Notice2024-20275
Certain Pre-Stretched Synthetic Braiding Hair and Packaging Therefor; Notice of Institution of Investigation
Primary source
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Published
September 9, 2024
Issuing agencies
International Trade Commission
Abstract
Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on August 2, 2024, under section 337 of the Tariff Act of 1930, as amended, on behalf of JBS Hair, Inc. of Atlanta, Georgia. A supplement to the complaint was filed on August 19, 2024. 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 pre-stretched synthetic braiding hair and packaging therefor by reason of the infringement of certain claims of U.S. Patent No. 10,786,026 ("the '026 patent"); U.S. Patent No. 10,945,478 ("the '478 patent"); and U.S. Patent No. 10,980,301 ("the '301 patent"). The complaint further alleges that an industry in the United States exists as required by the applicable Federal Statute. 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 174 (Monday, September 9, 2024)</title>
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[Federal Register Volume 89, Number 174 (Monday, September 9, 2024)]
[Notices]
[Pages 73123-73124]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-20275]
[[Page 73123]]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1415]
Certain Pre-Stretched Synthetic Braiding Hair and Packaging
Therefor; Notice of 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 August 2, 2024, under section
337 of the Tariff Act of 1930, as amended, on behalf of JBS Hair, Inc.
of Atlanta, Georgia. A supplement to the complaint was filed on August
19, 2024. 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 pre-stretched synthetic braiding hair and packaging therefor by
reason of the infringement of certain claims of U.S. Patent No.
10,786,026 (``the '026 patent''); U.S. Patent No. 10,945,478 (``the
'478 patent''); and U.S. Patent No. 10,980,301 (``the '301 patent'').
The complaint further alleges that an industry in the United States
exists as required by the applicable Federal Statute. 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, as supplemented, 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#1f5a5b564c2c577a736f5f6a6c766b7c31787069"><span class="__cf_email__" data-cfemail="3f7a7b766c0c775a534f7f4a4c564b5c11585049">[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 September 3, 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 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 and 9-11 of the '026 patent; claim 20 of the '478 patent; and
claims 1, 4-9, and 11 of the '301 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 investigation, is ``pre-stretched
synthetic braiding hair products having a substantially cardioid shaped
perimeter formed by hackling and pre-stretching synthetic hair strands
having different lengths and packaging for such products'';
(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:
JBS Hair, Inc., 3587 Oakcliff Road, Atlanta, Georgia 30340-3014.
(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:
Sun Taiyang Co., Ltd. (d/b/a Outre[supreg]), 85 Oxford Drive,
Moonachie, New Jersey 07074.
Beauty Elements Corporation (d/b/a Bijouz[supreg]), 5517 NW 163rd
Street, Miami Gardens, Florida 33014.
Hair Zone, Inc. (d/b/a Sensationnel[supreg]), 10 State Street,
Moonachie, New Jersey 07074.
Beauty Essence, Inc. (d/b/a Supreme<SUP>TM</SUP> Hair US), 60 Oxford
Drive, Moonachie, New Jersey 07074.
SLI Production Corp. (d/b/a It's a Wig!), 7 Capital Drive, Moonachie,
New Jersey 07074.
Royal Imex, Inc. (d/b/a Zury[supreg] Hollywood), 12605 Clark Street,
Santa Fe Springs, California 90670.
GS Imports, Inc. (d/b/a Golden State Imports, Inc.), 7112 Alondra
Blvd., Paramount, California 90723.
Eve Hair, Inc., 3935 Paramount Blvd., Lakewood, California 90712.
Kum Kang Trading USA, Inc. (d/b/a BNGHAIR), 6422 Alondra Blvd.,
Paramount, California 90723.
Midway International, Inc. (d/b/a BOBBI BOSS), 13131 E 166th Street,
Cerritos, California 90703.
Mayde Beauty Inc., 85 Harbor Road, Port Washington, New York 11050.
Hair Plus Trading Co., Inc. (d/b/a Femi Collection), 1327 Northbrook
Parkway, Ste. 410, Suwanee, Georgia 30024.
Optimum Solution Group LLC (d/b/a Oh Yes Hair), 4070 Buford Hwy., Suite
#4, Duluth, Georgia 30096.
Chois International, Inc., 4320 International Blvd., Norcross, Georgia
30093.
Twin Peak International, Inc. (d/b/a Dejavu Hair), 4340 Pleasantdale
Road, Atlanta, Georgia 30340-3001.
Loc N Products, LLC, 142 Mangum Street SW, Atlanta, Georgia 30313.
Crown Pacific Group Inc., 3121 Oakcliff Industrial Street, Doraville,
Georgia 30340.
Vivace, Inc. (d/b/a Dae Do Inc.), 124 Gate Lane, Levittown, New York
11756.
A-Hair Import Inc., 6423 Warren Drive, Norcross, GA 30093.
Chade Fashions, Inc., 6400 W Gross Point Road, Niles, Illinois 60714.
Mink Hair, Ltd. (d/b/a Sensual[supreg] Collection), 71 Riverview Drive,
Wayne, New Jersey 07470.
Mane Concept Inc., 24 Empire Blvd., Moonachie, New Jersey 07074.
Oradell International Corp. (d/b/a MOTOWN TRESS), 3 Beaver Creek
Street, Manalapan, New Jersey 07726.
Beauty Plus Trading Co., Inc. (d/b/a Janet Collection<SUP>TM</SUP>),
210 W Commercial Avenue, Moonachie, New Jersey 07074.
Model Model Hair Fashion, Inc., 83 Harbor Road, Port Washington, New
York 11050.
New Jigu Trading Corp. (d/b/a Harlem 125[supreg]), 10 Harbor Road, Port
Washington, New York 11050.
Shake N Go Fashion, Inc., 85 Harbor Road, Port Washington, New York
11050.
Amekor Industries, Inc. (d/b/a Vivica A. Fox[supreg] Hair Collection),
500 Brook Road, Ste. 100, Conshohocken, Pennsylvania 19428.
I & I Hair Corp., 4215 Mcewen Road, Dallas, Texas 75244.
[[Page 73124]]
Zugoo Import Inc., 6670 Jones Mill Court, Suite C, Norcross, Georgia
30092.
(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: September 4, 2024.
Sharon Bellamy,
Supervisory Hearings and Information Officer.
[FR Doc. 2024-20275 Filed 9-6-24; 8:45 am]
BILLING CODE 7020-02-P
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</html>Indexed from Federal Register on September 9, 2024.
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