82 FR 55860 - Certain Insulated Beverage Containers, Components, Labels, and Packaging Materials Thereof: Institution of Investigation
INTERNATIONAL TRADE COMMISSION Federal Register Volume 82, Issue 225 (November 24, 2017)
Federal Register Volume 82, Issue 225 (November 24, 2017)
| Page Range | 55860-55861 | |
| FR Document | 2017-25360 |
[Federal Register Volume 82, Number 225 (Friday, November 24, 2017)] [Notices] [Pages 55860-55861] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-25360] ----------------------------------------------------------------------- INTERNATIONAL TRADE COMMISSION [Investigation No. 337-TA-1084] Certain Insulated Beverage Containers, Components, Labels, and Packaging Materials Thereof: Institution of Investigation AGENCY: U.S. International Trade Commission. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on September 28, 2017, under section 337 of the Tariff Act of 1930, as amended, on behalf of YETI Coolers, LLC of Austin, Texas. An amended complaint was filed on October 27, 2017. A supplement to the amended complaint was filed on October 31, 2017. The amended 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 insulated beverage containers, components, labels, and packaging materials thereof by reason of infringement of U.S. Trademark Registration No. 5,233,441 (``the '441 trademark''); U.S. Trademark No. 4,883,074 (``the '074 trademark''); U.S. Copyright Registration No. VA 1-974-722 (``the '722 copyright''); U.S. Copyright Registration No. VA 1-974-732 (``the '732 copyright''); U.S. Copyright Registration No. VA 1-974-735 (``the '735 copyright''); U.S. Design Patent No. D752,397 (``the '397 design patent''); U.S. Design Patent No. D780,533 (``the '533 design patent''); U.S. Design Patent No. D781,146 (``the '146 design patent''); and U.S. Design Patent No. D784,775 (``the '775 design patent'). The amended complaint further alleges that an industry in the United States exists as required by the applicable Federal Statute. The amended complaint also alleges violations of section 337 based on the importation into the United States, or in the sale of certain insulated beverage containers, components, labels, and packaging materials thereof by reason of false advertising and passing off, the threat or effect of which is to destroy or substantially injure an industry in the United States. The complainant requests that the Commission institute an investigation and, after the investigation, issue limited exclusion order and cease and desist orders. ADDRESSES: The amended complaint, as supplemented, 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 amended complaint, the U.S. International Trade Commission, on November 15, 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)(A) in the importation or sale of certain insulated beverage containers, components, labels, and packaging materials thereof by reason of false advertising or passing off, the threat or effect of which is to destroy or substantially injure an industry in the United States; (b) 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 insulated beverage containers, components, labels, and packaging materials thereof by reason of infringement of one or more of the '722 [[Page 55861]] copyright; the '732 copyright; the '735 copyright; the claim of the '397 design patent; the claim of the '533 design patent; the claim of the '146 design patent; and the claim of the '775 design patent; and whether an industry in the United States exists as required by subsection (a)(2) of section 337; (c) 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 insulated beverage containers, components, labels, and packaging materials thereof by reason of infringement of one or more of the '441 trademark and the '074 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: YETI Coolers, LLC, 7601 Southwest Parkway, Austin, Texas 78735 (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: Alibaba (China) Technology Co., Ltd., 26/F Tower One, Times Square, l Matheson Street, Causeway Bay, Hong Kong Alibaba Group Holding Limited, c/o Alibaba Group Services Limited, 26/F Tower One, Times Square, 1 Matheson Street, Causeway Bay, Hong Kong Alibaba.com Hong Kong Limited, 26/F Tower One, Times Square, 1 Matheson Street, Causeway Bay, Hong Kong Alibaba.com Singapore E-Commerce Private Limited, 26/F Tower One, Times Square, 1 Matheson Street, Causeway Bay, Hong Kong Bonanza.com, Inc., 3131 Western Ave, Suite 428, Seattle, WA 98121 ContextLogic, Inc. d/b/a/Wish, 1 Sansome Street, 40th Floor, San Francisco, CA 94104 Dunhuang Group, 6F Dimeng Commercial Building, No. 3-2 Hua Yuan Road, Haidian District Beijing 100191, China Hangzhou Alibaba Advertising Co., Ltd., 26/F Tower One, Times Square, 1 Matheson Street, Causeway Bay, Hong Kong Huizhou Dashu Trading Co., Ltd., 2001 Unit 2, #203 Building, Jinshanhu Garden, Huanhu Third Road, Huicheng District, Huizhou City, Guangdong Province, China Huagong Trading Co., Ltd., WANGSHIZHUANG, QINGHE County, Hebei, QINGH,, Hebei, China Tan Er Pa Technology Co., Ltd., Floor 9 10, No. 29 Qianlu, Manfeng Village Shajing, Kwai Chung N.T., Hong Kong Shenzhen Great Electronic Technology Co.,, Ltd., Room 3108A, Modern International,, Jintian Rd, Futian District, Shenzhen,, China 518000 SZ Flowerfairy Technology Ltd., 115 Room, No. 12, Building Pinshangyuan, Xixiang Street, Baoan District, Shenzhen, China (c) The Office of Unfair Import Investigations, U.S. International Trade Commission, 500 E Street SW., Suite 401, Washington, DC 20436; and (3) For the investigation so instituted, the Chief Administrative Law Judge, U.S. International Trade Commission, shall designate the presiding Administrative Law Judge. Responses to the amended 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 amended complaint and the notice of investigation. Extensions of time for submitting responses to the amended 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 amended complaint and in this notice may be deemed to constitute a waiver of the right to appear and contest the allegations of the amended 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 amended 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: November 17, 2017. Lisa R. Barton, Secretary to the Commission. [FR Doc. 2017-25360 Filed 11-22-17; 8:45 am] BILLING CODE 7020-02-P
![55860 Federal Register / Vol. 82, No. 225 / Friday, November 24, 2017 / Notices
copies to the Office of the Secretary by Issued: November 17, 2017. The complainant requests that the
noon the next day pursuant to § 210.4(f) Lisa R. Barton, Commission institute an investigation
of the Commission’s Rules of Practice Secretary to the Commission. and, after the investigation, issue
and Procedure (19 CFR 210.4(f)). [FR Doc. 2017–25369 Filed 11–22–17; 8:45 am] limited exclusion order and cease and
Submissions should refer to the docket BILLING CODE 7020–02–P
desist orders.
number (‘‘Docket No. 3276) in a ADDRESSES: The amended complaint, as
prominent place on the cover page and/ supplemented, except for any
or the first page. (See Handbook for INTERNATIONAL TRADE confidential information contained
Electronic Filing Procedures, Electronic COMMISSION therein, is available for inspection
Filing Procedures 1). Persons with during official business hours (8:45 a.m.
questions regarding filing should [Investigation No. 337–TA–1084] to 5:15 p.m.) in the Office of the
contact the Secretary (202–205–2000). Secretary, U.S. International Trade
Certain Insulated Beverage Containers,
Any person desiring to submit a Commission, 500 E Street SW., Room
Components, Labels, and Packaging
document to the Commission in 112, Washington, DC 20436, telephone
Materials Thereof: Institution of
confidence must request confidential (202) 205–2000. Hearing impaired
Investigation
treatment. All such requests should be individuals are advised that information
directed to the Secretary to the AGENCY: U.S. International Trade on this matter can be obtained by
Commission and must include a full Commission. contacting the Commission’s TDD
statement of the reasons why the ACTION: Notice. terminal on (202) 205–1810. Persons
Commission should grant such with mobility impairments who will
treatment. See 19 CFR 201.6. Documents SUMMARY: Notice is hereby given that a need special assistance in gaining access
for which confidential treatment by the complaint was filed with the U.S. to the Commission should contact the
Commission is properly sought will be International Trade Commission on Office of the Secretary at (202) 205–
treated accordingly. All such requests September 28, 2017, under section 337 2000. General information concerning
should be directed to the Secretary to of the Tariff Act of 1930, as amended, the Commission may also be obtained
the Commission and must include a full on behalf of YETI Coolers, LLC of by accessing its internet server at
statement of the reasons why the Austin, Texas. An amended complaint https://www.usitc.gov. The public
Commission should grant such was filed on October 27, 2017. A record for this investigation may be
treatment. See 19 CFR 201.6. Documents supplement to the amended complaint viewed on the Commission’s electronic
for which confidential treatment by the was filed on October 31, 2017. The docket (EDIS) at https://edis.usitc.gov.
Commission is properly sought will be amended complaint, as supplemented, FOR FURTHER INFORMATION CONTACT:
treated accordingly. All information, alleges violations of section 337 based Pathenia M. Proctor, The Office of
including confidential business upon the importation into the United Unfair Import Investigations, U.S.
information and documents for which States, the sale for importation, and the International Trade Commission,
confidential treatment is properly sale within the United States after telephone (202) 205–2560.
sought, submitted to the Commission for importation of certain insulated SUPPLEMENTARY INFORMATION:
purposes of this Investigation may be beverage containers, components,
labels, and packaging materials thereof Authority: The authority for institution of
disclosed to and used: (i) By the this investigation is contained in section 337
Commission, its employees and Offices, by reason of infringement of U.S. of the Tariff Act of 1930, as amended, 19
and contract personnel (a) for Trademark Registration No. 5,233,441 U.S.C. 1337 and in section 210.10 of the
developing or maintaining the records (‘‘the ’441 trademark’’); U.S. Trademark Commission’s Rules of Practice and
of this or a related proceeding, or (b) in No. 4,883,074 (‘‘the ’074 trademark’’); Procedure, 19 CFR 210.10 (2017).
internal investigations, audits, reviews, U.S. Copyright Registration No. VA 1– Scope of Investigation: Having
and evaluations relating to the 974–722 (‘‘the ’722 copyright’’); U.S. considered the amended complaint, the
programs, personnel, and operations of Copyright Registration No. VA 1–974– U.S. International Trade Commission,
the Commission including under 5 732 (‘‘the ’732 copyright’’); U.S. on November 15, 2017, ordered that—
U.S.C. Appendix 3; or (ii) by U.S. Copyright Registration No. VA 1–974– (1) Pursuant to subsection (b) of
government employees and contract 735 (‘‘the ’735 copyright’’); U.S. Design section 337 of the Tariff Act of 1930, as
personnel,2 solely for cybersecurity Patent No. D752,397 (‘‘the ’397 design amended, an investigation be instituted
purposes. All nonconfidential written patent’’); U.S. Design Patent No. to determine:
submissions will be available for public D780,533 (‘‘the ’533 design patent’’); (a) Whether there is a violation of
inspection at the Office of the Secretary U.S. Design Patent No. D781,146 (‘‘the subsection (a)(1)(A) in the importation
and on EDIS.3 ’146 design patent’’); and U.S. Design or sale of certain insulated beverage
Patent No. D784,775 (‘‘the ’775 design containers, components, labels, and
This action is taken under the
patent’). The amended complaint packaging materials thereof by reason of
authority of section 337 of the Tariff Act
further alleges that an industry in the false advertising or passing off, the
of 1930, as amended (19 U.S.C. 1337),
United States exists as required by the threat or effect of which is to destroy or
and of §§ 201.10 and 210.8(c) of the
applicable Federal Statute. The substantially injure an industry in the
Commission’s Rules of Practice and
amended complaint also alleges United States;
Procedure (19 CFR 201.10, 210.8(c)).
violations of section 337 based on the (b) whether there is a violation of
By order of the Commission. importation into the United States, or in subsection (a)(1)(B) of section 337 in the
sradovich on DSK3GMQ082PROD with NOTICES
the sale of certain insulated beverage importation into the United States, the
1 Handbook for Electronic Filing Procedures: containers, components, labels, and sale for importation, or the sale within
https://www.usitc.gov/documents/handbook_on_ packaging materials thereof by reason of the United States after importation of
filing_procedures.pdf.
2 All contract personnel will sign appropriate
false advertising and passing off, the certain insulated beverage containers,
nondisclosure agreements. threat or effect of which is to destroy or components, labels, and packaging
3 Electronic Document Information System substantially injure an industry in the materials thereof by reason of
(EDIS): https://edis.usitc.gov. United States. infringement of one or more of the ’722
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![Federal Register / Vol. 82, No. 225 / Friday, November 24, 2017 / Notices 55861
copyright; the ’732 copyright; the ’735 Huagong Trading Co., Ltd., INTERNATIONAL TRADE
copyright; the claim of the ’397 design WANGSHIZHUANG, QINGHE COMMISSION
patent; the claim of the ’533 design County, Hebei, QINGH,, Hebei, China
patent; the claim of the ’146 design [USITC SE–17–054]
Tan Er Pa Technology Co., Ltd., Floor 9
patent; and the claim of the ’775 design 10, No. 29 Qianlu, Manfeng Village Sunshine Act Meetings
patent; and whether an industry in the
Shajing, Kwai Chung N.T., Hong Kong
United States exists as required by AGENCY HOLDING THE MEETING: United
subsection (a)(2) of section 337; Shenzhen Great Electronic Technology
States International Trade Commission.
(c) whether there is a violation of Co.,, Ltd., Room 3108A, Modern
TIME AND DATE: November 29, 2017 at
subsection (a)(1)(C) of section 337 in the International,, Jintian Rd, Futian
District, Shenzhen,, China 518000 11:00 a.m.
importation into the United States, the
sale for importation, or the sale within PLACE: Room 101, 500 E Street SW.,
SZ Flowerfairy Technology Ltd., 115 Washington, DC 20436, Telephone:
the United States after importation of Room, No. 12, Building
certain insulated beverage containers, (202) 205–2000.
Pinshangyuan, Xixiang Street, Baoan
components, labels, and packaging STATUS: Open to the public.
District, Shenzhen, China
materials thereof by reason of MATTERS TO BE CONSIDERED:
infringement of one or more of the ’441 (c) The Office of Unfair Import 1. Agendas for future meetings: None.
trademark and the ’074 trademark; and Investigations, U.S. International Trade 2. Minutes.
whether an industry in the United Commission, 500 E Street SW., Suite 3. Ratification List.
States exists as required by subsection 401, Washington, DC 20436; and 4. Vote in Inv. Nos. 701–TA–476 and
(a)(2) of section 337; (3) For the investigation so instituted, 731–tA–1179 (Review) (Multilayered
(2) For the purpose of the the Chief Administrative Law Judge, Wood Flooring from China). The
investigation so instituted, the following U.S. International Trade Commission, Commission is currently scheduled to
are hereby named as parties upon which shall designate the presiding complete and file its determinations and
this notice of investigation shall be Administrative Law Judge. views of the Commission by December
served: 13, 2017.
(a) The complainant is: YETI Coolers, Responses to the amended complaint 5. Outstanding action jackets: None.
LLC, 7601 Southwest Parkway, Austin, and the notice of investigation must be In accordance with Commission
Texas 78735 submitted by the named respondents in policy, subject matter listed above, not
(b) The respondents are the following accordance with section 210.13 of the disposed of at the scheduled meeting,
entities alleged to be in violation of Commission’s Rules of Practice and may be carried over to the agenda of the
section 337, and are the parties upon Procedure, 19 CFR 210.13. Pursuant to following meeting.
which the complaint is to be served: 19 CFR 201.16(e) and 210.13(a), such
By order of the Commission.
Alibaba (China) Technology Co., Ltd., responses will be considered by the
Issued: November 20, 2017.
26/F Tower One, Times Square, l Commission if received not later than 20
William R. Bishop,
Matheson Street, Causeway Bay, Hong days after the date of service by the
Commission of the amended complaint Supervisory Hearings and Information
Kong Officer.
Alibaba Group Holding Limited, c/o and the notice of investigation.
[FR Doc. 2017–25491 Filed 11–21–17; 11:15 am]
Alibaba Group Services Limited, 26/F Extensions of time for submitting
BILLING CODE 7020–02–P
Tower One, Times Square, 1 responses to the amended complaint
Matheson Street, Causeway Bay, Hong and the notice of investigation will not
Kong be granted unless good cause therefor is
Alibaba.com Hong Kong Limited, 26/F shown. DEPARTMENT OF JUSTICE
Tower One, Times Square, 1 Failure of a respondent to file a timely
Matheson Street, Causeway Bay, Hong Antitrust Division
response to each allegation in the
Kong amended complaint and in this notice United States v. CenturyLink, Inc. and
Alibaba.com Singapore E-Commerce may be deemed to constitute a waiver of Level 3 Communications, Inc.;
Private Limited, 26/F Tower One, the right to appear and contest the Proposed Final Judgment and
Times Square, 1 Matheson Street, Competitive Impact Statement
allegations of the amended complaint
Causeway Bay, Hong Kong
and this notice, and to authorize the
Bonanza.com, Inc., 3131 Western Ave, Notice is hereby given pursuant to the
administrative law judge and the
Suite 428, Seattle, WA 98121 Antitrust Procedures and Penalties Act,
Commission, without further notice to
ContextLogic, Inc. d/b/a/Wish, 1 15 U.S.C. 16(b)–(h), that a proposed
Sansome Street, 40th Floor, San the respondent, to find the facts to be as Final Judgment, Stipulation, and
Francisco, CA 94104 alleged in the amended complaint and Competitive Impact Statement have
Dunhuang Group, 6F Dimeng this notice and to enter an initial been filed with the United States
Commercial Building, No. 3–2 Hua determination and a final determination District Court for the District of
Yuan Road, Haidian District Beijing containing such findings, and may Columbia in United States of America v.
100191, China result in the issuance of an exclusion CenturyLink, Inc. and Level 3
Hangzhou Alibaba Advertising Co., Ltd., order or a cease and desist order or both Communications, Inc., Civil Action No.
26/F Tower One, Times Square, 1 directed against the respondent. 17–cv–2028 (KBJ). On October 2, 2017,
sradovich on DSK3GMQ082PROD with NOTICES
Matheson Street, Causeway Bay, Hong By order of the Commission. the United States filed a Complaint
Kong Issued: November 17, 2017. alleging that CenturyLink, Inc.’s
Huizhou Dashu Trading Co., Ltd., 2001 proposed acquisition of Level 3
Lisa R. Barton,
Unit 2, #203 Building, Jinshanhu Communications, Inc. would violate
Garden, Huanhu Third Road, Secretary to the Commission. Section 7 of the Clayton Act, 15 U.S.C.
Huicheng District, Huizhou City, [FR Doc. 2017–25360 Filed 11–22–17; 8:45 am] 18. The proposed Final Judgment, filed
Guangdong Province, China BILLING CODE 7020–02–P at the same time as the Complaint,
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Document Created: 2017-11-22 23:33:43
Document Modified: 2017-11-22 23:33:43
| 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 55860 |
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