[Federal Register Volume 85, Number 91 (Monday, May 11, 2020)]
[Notices]
[Page 27762]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-09960]
[[Page 27762]]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1198]
Certain Spa Pumps, Jet Pump Housings, Pedicure Spas, 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 second amended complaint was
filed with the U.S. International Trade Commission on April 6, 2020,
under section 337 of the Tariff Act of 1930 on behalf of Luraco Health
& Beauty, LLC of Arlington, Texas. A supplement was filed on April 21,
2020. The second 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 spa pumps, jet pump housings, pedicure spas,
components thereof, and products containing same by reason of
infringement of certain claims in U.S. Patent No. 9,926,933 (``the '933
patent''); U.S. Patent No. D622,736 (``the '736 patent''); U.S. Patent
No. D751,723 (``the '723 patent''); and U.S. Patent No. 10,451,071
(``the '071 patent''). The second amended 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 second amended complaint, as amended, except for any
confidential information contained therein, may be viewed on the
Commission's electronic docket (EDIS) at https://edis.usitc.gov. For
help accessing EDIS, please email [email protected]. 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.
FOR FURTHER INFORMATION CONTACT: Pathenia Proctor, 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 (2019).
Scope of Investigation: Having considered the second amended
complaint, the U.S. International Trade Commission, on May 5, 2020,
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 products
identified in paragraph (2) by reason of infringement of one or more of
claims 1, 18, and 50 of the '933 patent; claim 1 of the '736 patent;
claim 1 of the '723 patent; and claims 1, 10, and 19 of the '071
patent, and whether an industry in the United States exists as required
by subsection (a)(2) of section 337;
(2) Pursuant to section 210.10(b)(1) of the Commission's Rules of
Practice and Procedure, 19 CFR 210.10(b)(1), the plain language
description of the accused products or category of accused products,
which defines the scope of the investigation, is ``spa pumps, jet pump
housings, jet assemblies, spa jets, magnetic jet pumps, and pedicure
spas used in nail and pedicure salons'';
(3) 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: Luraco Health & Beauty, LLC, 1140 107th
Street, Arlington, Texas 76011.
(b) The respondents are the following entities alleged to be in
violation of section 337, and are the parties upon which the second
amended complaint is to be served: GTP International Corp., 11090
Grader St., Dallas, Texas 75238.
Lac Long U.S., Inc., 7400 Hazard Ave., Westminster, CA 92683.
Lac Long Co. Ltd., Q-4, 8th St, Long Hau IP., Long Hau Ward, Can
Giuoc Dist, Long An Prov., Vietnam.
Alfalfa Nail Supply, Inc., 11488 S. Choctaw Dr., Baton Rouge, LA
70815.
(c) The Office of Unfair Import Investigations, U.S. International
Trade Commission, 500 E Street SW, Suite 401, Washington, DC 20436; and
(4) 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 second 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),
as amended in 85 FR 15798 (March 19, 2020), 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 second amended complaint
and the notice of investigation. Extensions of time for submitting
responses to the second 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 second amended complaint and in this notice may be
deemed to constitute a waiver of the right to appear and contest the
allegations of the second 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 second 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: May 5, 2020.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2020-09960 Filed 5-8-20; 8:45 am]
BILLING CODE 7020-02-P