82 FR 49422 - Certain Reusable Diapers, Components Thereof, and Products Containing the Same; Institution of Investigation
INTERNATIONAL TRADE COMMISSION Federal Register Volume 82, Issue 205 (October 25, 2017)
Federal Register Volume 82, Issue 205 (October 25, 2017)
| Page Range | 49422-49423 | |
| FR Document | 2017-23106 |
[Federal Register Volume 82, Number 205 (Wednesday, October 25, 2017)] [Notices] [Pages 49422-49423] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-23106] ----------------------------------------------------------------------- INTERNATIONAL TRADE COMMISSION [Investigation No. 337-TA-1077] Certain Reusable Diapers, Components Thereof, and Products Containing the Same; 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 September 19, 2017, under section 337 of the Tariff Act of 1930, as amended, on behalf of Cotton Babies, Inc. of Fenton, Missouri. A supplement to the Complaint was filed on October 2, 2017. 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 reusable diapers, components thereof, and products containing the same by reason of infringement of U.S. Trademark Registration No. 4,120,270 (``the '270 trademark'') and certain claims of U.S. Patent No. 8,518,007 (``the '007 patent''). The complaint further alleges that an industry in the United States exists as required by the applicable Federal Statute. The complainant requests that the Commission institute an investigation and, after the investigation, issue a general exclusion order, or in the alternative 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 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. FOR FURTHER INFORMATION CONTACT: Pathenia M. Proctor, The Office of Unfair Import Investigations, U.S. International Trade Commission, telephone (202) 205-2560. SUPPLEMENTARY INFORMATION: Authority: The authority for institution of this investigation is contained in section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337 and in section 210.10 of the Commission's Rules of Practice and Procedure, 19 CFR 210.10 (2017). Scope of Investigation: Having considered the complaint, the U.S. International Trade Commission, on October 19, 2017, 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 reusable diapers, components thereof, and products containing the same by reason of infringement of one or more of claims 1, 13, 20, and 21 of the '007 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)(C) 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 reusable diapers, components thereof, and products containing the same by reason of infringement of the '270 trademark, and whether an industry in the United States exists 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 complainant is: Cotton Babies, Inc., 1299 N. Highway Drive, Fenton, MO 63026. (b) The respondents are the following entities alleged to be in violation of section 337, and is the parties upon which the complaint is to be served: Alvababy.com, 4th Floor, Building 5, Zone 2, Qingxiechang, Yaqiuhu Industrial Park, Mumianwan, Buji Street, Longgang District, ShenZhen, Guangdong, China Shenzhen Adsel Trading Co., Ltd., d/b/a Alva, Room 802, 8/F Haoyunlai Building, Yanhe Road; Luohu District, Shenzhen, Guangdong, China 518000 Huizhou Huapin Garment Co., Ltd., Plant 23, Gexin Street, Sandong Town, Huizhou, Guangdong, China [[Page 49423]] (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 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: October 19, 2017. Lisa R. Barton, Secretary to the Commission. [FR Doc. 2017-23106 Filed 10-24-17; 8:45 am] BILLING CODE 7020-02-P
![49422 Federal Register / Vol. 82, No. 205 / Wednesday, October 25, 2017 / Notices
Sony Storage Media Solutions INTERNATIONAL TRADE Unfair Import Investigations, U.S.
Corporation, 1–7–1 Kōnan, Minato- COMMISSION International Trade Commission,
ku, Tokyo 108–0075, Japan telephone (202) 205–2560.
[Investigation No. 337–TA–1077]
Sony Storage Media Manufacturing SUPPLEMENTARY INFORMATION:
Corporation, 3–4–1 Sakuragi, Tagajo, Certain Reusable Diapers, Authority: The authority for
Miyagi 985–0842, Japan Components Thereof, and Products institution of this investigation is
Containing the Same; Institution of contained in section 337 of the Tariff
Sony DADC US Inc., 1800 North Act of 1930, as amended, 19 U.S.C. 1337
Investigation
Fruitridge Avenue, Terre Haute, IN and in section 210.10 of the
47804 AGENCY: U.S. International Trade Commission’s Rules of Practice and
Sony Latin America Inc., 5201 Blue Commission. Procedure, 19 CFR 210.10 (2017).
Lagoon Drive, Suite 400, Miami, FL ACTION: Notice. Scope of Investigation: Having
33126 considered the complaint, the U.S.
SUMMARY: Notice is hereby given that a International Trade Commission, on
(c) The Office of Unfair Import complaint was filed with the U.S. October 19, 2017, ordered that—
Investigations, U.S. International Trade International Trade Commission on (1) Pursuant to subsection (b) of
Commission, 500 E Street SW., Suite September 19, 2017, under section 337 section 337 of the Tariff Act of 1930, as
401, Washington, DC 20436; and of the Tariff Act of 1930, as amended, amended, an investigation be instituted
on behalf of Cotton Babies, Inc. of to determine:
(4) For the investigation so instituted, Fenton, Missouri. A supplement to the
the Chief Administrative Law Judge, (a) Whether there is a violation of
Complaint was filed on October 2, 2017. subsection (a)(1)(B) of section 337 in the
U.S. International Trade Commission, The complaint alleges violations of importation into the United States, the
shall designate the presiding section 337 based upon the importation sale for importation, or the sale within
Administrative Law Judge. into the United States, the sale for the United States after importation of
Responses to the complaint and the importation, and the sale within the certain reusable diapers, components
notice of investigation must be United States after importation of thereof, and products containing the
submitted by the named respondents in certain reusable diapers, components same by reason of infringement of one
accordance with section 210.13 of the thereof, and products containing the or more of claims 1, 13, 20, and 21 of
Commission’s Rules of Practice and same by reason of infringement of U.S. the ’007 patent, and whether an
Procedure, 19 CFR 210.13. Pursuant to Trademark Registration No. 4,120,270 industry in the United States exists as
19 CFR 201.16(e) and 210.13(a), such (‘‘the ’270 trademark’’) and certain required by subsection (a)(2) of section
responses will be considered by the claims of U.S. Patent No. 8,518,007 337;
Commission if received not later than 20 (‘‘the ’007 patent’’). The complaint (b) Whether there is a violation of
further alleges that an industry in the subsection (a)(1)(C) of section 337 in the
days after the date of service by the
United States exists as required by the importation into the United States, the
Commission of the complaint and the
applicable Federal Statute. sale for importation, or the sale within
notice of investigation. Extensions of The complainant requests that the
time for submitting responses to the the United States after importation of
Commission institute an investigation certain reusable diapers, components
complaint and the notice of and, after the investigation, issue a
investigation will not be granted unless thereof, and products containing the
general exclusion order, or in the same by reason of infringement of the
good cause therefor is shown. alternative a limited exclusion order, ’270 trademark, and whether an
Failure of a respondent to file a timely and cease and desist orders. industry in the United States exists as
response to each allegation in the ADDRESSES: The complaint, except for required by subsection (a)(2) of section
complaint and in this notice may be any confidential information contained 337;
deemed to constitute a waiver of the therein, is available for inspection (2) For the purpose of the
right to appear and contest the during official business hours (8:45 a.m. investigation so instituted, the following
allegations of the complaint and this to 5:15 p.m.) in the Office of the are hereby named as parties upon which
notice, and to authorize the Secretary, U.S. International Trade this notice of investigation shall be
administrative law judge and the Commission, 500 E Street SW., Room served:
Commission, without further notice to 112, Washington, DC 20436, telephone (a) The complainant is: Cotton Babies,
the respondent, to find the facts to be as (202) 205–2000. Hearing impaired Inc., 1299 N. Highway Drive, Fenton,
alleged in the complaint and this notice individuals are advised that information MO 63026.
and to enter an initial determination on this matter can be obtained by (b) The respondents are the following
and a final determination containing contacting the Commission’s TDD entities alleged to be in violation of
such findings, and may result in the terminal on (202) 205–1810. Persons section 337, and is the parties upon
issuance of an exclusion order or a cease with mobility impairments who will which the complaint is to be served:
need special assistance in gaining access Alvababy.com, 4th Floor, Building 5,
and desist order or both directed against
to the Commission should contact the Zone 2, Qingxiechang, Yaqiuhu
the respondent.
Office of the Secretary at (202) 205– Industrial Park, Mumianwan, Buji
By order of the Commission. 2000. General information concerning Street, Longgang District, ShenZhen,
Issued: October 19, 2017. the Commission may also be obtained Guangdong, China
sradovich on DSK3GMQ082PROD with NOTICES
Lisa R. Barton, by accessing its internet server at Shenzhen Adsel Trading Co., Ltd.,
Secretary to the Commission. https://www.usitc.gov. The public d/b/a Alva, Room 802, 8/F Haoyunlai
record for this investigation may be Building, Yanhe Road; Luohu District,
[FR Doc. 2017–23105 Filed 10–24–17; 8:45 am]
viewed on the Commission’s electronic Shenzhen, Guangdong, China 518000
BILLING CODE 7020–02–P
docket (EDIS) at https://edis.usitc.gov. Huizhou Huapin Garment Co., Ltd.,
FOR FURTHER INFORMATION CONTACT: Plant 23, Gexin Street, Sandong
Pathenia M. Proctor, The Office of Town, Huizhou, Guangdong, China
VerDate Sep<11>2014 22:06 Oct 24, 2017 Jkt 244001 PO 00000 Frm 00112 Fmt 4703 Sfmt 4703 E:\FR\FM\25OCN1.SGM 25OCN1](https://thefederalregister.org/doc/82_FR_49627/page/1.svg)
![Federal Register / Vol. 82, No. 205 / Wednesday, October 25, 2017 / Notices 49423
(c) The Office of Unfair Import reviews pursuant to the Tariff Act of placed in the nonpublic record on
Investigations, U.S. International Trade 1930 (‘‘the Act’’) to determine whether December 12, 2017, and made available
Commission, 500 E Street SW., Suite revocation of the countervailing duty to persons on the Administrative
401, Washington, DC 20436; and order on welded carbon steel pipe and Protective Order service list for these
(3) For the investigation so instituted, tube from Turkey and the antidumping reviews. A public version will be issued
the Chief Administrative Law Judge, duty orders on certain circular welded thereafter, pursuant to section
U.S. International Trade Commission, pipe and tube from Brazil, India, Korea, 207.62(d)(4) of the Commission’s rules.
shall designate the presiding Mexico, Taiwan, Thailand, and Turkey Written submissions.—As provided in
Administrative Law Judge. would be likely to lead to continuation section 207.62(d) of the Commission’s
Responses to the complaint and the or recurrence of material injury within rules, interested parties that are parties
notice of investigation must be a reasonably foreseeable time. to the reviews and that have provided
submitted by the named respondents in DATES: This determination was made on individually adequate responses to the
accordance with section 210.13 of the September 5, 2017. notice of institution,3 and any party
Commission’s Rules of Practice and other than an interested party to the
FOR FURTHER INFORMATION CONTACT:
Procedure, 19 CFR 210.13. Pursuant to reviews may file written comments with
Amelia Shister (202–205–2047), Office
19 CFR 201.16(e) and 210.13(a), such the Secretary on what determination the
of Investigations, U.S. International
responses will be considered by the Commission should reach in the
Trade Commission, 500 E Street SW.,
Commission if received not later than 20 reviews. Comments are due on or before
Washington, DC 20436. Hearing- December 15, 2017 and may not contain
days after the date of service by the impaired persons can obtain
Commission of the complaint and the new factual information. Any person
information on this matter by contacting that is neither a party to the five-year
notice of investigation. Extensions of the Commission’s TDD terminal on 202–
time for submitting responses to the reviews nor an interested party may
205–1810. Persons with mobility submit a brief written statement (which
complaint and the notice of impairments who will need special
investigation will not be granted unless shall not contain any new factual
assistance in gaining access to the information) pertinent to the reviews by
good cause therefor is shown. Commission should contact the Office
Failure of a respondent to file a timely December 15, 2017. However, should
of the Secretary at 202–205–2000. the Department of Commerce
response to each allegation in the General information concerning the
complaint and in this notice may be (‘‘Commerce’’) extend the time limit for
Commission may also be obtained by its completion of the final results of its
deemed to constitute a waiver of the accessing its Internet server (https://
right to appear and contest the reviews, the deadline for comments
www.usitc.gov). The public record for (which may not contain new factual
allegations of the complaint and this these reviews may be viewed on the
notice, and to authorize the information) on Commerce’s final
Commission’s electronic docket (EDIS) results is three business days after the
administrative law judge and the at https://edis.usitc.gov.
Commission, without further notice to issuance of Commerce’s results. If
SUPPLEMENTARY INFORMATION: comments contain business proprietary
the respondent, to find the facts to be as Background.—On September 5, 2017,
alleged in the complaint and this notice information (BPI), they must conform
the Commission determined that the with the requirements of sections 201.6,
and to enter an initial determination domestic interested party group
and a final determination containing 207.3, and 207.7 of the Commission’s
response to its notice of institution (82 rules. The Commission’s rules with
such findings, and may result in the FR 25328, June 1, 2017) of the subject
issuance of an exclusion order or a cease respect to filing were revised effective
five-year reviews was adequate and that July 25, 2014. See 79 FR 35920 (June 25,
and desist order or both directed against the respondent interested party group
the respondent. 2014), and the revised Commission
response was inadequate in each Handbook on E-filing, available from the
By order of the Commission. review. The Commission did not find Commission’s Web site at https://
Issued: October 19, 2017. any other circumstances that would www.usitc.gov/secretary/documents/
Lisa R. Barton, warrant conducting full reviews.1 handbook_on_filing_procedures.pdf.
Secretary to the Commission. Accordingly, the Commission In accordance with sections 201.16(c)
[FR Doc. 2017–23106 Filed 10–24–17; 8:45 am] determined that it would conduct and 207.3 of the rules, each document
BILLING CODE 7020–02–P
expedited reviews pursuant to section filed by a party to the reviews must be
751(c)(3) of the Tariff Act of 1930 (19 served on all other parties to the reviews
U.S.C. 1675(c)(3)).2 (as identified by either the public or BPI
INTERNATIONAL TRADE For further information concerning service list), and a certificate of service
COMMISSION the conduct of these reviews and rules must be timely filed. The Secretary will
of general application, consult the not accept a document for filing without
[Investigation Nos. 701–TA–253 and 731– Commission’s Rules of Practice and
TA–132, 252, 271, 273, 532–534, and 536
a certificate of service.
Procedure, part 201, subparts A and B Determination.—The Commission has
(Fourth Review)]
(19 CFR part 201), and part 207, determined these reviews are
Certain Circular Welded Wipe and subparts A, D, E, and F (19 CFR part extraordinarily complicated and
Wube (CWP) From Brazil, India, Korea, 207). therefore has determined to exercise its
Mexico, Taiwan, Thailand, and Turkey; Staff report.—A staff report authority to extend the review period by
Scheduling of Expedited Five-Year containing information concerning the up to 90 days pursuant to 19 U.S.C.
sradovich on DSK3GMQ082PROD with NOTICES
Reviews subject matter of the reviews will be 1675(c)(5)(B).
AGENCY: United States International 1 A record of the Commissioners’ votes, the 3 The Commission has found the responses
Trade Commission. Commission’s statement on adequacy, and any submitted by Bull Moose Tube Company,
individual Commissioner’s statements will be EXLTUBE, TMK IPSCO Tubulars, Zekelman
ACTION: Notice. available from the Office of the Secretary and at the Industries, and the Government of Turkey to be
Commission’s Web site. individually adequate. Comments from other
SUMMARY: The Commission hereby gives 2 Commissioner Broadbent voted to conduct full interested parties will not be accepted (see 19 CFR
notice of the scheduling of expedited reviews. 207.62(d)(2)).
VerDate Sep<11>2014 22:06 Oct 24, 2017 Jkt 244001 PO 00000 Frm 00113 Fmt 4703 Sfmt 4703 E:\FR\FM\25OCN1.SGM 25OCN1](https://thefederalregister.org/doc/82_FR_49627/page/2.svg)
Document Created: 2017-10-25 01:16:56
Document Modified: 2017-10-25 01:16:56
| 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 | Pathenia M. Proctor, The Office of Unfair Import Investigations, U.S. International Trade Commission, telephone (202) 205-2560. | |
| FR Citation | 82 FR 49422 |
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