Notice2024-15630
Certain Eye Cosmetics and Packaging Therefor; Notice of Institution of Investigation
Primary source
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Published
July 16, 2024
Issuing agencies
International Trade Commission
Abstract
Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on May 20, 2024, under section 337 of the Tariff Act of 1930, as amended, on behalf of Amarte USA Holdings, Inc. of Redding, California. An amended complaint was filed on May 31, 2024, a second amended complaint was filed on June 7, 2024, and a supplement was filed on June 28, 2024. 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 eye cosmetics and packaging therefor by reason of the infringement of U.S. Trademark Registration No. 4,328,655 ("the '655 mark"). The second amended complaint also alleges that an industry in the United States exists as required by the applicable Federal Statute. The second amended complaint further alleges violations of section 337 based upon the importation into the United States, or in the sale of certain eye cosmetics and packaging therefor by reason of unfair competition and false advertising, 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 order, and cease and desist orders.
Full Text
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<title>Federal Register, Volume 89 Issue 136 (Tuesday, July 16, 2024)</title>
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[Federal Register Volume 89, Number 136 (Tuesday, July 16, 2024)]
[Notices]
[Pages 57942-57943]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-15630]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1407]
Certain Eye Cosmetics and Packaging Therefor; Notice of
Institution of Investigation
AGENCY: 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 May 20, 2024, under section 337
of the Tariff Act of 1930, as amended, on behalf of Amarte USA
Holdings, Inc. of Redding, California. An amended complaint was filed
on May 31, 2024, a second amended complaint was filed on June 7, 2024,
and a supplement was filed on June 28, 2024. 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
[[Page 57943]]
the United States after importation of certain eye cosmetics and
packaging therefor by reason of the infringement of U.S. Trademark
Registration No. 4,328,655 (``the '655 mark''). The second amended
complaint also alleges that an industry in the United States exists as
required by the applicable Federal Statute. The second amended
complaint further alleges violations of section 337 based upon the
importation into the United States, or in the sale of certain eye
cosmetics and packaging therefor by reason of unfair competition and
false advertising, 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 order, 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#95d0d1dcc6a6ddf0f9e5d5e0e6fce1f6bbf2fae3"><span class="__cf_email__" data-cfemail="10555459432358757c605065637964733e777f66">[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 (2024).
Scope of Investigation: Having considered the complaint, the U.S.
International Trade Commission, on July 10, 2024, ordered that--
(1) Pursuant to subsection (b) of section 337 of the Tariff Act of
1930, as amended, an investigation be instituted to determine:
(a) whether there is a violation of subsection (a)(1)(C) 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 the '655 mark, and whether an industry in the United States exists
as required by subsection (a)(2) of section 337; and
(b) 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 unfair
competition or false advertising, the threat or effect of which is to
destroy or substantially injure an 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 ``eye cosmetics, i.e.,
eye creams, eye palettes, eye kits, eye patches, eye serums and eye
lashes'';
(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: Amarte USA Holdings, Inc., 1731 California
St., Redding, California 96001.
(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:
Unilever PLC, Port Sunlight, Wirral, Merseyside CH62 4ZD, United
Kingdom
Unilever United States, Inc., 800 Sylvan Avenue, Englewood Cliffs, New
Jersey 07632
Carver Korea Co., Ltd., 81 Tojeong-ro 31-gil, Mapo-gu, Seoul (Daeheung-
dong), South Korea
Bourne & Morgan Ltd., 71-75 Shelton Street, Covent Garden, London,
United Kingdom, WC2H 9JQ
MZ Skin Ltd., 5 Elstree Gate, Elstree Way, Borehamwood, Hertfordshire,
United Kingdom, WD61JD
Kaibeauty, 104 Nanjing W Rd., Zhongshan District, Taipei City, Taiwan
10491
I'll Global Co., Ltd., 3F, Samdeok Bldg., 315, Sinbanporro, Seocho-gu,
Seoul, South Korea 06546
Hikari Laboratories Ltd., 207 Rishonim Street, Bnei Atarot 60991,
Israel
Iman Cosmetics, P.O. Box 6867, London, Greater London, E14 5AN, United
Kingdom; and, 363 7th Ave Suite 8, New York, NY 10001
Strip Lashed, 38 Main Street, Rawmarsh, Rotherham, South Yorkshire, S62
50W, United Kingdom
Kelz Beauty, Almassy Ter 11, 1077, Budapest, Hungary
(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 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: July 11, 2024.
Sharon Bellamy,
Supervisory Hearings and Information Officer.
[FR Doc. 2024-15630 Filed 7-15-24; 8:45 am]
BILLING CODE 7020-02-P
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