Notice2021-27908
Certain Skin Rejuvenation Resurfacing Devices, Components Thereof, and Products Containing the Same; Commission Determination Not To Review an Initial Determination Granting Complainants' Unopposed Motion To Terminate the Investigation in Its Entirety Based on Settlement; Termination of the Investigation
Primary source
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Published
December 23, 2021
Issuing agencies
International Trade Commission
Abstract
Notice is hereby given that the U.S. International Trade Commission has determined not to review an initial determination ("ID") (Order No. 12) of the presiding administrative law judge ("ALJ") granting complainants' unopposed motion to terminate the investigation in its entirety based on a settlement agreement. The investigation is terminated.
Full Text
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<title>Federal Register, Volume 86 Issue 244 (Thursday, December 23, 2021)</title>
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[Federal Register Volume 86, Number 244 (Thursday, December 23, 2021)]
[Notices]
[Page 72993]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-27908]
[[Page 72993]]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1262]
Certain Skin Rejuvenation Resurfacing Devices, Components
Thereof, and Products Containing the Same; Commission Determination Not
To Review an Initial Determination Granting Complainants' Unopposed
Motion To Terminate the Investigation in Its Entirety Based on
Settlement; Termination of the Investigation
AGENCY: International Trade Commission.
ACTION: Notice.
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SUMMARY: Notice is hereby given that the U.S. International Trade
Commission has determined not to review an initial determination
(``ID'') (Order No. 12) of the presiding administrative law judge
(``ALJ'') granting complainants' unopposed motion to terminate the
investigation in its entirety based on a settlement agreement. The
investigation is terminated.
FOR FURTHER INFORMATION CONTACT: Clint Gerdine, Esq., Office of the
General Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202) 708-2310. Copies of non-
confidential documents filed in connection with this investigation may
be viewed on the Commission's electronic docket (EDIS) at <a href="https://edis.usitc.gov">https://edis.usitc.gov</a>. For help accessing EDIS, please email
<a href="/cdn-cgi/l/email-protection#c481808d97f78ca1a8b484b1b7adb0a7eaa3abb2"><span class="__cf_email__" data-cfemail="7336373a20403b161f033306001a07105d141c05">[email protected]</span></a>. General information concerning the Commission may
also be obtained by accessing its internet server at <a href="https://www.usitc.gov">https://www.usitc.gov</a>. Hearing-impaired persons are advised that information on
this matter can be obtained by contacting the Commission's TDD
terminal, telephone (202) 205-1810.
SUPPLEMENTARY INFORMATION: On April 21, 2021, the Commission instituted
this investigation based on a complaint filed by InMode Ltd. of
Yokneam, Israel and Invasix Inc. d/b/a InMode of Lake Forest,
California (collectively, ``InMode''). 86 FR 20712-13 (Apr. 21, 2021).
The complaint, as supplemented, alleges violations of section 337 of
the Tariff Act of 1930, as amended (19 U.S.C. 1337), based on the
importation into the United States, the sale for importation, or the
sale within the United States after importation of certain skin
rejuvenation resurfacing devices, components thereof, and products
containing the same by reason of infringement of certain claims of U.S.
Patent No. 10,799,285. Id. The complaint further alleges that a
domestic industry exists. Id. The notice of investigation (``NOI'')
named ILOODA Co., Ltd. (``ILOODA'') of Suwon, Republic of Korea and
Cutera, Inc. (``Cutera'') of Brisbane, California (collectively,
``Respondents'') as respondents. Id. The Office of Unfair Import
Investigations is not participating in the investigation. Id.
On September 22, 2021, the Commission determined to review an ID
(Order No. 8) of the ALJ granting InMode's motion to amend the
complaint and NOI in the above-captioned investigation to add a claim
asserting a violation of 19 U.S.C. 1337(a)(1)(A) against Cutera. On
review, the Commission determined to vacate the ID and to remand the
issue to the ALJ for further proceedings. On remand, the ALJ denied
InMode's motion on September 23, 2021.
On November 22, 2021, InMode filed an unopposed motion to terminate
the investigation as to Respondents based on a settlement agreement
between InMode and Respondents.
On December 2, 2021, the ALJ issued the subject ID (Order No. 12)
granting InMode's unopposed motion to terminate the investigation as to
Respondents based on settlement. The ID finds that the motion satisfies
the requirements of Commission Rule 210.21(b) (19 CFR 210.21(b)) and
that terminating the investigation as to Respondents is not contrary to
the public interest. No party petitioned for review of the ID.
The Commission has determined not to review the subject ID. The
investigation is terminated.
The Commission vote for this determination took place on December
20, 2021.
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: December 20, 2021.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2021-27908 Filed 12-22-21; 8:45 am]
BILLING CODE 7020-02-P
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