[Federal Register Volume 85, Number 124 (Friday, June 26, 2020)]
[Notices]
[Pages 38389-38390]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-13765]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1142]
Certain Pocket Lighters; Notice of Commission Final Determination
of a Violation of Section 337; Issuance of a General Exclusion Order
and a Cease and Desist Order; Termination of the Investigation
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
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SUMMARY: Notice is hereby given that the U.S. International Trade
Commission has determined to affirm an initial determination (``ID'')
of the presiding administrative law judge (``ALJ'') granting the motion
of BIC Corporation (``BIC'' or ``Complainant'') for summary
determination of a violation of section 337 by respondents Milan Import
Export Company, LLC (``Milan''); Wellpine Company Limited
(``Wellpine''); and Zhuoye Lighter Manufacturing Co., Ltd. (``Zhuoye'')
(collectively, ``the Defaulting Respondents''). The Commission has also
determined to issue a general exclusion order (``GEO'') barring entry
of certain pocket lighters including an oblong body which is elliptical
in cross-section, a fork which is generally parabolic in cross-section,
and/or a hood which is generally parabolic in cross-section, that
infringe Complainant's asserted trade dress. The Commission has further
determined to issue a cease and desist order (``CDO'') directed to
respondent Milan. The investigation is terminated.
FOR FURTHER INFORMATION CONTACT: Houda Morad, Office of the General
Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202) 708-4716. Copies of non-
confidential documents filed in connection with this investigation may
be viewed on the Commission's electronic docket (EDIS) at https://edis.usitc.gov. For help accessing EDIS, please email
EDIS3Help@usitc.gov. General information concerning the Commission may
also be obtained by accessing its internet server at https://www.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: On February 12, 2019, the Commission
instituted this investigation under section 337 of the Tariff Act of
1930, as amended, 19 U.S.C. 1337 (``section 337''), based on a
complaint filed by Complainant BIC of Shelton, Connecticut. See 84 FR
3486-87 (Feb. 12, 2019). The complaint, as supplemented, alleges a
violation 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 pocket lighters by reason of infringement
of U.S. Trademark Registration Nos. 1,761,622 and 2,278,917. See id.
The notice of investigation names numerous respondents, including Milan
of San Diego, California; Wellpine of Hong Kong; and Zhuoye of Foshan
City, China (collectively, ``Defaulting Respondents''). See id. The
Office of Unfair Import Investigations (``OUII'') is also a party to
the investigation. See id.
The Commission previously terminated other respondents based on
settlement and entry of a consent order. See Order No. 21 (Oct. 30,
2019), unreviewed, Comm'n Notice (Nov. 25, 2019). The Commission also
terminated an unserved respondent based on the withdrawal of the
complaint allegations as to that respondent. See Order No. 23 (Dec. 18,
2019), unreviewed, Comm'n Notice (Jan. 16, 2020).
The Commission further found each of the Defaulting Respondents in
default. See Order No. 13 (June 6, 2019), unreviewed, Comm'n Notice
(July 8, 2019); Order No. 14 (June 6, 2019), unreviewed, Comm'n Notice
(July 8, 2019); Order No. 15 (June 18, 2019), aff'd with modification,
Comm'n Notice (July 10, 2019).
On November 14, 2019, Complainant filed a motion for summary
determination of a violation of section 337 by the Defaulting
Respondents. On December 16, 2019, OUII filed a response in support of
Complainant's motion. On February 12, 2020, the ALJ issued an ID
granting Complainant's motion for summary determination of violation of
section 337 by the Defaulting Respondents. No petition for review of
the ID was filed.
On April 22, 2020, the Commission determined to review the ID in
part with respect to the ID's findings on the economic prong of the
domestic industry requirement. See 85 FR 23528-29 (Apr. 28, 2020). The
Commission's notice also requested written submissions on remedy, the
public interest, and bonding. See id. On May 8, 2020, Complainant and
OUII submitted written submissions, and on May 15, 2020, Complainant
submitted a reply submission, in response to the Commission's notice.
No other submissions were received.
[[Page 38390]]
As explained in the Commission's Opinion issued concurrently
herewith, the Commission has determined to affirm the ID's findings
with respect to the economic prong of the domestic industry requirement
and, thus, the ID's finding of a violation of section 337. The
Commission has also determined that the appropriate remedy in this
investigation is: (1) A GEO prohibiting the unlicensed entry of certain
pocket lighters including an oblong body which is elliptical in cross-
section, a fork which is generally parabolic in cross-section, and/or a
hood which is generally parabolic in cross-section, that infringe
Complainant's asserted trade dress, pursuant to section 337(d)(2) (19
U.S.C. 1337(d)(2)); and (2) a CDO directed to defaulting respondent
Milan, pursuant to section 337(f)(1) (19 U.S.C. 1337(f)(1)). The
Commission has further determined that the bond during the period of
Presidential review pursuant to section 337 (j) (19 U.S.C. 1337(j))
shall be in the amount of 100 percent of the entered value of the
imported articles that are subject to the GEO and/or CDO. Still
further, the Commission has determined that the public interest factors
enumerated in subsections 337(d)(1) and (f)(1) (19 U.S.C. 1337(d)(1),
(f)(1)) do not preclude the issuance of the GEO and CDO.
The Commission vote for this determination took place on June 22,
2020.
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).
While temporary remote operating procedures are in place in
response to COVID-19, the Office of the Secretary is not able to serve
parties that have not retained counsel or otherwise provided a point of
contact for electronic service. Accordingly, pursuant to Commission
Rules Sec. Sec. 201.16(a) and 210.7(a)(1) (19 CFR 201.16(a),
210.7(a)(1)), the Commission orders that the Complainant(s) complete
service for any party/parties without a method of electronic service
noted on the attached Certificate of Service and shall file proof of
service on the Electronic Document Information System (EDIS).
By order of the Commission.
Issued: June 22, 2020.
William Bishop,
Supervisory Hearings and Information Officer.
[FR Doc. 2020-13765 Filed 6-25-20; 8:45 am]
BILLING CODE 7020-02-P