Notice2024-26926
Certain Raised Garden Beds and Components Thereof; Notice of a Commission Determination Not To Review an Initial Determination Granting a Joint Motion for Termination of the Enforcement Proceeding Based on Settlement; Termination of the Enforcement Proceeding
Primary source
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Published
November 19, 2024
Issuing agencies
International Trade Commission
Abstract
Notice is hereby given that the U.S. International Trade Commission ("Commission") has determined not to review an initial determination ("ID") (Order No. 9) of the presiding administrative law judge ("ALJ") granting a joint motion to terminate the enforcement proceeding based on settlement. The enforcement proceeding is hereby terminated.
Full Text
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<title>Federal Register, Volume 89 Issue 223 (Tuesday, November 19, 2024)</title>
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[Federal Register Volume 89, Number 223 (Tuesday, November 19, 2024)]
[Notices]
[Pages 91422-91423]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-26926]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1334 (Enforcement)]
Certain Raised Garden Beds and Components Thereof; Notice of a
Commission Determination Not To Review an Initial Determination
Granting a Joint Motion for Termination of the Enforcement Proceeding
Based on Settlement; Termination of the Enforcement Proceeding
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
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SUMMARY: Notice is hereby given that the U.S. International Trade
Commission (``Commission'') has determined not to review an initial
determination (``ID'') (Order No. 9) of the presiding administrative
law judge (``ALJ'') granting a joint motion to terminate the
enforcement proceeding based on settlement. The enforcement proceeding
is hereby terminated.
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#85c0c1ccd6b6cde0e9f5c5f0f6ecf1e6abe2eaf3"><span class="__cf_email__" data-cfemail="3f7a7b766c0c775a534f7f4a4c564b5c11585049">[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: The Commission instituted the underlying
investigation on October 19, 2022, based on an amended complaint filed
by Vego Garden, Inc. of Houston, Texas (``Vego
[[Page 91423]]
Garden''). 87 FR 63527-28 (Oct. 19, 2022). The Commission determined to
investigate alleged violations of section 337 of the Tariff Act of
1930, as amended, 19 U.S.C. 1337, 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.
On March 21, 2024, the Commission issued a final determination
finding a violation of section 337 based on trade secret
misappropriation and false advertising. 89 FR 21270-71 (Mar. 27, 2024).
The Commission determined to issue a limited exclusion order (``LEO'')
directed to respondents Huizhou Green Giant Technology Co., Ltd.
(``Green Giant'') of Guangdong, China and Utopban Limited (``Utopban'')
of Hong Kong, and a cease and desist order (``CDO'') directed to
Utopban.
The Commission instituted an enforcement proceeding in this
investigation on June 26, 2024, based upon a complaint filed by Vego
Innovations, Inc. f/k/a Vego Garden (``Vego''). 89 FR 53443-44 (June
26, 2024). The complaint alleges that Green Giant and Utopban have
continued to import, sell, offer for sale, market, advertise,
distribute, transfer, and/or solicit agents or distributors for
products in violation of the LEO and CDO. Id. Green Giant and Utopban
were named as respondents in the enforcement proceeding, and the Office
of Unfair Import Investigations (``OUII'') was also named as a party.
Comm'n Order (June 20, 2024).
On October 3, 2024, Vego, Green Giant, and Utopban filed a joint
motion for termination of the enforcement proceeding based on a
settlement agreement. On October 11, 2024, OUII filed a response in
support of the motion. On October 17, 2024, the ALJ issued the subject
ID granting the joint motion for termination, attaching confidential
and public versions of the settlement agreement. The ALJ found that the
motion complied with the requirements of Commission Rule 210.21(b)(1)
(19 CFR 210.21(b)(1)). ID at 1-3. The ALJ also found that termination
``would not adversely affect the public interest.'' Id. at 3. No
petitions for review of the subject ID were filed.
The Commission has determined not to review the subject ID. The
enforcement proceeding is hereby terminated.
The Commission vote for this determination took place on November
13, 2024.
The authority for the Commission's determination is contained in
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: November 14, 2024.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2024-26926 Filed 11-18-24; 8:45 am]
BILLING CODE 7020-02-P
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