80 FR 41513 - Certain Lip Balm Products, Containers for Lip Balm and Components Thereof; Institution of Investigation
INTERNATIONAL TRADE COMMISSION Federal Register Volume 80, Issue 135 (July 15, 2015)
Federal Register Volume 80, Issue 135 (July 15, 2015)
| Page Range | 41513-41514 | |
| FR Document | 2015-17371 |
[Federal Register Volume 80, Number 135 (Wednesday, July 15, 2015)] [Notices] [Pages 41513-41514] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-17371] ======================================================================= ----------------------------------------------------------------------- INTERNATIONAL TRADE COMMISSION [Investigation No. 337-TA-961] Certain Lip Balm Products, Containers for Lip Balm and Components Thereof; Institution of Investigation 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 June 12, 2015, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of eos Products, LLC of New York, New York and The Kind Group LLC of New York, New York. A supplement to the complaint was filed on June 30, 2015. The complaint 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 lip balm products, containers for lip balm, and components thereof by reason of infringement of certain claims of U.S. Patent No. 8,888,391 (``the '391 patent''). The complaint further alleges that an industry in the United States exists or is in the process of being established as required by subsection (a)(2) of section 337. The complainants request that the Commission institute an investigation and, after the investigation, issue a limited exclusion order and cease and desist orders. ADDRESSES: The 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 complaint, the U.S. International Trade Commission, on July 9, 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 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 lip balm products, containers for lip balm, and components thereof by reason of infringement of one or more of claims 1-3, 5-7, 10-18, 20-22, and 25-30 of the '391 patent, and whether an industry in the United States exists or is in the process of being established as required by subsection (a)(2) of section 337; (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 complainants are: eos Products, LLC, 19 West 44th Street, Suite 811, New York, NY 10036 The Kind Group LLC, 19 West 44th Street, Suite 811, New York, NY 10036 (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: OraLabs, Inc., 18685 East Plaza Drive, Parker, CO 80134 CVS Health Corporation, 1 CVS Drive, Woonsocket, RI 02895-6146 CVS Pharmacy, Inc., 1 CVS Drive, Woonsocket, RI 02895-6195 Walgreens Boots Alliance, Inc., 108 Wilmot Road, Deerfield, IL 60015 Walgreen Co., 108 Wilmot Road, Deerfield, IL 60015 Dollar Tree, Inc., 500 Volvo Parkway, Chesapeake, VA 23320-1604 Dollar Tree Stores, Inc., 500 Volvo Parkway, Chesapeake, VA 23320 Five Below Inc., 1818 Market Street, Suite 1900, Philadelphia, PA 19103 Wuxi Sunmart Science and Technology Co., Ltd., a/k/a Wuxi Sunmart Group Co., Ltd., a/k/a Wuxi Shengma Science & Technology Co., Ltd., No. 268 Huandong Road, Huangtang Industrial Park, Wuxi, Jiangsu 214407 China Wuxi Sunmart Plastic Co., Ltd., No. 268 Huandong Road, Huangtang Industrial Park, Wuxi, Jiangsu 214407 China (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 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 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 [[Page 41514]] 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: July 10, 2015. Lisa R. Barton, Secretary to the Commission. [FR Doc. 2015-17371 Filed 7-14-15; 8:45 am] BILLING CODE 7020-02-P
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and other Native American entities; (4) ADDRESSES: The complaint, except for (b) The respondents are the following
Academia; (5) Landowners, businesses, any confidential information contained entities alleged to be in violation of
and organizations representing therein, is available for inspection section 337, and are the parties upon
landowners or businesses. during official business hours (8:45 a.m. which the complaint is to be served:
In addition, the Committee may to 5:15 p.m.) in the Office of the OraLabs, Inc., 18685 East Plaza Drive,
include scientific experts, and will Secretary, U.S. International Trade Parker, CO 80134
include rotating representation from one Commission, 500 E Street SW., Room CVS Health Corporation, 1 CVS Drive,
or more of the institutions that host the 112, Washington, DC 20436, telephone Woonsocket, RI 02895–6146
DOI Climate Science Centers. (202) 205–2000. Hearing impaired CVS Pharmacy, Inc., 1 CVS Drive,
The Committee will meet individuals are advised that information Woonsocket, RI 02895–6195
approximately 2–4 times annually, and on this matter can be obtained by Walgreens Boots Alliance, Inc., 108
at such times as designated by the DFO. contacting the Commission’s TDD Wilmot Road, Deerfield, IL 60015
The Secretary of the Interior will terminal on (202) 205–1810. Persons Walgreen Co., 108 Wilmot Road,
appoint members to the Committee. with mobility impairments who will Deerfield, IL 60015
Members appointed as special need special assistance in gaining access Dollar Tree, Inc., 500 Volvo Parkway,
Government employees are required to to the Commission should contact the Chesapeake, VA 23320–1604
file on an annual basis a confidential Office of the Secretary at (202) 205– Dollar Tree Stores, Inc., 500 Volvo
financial disclosure report. 2000. General information concerning Parkway, Chesapeake, VA 23320
No individual who is currently the Commission may also be obtained Five Below Inc., 1818 Market Street,
registered as a Federal lobbyist is by accessing its internet server at Suite 1900, Philadelphia, PA 19103
eligible to serve as a member of the http://www.usitc.gov. The public record Wuxi Sunmart Science and Technology
Committee. for this investigation may be viewed on Co., Ltd., a/k/a Wuxi Sunmart Group
Robin O’Malley, the Commission’s electronic docket Co., Ltd., a/k/a Wuxi Shengma
Designated Federal Officer, ACCCNRS. (EDIS) at http://edis.usitc.gov. Science & Technology Co., Ltd., No.
[FR Doc. 2015–17251 Filed 7–14–15; 8:45 am] FOR FURTHER INFORMATION CONTACT: The 268 Huandong Road, Huangtang
Office of Unfair Import Investigations, Industrial Park, Wuxi, Jiangsu 214407
BILLING CODE 4311–MP–P
U.S. International Trade Commission, China
telephone (202) 205–2560. Wuxi Sunmart Plastic Co., Ltd., No. 268
Huandong Road, Huangtang Industrial
INTERNATIONAL TRADE Authority: The authority for institution of
this investigation is contained in section 337 Park, Wuxi, Jiangsu 214407 China
COMMISSION
of the Tariff Act of 1930, as amended, and (c) The Office of Unfair Import
[Investigation No. 337–TA–961] in section 210.10 of the Commission’s Rules Investigations, U.S. International Trade
of Practice and Procedure, 19 CFR 210.10 Commission, 500 E Street SW., Suite
Certain Lip Balm Products, Containers (2015). 401, Washington, DC 20436; and
for Lip Balm and Components Thereof; (3) For the investigation so instituted,
Institution of Investigation Scope of Investigation: Having the Chief Administrative Law Judge,
considered the complaint, the U.S. U.S. International Trade Commission,
AGENCY: U.S. International Trade International Trade Commission, on
Commission. shall designate the presiding
July 9, 2015, ordered that— Administrative Law Judge.
ACTION: Notice. (1) Pursuant to subsection (b) of Responses to the complaint and the
SUMMARY: Notice is hereby given that a section 337 of the Tariff Act of 1930, as notice of investigation must be
complaint was filed with the U.S. amended, an investigation be instituted submitted by the named respondents in
International Trade Commission on June to determine whether there is a accordance with section 210.13 of the
12, 2015, under section 337 of the Tariff violation of subsection (a)(1)(B) of Commission’s Rules of Practice and
Act of 1930, as amended, 19 U.S.C. section 337 in the importation into the Procedure, 19 CFR 210.13. Pursuant to
1337, on behalf of eos Products, LLC of United States, the sale for importation, 19 CFR 201.16(e) and 210.13(a), such
New York, New York and The Kind or the sale within the United States after responses will be considered by the
Group LLC of New York, New York. A importation of certain lip balm Commission if received not later than 20
supplement to the complaint was filed products, containers for lip balm, and days after the date of service by the
on June 30, 2015. The complaint alleges components thereof by reason of Commission of the complaint and the
violations of section 337 based upon the infringement of one or more of claims notice of investigation. Extensions of
importation into the United States, the 1–3, 5–7, 10–18, 20–22, and 25–30 of time for submitting responses to the
sale for importation, and the sale within the ’391 patent, and whether an complaint and the notice of
the United States after importation of industry in the United States exists or investigation will not be granted unless
certain lip balm products, containers for is in the process of being established as good cause therefor is shown.
lip balm, and components thereof by required by subsection (a)(2) of section Failure of a respondent to file a timely
reason of infringement of certain claims 337; response to each allegation in the
of U.S. Patent No. 8,888,391 (‘‘the ’391 (2) For the purpose of the complaint and in this notice may be
patent’’). The complaint further alleges investigation so instituted, the following deemed to constitute a waiver of the
that an industry in the United States are hereby named as parties upon which right to appear and contest the
this notice of investigation shall be
mstockstill on DSK4VPTVN1PROD with NOTICES
exists or is in the process of being allegations of the complaint and this
established as required by subsection served: notice, and to authorize the
(a)(2) of section 337. (a) The complainants are: administrative law judge and the
The complainants request that the eos Products, LLC, 19 West 44th Street, Commission, without further notice to
Commission institute an investigation Suite 811, New York, NY 10036 the respondent, to find the facts to be as
and, after the investigation, issue a The Kind Group LLC, 19 West 44th alleged in the complaint and this notice
limited exclusion order and cease and Street, Suite 811, New York, NY and to enter an initial determination
desist orders. 10036 and a final determination containing
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![41514 Federal Register / Vol. 80, No. 135 / Wednesday, July 15, 2015 / Notices
such findings, and may result in the publication date of this notice. of Workers’ Compensation (OWCP) is
issuance of an exclusion order or a cease Comments may be submitted either by soliciting comments concerning the
and desist order or both directed against email or by mail: proposed collection: Waiver of Service
the respondent. by Registered or Certified Mail for
To submit Employers and/or Insurance Carriers
By order of the Commission. Send them to:
comments: (LS–801) and Waiver of Service by
Issued: July 10, 2015.
By email ....... pubcomment-ees.enrd@ Registered or Certified Mail for
Lisa R. Barton,
usdoj.gov. Claimants and Authorized
Secretary to the Commission. Representatives (LS–802). A copy of the
By mail ......... Assistant Attorney General,
[FR Doc. 2015–17371 Filed 7–14–15; 8:45 am] U.S. DOJ—ENRD, P.O. proposed information collection request
BILLING CODE 7020–02–P Box 7611, Washington, DC can be obtained by contacting the office
20044–7611. listed below in the address section of
this Notice.
DEPARTMENT OF JUSTICE During the public comment period, DATES: Written comments must be
the Consent Decree may be examined submitted to the office listed in the
Notice of Lodging of Proposed and downloaded at this Justice addresses section below on or before
Consent Decree Under the Clean Water Department Web site: http:// September 14, 2015.
Act www.justice.gov/enrd/consent-decrees.
ADDRESSES: Ms. Yoon Ferguson, U.S.
We will provide a paper copy of the
On July 8, 2015 the Department of Department of Labor, 200 Constitution
Consent Decree upon written request
Justice lodged a proposed Consent Ave. NW., Room S–3323, Washington,
and payment of reproduction costs.
Decree with the United States District DC 20210, telephone/fax (202) 354–
Please mail your request and payment
Court for the District of Wyoming in the 9647, Email ferguson.yoon@dol.gov.
to: Consent Decree Library, U.S. DOJ—
lawsuit entitled United States v. Please use only one method of
ENRD, P.O. Box 7611, Washington, DC
Cottonwood Creek, Inc., Civil Action transmission for comments (mail or
20044–7611.
No. 2:15-cv-00108–SWS. Please enclose a check or money order Email).
In this matter the United States file a for $4.75 (25 cents per page SUPPLEMENTARY INFORMATION:
Complaint which alleges violations of reproduction cost) payable to the United
sections 301(a) and 311(b)(3) of the I. Background
States Treasury. There are no exhibits
Clean Water Act (‘‘CWA’’), 33 U.S.C. attached to the Consent Decree. The Office of Workers’ Compensation
1311(a) and 1321(b)(3), arising in part Programs (OWCP) administers the
from a March 2010 discharge of Bob Brook, Longshore and Harbor Workers’
approximately 162 barrels of oil into an Assistant Section Chief, Environmental Compensation Act (LHWCA). The Act
unnamed tributary of the Nowood River Enforcement Section, Environment and provides benefits to workers’ injured in
from a leak in a pipeline at Cottonwood Natural Resources Division. maritime employment on the navigable
Creek, Inc.’s onshore pumping facility [FR Doc. 2015–17350 Filed 7–14–15; 8:45 am] waters of the United States or in an
located in Big Horn County, Wyoming. BILLING CODE 4410–15–P adjoining area customarily used by an
The Complaint further alleges that employer in loading, unloading,
Cottonwood Creek had an inadequate repairing, or building a vessel. In
Spill Prevention Control and DEPARTMENT OF LABOR addition, several acts extend the
Countermeasure Plan in violation of Longshore Act’s coverage to certain
CWA section 311(b)(7)(C), 33 U.S.C. Office of Workers’ Compensation other employees.
1321(b)(7)(C), and 40 CFR part 112, and Programs The Longshore and Harbor Workers’
also lacked a Facility Response Plan in Compensation Act (LHWCA), at 33
violation of CWA sections 311(j)(5)(A)(i) Division of Longshore and Harbor
U.S.C. 919(e), requires that any order
and (C)(iv), 33 U.S.C. 1321(j)(5)(A)(i) Workers’ Compensation Proposed
rejecting or making an LHWCA award
and (C)(iv), and 40 CFR part 112. The Extension of Existing Collection;
(the compensation order) be filed in the
proposed Consent Decree resolves all Comment Request
appropriate district director’s office of
matters alleged in the Complaint for a ACTION: Notice. the Office of Workers’ Compensation
civil penalty payment of $170,000. Programs (OWCP), and that copies be
Cottonwood Creek Inc. no longer owns SUMMARY: The Department of Labor, as sent by registered or certified mail to the
the facility. Because the cause of the part of its continuing effort to reduce claimant and the employer. The
discharge was promptly corrected and paperwork and respondent burden, implementing regulations at 20 CFR
the discharge was adequately conducts a preclearance consultation 702.349(b) allow parties and their
remediated, and since the program to provide the general public representatives to waive certified mail
Environmental Protection Agency and Federal agencies with an service and consent to electronic service
approved a FRP for the facility, no opportunity to comment on proposed instead. The compensation order
injunctive relief is required under the and/or continuing collections of notifies Employers/Carriers that
proposed settlement. information in accordance with the payment of LHWCA compensation is
The publication of this notice opens Paperwork Reduction Act of 1995 due within 10 days of filing. If
a period for public comment on the (PRA95) [44 U.S.C. 3506(c)(2)(A)] This compensation is not paid within that
mstockstill on DSK4VPTVN1PROD with NOTICES
Consent Decree. Comments should be program helps to ensure that requested time frame, an additional 20% in
addressed to the Assistant Attorney data can be provided in the desired compensation must be paid [see
General, Environment and Natural format, reporting burden (time and LHWCA § 914(f)].
Resources Division, and should refer to financial resources) is minimized, The information collected will be
United States v. Cottonwood Creek, Inc., collection instruments are clearly used by OWCP to more efficiently serve
D.J. Ref. No. 90–5–1–1–11197. All understood, and the impact of collection compensation orders by email instead of
comments must be submitted no later requirements on respondents can be by registered or certified mail. Form LS–
than thirty (30) days after the properly assessed. Currently, the Office 801 will be completed by the employer/
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Document Created: 2015-12-15 13:32:31
Document Modified: 2015-12-15 13:32:31
| 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 41513 |
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