Notice2022-22667
Certain Raised Garden Beds and Components Thereof; Institution of Investigation
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
October 19, 2022
Issuing agencies
International Trade Commission
Abstract
Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on September 13, 2022, under section 337 of the Tariff Act of 1930, as amended, on behalf of Vego Garden, Inc. of Houston, Texas. On September 21, 2022, the complainant filed a letter supplementing the complaint. On September 22, 2022, the complainant filed an amended complaint. The amended complaint alleges violations of section 337 based upon the importation into the United States, and in the sale of, certain raised garden beds and components thereof by reason of misappropriation of trade secrets and unfair competition, the threat or effect of which is to destroy or substantially injure a domestic industry. The complainant requests that the Commission institute an investigation and, after the investigation, issue a limited exclusion order and cease and desist orders.
Full Text
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<title>Federal Register, Volume 87 Issue 201 (Wednesday, October 19, 2022)</title>
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[Federal Register Volume 87, Number 201 (Wednesday, October 19, 2022)]
[Notices]
[Pages 63527-63528]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-22667]
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INTERNATIONAL TRADE COMMISSION
[Inv. No. 337-TA-1334]
Certain Raised Garden Beds and Components Thereof; Institution of
Investigation
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
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SUMMARY: Notice is hereby given that a complaint was filed with the
U.S. International Trade Commission on September 13, 2022, under
section 337 of the Tariff Act of 1930, as amended, on behalf of Vego
Garden, Inc. of Houston, Texas. On September 21, 2022, the complainant
filed a letter supplementing the complaint. On September 22, 2022, the
complainant filed an amended complaint. The amended complaint alleges
violations of section 337 based upon the importation into the United
States, and in the sale of, certain raised garden beds and components
thereof by reason of misappropriation of trade secrets and unfair
competition, the threat or effect of which is to destroy or
substantially injure a domestic industry. The complainant requests that
the Commission institute an investigation and, after the investigation,
issue a limited exclusion order and cease and desist orders.
ADDRESSES: The amended complaint, except for any confidential
information contained therein, 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#10555459432358757c605065637964733e777f66"><span class="__cf_email__" data-cfemail="397c7d706a0a715c5549794c4a504d5a175e564f">[email protected]</span></a>. 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 <a href="https://www.usitc.gov">https://www.usitc.gov</a>.
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 (2021).
Scope of Investigation: Having considered the amended complaint,
the U.S. International Trade Commission, on October 13, 2022, 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)(A) of section 337 in the
importation into the United States, or in the sale of, certain products
identified in paragraph (2) by reason of misappropriation of trade
secrets and unfair competition, the threat or effect of which is to
destroy or substantially injure a domestic industry in the United
States;
(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 ``raised metal garden
beds'';
(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: Vego Garden, Inc., 1521 Greens Road, Suite
# 100, Houston, TX 77032.
(b) The respondents are the following entities alleged to be in
violation of section 337, and are the parties upon which the amended
complaint is to be served:
Huizhou Green Giant Technology Co., Ltd., Xiao Ao Tou, Hong Tian
Management Area, Xin Yu Zhen, Hui Yang District, Hui Zhou, Guangdong,
China 516223.
Utopban International Trading Co., Ltd., d/b/a Vegega, 2646 River
Avenue, Suite #A, Rosemead, CA 91770.
Utopban Limited, UNIT 2 22/F Richmond Comm. Bldg, 109 Argyle Street,
Mongkok KL, Hong Kong 999077.
The Hydro Source Inc., d/b/a Forever Garden Beds, 4411 Rowland Avenue,
El Monte, CA 91731.
VegHerb, LLC, d/b/a Frame It All, 102 Lake Hickory Court, Cary, NC
27519.
(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 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 complainant 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
[[Page 63528]]
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: October 13, 2022.
Katherine Hiner,
Acting Secretary to the Commission.
[FR Doc. 2022-22667 Filed 10-18-22; 8:45 am]
BILLING CODE 7020-02-P
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</html>Indexed from Federal Register on October 19, 2022.
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