80 FR 67420 - Certain Electric Skin Care Devices, Brushes and Chargers Therefore, and Kits Containing the Same: Notice of a Commission Determination Not To Review an Initial Determination Granting-in-Part Complainant's Motion for Leave To Amend the Amended Complaint and Notice of Investigation
INTERNATIONAL TRADE COMMISSION Federal Register Volume 80, Issue 211 (November 2, 2015)
Federal Register Volume 80, Issue 211 (November 2, 2015)
| Page Range | 67420-67421 | |
| FR Document | 2015-27815 |
[Federal Register Volume 80, Number 211 (Monday, November 2, 2015)] [Notices] [Pages 67420-67421] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-27815] ----------------------------------------------------------------------- INTERNATIONAL TRADE COMMISSION [Investigation No. 337-TA-959] Certain Electric Skin Care Devices, Brushes and Chargers Therefore, and Kits Containing the Same: Notice of a Commission Determination Not To Review an Initial Determination Granting-in-Part Complainant's Motion for Leave To Amend the Amended Complaint and Notice of Investigation AGENCY: U.S. International Trade Commission. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: Notice is hereby given that the U.S. International Trade Commission has determined not to review an initial determination (``ID'') (Order No. 22) of the presiding administrative law judge (``ALJ'') granting-in-part complainant's motion for leave to amend the amended complaint and notice of investigation. FOR FURTHER INFORMATION CONTACT: Michael Liberman, Esq., Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, telephone (202) 205-3115. Copies of non- confidential documents filed in connection with this investigation are or will be 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., Washington, DC 20436, telephone (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. 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 under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337 (``Section 337''), on June 25, 2015, based on a complaint filed by Pacific Bioscience Laboratories, Inc. of Redmond, Washington (``PBL'') on April 30, 2015. An amended complaint was filed on May 20, 2015. 80 FR 36576-77 (Jun. 25, 2015). The amended complaint, as supplemented, alleges a violation of Section 337 by reason of infringement of certain claims of U.S. Patent Nos. 7,320,691 (``the '691 patent'') and 7,386,906, and U.S. Design Patent No. D523,809 by numerous respondents. The amended complaint 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. Id. The Commission's Office of Unfair Import Investigations (``OUII'') was also named as a party. On September 11, 2015, complainant PBL filed a motion pursuant to 19 CFR 210.14(b) seeking leave to amend its amended complaint and the Commission's notice of investigation to (1) change the name of respondent ``Michael Todd True Organics LP'' to ``Michael Todd LP'' in order to reflect the new name of that entity; (2) assert violation as to an additional accused product of respondents Michael Todd LP and MTTO LLC (collectively, ``MT''); and (3) assert infringement of additional claims of the '691 patent by MT's accused products. On September 23, 2015, the Commission investigative attorney filed a response supporting the motion in part and opposing the motion in part. On September 28, 2015, PBL filed a reply brief. On October 2, 2015, the ALJ issued Order No. 22, granting-in-part and denying-in-part complainant's motion. The ALJ granted PBL's motion with [[Page 67421]] respect to changing the name of respondent ``Michael Todd True Organics LP'' to ``Michael Todd LP'' and accusing an additional MT product of infringement. Order No. 22 at 6. The ALJ denied the motion with respect to PBL's assertion of additional infringement claims against MT under the '691 patent. Pursuant to Commission Rule 210.14(b), the name change of respondent ``Michael Todd True Organics LP'' to ``Michael Todd LP'' is an ID. No party petitioned for review of the subject ID, and the Commission has determined not to review it. 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: October 27, 2015. William R. Bishop, Supervisory Hearings and Information Officer. [FR Doc. 2015-27815 Filed 10-30-15; 8:45 am] BILLING CODE 7020-02-P
![67420 Federal Register / Vol. 80, No. 211 / Monday, November 2, 2015 / Notices
Merchandise imported from the Subject markets or changes in market demand International Trade Commission, 500 E
Country; and abroad). Demand conditions to consider Street SW., Washington, DC 20436,
(c) the quantity and value (f.o.b. U.S. include end uses and applications; the telephone (202) 205–2000. General
port, including antidumping and/or existence and availability of substitute information concerning the Commission
countervailing duties) of U.S. internal products; and the level of competition may also be obtained by accessing its
consumption/company transfers of among the Domestic Like Product Internet server at http://www.usitc.gov.
Subject Merchandise imported from the produced in the United States, Subject The public record for this investigation
Subject Country. Merchandise produced in the Subject may be viewed on the Commission’s
(11) If you are a producer, an exporter, Country, and such merchandise from electronic docket (EDIS) at http://
or a trade/business association of other countries. edis.usitc.gov. Hearing-impaired
producers or exporters of the Subject (13) (OPTIONAL) A statement of persons are advised that information on
Merchandise in the Subject Country, whether you agree with the above this matter can be obtained by
provide the following information on definitions of the Domestic Like Product contacting the Commission’s TDD
your firm’s(s’) operations on that and Domestic Industry; if you disagree terminal on (202) 205–1810.
product during calendar year 2014 with either or both of these definitions, SUPPLEMENTARY INFORMATION: The
(report quantity data in terms of both please explain why and provide Commission instituted this investigation
pieces and pounds and value data in alternative definitions. under section 337 of the Tariff Act of
U.S. dollars, landed and duty-paid at
Authority: This proceeding is being 1930, as amended, 19 U.S.C. 1337
the U.S. port but not including
conducted under authority of Title VII of the (‘‘Section 337’’), on June 25, 2015, based
antidumping or countervailing duties). Tariff Act of 1930; this notice is published on a complaint filed by Pacific
If you are a trade/business association, pursuant to section 207.61 of the Bioscience Laboratories, Inc. of
provide the information, on an aggregate Commission’s rules.
basis, for the firms which are members Redmond, Washington (‘‘PBL’’) on April
of your association.
By order of the Commission. 30, 2015. An amended complaint was
(a) Production (quantity) and, if Issued: October 26, 2015. filed on May 20, 2015. 80 FR 36576–77
known, an estimate of the percentage of William R. Bishop, (Jun. 25, 2015). The amended
total production of Subject Merchandise Supervisory Hearings and Information complaint, as supplemented, alleges a
in the Subject Country accounted for by Officer. violation of Section 337 by reason of
your firm’s(s’) production; [FR Doc. 2015–27661 Filed 10–30–15; 8:45 am] infringement of certain claims of U.S.
(b) Capacity (quantity) of your firm(s) BILLING CODE 7020–02–P
Patent Nos. 7,320,691 (‘‘the ’691
to produce the Subject Merchandise in patent’’) and 7,386,906, and U.S. Design
the Subject Country (i.e., the level of Patent No. D523,809 by numerous
production that your establishment(s) INTERNATIONAL TRADE respondents. The amended complaint
could reasonably have expected to COMMISSION further alleges violations of Section 337
attain during the year, assuming normal based upon the importation into the
[Investigation No. 337–TA–959] United States, or in the sale of certain
operating conditions (using equipment
and machinery in place and ready to Certain Electric Skin Care Devices, electric skin care devices, brushes and
operate), normal operating levels (hours Brushes and Chargers Therefore, and chargers therefor, and kits containing
per week/weeks per year), time for Kits Containing the Same: Notice of a the same, by reason of trade dress
downtime, maintenance, repair, and Commission Determination Not To infringement, the threat or effect of
cleanup, and a typical or representative Review an Initial Determination which is to destroy or substantially
product mix); and Granting-in-Part Complainant’s Motion injure an industry in the United States.
(c) the quantity and value of your for Leave To Amend the Amended Id. The Commission’s Office of Unfair
firm’s(s’) exports to the United States of Complaint and Notice of Investigation Import Investigations (‘‘OUII’’) was also
Subject Merchandise and, if known, an named as a party.
estimate of the percentage of total AGENCY: U.S. International Trade On September 11, 2015, complainant
exports to the United States of Subject Commission. PBL filed a motion pursuant to 19 CFR
Merchandise from the Subject Country ACTION: Notice. 210.14(b) seeking leave to amend its
accounted for by your firm’s(s’) exports. amended complaint and the
(12) Identify significant changes, if SUMMARY: Notice is hereby given that Commission’s notice of investigation to
any, in the supply and demand the U.S. International Trade (1) change the name of respondent
conditions or business cycle for the Commission has determined not to ‘‘Michael Todd True Organics LP’’ to
Domestic Like Product that have review an initial determination (‘‘ID’’) ‘‘Michael Todd LP’’ in order to reflect
occurred in the United States or in the (Order No. 22) of the presiding the new name of that entity; (2) assert
market for the Subject Merchandise in administrative law judge (‘‘ALJ’’) violation as to an additional accused
the Subject Country after 2009, and granting-in-part complainant’s motion product of respondents Michael Todd
significant changes, if any, that are for leave to amend the amended LP and MTTO LLC (collectively, ‘‘MT’’);
likely to occur within a reasonably complaint and notice of investigation. and (3) assert infringement of additional
foreseeable time. Supply conditions to FOR FURTHER INFORMATION CONTACT: claims of the ’691 patent by MT’s
consider include technology; Michael Liberman, Esq., Office of the accused products. On September 23,
production methods; development General Counsel, U.S. International 2015, the Commission investigative
asabaliauskas on DSK5VPTVN1PROD with NOTICES
efforts; ability to increase production Trade Commission, 500 E Street SW., attorney filed a response supporting the
(including the shift of production Washington, DC 20436, telephone (202) motion in part and opposing the motion
facilities used for other products and the 205–3115. Copies of non-confidential in part. On September 28, 2015, PBL
use, cost, or availability of major inputs documents filed in connection with this filed a reply brief.
into production); and factors related to investigation are or will be available for On October 2, 2015, the ALJ issued
the ability to shift supply among inspection during official business Order No. 22, granting-in-part and
different national markets (including hours (8:45 a.m. to 5:15 p.m.) in the denying-in-part complainant’s motion.
barriers to importation in foreign Office of the Secretary, U.S. The ALJ granted PBL’s motion with
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![Federal Register / Vol. 80, No. 211 / Monday, November 2, 2015 / Notices 67421
respect to changing the name of Issued: October 28, 2015. surfactants, and plasticizers, and
respondent ‘‘Michael Todd True William R. Bishop, provides custom liquid blending, food
Organics LP’’ to ‘‘Michael Todd LP’’ and Supervisory Hearings and Information grade packaging, and laboratory
accusing an additional MT product of Officer. services. The Complaint alleges the
infringement. Order No. 22 at 6. The [FR Doc. 2015–27923 Filed 10–29–15; 11:15 am] following violations at five solvent
ALJ denied the motion with respect to BILLING CODE 7020–02–P blending, storage and distribution plants
PBL’s assertion of additional owned and operated by Barton in Iowa
infringement claims against MT under and Kansas: (1) Violations of Section
the ’691 patent. INTERNATIONAL TRADE 112(r)(1) of the Clean Air Act, known as
Pursuant to Commission Rule COMMISSION the General Duty Clause (GDC), 42
210.14(b), the name change of U.S.C. 7412(r)(1); (2) violation of
[USITC SE–15–036]
respondent ‘‘Michael Todd True Section 304 of the Emergency Planning
Organics LP’’ to ‘‘Michael Todd LP’’ is Government In the Sunshine Act and Community Right-To-Know Act, 42
an ID. No party petitioned for review of Meeting Notice U.S.C. 10004; (3) violations of the Spill
the subject ID, and the Commission has
Prevention Control and Countermeasure
determined not to review it. AGENCY HOLDING THE MEETING: United
(SPCC) regulations promulgated under
The authority for the Commission’s States International Trade Commission.
Section 311(j) of the Clean Water Act, 40
determination is contained in section TIME AND DATE: November 9, 2015 at
337 of the Tariff Act of 1930, as CFR 1321(j); and (4) violations of
11:00 a.m. multiple federal and state Resource
amended (19 U.S.C. 1337), and in part PLACE: Room 101, 500 E Street SW.,
210 of the Commission’s Rules of Conservation and Recovery Act (RCRA)
Washington, DC 20436, Telephone: requirements, 42 U.S.C. 6901 et seq.
Practice and Procedure (19 CFR part (202) 205–2000.
210). Under the proposed Consent Decree,
STATUS: Open to the public. Barton will correct ongoing violations,
By order of the Commission.
MATTERS TO BE CONSIDERED: conduct three extensive audits of GDC,
Issued: October 27, 2015.
1. Agendas for future meetings: none. SPCC, and RCRA compliance at all of its
William R. Bishop, 2. Minutes. facilities and pay a civil penalty of $1.1
Supervisory Hearings and Information 3. Ratification List. million.
Officer. 4. Vote in Inv. Nos. 731–TA–753, 754,
[FR Doc. 2015–27815 Filed 10–30–15; 8:45 am]
The publication of this notice opens
and 756 (Third Review)(Cut-to-Length
a period for public comment on the
BILLING CODE 7020–02–P Carbon Steel Plate from China, Russia,
Consent Decree. Comments should be
and Ukraine). The Commission is
addressed to the Assistant Attorney
currently scheduled to complete and file
INTERNATIONAL TRADE its determinations and views of the General, Environment and Natural
COMMISSION Commission on December 2, 2015. Resources Division, and should refer to
5. Outstanding action jackets: none. United States v. Barton Solvents, Inc.,
[USITC SE–15–035] In accordance with Commission D.J. Ref. No. 90–5–2–1–10133. All
policy, subject matter listed above, not comments must be submitted no later
Government in the Sunshine Act disposed of at the scheduled meeting, than thirty (30) days after the
Meeting Notice may be carried over to the agenda of the publication date of this notice.
following meeting. Comments may be submitted either by
AGENCY HOLDING THE MEETING: United email or by mail:
States International Trade Commission. By order of the Commission:
Issued: October 27, 2015.
TIME AND DATE: November 6, 2015 at To submit
William R. Bishop, Send them to:
11:00 a.m. comments:
Supervisory Hearings and Information
PLACE: Room 101, 500 E Street SW., Officer. By e-mail ...... pubcomment-ees.enrd@
Washington, DC 20436, Telephone: usdoj.gov.
[FR Doc. 2015–27924 Filed 10–29–15; 11:15 am]
(202) 205–2000. By mail ......... Assistant Attorney General,
BILLING CODE 7020–02–P
STATUS: Open to the public. U.S. DOJ—ENRD, P.O.
Box 7611, Washington, DC
MATTERS TO BE CONSIDERED:
20044–7611.
1. Agendas for future meetings: none. DEPARTMENT OF JUSTICE
2. Minutes.
Notice of Lodging of Proposed During the public comment period,
3. Ratification List.
Consent Decree Under The Clean Air the Consent Decree may be examined
4. Vote in Inv. Nos. 701–TA–525 and
731–TA–1260–1261 (Final)(Certain Act, Emergency Panning and and downloaded at this Justice
Welded Line Pipe from Korea and Community Right-To-Know Act, Clean Department Web site: http://
Turkey). The Commission is currently Water Act, and The Resource www.justice.gov/enrd/consent-decrees.
scheduled to complete and file its Conservation and Recovery Act We will provide a paper copy of the
determinations and views of the Consent Decree upon written request
On October 26, 2015, the Department
asabaliauskas on DSK5VPTVN1PROD with NOTICES
Commission on November 18, 2015. and payment of reproduction costs.
of Justice lodged a proposed Consent Please mail your request and payment
5. Outstanding action jackets: None. Decree with the United States District
In accordance with Commission to: Consent Decree Library, U.S. DOJ—
Court for the Southern District of Iowa
policy, subject matter listed above, not ENRD, P.O. Box 7611, Washington, DC
in the lawsuit entitled United States v.
disposed of at the scheduled meeting, 20044–7611.
Barton Solvents, Inc., Civil Action No.
may be carried over to the agenda of the 15–378. Please enclose a check or money order
following meeting. Defendant Barton Solvents, Inc. for $21.00 (25 cents per page
By order of the Commission: (Barton) distributes chemicals, oils,
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Document Created: 2018-03-01 11:30:57
Document Modified: 2018-03-01 11:30:57
| 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 | Michael Liberman, Esq., Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, telephone (202) 205-3115. Copies of non- confidential documents filed in connection with this investigation are or will be 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., Washington, DC 20436, telephone (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. Hearing-impaired persons are advised that information on this matter can be obtained by contacting the Commission's TDD terminal on (202) 205-1810. | |
| FR Citation | 80 FR 67420 |
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