in the are hereby named as parties upon which
BILLING CODE 4312–51–P Office of the Secretary, U.S. this notice of investigation shall be
International Trade Commission, 500 E served:
Street SW., Room 112, Washington, DC (a) The complainant is: Pacific
20436, telephone (202) 205–2000. Bioscience Laboratories, Inc., 17275 NE
INTERNATIONAL TRADE Hearing impaired individuals are 67th Court, Redmond, WA 98052.
COMMISSION advised that information on this matter (b) The respondents are the following
can be obtained by contacting the entities alleged to be in violation of
[Investigation No. 337–TA–959] Commission’s TDD terminal on (202) section 337, and are the parties upon
205–1810. Persons with mobility which the amended complaint is to be
Certain Electric Skin Care Devices, impairments who will need special served:
Brushes and Chargers Therefor, and assistance in gaining access to the Our Family Jewels, Inc., d/b/a Epipür
Kits Containing the Same: Notice of Commission should contact the Office Skincare, 10226 S. Dransfeldt Road,
Institution of Investigation; Institution of the Secretary at (202) 205–2000. Parker, CO 80134.
of Investigation Pursuant to 19 U.S.C. General information concerning the Accord Media, LLC, d/b/a Truth in
1337 Commission may also be obtained by Aging, 241 West 36th Street, Apt.
accessing its internet server at http:// 16, New York, NY 10018.
AGENCY: U.S. International Trade
www.usitc.gov. The public record for Xnovi Electronic Co., Ltd., Room 915,
Commission.
this investigation may be viewed on the GuanLiDa Mansion, QianJin 1st
ACTION: Notice. Road, Zone 30 Bao’An, Shenzhen,
Commission’s electronic docket (EDIS)
SUMMARY: Notice is hereby given that a at http://edis.usitc.gov. China.
Michael Todd True Organics LP, 648
complaint was filed with the U.S. FOR FURTHER INFORMATION CONTACT: The
SW Port St. Lucie Blvd., Port St.
International Trade Commission on Office of Unfair Import Investigations, Lucie, FL 34953–1947.
April 30, 2015, under section 337 of the U.S. International Trade Commission, MTTO LLC, 648 SW Port St. Lucie
Tariff Act of 1930, as amended, 19 telephone (202) 205–2560. Blvd., Port St. Lucie, FL 34953–
U.S.C. 1337, on behalf of Pacific
AUTHORITY: The authority for institution 1947.
Bioscience Laboratories, Inc. of Shanghai Anzikang Electronic Co.,
of this investigation is contained in
Redmond, Washington. A supplement Ltd., 168 Ji Xin Road, Building 3,
section 337 of the Tariff Act of 1930, as
to the complaint was filed on May 18, Room 401, Minhang District,
amended, and in section 210.10 of the
2015. An amended complaint was filed Shanghai, China.
Commission’s Rules of Practice and
on May 20, 2015. A supplement to the Nutra-Luxe M.D., LLC, 6835
Procedure, 19 CFR 210.10 (2015).
amended complaint was filed on May International Center Blvd. Unit 5,
21, 2015. The amended complaint, as Scope of Investigation: Having
considered the amended complaint, the Fort Myers, FL 33912.
supplemented, alleges violations of Beauty Tech, Inc., 1430 S. Dixie Hwy.,
section 337 based upon the importation U.S. International Trade Commission,
on June 18, 2015, ordered that— Ste. 321, Coral Gables, FL 33146–
into the United States, the sale for 3175.
importation, and the sale within the (1) Pursuant to subsection (b) of
section 337 of the Tariff Act of 1930, as Anex Corporation, C–304 Seoul
United States after importation of Hightech Venture Center, 647–26,
certain electric skin care devices, amended, an investigation be instituted
to determine: Deungchon-dong, Gangseo-ku,
brushes and chargers therefor, and kits Seoul, 157–030, Republic of Korea.
containing same by reason of (a) Whether there is a violation of RN Ventures Ltd., Francis House, 10
infringement of certain claims of U.S. subsection (a)(1)(B) of section 337 in the Francis Street, London SW1P 1DE,
Patent No. 7,320,691 (‘‘the ’691 patent’’); importation into the United States, the United Kingdom.
U.S. Patent No. 7,386,906 (‘‘the ’906 sale for importation, or the sale within Korean Beauty Co., Ltd., 10 F,
patent’’); and U.S. Design Patent No. the United States after importation of Pluszone Bldg 700, Deungchon-
D523,809 (‘‘the ’809 patent’’), and that certain electric skin care devices, Dong, Gangseo-Gu, Seoul, Republic
an industry in the United States exists brushes and chargers therefor, and kits of Korea.
as required by subsection (a)(2) of containing same by reason of H2Pro BeautyLife, Inc., 1043 Segovia
section 337. The amended complaint, as infringement of one or more of claims 1, Cir., Placentia, CA 92870–7137.
supplemented, further alleges violations 4–6, 12–16, 22, 31, 33, 39–42, 44–46, 49, Serious Skin Care, Inc., 112 N. Curry
of section 337 based upon the 51, and 52 of the ’691 patent; claims 1, St., Carson City, NV 89703–4934.
importation into the United States, or in 2, 4, 5, and 7–15 of the ’906; the claim Home Skinovations Inc., 100 Leek
the sale of certain electric skin care of the ’809 patent, and whether an Crescent Unit 15, Richmond Hill,
devices, brushes and chargers therefor, industry in the United States exists as ON L4B 3E6, Canada.
and kits containing the same, by reason required by subsection (a)(2) of section Home Skinovations Ltd., Tavor
of trade dress infringement, the threat or 337; Building, Shaar Yokneam,
asabaliauskas on DSK5VPTVN1PROD with NOTICES

effect of which is to destroy or (b) whether there is a violation of Yokneam, 20692, Israel.
substantially injure an industry in the subsection (a)(1)(A) of section 337 in the Wenzhou Ai Er Electrical, Technology
United States. importation into the United States, or in Co., Ltd d/b/a CNAIER, 1#, XiaSong
The complainant requests that the the sale of certain electric skin care Road, WanQuan Town, PingYang,
Commission institute an investigation devices, brushes and chargers therefor, ZheJiang, China.
and, after the investigation, issue a and kits containing same by reason of Coreana Comestics Co., Ltd., 204–1
general exclusion order and cease and trade dress infringement, the threat or Jeongchon-ri, Seonggeo-eup,
desist orders. effect of which is to destroy or Seobuk-gu, Cheonan-si,

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Federal Register / Vol. 80, No. 122 / Thursday, June 25, 2015 / Notices 36577

Chungcheongnam-do, Republic of DEPARTMENT OF JUSTICE filed for the purpose of extending the
Korea. Act’s provisions limiting the recovery of
Antitrust Division antitrust plaintiffs to actual damages
Flageoli Classic Limited, 7310 Smoke
Ranch Road, Las Vegas, NV 89128. under specified circumstances.
Notice Pursuant to the National Specifically, AeroVironment, Inc.,
Jewlzie, 353 W 48th Street, #433, New Cooperative Research and Production Huntsville, AL; Alion Science and
York, NY 10001. Act of 1993—ASTM International Technology, Burr Ridge, IL; Alloy
Standards Technology Innovation (ATI, Inc.),
Unicos USA, Inc., 610 South Palm
Street, #E, LaHabra, CA 90630. Notice is hereby given that, on May Nicholasville, KY; Angel Armor, LLC,
Skincarebyalana, 34179 Golden 13, 2015, pursuant to section 6(a) of the Fort Collins, CO; Applied Poleramic,
National Cooperative Research and Inc., Benicia, CA; AT&T Government
Lantern Street, #101, Dana Point,
Production Act of 1993, 15 U.S.C. 4301 Solutions, Inc., Vienna, VA; ATA
CA 92629.
et seq. (‘‘the Act’’), ASTM International Engineering, Inc, San Diego, CA;
(c) The Office of Unfair Import (‘‘ASTM’’) has filed written notifications Cipher3LV, LLC, Stafford, VA;
Investigations, U.S. International Trade simultaneously with the Attorney CompGeom, Inc, Tallahassee, FL;
Commission, 500 E Street SW., Suite General and the Federal Trade Custom Cable Solutions, Inc., Salisbury,
401, Washington, DC 20436; and Commission disclosing additions or MD; Decision Sciences, Inc., Fort
(3) For the investigation so instituted, changes to its standards development Walton Beach, FL; Dev-Lock Systems,
the Chief Administrative Law Judge, activities. The notifications were filed Inc., Littleton, CO; Engineering Research
U.S. International Trade Commission, for the purpose of extending the Act’s and Consulting, Inc., Huntsville, AL;
shall designate the presiding provisions limiting the recovery of Fantastic Data, LLC, San Francisco, CA;
Administrative Law Judge. antitrust plaintiffs to actual damages Flex Force Enterprises, LLC, Portland,
under specified circumstances. OR; George W. Solhan, LLC, Tampa, FL;
Responses to the amended complaint Specifically, ASTM has provided an Grid Logic, Inc., Lapeer, MI; GuardBot,
and the notice of investigation must be updated list of current, ongoing ASTM Inc., Stamford, CT; Hardwire, LLC,
submitted by the named respondents in standards activities originating between Pocomoke City, MD; Kestrel
accordance with section 210.13 of the February 2015 and May 2015 designated Corporation, Alburquerque, NM; Kratos
Commission’s Rules of Practice and as Work Items. A complete listing of Lancaster, Lancaster, PA; L–3
Procedure, 19 CFR 210.13. Pursuant to ASTM Work Items, along with a brief Unmanned Systems, Inc., Ashburn, VA;
19 CFR 201.16(e) and 210.13(a), such description of each, is available at Liberty Consulting Solutions, Toms
responses will be considered by the http://www.astm.org. River, NJ; MAST Technology, Inc.,
Commission if received not later than 20 On September 15, 2004, ASTM filed Independence, MO; Materials Research
days after the date of service by the its original notification pursuant to and Design, Inc., Wayne, PA;
Commission of the amended complaint section 6(a) of the Act. The Department McCormick Stevenson Corporation,
and the notice of investigation. of Justice published a notice in the Clearwater, FL; McNally Industries,
Extensions of time for submitting Federal Register pursuant to section LLC, Grantsburg, WI; NPC Robotics
6(b) of the Act on November 10, 2004 Corp., Mound, MN; NTA, Inc,
responses to the amended complaint
(69 FR 65226). Huntsville, AL; Phase IV Engineering,
and the notice of investigation will not The last notification was filed with
be granted unless good cause therefor is Inc., Boulder, CO; Power Design
the Department on February 18, 2015. A Services, San Jose, CA; Pratt & Miller
shown. notice was published in the Federal Engineering & Fabrication, Inc., New
Failure of a respondent to file a timely Register pursuant to section 6(b) of the Hudson, MI; Proof Research Advanced
response to each allegation in the Act on April 2, 2015 (80 FR 17784). Composites Division, Moraine, OH;
amended complaint and in this notice Patricia A. Brink, PROOF Research, Inc., Columbia Falls,
may be deemed to constitute a waiver of Director of Civil Enforcement, Antitrust MT; Propagation Research Associates,
the right to appear and contest the Division. Inc., Marietta, GA; Protection
allegations of the amended complaint [FR Doc. 2015–15565 Filed 6–24–15; 8:45 am] Engineering Consultants, LLC, San
and this notice, and to authorize the BILLING CODE 4410–11–P
Antonio, TX; Rocky Research, Boulder,
administrative law judge and the CO; Saint-Gobain Ceramics & Plastics,
Commission, without further notice to Inc., Milford, NH; Steel Founders’
the respondent, to find the facts to be as DEPARTMENT OF JUSTICE Society of America, Crystal Lake, IL;
alleged in the amended complaint and Stryke Industries, Inc., Warsaw, IN;
this notice and to enter an initial Antitrust Division Syntek Technologies, Inc, Alexandria,
determination and a final determination VA; T.Quinn & Associates, LLC, Warren,
Notice Pursuant to the National MI; TenCate Advanced Armor Design,
containing such findings, and may Cooperative Research and Production
result in the issuance of an exclusion Inc., Goleta, CA; Tethers Unlimited,
Act of 1993—National Armaments Inc., Bothell, WA; Texas Tech
order or a cease and desist order or both Consortium
directed against the respondent. University, Lubbock, TX; Toyon
Notice is hereby given that, on May Research Corporation, Goleta, CA;
By order of the Commission. TrackingPoint, Inc., Pflugerville, TX;
28, 2015, pursuant to section 6(a) of the
asabaliauskas on DSK5VPTVN1PROD with NOTICES

Issued: June 19, 2015. National Cooperative Research and Triumph Structures—Los Angeles, Inc.
Lisa R. Barton, Production Act of 1993, 15 U.S.C. 4301 (TSLA), City of Industry, CA; University
Secretary to the Commission. et seq. (‘‘the Act’’), National Armaments of Louisiana at Lafayette, Lafayette, LA;
Consortium (‘‘NAC’’) has filed written and Valley Tech Systems, Inc., Reno,
[FR Doc. 2015–15575 Filed 6–24–15; 8:45 am]
notifications simultaneously with the NV have been added as parties to this
BILLING CODE 7020–02–P
Attorney General and the Federal Trade venture.
Commission disclosing changes in its Also, Airtronic USA, Inc., Elk Grove
membership. The notifications were Village, IL; Cyalume Technologies, Inc.,

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Document Created: 2015-12-15 14:16:44
Document Modified: 2015-12-15 14:16:44

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice.
Contact		The Office of Unfair Import Investigations, U.S. International Trade Commission, telephone (202) 205-2560.
FR Citation		80 FR 36576