Notice2025-07082
Certain Hydrodermabrasion Systems and Components Thereof III; Notice of a Commission Determination Not To Review an Initial Determination Terminating the Investigation as to the Remaining Active Respondents Based on Settlement; Request for Written Submissions on Remedy, the Public Interest, and Bonding
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Published
April 24, 2025
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. 16) issued by the presiding administrative law judge ("ALJ") terminating the investigation as to the remaining active respondents based on settlement, and to request written submissions from the parties, interested government agencies, and interested persons, under the schedule set forth below, on remedy, the public interest, and bonding.
Full Text
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<title>Federal Register, Volume 90 Issue 78 (Thursday, April 24, 2025)</title>
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[Federal Register Volume 90, Number 78 (Thursday, April 24, 2025)]
[Notices]
[Pages 17259-17261]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-07082]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1417]
Certain Hydrodermabrasion Systems and Components Thereof III;
Notice of a Commission Determination Not To Review an Initial
Determination Terminating the Investigation as to the Remaining Active
Respondents Based on Settlement; Request for Written Submissions on
Remedy, the Public Interest, and Bonding
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. 16) issued by the presiding
administrative law judge (``ALJ'') terminating the investigation as to
the remaining active respondents based on settlement, and to request
written submissions from the parties, interested government agencies,
and interested persons, under the schedule set forth below, on remedy,
the public interest, and bonding.
FOR FURTHER INFORMATION CONTACT: Namo Kim, Esq., Office of the General
Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202) 205-3459. 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#3b7e7f726808735e574b7b4e48524f58155c544d"><span class="__cf_email__" data-cfemail="11545558422259747d615164627865723f767e67">[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 this investigation
on September 13, 2024, based on a complaint, as supplemented, filed by
HydraFacial LLC f/k/a Edge Systems LLC of Long Beach, California
(``HydraFacial''). 89 FR 74995-96 (September 13, 2024). The complaint,
as supplemented, alleges violations of section 337 of the Tariff Act of
1930, as amended, 19 U.S.C. 1337 (``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
hydrodermabrasion systems and components thereof by reason of the
infringement of certain claims of U.S. Patent No. 11,446,477 (``the
'477 patent''). Id. The complaint also asserts that a domestic industry
exists.
The Commission's notice of investigation names as respondents: Luvo
Medical Technologies Inc. of Ontario, Canada; Clarion Medical
Technologies, Inc. of Ontario, Canada; Healthcare Markets, Inc. d/b/a
Powered by MRP of Park City, Utah; Medical Purchasing Resource, LLC of
Little Elm, Texas; Bio-Infusions USA Inc. of Seminole, Florida;
MIRAmedtech UG of Neulingen, Germany; eMIRAmed USA, LLC of Irvine,
California; and MIRAmedtech SP. Z.O.O. of Warsaw, Poland. Id. The
Office of Unfair Import Investigations is not participating in this
investigation. Id.
[[Page 17260]]
On January 2, 2025, the Commission found respondent Medical
Purchasing Resource, LLC in default. Order No. 7 (Dec. 9, 2024),
unreviewed by Comm'n Notice (Jan. 2, 2025).
On February 6, 2025, the Commission found respondents Bio-Infusions
USA Inc., MIRAmedtech UG, eMIRAmed USA, LLC, and MIRAmedtech SP. Z.O.O.
in default. Order No. 13 (Jan. 17, 2025), unreviewed by Comm'n Notice
(Feb. 6, 2025).
On March 31, 2025, complainant HydraFacial and respondents Clarion
Medical Technologies, Inc., Luvo Medical Technologies, Inc., and
Healthcare Markets, Inc. d/b/a Powered by MRP filed a joint motion to
terminate the investigation as to those respondents based on a
settlement agreement. The parties stated that granting this joint
motion to terminate ``is in the interest of the public and
administrative economy.'' Joint Motion at 2-3.
On April 4, 2025, the ALJ issued the subject ID (Order No. 16)
pursuant to Commission Rule 210.21(a)(2) and (b), 19 CFR 210. 21(a)(2)
and (b), terminating the investigation as to Clarion Medical
Technologies, Inc., Luvo Medical Technologies, Inc., and Healthcare
Markets, Inc. d/b/a Powered by MRP based on a settlement agreement. The
ID finds that the motion complies with Commission rules, and that
``termination of this investigation will not adversely affect the
public interest.'' ID at 2-3.
On April 7, 2025, the ALJ issued an order (Order No. 18) stating
that all respondents in the investigation have been either terminated
based on settlement or found in default, and that HydraFacial confirmed
during a case management conference that it will request relief against
the defaulting respondents. In particular, HydraFacial stated it is not
seeking issuance of a general exclusion order. The parties also
confirmed that any outstanding motions for summary determination may be
denied as moot. The order denies those motions as moot, which resolves
all remaining issues pending before the ALJ, and certifies the record
to the Commission.
No party filed a petition for review of the subject ID (Order No.
16).
The Commission has determined not to review the subject ID. The
investigation is terminated as to Clarion Medical Technologies, Inc.,
Luvo Medical Technologies, Inc., and Healthcare Markets, Inc. d/b/a
Powered by MRP. As noted above, the Commission has previously found the
remaining respondents, Medical Purchasing Resource, LLC, Bio-Infusions
USA Inc., MIRAmedtech UG, eMIRAmed USA, LLC, and MIRAmedtech SP.
Z.O.O., to be in default.
In connection with the final disposition of this investigation, the
statute authorizes issuance of, inter alia, (1) an exclusion order that
could result in the exclusion of the subject articles from entry into
the United States; and/or (2) cease and desist orders that could result
in the respondents being required to cease and desist from engaging in
unfair acts in the importation and sale of such articles. Accordingly,
the Commission is interested in receiving written submissions that
address the form of remedy, if any, that should be ordered. If a party
seeks exclusion of an article from entry into the United States for
purposes other than entry for consumption, the party should so indicate
and provide information establishing that activities involving other
types of entry either are adversely affecting it or likely to do so.
For background, see Certain Devices for Connecting Computers via
Telephone Lines, Inv. No. 337-TA-360, USITC Pub. No. 2843, Comm'n Op.
at 7-10 (Dec. 1994).
The statute requires the Commission to consider the effects of that
remedy upon the public interest. The public interest factors the
Commission will consider include the effect that an exclusion order and
cease and desist orders would have on: (1) the public health and
welfare, (2) competitive conditions in the U.S. economy, (3) U.S.
production of articles that are like or directly competitive with those
that are subject to investigation, and (4) U.S. consumers. The
Commission is therefore interested in receiving written submissions
that address the aforementioned public interest factors in the context
of this investigation.
If the Commission orders some form of remedy, the U.S. Trade
Representative, as delegated by the President, has 60 days to approve,
disapprove, or take no action on the Commission's determination. See
Presidential Memorandum of July 21, 2005, 70 FR 43251 (July 26, 2005).
During this period, the subject articles would be entitled to enter the
United States under bond, in an amount determined by the Commission and
prescribed by the Secretary of the Treasury. The Commission is
therefore interested in receiving submissions concerning the amount of
the bond that should be imposed if a remedy is ordered.
Written Submissions: Parties to the investigation, interested
government agencies, and any other interested parties are encouraged to
file written submissions on the issues of remedy, the public interest,
and bonding. In the initial submission, HydraFacial is also requested
to identify the remedy sought and submit proposed remedial orders for
the Commission's consideration. HydraFacial is further requested to
state the date that the '477 patent expires, to provide the HTSUS
subheadings under which the accused products are imported, and to
supply the identification information for all known importers of the
products at issue in this investigation. The initial written
submissions and proposed remedial orders must be filed no later than
close of business on May 2, 2025. Reply submissions must be filed no
later than the close of business on May 9, 2025. No further submissions
on any of these issues will be permitted unless otherwise ordered by
the Commission.
Persons filing written submissions must file the original document
electronically on or before the deadlines stated above pursuant to 19
CFR 210.4(f). Submissions should refer to the investigation number
(``Inv. No. 337-TA-1417'') 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
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 with the
Commission and served on any parties to the investigation within two
business days of any confidential filing. 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
[[Page 17261]]
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.
The Commission vote for this determination took place on April 18,
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 21, 2025.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2025-07082 Filed 4-23-25; 8:45 am]
BILLING CODE 7020-02-P
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