Notice2025-08887
Certain Flash-Spun Nonwoven Materials and Products Containing Same; Notice of Commission Determination Not To Review an Initial Determination Granting Complainants' Unopposed Motion To Amend the Complaint and Notice of Investigation
Primary source
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Published
May 19, 2025
Issuing agencies
International Trade Commission
Abstract
Notice is hereby given that the U.S. International Trade Commission has determined not to review an initial determination ("ID") (Order No. 25) of the presiding administrative law judge ("ALJ") issued in the above-captioned investigation granting complainants' unopposed motion to amend the complaint and notice of investigation ("NOI") to add allegations of trade secret misappropriation and wrongful use and exploitation of proprietary information against respondents Impak Corporation ("Impak") and Jiangsu Tubo New Material Co., Ltd. ("Jiangsu Tubo"); add TOBO Group as a new respondent; update the addresses for Jiangsu Tubo and Hangzhou Several Sets of Electronic Commerce Co., Ltd. ("JGT Live") to reflect where service was effected; and make certain non-substantive amendments to the complaint.
Full Text
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<title>Federal Register, Volume 90 Issue 95 (Monday, May 19, 2025)</title>
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[Federal Register Volume 90, Number 95 (Monday, May 19, 2025)]
[Notices]
[Pages 21334-21335]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-08887]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1424]
Certain Flash-Spun Nonwoven Materials and Products Containing
Same; Notice of Commission Determination Not To Review an Initial
Determination Granting Complainants' Unopposed Motion To Amend the
Complaint and Notice 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 has determined not to review an initial determination
(``ID'') (Order No. 25) of the presiding administrative law judge
(``ALJ'') issued in the above-captioned investigation granting
complainants' unopposed motion to amend the complaint and notice of
investigation (``NOI'') to add allegations of trade secret
misappropriation and wrongful use and exploitation of proprietary
information against respondents Impak Corporation (``Impak'') and
Jiangsu Tubo New Material Co., Ltd. (``Jiangsu Tubo''); add TOBO Group
as a new respondent; update the addresses for Jiangsu Tubo and Hangzhou
Several Sets of Electronic Commerce Co., Ltd. (``JGT Live'') to reflect
where service was effected; and make certain non-substantive amendments
to the complaint.
FOR FURTHER INFORMATION CONTACT: Richard P. Hadorn, Esq., Office of the
General Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202) 205-3179. 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#96d3d2dfc5a5def3fae6d6e3e5ffe2f5b8f1f9e0"><span class="__cf_email__" data-cfemail="84c1c0cdd7b7cce1e8f4c4f1f7edf0e7aae3ebf2">[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, telephone (202) 205-1810.
SUPPLEMENTARY INFORMATION: The Commission instituted this investigation
on November 21, 2024, based on a complaint filed by DuPont de Nemours,
Inc., DuPont Safety & Construction, Inc., and DuPont Specialty Products
USA, LLC (collectively, ``DuPont''), all of Wilmington, Delaware. 89 FR
92159-60 (Nov. 21, 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 on the importation into the United
States, the sale for importation, and the sale within the United States
after importation of certain flash-spun nonwoven materials and products
containing the same by reason of (i) misappropriation of trade secrets
and wrongful use and exploitation of stolen confidential and
proprietary information, the threat or effect of which is to destroy or
substantially injure an industry in the United States, and (ii)
infringement of U.S. Trademark Registration Nos. 817,194; 818,688;
818,737; and 7,370,316. Id. at 92159. The complaint further alleges
that a domestic industry exists. Id.
The NOI names 18 respondents: (1) Xiamen Dangs New-Materials Co.,
Ltd. AKA Dawnsens New Materials Co., Ltd. of Xiamen, Fujian, China;
Beijing Dangsheng Technology Co., Ltd. of Beijing, Beijing, China;
Xiamen Dangsheng Technology Co., Ltd. of Xiamen, Fujian, China
(collectively, ``Dangs''); (2) Kingwills New Material Technology Co.,
Ltd. of Nantong, Jiangsu, China; Zhejiang Qingyun New Material Co.,
Ltd. of Jiaxing, Zhejiang, China; Jiangsu Qingyun New Materials Co.,
Ltd. AKA Jiangsu Kingwills New Materials Co., Ltd. of Nantong, Jiangsu,
China; Shanghai Qingyun New Material Technology Co., Ltd. of Shanghai,
Shanghai, China; and Kingwills International Ltd. of Kowloon, Hong
Kong, China (collectively, ``Kingwills''); (3) Harbourpoint Innovations
Inc. (``Harbourpoint'') of Raleigh, North Carolina; (4) Impak of Los
Angeles, California; (5) Shenzhen Zhengming Science and Technology Co.,
Ltd. (``Shenzhen Zhengming'') of Huizhou, Guangdong, China; (6) Weifang
Konzer Safety Protective Equipment Co., Ltd. of Anqiu, Shandong, China;
(7) Jiangsu Tubo of Kunshan, Jiangsu, China; (8) Emedia Group. Inc.
(``Emedia'') of Greenville, South Carolina; (9) endur-tec, LLC
(``endur-tec'') of Anderson, South Carolina; (10) JGT Live of Yuhang,
Hangzhou, China; (11) Hangzhou Qiao Shell Digital Technology Co., Ltd.
of Yuhang, Hangzhou, China; and (12) Zhenping County Weihe Commerce and
Trade Co., Ltd. of Zhenping, Nanyang, China. Id. at 92159-60. The
Office of Unfair Import Investigations (``OUII'') is also named as a
party to this investigation. Id. at 92160.
On February 21, 2025, the Commission terminated the investigation
as to Harbourpoint, Shenzhen Zhengming, Emedia, and endur-tec based on
consent orders. Order Nos. 10 (Jan. 22, 2025) (as to Harbourpoint), 11
(Jan. 22, 2025) (as to Shenzhen Zhengming), 12 (Jan. 22, 2025) (as to
Emedia and endur-tec), unreviewed by Comm'n Notice (Feb. 21, 2025).
On March 27, 2025, DuPont filed a motion for leave to amend the
complaint and NOI. First, the motion seeks to add allegations of (i)
trade secret misappropriation and (ii) wrongful use and exploitation of
proprietary information against Impak and Jiangsu Tubo. Second, the
motion seeks to add TOBO Group of Shanghai, China as a new respondent.
Third, the motion seeks to update the addresses for Jiangsu Tubo and
JGT Live to reflect where service was effected. Fourth, the motion
seeks to make certain amendments to the complaint to reflect (i)
``DuPont's supplementation [to the complaint] on October 29, 2024
(submitting Ex. 92; referencing Ex. 92 in paragraph 7, correcting a few
citations'),'' (ii) ``minor typographical corrections to addresses of
certain [r]espondents,'' and (iii) ``updating counsel of record.'' On
April 7, 2025, Kingwills filed a response stating that ``[w]hile
Kingwills disputes the merits of DuPont's proposed allegations
implicating Kingwills' products, Kingwills does not oppose the proposed
amendments.'' That same day, OUII filed a response in support of the
motion. No other responses to the motion were filed.
On April 22, 2025, the ALJ issued the subject ID (Order No. 25)
granting the unopposed motion. The ID finds that, in accordance with
Commission Rule 210.14(b) (19 CFR 210.14(b)), good cause exists for
DuPont's amendments to the complaint and NOI and that neither the
parties nor the public interest will be prejudiced. The ID notes that
the new allegations against Impak and Jiangsu Tubo and adding TOBO
Group as a new respondent are based on facts that ``were not available
to DuPont until recently'' and other ``recently obtained evidence'';
that updating the addresses for Jiangsu Tubo and JGT Live ``will ensure
a complete and accurate record''; and that DuPont's remaining
amendments to the complaint are non-
[[Page 21335]]
substantive, unopposed, and non-prejudicial. No petitions for review of
the subject ID were filed.
The Commission has determined not to review the subject ID. The
complaint and NOI are amended to (i) add allegations of trade secret
misappropriation and wrongful use and exploitation of proprietary
information against Impak and Jiangsu Tubo, (ii) add TOBO Group as a
new respondent, and (iii) update the addresses for Jiangsu Tubo and JGT
Live to reflect where service was effected. The complaint is also
amended to reflect ``DuPont's supplementation on October 29, 2024
(submitting Ex. 92; referencing Ex. 92 in paragraph 7, correcting a few
citations)'' and DuPont's requested ``minor typographical corrections
to addresses of certain [r]espondents'' and ``updating [of] counsel of
record.''
The Commission vote for this determination took place on May 13,
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: May 14, 2025.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2025-08887 Filed 5-16-25; 8:45 am]
BILLING CODE 7020-02-P
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