Notice2025-06335
Certain Eye Cosmetics and Packaging Therefor; Notice of Commission Final Determination; Issuance of a Limited Exclusion Order; Termination of Investigation
Primary source
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Published
April 14, 2025
Issuing agencies
International Trade Commission
Abstract
Notice is hereby given that the U.S. International Trade Commission ("Commission") has determined to issue a limited exclusion order ("LEO") barring entry of certain eye cosmetics and packaging therefor that are imported by or on behalf of the following respondents previously found in default: Kaibeauty of Taipei City, Taiwan; I'll Global Co., Ltd of Seoul, South Korea; Hikari Laboratories, Ltd. of Bnei Atarot, Israel; and Kelz Beauty of Budapest, Hungary (collectively, "the Defaulting Respondents"). The investigation is terminated.
Full Text
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<title>Federal Register, Volume 90 Issue 70 (Monday, April 14, 2025)</title>
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[Federal Register Volume 90, Number 70 (Monday, April 14, 2025)]
[Notices]
[Pages 15576-15577]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-06335]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1407]
Certain Eye Cosmetics and Packaging Therefor; Notice of
Commission Final Determination; Issuance of a Limited Exclusion Order;
Termination of Investigation
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 to issue a limited exclusion
order (``LEO'') barring entry of certain eye cosmetics and packaging
therefor that are imported by or on behalf of the following respondents
previously found in default: Kaibeauty of Taipei City, Taiwan; I'll
Global Co., Ltd of Seoul, South Korea; Hikari Laboratories, Ltd. of
Bnei Atarot, Israel; and Kelz Beauty of Budapest, Hungary
(collectively, ``the Defaulting Respondents''). The investigation is
terminated.
FOR FURTHER INFORMATION CONTACT: B. Rashmi Borah, Esq., Office of the
General Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202) 205-2518. Copies of non-
confidential documents filed in connection with the 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#6e2b2a273d5d260b021e2e1b1d071a0d40090118"><span class="__cf_email__" data-cfemail="ce8b8a879dfd86aba2be8ebbbda7baade0a9a1b8">[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: On July 16, 2024, the Commission instituted
the present investigation based on a complaint, as supplemented, filed
by Amarte USA Holdings, Inc. of Redding, California (``Complainant''),
alleging violations of section 337 of the Tariff Act of 1930, as
amended, 19 U.S.C. 1337 (``section 337''), due to the importation into
the United States, sale for importation, or sale in the United States
after importation of certain eye cosmetics and packaging thereof that
allegedly infringe U.S. Trademark Registration No. 4,328,655 (``the
Asserted Trademark''), as well as unfair competition and false
advertising, the threat or effect of which is to destroy or
substantially injure an industry in the United States. 89 FR 57942-43
(July 16, 2024). The complaint alleges that a domestic industry exists.
The notice of investigation names, in addition to the Defaulting
Respondents, the following respondents: Bourne & Morgan Ltd. of London,
United Kingdom (``Bourne & Morgan''); Iman Cosmetics of London, United
Kingdom (``Iman Cosmetics''); MZ Skin Ltd. of Hertfordshire, United
Kingdom (``MZ Skin''); Strip Lashed of South Yorkshire, United Kingdom
(``Strip Lashed''); and Unilever PLC of Merseyside, United Kingdom,
Unilever United States, Inc. of Englewood Cliffs, New Jersey, and
Carver Korea Co., Ltd. of Seoul, South Korea (collectively,
``Unilever''). The Office of Unfair Import Investigations (``OUII'') is
also named as a party to the investigation.
The Commission partially terminated the investigation as to the
non-defaulting respondents based on settlement agreements, consent
orders, or withdrawal of the complaint. See Order No. 9 (Sept. 6,
2024), unreviewed by Comm'n Notice (Oct. 7, 2024)
[[Page 15577]]
(terminating Unilever based on settlement); Order No. 10 (Sept. 10.
2024), unreviewed by Comm'n Notice (Oct. 8, 2024) (terminating Strip
Lashed based on a consent order); Order No. 14 (Oct. 15, 2024),
unreviewed by Comm'n Notice (Nov. 1, 2024) (terminating MZ Skin based
on settlement); Order No. 15 (Nov. 1, 2024), unreviewed by Comm'n
Notice (Nov. 22, 2024) (terminating Iman Cosmetics based on withdrawal
of the complaint); Order No. 17 (Dec. 23, 2024), unreviewed by Comm'n
Notice (Jan. 14, 2025) (terminating Bourne & Morgan based on a consent
order). Accordingly, only the Defaulting Respondents remain in the
investigation.
On January 31, 2025, the Commission found the Defaulting
Respondents in default pursuant to Commission Rule 210.16. Order No. 19
(Jan. 7, 2025), unreviewed by Comm'n Notice (Jan. 31, 2025).
On January 26, 2025, Complainant filed a declaration under
Commission Rule 210.16 (19 CFR 210.16) requesting the immediate entry
of limited exclusion orders against the Defaulting Respondents. EDIS
Doc. ID. 841793 (Jan. 26, 2025). Complainant indicated pursuant to 19
CFR 210.16(c)(2) that it is not seeking a general exclusion order. Id.
No response to Complainant's declaration was received.
On February 20, 2025, the Commission issued a notice requesting
written submissions on remedy, the public interest and bonding from the
parties and from any other interested third party or government
agencies. See 90 FR 10640-41 (Feb. 25, 2025) (``Remedy Notice''). On
March 6, 2025, Complainant and OUII filed written submissions in
response to the Commission's Remedy Notice. On March 13, 2025, OUII
filed a reply to Complainant's submission. No other responses were
submitted in response to the Remedy Notice.
When the conditions in section 337(g)(1)(A)-(E) (19 U.S.C.
1337(g)(1)(A)-(E)) have been satisfied, section 337(g)(1) and
Commission Rule 210.16(c) (19 CFR 210.16(c)) direct the Commission,
upon request, to issue a limited exclusion order or a cease and desist
order or both against a respondent found in default, based on the
allegations regarding a violation of section 337 in the Complaint,
which are presumed to be true, unless after consideration of the public
interest factors in section 337(g)(1), it finds that such relief should
not issue.
Having examined the record of this investigation, including the
parties' submissions in response to the Remedy Notice, the Commission
has determined pursuant to section 337(g)(1) (19 U.S.C. 1337(g)(1))
that the appropriate remedy in this investigation is an LEO prohibiting
the unlicensed entry of certain eye cosmetics and packaging therefor
that infringe Complainant's Asserted Trademark, or constitute unfair
competition under 15 U.S.C. 1125(a), the threat or effect of which is
to destroy or substantially injure an industry in the United States and
that are imported by or on behalf of the Defaulting Respondents. The
Commission has determined that the public interest factors enumerated
in section 337(g)(1) do not preclude the issuance of the LEO. Although
Complainant requested the Commission to issue cease and desist orders
(``CDOs'') directed to the Defaulting Respondents, the Commission has
determined not to issue CDOs because of the lack of evidence or
allegations that the Defaulting Respondents maintain commercially
significant inventories and/or engage in significant commercial
operations in the United States.
Chair Karpel agrees that section 337(g)(1) is the appropriate
authority for issuance of relief in this investigation, but disagrees
with the determination not to issue the CDOs requested by Complainant.
Specifically, Chair Karpel supports issuance of both the requested LEO
and the requested CDOs against the Defaulting Respondents because the
criteria for issuance of such relief under section 337(g)(1)(A)-(E) are
met as to these respondents. (19 U.S.C. 1337(g)(1)(A)-(E); see Order
No. 19 (Jan. 7, 2025), unreviewed by Comm'n Notice (Jan. 31, 2025).
Here, in addition to an exclusion order, Amarte has requested CDOs as
to these Defaulting Respondents in its remedy submissions before the
Commission. Given that sections 337(g)(1)(A)-(E) are satisfied, in
Chair Karpel's view, the statute directs the Commission to issue the
requested CDOs, subject to consideration of the public interest. Chair
Karpel further finds that the public interest factors enumerated in
section 337(g)(1) do not preclude the issuance of the CDOs directed to
the Defaulting Respondents. Accordingly, Chair Karpel supports issuance
of the CDOs, in addition to the issuance of the LEO discussed above,
under section 337(g)(1).
The Commission has further determined that the bond during the
period of Presidential review pursuant to section 337(j) (19 U.S.C.
1337(j)) shall be in the amount of 100 percent of the entered value of
the imported articles that are subject to the LEO. The investigation is
terminated.
The Commission vote for this determination took place on April 9,
2025.
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: April 9, 2025.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2025-06335 Filed 4-11-25; 8:45 am]
BILLING CODE 7020-02-P
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