82 FR 50158 - Certain Shaving Cartridges, Components Thereof and Products Containing Same Institution of Investigation

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 82, Issue 208 (October 30, 2017)

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on September 25, 2017, under section 337 of the Tariff Act of 1930, as amended, on behalf of The Gillette Company LLC of Boston, Massachusetts. A supplement to the complaint was filed on September 28, 2017. The complaint, as supplemented, alleges violations of section 337 based upon the importation into the United States, the sale for importation, and the sale within the United States after importation of certain shaving cartridges, components thereof and products containing same by reason of infringement of U.S. Patent No. 9,193,077 (``the '077 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 limited exclusion order and cease and desist orders.

[Federal Register Volume 82, Number 208 (Monday, October 30, 2017)]
[Notices]
[Pages 50158-50159]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-23542]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1079]


Certain Shaving Cartridges, Components Thereof and Products 
Containing Same Institution of Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on September 25, 2017, under 
section 337 of the Tariff Act of 1930, as amended, on behalf of The 
Gillette Company LLC of Boston, Massachusetts. A supplement to the 
complaint was filed on September 28, 2017. The complaint, as 
supplemented, alleges violations of section 337 based upon the 
importation into the United States, the sale for importation, and the 
sale within the United States after importation of certain shaving 
cartridges, components thereof and products containing same by reason 
of infringement of U.S. Patent No. 9,193,077 (``the '077 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 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: The Office of Docket Services, U.S. 
International Trade Commission, telephone (202) 205-1802.

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 24, 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 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 shaving 
cartridges, components thereof and products containing same by reason 
of infringement of one or more of claims 1-4, 11-14, and 18-20 of the 
'077 patent, 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: The Gillette Company LLC, 1 Gillette Park, 
Boston, MA 02127.
    (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: Edgewell Personal Care Company, 1350 Timberlake Manor 
Parkway, Chesterfield, MO 63017; Edgewell Personal Care Brands, LLC, 6 
Research Drive, Shelton, CT 06484; Edgewell Personal Care, LLC, 6 
Research Drive, Shelton, CT 06484; Schick Manufacturing, Inc., 6 
Research Drive, Shelton, CT 06484; Schick (Guangzhou)

[[Page 50159]]

Co., Limited, No. 3 Xia Yuan Road, Dong Ji, Industrial District, Getdd, 
Guangzhou 510730, China.
    (3) For the investigation so instituted, the Chief Administrative 
Law Judge, U.S. International Trade Commission, shall designate the 
presiding Administrative Law Judge.
    The Office of Unfair Import Investigations will not participate as 
a party in the investigation.
    The Commission notes that issues regarding whether the importation 
requirement of section 337 is met may be present here. In instituting 
this investigation, the Commission has not made any determination as to 
whether Complainant has satisfied this requirement. Accordingly, the 
presiding Administrative Law Judge may wish to consider this issue at 
an early date. Notwithstanding any Commission Rules to the contrary, 
which are hereby waived, any such decision should be issued in the form 
of an initial determination (ID) under Rule 210.42(c), 19 CFR 
210.42(c). The ID will become the Commission's final determination 45 
days after the date of service of the ID unless the Commission 
determines to review the ID. Any such review will be conducted in 
accordance with Commission Rules 210.43, 210.44, and 210.45, 19 CFR 
210.43, 210.44, and 210.45.
    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 25, 2017.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2017-23542 Filed 10-27-17; 8:45 am]
 BILLING CODE 7020-02-P