82_FR_10422 82 FR 10395 - Certain Electric Skin Care Devices, Brushes and Chargers Therefor, and Kits Containing the Same; Modification of Initial Determination; Issuance of a General Exclusion Order, a Limited Exclusion Order, and Cease and Desist Orders; Termination of Investigation

82 FR 10395 - Certain Electric Skin Care Devices, Brushes and Chargers Therefor, and Kits Containing the Same; Modification of Initial Determination; Issuance of a General Exclusion Order, a Limited Exclusion Order, and Cease and Desist Orders; Termination of Investigation

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 82, Issue 27 (February 10, 2017)

Page Range10395-10396
FR Document2017-02751

Notice is hereby given that the U.S. International Trade Commission has determined that there is a violation of section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337) in the above- captioned investigation. The Commission has determined to modify the ALJ's initial determination (``ID'') (Order No. 42) in part and to issue a general exclusion order (``GEO''), a limited exclusion order (``LEO''); and cease and desist orders (``CDOs''). The investigation is terminated.

Federal Register, Volume 82 Issue 27 (Friday, February 10, 2017)
[Federal Register Volume 82, Number 27 (Friday, February 10, 2017)]
[Notices]
[Pages 10395-10396]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-02751]


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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; Modification of Initial 
Determination; Issuance of a General Exclusion Order, a Limited 
Exclusion Order, and Cease and Desist Orders; Termination of 
Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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

SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined that there is a violation of section 337 of 
the Tariff Act of 1930, as amended (19 U.S.C. 1337) in the above-
captioned investigation. The Commission has determined to modify the 
ALJ's initial determination (``ID'') (Order No. 42) in part and to 
issue a general exclusion order (``GEO''), a limited exclusion order 
(``LEO''); and cease and desist orders (``CDOs''). The investigation is 
terminated.

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 https://www.usitc.gov. The public record for this investigation may be viewed 
on the Commission's electronic docket (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 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 
(``Complainant,'' or ``PBL''). 80 FR 36576-77 (Jun. 25, 2015). The 
amended complaint, as supplemented, alleges a violation of section 337 
based upon 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 the same by reason of infringement of certain claims of 
U.S. Patent Nos. 7,320,691 (``the '691 patent'') and 7,386,906 (``the 
'906 patent''), and U.S. Design Patent No. D523,809 (``the D'809 
patent''). The complaint further alleges violations of section 337 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 complaint named numerous respondents. The Commission's Office of 
Unfair Import Investigations was named as a party.
    During the course of the investigation, eight of the respondents 
were terminated by consent order: Nutra-Luxe M.D., LLC of Fort Myers, 
Florida (Order No. 10) (consent order issued Jan. 5, 2016); 
SkincarebyAlana of Dana Point, California (Order No. 11) (consent order 
issued Oct. 6, 2015); Unicos USA, Inc. of LaHabra, California (Order 
No. 15) (consent order issued Oct. 20, 2015); H2PRO Beautylife, Inc. of 
Placentia, California (Order No. 19) (consent order issued Oct. 22, 
2015); Jewlzie of New York, New York (Order No. 20) (consent order 
issued Oct. 22, 2015); Home Skinovations Inc. of Richmond Hill, 
Ontario, Canada, and Home Skinovations Ltd. of Yokneam, Israel (Order 
No. 30) (consent order issued Dec. 23, 2015); and Accord Media, LLC of 
New York, New York (Order No. 31) (consent order issued Dec. 23, 2015). 
Respondent RN Ventures Ltd. of London, United Kingdom, was terminated 
based on a settlement agreement (Order No. 36) (not reviewed Feb. 4, 
2016). Respondents Michael Todd LP and MTTO LLC, both of Port St. 
Lucie, Florida, were also terminated based on a settlement agreement 
(Order No. 37) (not reviewed Mar. 3, 2016).
    The remaining ten respondents were found in default: Coreana 
Cosmetics Co., Ltd. of Chungcheongnam-do, Republic of Korea; Flageoli 
Classic Limited of Las Vegas, Nevada (``Flageoli''); Serious Skin Care, 
Inc. of Carson City, Nevada (``Serious Skin Care''); Shanghai Anzikang 
Electric Co., Ltd. of Shanghai, China (``Anzikang''); and Wenzhou Ai Er 
Electrical Technology Co., Ltd. of ZheJiang, China (Order No. 13) (not 
reviewed, as modified by Order No. 15, Oct. 20, 2015); ANEX Corporation 
of Seoul, Republic of Korea; Korean Beauty Co., Ltd. of Seoul, Republic 
of Korea; and Our Family Jewels, Inc. of Parker, Colorado (``Our Family 
Jewels'') (Order No. 18) (not reviewed Oct. 22, 2015); Beauty Tech, 
Inc. of Coral Gables, Florida (``Beauty Tech'') (Order No. 24) (not 
reviewed Nov. 13, 2015); and Xnovi Electronic Co., Ltd. of Shenzhen, 
China (Order No. 32) (not reviewed Dec. 23, 2015) (collectively, ``the 
Defaulting Respondents'').
    On February 18, 2016, complainant PBL filed a motion for summary 
determination of violation of Section 337 by the Defaulting 
Respondents. The Commission investigative attorney (``IA'') filed a 
response in support of the motion. No other responses were filed.
    On April 11, 2016, the ALJ issued an ID (Order No. 42) granting 
complainant's motion for summary determination of violation and making 
recommendations regarding remedy and

[[Page 10396]]

bonding. The IA filed a timely petition for review-in-part of the ID. 
No other party petitioned for review of the ID. Complainant PBL filed a 
response in support of the IA's petition. No other responses were 
filed.
    On May 26, 2016, the Commission determined to review the ID in 
part, and issued a ``Notice Of A Commission Determination To Review In 
Part An Initial Determination Granting Complainant's Motion For Summary 
Determination Of Violation Of Section 337; Request For Written 
Submissions On Remedy, The Public Interest, And Bonding'' (``the 
Commission Notice''), in which the Commission specified the issues 
under review. See 81 FR 35377-79 (Jun. 2, 2016). In particular, the 
Commission determined ``to review the ID's findings on the economic 
prong of the domestic industry requirement as to the patent-based 
allegations, all issues related to violation of the asserted trade 
dress, and to correct certain minor typographical errors.'' Commission 
Notice at 2. The Commission did not request any submissions on the 
issues under review.
    The Commission requested written submissions on remedy, public 
interest, and bonding. Id. at 3. PBL and the IA timely filed their 
submissions pursuant to the Commission Notice. Settled respondents 
Michael Todd LP and MTTO LLC also filed a Written Submission on the 
Issue of Remedy and a Reply to PBL's Written Submission. No other 
submissions were received in response to the Commission Notice.
    Having examined the record in this investigation, the Commission 
has determined as follows:
    (I) With respect to the ID's findings on the economic prong of the 
domestic industry requirement as to the patent-based allegations:
    (A) To vacate the subsection labeled ``Significant Investment.'' on 
pages 21-22 of the ID.
    (B) To take no position on, and therefore vacate, the ID's analysis 
and findings pertaining to the ID's determination that the ``non-
manufacturing expenditures would need to be backed out of the 
calculation of qualifying investments under subsections (A) as well as 
(B).'' ID/RD at 25.
    (C) To affirm the ID's finding that PBL satisfied the economic 
prong requirement under subsections 337(a)(3)(A) and (B).
    (D) To take no position on, and therefore vacate, the ID's analysis 
and findings regarding whether PBL satisfied the economic prong 
requirement under subsection (C) of section 337(a)(3). See Beloit 
Corporation v. Valmet Oy, 742 F.2d 1421, 1423 (Fed. Cir.1984) 
(``Beloit'').
    (II) With respect to all of the ID's findings pertaining to the 
alleged violation of PBL's asserted trade dress, the Commission takes 
no position. See Beloit, 742 F.2d at 1423. The Commission finds that 
the respondents accused of infringing the trade dress are in default 
under section 337(g)(1).
    (III) The Commission has corrected two typographical errors by 
substituting ``Mot. Ex. 35 (Fabien Decl.) ]] 31, 35'' for ``Id. ]] 
31,35'' in the last paragraph on page 38 of the ID, and ``Mot. Ex. 35 
(Fabien Decl.) ]] 31, 35'' for ``Id. ]] 31, 35'' in the last paragraph 
on page 31 of the ID.
    Having reviewed the submissions on remedy, the public interest and 
bonding filed in response to the Commission's Notice, and the 
evidentiary record, the Commission has determined that the appropriate 
form of relief in this investigation is: (a) A GEO prohibiting the 
unlicensed importation of certain electric skin care devices, brushes 
or chargers therefor, or kits containing same that infringe one or more 
of claims 1, 4-6, 16, 22, 31, 33, 39-41, 42, 44-46, 49 of the '691 
patent and claims 1-2, 4-5, and 7-15 of the '906 patent; (b) an LEO 
prohibiting the unlicensed entry of (i) infringing electric skin care 
devices, brushes or chargers therefor, or kits containing same that are 
covered by the claim of the D'809 patent and that are manufactured 
abroad by or on behalf of, or imported by or on behalf of respondents 
Beauty Tech; Flageoli; Our Family Jewels; Serious Skin Care; and 
Anzikang, and (ii) electric skin care devices, brushes or chargers 
therefor, or kits containing same that are covered by one or more of 
the Clarisonic Device Trade Dress or Clarisonic Charging Station Trade 
Dress and that are manufactured abroad by or on behalf of, or imported 
by or on behalf of respondents Our Family Jewels or Anzikang; and (c) 
cease and desist orders directed against each domestic and foreign 
Defaulting Respondent.
    Chairman Schmidtlein and Commissioner Kieff each write separately 
to explain their views as to the basis for issuing the cease and desist 
orders.
    The Commission has further determined that the public interest 
factors enumerated in subsections (d)(l), (f)(1), and (g)(1) (19 U.S.C. 
1337(d)(l), (f)(1), (g)(1)) do not preclude issuance of the above-
referenced remedial orders. Additionally, the Commission has determined 
that a bond in the amount of one hundred (100) percent of the entered 
value is required to permit temporary importation of the articles in 
question during the period of Presidential review (19 U.S.C. 1337(j)). 
The investigation is terminated.
    The Commission's orders, opinion, and the record upon which it 
based its determination were delivered to the President and to the 
United States Trade Representative on the day of their issuance. The 
Commission has also notified the Secretary of the Treasury of the 
orders.
    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 6, 2017.

Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2017-02751 Filed 2-9-17; 8:45 am]
BILLING CODE 7020-02-P



                                                                                Federal Register / Vol. 82, No. 27 / Friday, February 10, 2017 / Notices                                           10395

                                                  Reason: Advertised for sale                             Act of 1930, as amended (19 U.S.C.                       During the course of the investigation,
                                                  Wenatchee Federal Building                              1337) in the above-captioned                          eight of the respondents were
                                                  Property Number: 54201620012                            investigation. The Commission has                     terminated by consent order: Nutra-
                                                  301 Yakima Street                                       determined to modify the ALJ’s initial                Luxe M.D., LLC of Fort Myers, Florida
                                                  Wenatchee WA 98001                                      determination (‘‘ID’’) (Order No. 42) in              (Order No. 10) (consent order issued
                                                  Status: Excess                                                                                                Jan. 5, 2016); SkincarebyAlana of Dana
                                                                                                          part and to issue a general exclusion
                                                  GSA Number: 9–G–WA–1286
                                                  Reason: Advertised for sale                             order (‘‘GEO’’), a limited exclusion                  Point, California (Order No. 11) (consent
                                                                                                          order (‘‘LEO’’); and cease and desist                 order issued Oct. 6, 2015); Unicos USA,
                                                  N Border Housing at the Laurie
                                                                                                          orders (‘‘CDOs’’). The investigation is               Inc. of LaHabra, California (Order No.
                                                  Property Number: 54201620022
                                                  LOPE                                                    terminated.                                           15) (consent order issued Oct. 20, 2015);
                                                  27107 Highway 395 North                                                                                       H2PRO Beautylife, Inc. of Placentia,
                                                                                                          FOR FURTHER INFORMATION CONTACT:                      California (Order No. 19) (consent order
                                                  Laurier WA 99146
                                                  Status: Excess                                          Michael Liberman, Esq., Office of the                 issued Oct. 22, 2015); Jewlzie of New
                                                  GSA Number: 9–G–WA–1297–AA                              General Counsel, U.S. International                   York, New York (Order No. 20) (consent
                                                  Reason: Advertised for sale                             Trade Commission, 500 E Street SW.,                   order issued Oct. 22, 2015); Home
                                                  South Border Housing                                    Washington, DC 20436, telephone (202)                 Skinovations Inc. of Richmond Hill,
                                                  Property Number: 54201620023                            205–3115. Copies of non-confidential                  Ontario, Canada, and Home
                                                  Laurier LOPE                                            documents filed in connection with this               Skinovations Ltd. of Yokneam, Israel
                                                  27107 Highway 395 North                                 investigation are or will be available for            (Order No. 30) (consent order issued
                                                  Laurier WA 99146                                        inspection during official business                   Dec. 23, 2015); and Accord Media, LLC
                                                  Status: Excess                                          hours (8:45 a.m. to 5:15 p.m.) in the                 of New York, New York (Order No. 31)
                                                  GSA Number: 9–G–WA–1297–AB
                                                                                                          Office of the Secretary, U.S.                         (consent order issued Dec. 23, 2015).
                                                  Reason: Advertised for sale
                                                                                                          International Trade Commission, 500 E                 Respondent RN Ventures Ltd. of
                                                  USMC Reserve Center
                                                                                                          Street SW., Washington, DC 20436,                     London, United Kingdom, was
                                                  Property Number: 54201630004
                                                  1702 Tahoma Ave.,                                       telephone (202) 205–2000. General                     terminated based on a settlement
                                                  Yakima WA 98902                                         information concerning the Commission                 agreement (Order No. 36) (not reviewed
                                                  Status: Excess                                          may also be obtained by accessing its                 Feb. 4, 2016). Respondents Michael
                                                  GSA Number: 9–D–WA–1278AA                               Internet server at https://www.usitc.gov.             Todd LP and MTTO LLC, both of Port
                                                  Reason: Expression of interest received                 The public record for this investigation              St. Lucie, Florida, were also terminated
                                                  West Virginia                                           may be viewed on the Commission’s                     based on a settlement agreement (Order
                                                  Parkersburg Federal Building                            electronic docket (EDIS) at https://                  No. 37) (not reviewed Mar. 3, 2016).
                                                  Property Number: 54201640005                            edis.usitc.gov. Hearing-impaired                         The remaining ten respondents were
                                                  425 Juliana Street                                      persons are advised that information on               found in default: Coreana Cosmetics
                                                  Parkersburg WV 26101                                    this matter can be obtained by                        Co., Ltd. of Chungcheongnam-do,
                                                  Status: Excess                                          contacting the Commission’s TDD                       Republic of Korea; Flageoli Classic
                                                  GSA Number: 4–G–WV–0564                                 terminal on (202) 205–1810.                           Limited of Las Vegas, Nevada
                                                  Reason: Advertised for Sale                                                                                   (‘‘Flageoli’’); Serious Skin Care, Inc. of
                                                                                                          SUPPLEMENTARY INFORMATION:      The                   Carson City, Nevada (‘‘Serious Skin
                                                  Wisconsin
                                                                                                          Commission instituted this investigation              Care’’); Shanghai Anzikang Electric Co.,
                                                  William J. Huempfner USARC                              under section 337 of the Tariff Act of
                                                  Property Number: 54201620028                                                                                  Ltd. of Shanghai, China (‘‘Anzikang’’);
                                                                                                          1930, as amended, 19 U.S.C. 1337                      and Wenzhou Ai Er Electrical
                                                  2426 Prairie Avenue
                                                  Beloit WI 54656                                         (‘‘section 337’’), on June 25, 2015, based            Technology Co., Ltd. of ZheJiang, China
                                                  Status: Surplus                                         on a complaint filed by Pacific                       (Order No. 13) (not reviewed, as
                                                  GSA Number: I–D–WI–612                                  Bioscience Laboratories, Inc. of                      modified by Order No. 15, Oct. 20,
                                                  Reason: Advertised for sale                             Redmond, Washington (‘‘Complainant,’’                 2015); ANEX Corporation of Seoul,
                                                  [FR Doc. 2017–02466 Filed 2–9–17; 8:45 am]              or ‘‘PBL’’). 80 FR 36576–77 (Jun. 25,                 Republic of Korea; Korean Beauty Co.,
                                                  BILLING CODE 4210–67–P
                                                                                                          2015). The amended complaint, as                      Ltd. of Seoul, Republic of Korea; and
                                                                                                          supplemented, alleges a violation of                  Our Family Jewels, Inc. of Parker,
                                                                                                          section 337 based upon the importation                Colorado (‘‘Our Family Jewels’’) (Order
                                                                                                          into the United States, the sale for                  No. 18) (not reviewed Oct. 22, 2015);
                                                  INTERNATIONAL TRADE
                                                                                                          importation, or the sale within the                   Beauty Tech, Inc. of Coral Gables,
                                                  COMMISSION
                                                                                                          United States after importation of                    Florida (‘‘Beauty Tech’’) (Order No. 24)
                                                  [Investigation No. 337–TA–959]                          certain electric skin care devices,                   (not reviewed Nov. 13, 2015); and Xnovi
                                                                                                          brushes and chargers therefor, and kits               Electronic Co., Ltd. of Shenzhen, China
                                                  Certain Electric Skin Care Devices,                     containing the same by reason of                      (Order No. 32) (not reviewed Dec. 23,
                                                  Brushes and Chargers Therefor, and                      infringement of certain claims of U.S.                2015) (collectively, ‘‘the Defaulting
                                                  Kits Containing the Same; Modification                  Patent Nos. 7,320,691 (‘‘the ’691                     Respondents’’).
                                                  of Initial Determination; Issuance of a                 patent’’) and 7,386,906 (‘‘the ’906                      On February 18, 2016, complainant
                                                  General Exclusion Order, a Limited                      patent’’), and U.S. Design Patent No.                 PBL filed a motion for summary
                                                  Exclusion Order, and Cease and Desist                   D523,809 (‘‘the D’809 patent’’). The                  determination of violation of Section
                                                  Orders; Termination of Investigation                    complaint further alleges violations of               337 by the Defaulting Respondents. The
                                                                                                          section 337 by reason of trade dress                  Commission investigative attorney
mstockstill on DSK3G9T082PROD with NOTICES




                                                  AGENCY: U.S. International Trade
                                                  Commission.                                             infringement, the threat or effect of                 (‘‘IA’’) filed a response in support of the
                                                  ACTION: Notice.                                         which is to destroy or substantially                  motion. No other responses were filed.
                                                                                                          injure an industry in the United States.                 On April 11, 2016, the ALJ issued an
                                                  SUMMARY:    Notice is hereby given that                 Id. The complaint named numerous                      ID (Order No. 42) granting
                                                  the U.S. International Trade                            respondents. The Commission’s Office                  complainant’s motion for summary
                                                  Commission has determined that there                    of Unfair Import Investigations was                   determination of violation and making
                                                  is a violation of section 337 of the Tariff             named as a party.                                     recommendations regarding remedy and


                                             VerDate Sep<11>2014   18:35 Feb 09, 2017   Jkt 241001   PO 00000   Frm 00068   Fmt 4703   Sfmt 4703   E:\FR\FM\10FEN1.SGM   10FEN1


                                                  10396                         Federal Register / Vol. 82, No. 27 / Friday, February 10, 2017 / Notices

                                                  bonding. The IA filed a timely petition                 v. Valmet Oy, 742 F.2d 1421, 1423 (Fed.               question during the period of
                                                  for review-in-part of the ID. No other                  Cir.1984) (‘‘Beloit’’).                               Presidential review (19 U.S.C. 1337(j)).
                                                  party petitioned for review of the ID.                     (II) With respect to all of the ID’s               The investigation is terminated.
                                                  Complainant PBL filed a response in                     findings pertaining to the alleged                       The Commission’s orders, opinion,
                                                  support of the IA’s petition. No other                  violation of PBL’s asserted trade dress,              and the record upon which it based its
                                                  responses were filed.                                   the Commission takes no position. See                 determination were delivered to the
                                                     On May 26, 2016, the Commission                      Beloit, 742 F.2d at 1423. The                         President and to the United States Trade
                                                  determined to review the ID in part, and                Commission finds that the respondents                 Representative on the day of their
                                                  issued a ‘‘Notice Of A Commission                       accused of infringing the trade dress are             issuance. The Commission has also
                                                  Determination To Review In Part An                      in default under section 337(g)(1).                   notified the Secretary of the Treasury of
                                                  Initial Determination Granting                             (III) The Commission has corrected                 the orders.
                                                  Complainant’s Motion For Summary                        two typographical errors by substituting                 The authority for the Commission’s
                                                  Determination Of Violation Of Section                   ‘‘Mot. Ex. 35 (Fabien Decl.) ¶¶ 31, 35’’              determination is contained in section
                                                  337; Request For Written Submissions                    for ‘‘Id. ¶¶ 31,35’’ in the last paragraph            337 of the Tariff Act of 1930, as
                                                  On Remedy, The Public Interest, And                     on page 38 of the ID, and ‘‘Mot. Ex. 35               amended (19 U.S.C. 1337), and in Part
                                                  Bonding’’ (‘‘the Commission Notice’’),                  (Fabien Decl.) ¶¶ 31, 35’’ for ‘‘Id. ¶¶ 31,           210 of the Commission’s Rules of
                                                  in which the Commission specified the                   35’’ in the last paragraph on page 31 of              Practice and Procedure (19 CFR part
                                                  issues under review. See 81 FR 35377–                   the ID.                                               210).
                                                  79 (Jun. 2, 2016). In particular, the                      Having reviewed the submissions on
                                                                                                          remedy, the public interest and bonding                 By order of the Commission.
                                                  Commission determined ‘‘to review the
                                                                                                          filed in response to the Commission’s                   Issued: February 6, 2017.
                                                  ID’s findings on the economic prong of
                                                  the domestic industry requirement as to                 Notice, and the evidentiary record, the               Lisa R. Barton,
                                                  the patent-based allegations, all issues                Commission has determined that the                    Secretary to the Commission.
                                                  related to violation of the asserted trade              appropriate form of relief in this                    [FR Doc. 2017–02751 Filed 2–9–17; 8:45 am]
                                                  dress, and to correct certain minor                     investigation is: (a) A GEO prohibiting               BILLING CODE 7020–02–P
                                                  typographical errors.’’ Commission                      the unlicensed importation of certain
                                                  Notice at 2. The Commission did not                     electric skin care devices, brushes or
                                                  request any submissions on the issues                   chargers therefor, or kits containing                 INTERNATIONAL TRADE
                                                  under review.                                           same that infringe one or more of claims              COMMISSION
                                                     The Commission requested written                     1, 4–6, 16, 22, 31, 33, 39–41, 42, 44–46,
                                                                                                          49 of the ’691 patent and claims 1–2, 4–              [USITC SE–17–005]
                                                  submissions on remedy, public interest,
                                                  and bonding. Id. at 3. PBL and the IA                   5, and 7–15 of the ’906 patent; (b) an
                                                                                                                                                                Government in the Sunshine Act
                                                  timely filed their submissions pursuant                 LEO prohibiting the unlicensed entry of
                                                                                                          (i) infringing electric skin care devices,            Meeting Notice
                                                  to the Commission Notice. Settled
                                                  respondents Michael Todd LP and                         brushes or chargers therefor, or kits                 AGENCY HOLDING THE MEETING:     United
                                                  MTTO LLC also filed a Written                           containing same that are covered by the               States International Trade Commission.
                                                  Submission on the Issue of Remedy and                   claim of the D’809 patent and that are
                                                                                                                                                                TIME AND DATE: February 15, 2017 at
                                                  a Reply to PBL’s Written Submission.                    manufactured abroad by or on behalf of,
                                                                                                                                                                10:00 a.m.
                                                  No other submissions were received in                   or imported by or on behalf of
                                                                                                          respondents Beauty Tech; Flageoli; Our                PLACE: Room 101, 500 E Street SW.,
                                                  response to the Commission Notice.                                                                            Washington, DC 20436, Telephone:
                                                     Having examined the record in this                   Family Jewels; Serious Skin Care; and
                                                                                                          Anzikang, and (ii) electric skin care                 (202) 205–2000.
                                                  investigation, the Commission has
                                                  determined as follows:                                  devices, brushes or chargers therefor, or             STATUS: Open to the public.
                                                     (I) With respect to the ID’s findings on             kits containing same that are covered by              MATTERS TO BE CONSIDERED:
                                                  the economic prong of the domestic                      one or more of the Clarisonic Device                  1. Agendas for future meetings: None
                                                  industry requirement as to the patent-                  Trade Dress or Clarisonic Charging                    2. Minutes
                                                  based allegations:                                      Station Trade Dress and that are                      3. Ratification List
                                                     (A) To vacate the subsection labeled                 manufactured abroad by or on behalf of,               4. Vote in Inv. Nos. 701–TA–555 and
                                                  ‘‘Significant Investment.’’ on pages 21–                or imported by or on behalf of                             731–TA–1310 (Final) (Certain
                                                  22 of the ID.                                           respondents Our Family Jewels or                           Amorphous Silica Fabric from
                                                     (B) To take no position on, and                      Anzikang; and (c) cease and desist                         China). The Commission is
                                                  therefore vacate, the ID’s analysis and                 orders directed against each domestic                      currently scheduled to complete
                                                  findings pertaining to the ID’s                         and foreign Defaulting Respondent.                         and file its determinations and
                                                  determination that the ‘‘non-                              Chairman Schmidtlein and                                views of the Commission by March
                                                  manufacturing expenditures would                        Commissioner Kieff each write                              10, 2017.
                                                  need to be backed out of the calculation                separately to explain their views as to               5. Outstanding action jackets: None
                                                  of qualifying investments under                         the basis for issuing the cease and desist               In accordance with Commission
                                                  subsections (A) as well as (B).’’ ID/RD at              orders.                                               policy, subject matter listed above, not
                                                  25.                                                        The Commission has further                         disposed of at the scheduled meeting,
                                                     (C) To affirm the ID’s finding that PBL              determined that the public interest                   may be carried over to the agenda of the
                                                  satisfied the economic prong                            factors enumerated in subsections (d)(l),             following meeting.
                                                  requirement under subsections                           (f)(1), and (g)(1) (19 U.S.C. 1337(d)(l),
mstockstill on DSK3G9T082PROD with NOTICES




                                                                                                          (f)(1), (g)(1)) do not preclude issuance of             By order of the Commission.
                                                  337(a)(3)(A) and (B).
                                                     (D) To take no position on, and                      the above-referenced remedial orders.                   Issued: February 8, 2017.
                                                  therefore vacate, the ID’s analysis and                 Additionally, the Commission has                      William R. Bishop,
                                                  findings regarding whether PBL                          determined that a bond in the amount                  Supervisory Hearings and Information
                                                  satisfied the economic prong                            of one hundred (100) percent of the                   Officer.
                                                  requirement under subsection (C) of                     entered value is required to permit                   [FR Doc. 2017–02882 Filed 2–8–17; 4:15 pm]
                                                  section 337(a)(3). See Beloit Corporation               temporary importation of the articles in              BILLING CODE 7020–02–P




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Document Created: 2017-02-11 18:15:04
Document Modified: 2017-02-11 18:15:04
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
ContactMichael 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 https:// www.usitc.gov. The public record for this investigation may be viewed on the Commission's electronic docket (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.
FR Citation82 FR 10395 

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