Notice2023-05264
Certain Compact Wallets and Components Thereof; Institution of Investigation
Primary source
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Published
March 15, 2023
Issuing agencies
International Trade Commission
Abstract
Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on February 6, 2023, under section 337 of the Tariff Act of 1930, as amended, on behalf of The Ridge Wallet LLC of Santa Monica, California. The complaint was supplemented on February 21, 2023. The 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 compact wallets and components thereof by reason of the infringement of certain claims of U.S. Patent No. 10,791,808 ("the '808 patent"). The complaint further alleges that an industry in the United States exists as required by the applicable Federal Statute. The complaint also alleges violations of section 337 based upon the importation into the United States, or in the sale of certain compact wallets and components thereof by reason of trade dress infringement, the threat or effect of which is to destroy or substantially injure an industry in the United States. 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, and cease and desist orders.
Full Text
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<title>Federal Register, Volume 88 Issue 50 (Wednesday, March 15, 2023)</title>
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[Federal Register Volume 88, Number 50 (Wednesday, March 15, 2023)]
[Notices]
[Pages 16030-16031]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-05264]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1355]
Certain Compact Wallets 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 February 6, 2023, under section
337 of the Tariff Act of 1930, as amended, on behalf of The Ridge
Wallet LLC of Santa Monica, California. The complaint was supplemented
on February 21, 2023. The 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 compact wallets and components thereof by
reason of the infringement of certain claims of U.S. Patent No.
10,791,808 (``the '808 patent''). The complaint further alleges that an
industry in the United States exists as required by the applicable
Federal Statute. The complaint also alleges violations of section 337
based upon the importation into the United States, or in the sale of
certain compact wallets and components thereof by reason of trade dress
infringement, the threat or effect of which is to destroy or
substantially injure an industry in the United States. 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, and cease and desist orders.
ADDRESSES: The 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#ce8b8a879dfd86aba2be8ebbbda7baade0a9a1b8"><span class="__cf_email__" data-cfemail="2762636e74146f424b576752544e534409404851">[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, (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 (2022).
Scope of Investigation: Having considered the complaint, the U.S.
International Trade Commission, on March 9, 2023, ordered that--
(1) Pursuant to subsection (b) of section 337 of the Tariff Act of
1930, as amended,
(a) 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 the sale of certain products identified in
paragraph (2) by reason of trade dress infringement, the threat or
effect of which is to destroy or substantially injure an industry in
the United States;
(b) 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 1-4,
9, and 12-17 of the '808 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
[[Page 16031]]
investigation, is ``two multi-piece panels held together with rivets,
where the two panels are connected and urged toward one another with an
elastic band.'';
(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:
The Ridge Wallet LLC, 2448 Main Street, Santa Monica, CA 90405
(b) The respondents are the following entities alleged to be in
violation of section 337, and are the parties upon which the complaint
is to be served:
Mosaic Brands, Inc., 1427 Vine Ln, Alamo, CA 94507-1153
Rosemar Enterprise LLC, d/b/a RossM Wallet, 333 E Amado Rd #253, Palm
Springs, CA 92263-0253
INSGG, dongxiaolian No. 553, Wensan Road, West Lake District, Room
2019, Zhejiang SME Building, hangzhou city, Zhejiang Province, 330009,
China
Shenzhen Swztech Co., Ltd d/b/a SWZA, 27E Building D, ZhongXin Garden,
Buji Town, Shenzhen, GuangDong, 518112, China
ARW, Room 312-320, 3rd Building XingHui, Technology Park, HuaLing West
Road, DaLang, LongHua, Shenzhen, Shenzhen, Guangdong, 518109, China
(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.
The Commission waives Rule 210.10(a)(1) as exceptional
circumstances precluded adherence to the 30-day deadline, and the
Commission's determination has been made as soon as possible after that
deadline. See 19 CFR 210.10(a)(2).
Responses to the 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 complaint and the notice of investigation.
Extensions of time for submitting responses to the 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 complaint and in this notice may be deemed to
constitute a waiver of the right to appear and contest the allegations
of the 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 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: March 9, 2023.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2023-05264 Filed 3-14-23; 8:45 am]
BILLING CODE 7020-02-P
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