Certain Shapewear Garments; Notice of a Commission Determination Not To Review an Initial Determination Terminating the Investigation Based on Consent Order; Termination of Investigation
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Issuing agencies
Abstract
Notice is hereby given that the U.S. International Trade Commission has determined not to review an initial determination ("ID") (Order No. 21) issued by the presiding administrative law judge ("ALJ") granting a joint motion to terminate the above- captioned investigation based on a settlement agreement, consent order stipulation, and consent order. A consent order is issued to the remaining respondent Honeylove Sculptwear, Inc. of Los Angeles, CA ("Honeylove"). The investigation is terminated.
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<title>Federal Register, Volume 90 Issue 183 (Wednesday, September 24, 2025)</title>
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[Federal Register Volume 90, Number 183 (Wednesday, September 24, 2025)]
[Notices]
[Page 45962]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-18495]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1436]
Certain Shapewear Garments; Notice of a Commission Determination
Not To Review an Initial Determination Terminating the Investigation
Based on Consent 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 has determined not to review an initial determination
(``ID'') (Order No. 21) issued by the presiding administrative law
judge (``ALJ'') granting a joint motion to terminate the above-
captioned investigation based on a settlement agreement, consent order
stipulation, and consent order. A consent order is issued to the
remaining respondent Honeylove Sculptwear, Inc. of Los Angeles, CA
(``Honeylove''). The investigation is terminated.
FOR FURTHER INFORMATION CONTACT: Paul Lall, Office of the General
Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202) 205-2043. 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#41040508127209242d310134322835226f262e37"><span class="__cf_email__" data-cfemail="2663626f75156e434a566653554f524508414950">[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: On February 6, 2025, the Commission
instituted this investigation based on a complaint filed on behalf of
Spanx, LLC (``Spanx'') of Atlanta, Georgia. 90 FR 9083-84 (Feb. 6,
2025). The complaint 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, or
sale within the United States after importation of certain shapewear
garments by reason of the infringement of certain claims of U.S. Patent
Nos. 9,179,713; 9,930,916; 10,455,866; D707,920 (``the '920 patent'');
D796,780; and D796,784 (``the '784 patent''). Id. at 9083. The
Commission's notice of investigation named the following respondents:
(1) Honeylove; (2) Guangzhoushi Chiping Dianzi Maoyi Co. Ltd. of
Guangzhou, China; (3) Daerwene Inc. of Boulder, CO; (4) Guangzhoushi
Cedong Shangmao Youxiangongsi of Guangzhou, China; (5) Bingrong Co.,
Ltd. of Shenzhen, China; and (6) Dolce Vita Intimates LLC of Harrison,
NJ. Id. at 9084. The Office of Unfair Import Investigations (``OUII'')
was also named as a party in this investigation. Id.
On April 1, 2025, the Commission terminated this investigation in
part based on withdrawal of the complaint with respect to (1) all
allegations against respondents Guangzhoushi Chiping Dianzi Maoyi Co.
Ltd., Daerwene Inc., Guangzhoushi Cedong Shangmao Youxiangongsi,
Bingrong Co., Ltd., and Dolce Vita Intimates LLC; and (2) allegations
based on the '784 and '920 patents brought against respondent
Honeylove. See Order No. 6 (Mar. 10, 2025), unreviewed by Comm'n Notice
(Apr. 1, 2025).
On August 12, 2025, Spanx and Honeylove, the only remaining
respondent, filed a joint motion to terminate this investigation based
on a consent order stipulation and proposed consent order. On August
22, 2025, OUII filed a response supporting the motion.
On August 28, 2025, the presiding ALJ issued the subject ID (Order
No. 21) granting the joint motion pursuant to Commission Rule 210.21
(19 CFR 210.21). ID at 2. The ID finds that the joint motion includes
the statement that ``there are no other agreements, written or oral,
express or implied between the parties concerning the subject matter of
the investigation.'' Id. The ID finds that the motion attaches a
consent order stipulation that complies with Commission Rule
210.21(c)(3) (19 CFR 210.21(c)(3)) and a consent order that complies
with Commission Rule 210.21(c)(4) (19 CFR 210.21(c)(4)). Id. The ID
also finds that ``there is no evidence indicating that terminating this
investigation based on the settlement agreement and consent order would
be contrary to the public interest.'' Id. at 3.
No party filed a petition for review of the subject ID.
The Commission has determined not to review the subject ID (Order
No. 21). The investigation is terminated in its entirety based on a
consent order issued herewith to the remaining respondent Honeylove.
The Commission vote for this determination took place on September
22, 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: September 22, 2025.
Sharon Bellamy,
Supervisory Hearings and Information Officer.
[FR Doc. 2025-18495 Filed 9-23-25; 8:45 am]
BILLING CODE 7020-02-P
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