Notice2023-15361
Certain Pillows and Seat Cushions, Components Thereof, and Packaging Thereof; Notice of Request for Submissions on the Public Interest
Primary source
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Published
July 20, 2023
Issuing agencies
International Trade Commission
Abstract
Notice is hereby given that on July 13, 2023, the presiding administrative law judge ("ALJ") issued an Initial Determination granting Complainant Purple Innovation, LLC's motion for summary determination on violation and a Recommended Determination on remedy and bonding ("ID/RD"). The Commission is soliciting submissions on public interest issues raised by the recommended relief should the Commission find a violation. This notice is soliciting comments from the public only.
Full Text
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<title>Federal Register, Volume 88 Issue 138 (Thursday, July 20, 2023)</title>
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[Federal Register Volume 88, Number 138 (Thursday, July 20, 2023)]
[Notices]
[Pages 46811-46812]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-15361]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1328]
Certain Pillows and Seat Cushions, Components Thereof, and
Packaging Thereof; Notice of Request for Submissions on the Public
Interest
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
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SUMMARY: Notice is hereby given that on July 13, 2023, the presiding
administrative law judge (``ALJ'') issued an Initial Determination
granting Complainant Purple Innovation, LLC's motion for summary
determination on violation and a Recommended Determination on remedy
and bonding (``ID/RD''). The Commission is soliciting submissions on
public interest issues raised by the recommended relief should the
Commission find a violation. This notice is soliciting comments from
the public only.
FOR FURTHER INFORMATION CONTACT: Edward S. Jou, Esq., Office of the
General Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202) 205-3316. 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#9fdadbd6ccacd7faf3efdfeaecf6ebfcb1f8f0e9"><span class="__cf_email__" data-cfemail="5c1918150f6f1439302c1c292f35283f723b332a">[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
on (202) 205-1810.
SUPPLEMENTARY INFORMATION: Section 337 of the Tariff Act of 1930
provides that, if the Commission finds a violation, it shall exclude
the articles concerned from the United States unless, after considering
the effect of such exclusion upon the public health and welfare,
competitive conditions in the United States economy, the production of
like or directly competitive articles in the United States, and United
States consumers, it finds that such articles should not be excluded
from entry. (19 U.S.C. 1337(d)(1)). A similar provision applies to
cease and desist orders. (19 U.S.C. 1337(f)(1)).
The Commission is soliciting submissions on public interest issues
raised by the recommended relief should the Commission find a
violation. The ALJ recommended the issuance of a limited exclusion
order (``LEO'') directed to certain pillows and seat cushions,
components thereof, and packaging thereof that infringe certain claims
of U.S. Patent No. 10,863,837 imported, sold for importation, and/or
sold after importation by respondent Foshan Dirani Design Furniture
Co., Ltd. In addition, the ALJ recommended the issuance of a general
exclusion order (``GEO'') directed to certain pillows and seat
cushions, components thereof, and packaging thereof that infringe
certain claims of U.S. Patent No. 10,772,445 (the ``445 patent''). In
the alternative, the ALJ recommended the issuance of a LEO as to
subject products that infringe the '445 patent imported, sold for
importation, and/or sold after importation by respondents Dongguan
Jingrui Silicone Technology Co., Ltd., Hangzhou Lydia Sports Goods Co.,
Ltd., or Shenzhen Leadfar Industry Co. Ltd. Regardless of whether a GEO
or LEO issues, the ALJ also recommended the issuance of cease and
desist orders as to each of the respondents.\1\ The ALJ further
recommended that bond during the Presidential review period be set at
one hundred percent (100%) of the entered value of subject products.
Parties are to file public interest submissions pursuant to 19 CFR
210.50(a)(4).
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\1\ The respondents addressed in the ID/RD are Foshan Dirani
Design Furniture Co., Ltd., Dongguan Jingrui Silicone Technology
Co., Ltd., Hangzhou Lydia Sports Goods Co., Ltd., and Shenzhen
Leadfar Industry Co. Ltd., who were each found in default pursuant
to Order No. 16 (Jan. 11, 2023), unreviewed by Comm'n Notice (Feb.
8, 2023), and Order No. 21 (Mar. 8, 2023), unreviewed by Comm'n
Notice (Mar. 30, 2023).
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The Commission is interested in further development of the record
on the public interest in this investigation. Accordingly, members of
the public are invited to file submissions of no more than five (5)
pages, inclusive of attachments, concerning the public interest in
light of the ALJ's ID/RD. Comments should address whether issuance of
the recommended remedial orders in this investigation, should the
Commission find a violation, would affect the public health and welfare
in the United States, competitive conditions in the United States
economy, the production of like or directly competitive articles in the
United States, or United States consumers.
In particular, the Commission is interested in comments that:
(i) explain how the articles potentially subject to the recommended
remedial orders are used in the United States;
(ii) identify any public health, safety, or welfare concerns in the
United States relating to the recommended orders;
(iii) identify like or directly competitive articles that
complainant, its licensees, or third parties make in the United States
which could replace the subject articles if they were to be excluded;
(iv) indicate whether complainant, complainant's licensees, and/or
third-party suppliers have the capacity to replace the volume of
articles potentially subject to the recommended orders within a
commercially reasonable time; and
(v) explain how the recommended orders would impact consumers in
the United States.
Written submissions must be filed no later than by close of
business on August 14, 2023.
Persons filing written submissions must file the original document
electronically on or before the deadlines stated above. The
Commission's paper filing requirements in 19 CFR 210.4(f) are currently
waived. 85 FR 15798 (Mar. 19, 2020). Submissions should refer to the
investigation number (``Inv. No. 337-TA-1328'') in a prominent place on
the cover page and/or the first page. (See Handbook for Electronic
Filing Procedures, <a href="https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf">https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf</a>). Persons with questions regarding
filing should contact the Secretary (202-205-2000).
Any person desiring to submit a document to the Commission in
confidence must request confidential treatment by marking each document
[[Page 46812]]
with a header indicating that the document contains confidential
information. This marking will be deemed to satisfy the request
procedure set forth in Rules 201.6(b) and 210.5(e)(2) (19 CFR 201.6(b)
& 210.5(e)(2)). Documents for which confidential treatment by the
Commission is properly sought will be treated accordingly. Any non-
party wishing to submit comments containing confidential information
must serve those comments on the parties to the investigation pursuant
to the applicable Administrative Protective Order. A redacted non-
confidential version of the document must also be filed simultaneously
with any confidential filing and must be served in accordance with
Commission Rule 210.4(f)(7)(ii)(A) (19 CFR 210.4(f)(7)(ii)(A)). All
information, including confidential business information and documents
for which confidential treatment is properly sought, submitted to the
Commission for purposes of this investigation may be disclosed to and
used: (i) by the Commission, its employees and Offices, and contract
personnel (a) for developing or maintaining the records of this or a
related proceeding, or (b) in internal investigations, audits, reviews,
and evaluations relating to the programs, personnel, and operations of
the Commission including under 5 U.S.C. Appendix 3; or (ii) by U.S.
government employees and contract personnel, solely for cybersecurity
purposes. All contract personnel will sign appropriate nondisclosure
agreements. All nonconfidential written submissions will be available
for public inspection on EDIS.
This action is taken under the authority of 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: July 14, 2023.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2023-15361 Filed 7-19-23; 8:45 am]
BILLING CODE 7020-02-P
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