Document
Certain Pre-Stretched Synthetic Braiding Hair and Packaging Therefor; Notice of Commission Determination Not To Review an Initial Determination Granting Unopposed Motion To Amend the Complaint and Notice of Investigation
Notice is hereby given that the U.S. International Trade Commission ("the Commission") has determined not to review an initial determination ("ID") (Order No. 51) issued by the ...
SUPPLEMENTARY INFORMATION:
On September 9, 2024, the Commission instituted this investigation based on a complaint filed by JBS Hair of Atlanta, GA (“Complainant”). 89 FR 73123-24 (Sept. 9, 2024). The complaint, as supplemented, alleged violations of section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337 (“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 pre-stretched synthetic braiding hair and packaging therefor by reason of the infringement of certain claims of U.S. Patent Nos. 10,786,026; 10,945,478 (“the '478 patent”); and 10,980,301 (“the '301 patent”).
Id.
The complaint also alleged that a domestic industry exists. The notice of investigation, as amended, named numerous respondents, including Vivace.
Id.; see also89 FR 97068-69 (Dec. 6, 2024). The Office of Unfair Import Investigations was also named as a party in the investigation.
Id.
at 73124.
On February 24, 2025, the Commission found Vivace to be in default. Order No. 31 (Feb. 4, 2025),
unreviewed by
Comm'n Notice (Feb. 24, 2025). On September 29, 2025, the Commission issued a limited exclusion order and/or cease and desist orders (collectively, “the remedial orders”) against certain defaulting respondents, including Vivace, pursuant to section 337(g)(1), 19 U.S.C. 1337(g)(1). Comm'n Notice (Sept. 29, 2025), 90 FR 47821-23 (Oct. 2, 2025).
On December 18, 2025, Complainant filed an enforcement complaint against Vivace requesting that the Commission institute an enforcement proceeding under Commission Rule 210.75 (19 CFR 210.75) to investigate alleged violations by Vivace of the Commission's remedial orders.
On January 22, 2026, the Commission instituted an enforcement proceeding under Commission Rule 210.75 against Vivace. Comm'n Notice (Jan. 20, 2026), 91 FR 2799-800 (Jan. 22, 2026).
On May 1, 2026, Complainant filed an unopposed motion to amend the complaint and notice of investigation to correct the name of Vivace from “Vivace, Inc. d/b/a Dae Do Inc.” to “Dae Do Inc. d/b/a Vivace.”
See
Order No. 51 at 1.
On May 7, 2026, the ALJ issued the subject ID (Order No. 51) granting the unopposed motion pursuant to Commission Rule 210.14(b), 19 CFR 210.14(b). The ID finds good cause and no prejudice in granting the motion. Order No. 51 at 1-2. No petition for review of the subject ID was filed.
The Commission has determined not to review the subject ID (Order No. 51).
The Commission's vote for this determination took place on June 8, 2026.
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: June 8, 2026.
Lisa Barton,
Secretary to the Commission.