Certain Pre-Stretched Synthetic Braiding Hair and Packaging Therefor; Notice of Commission Final Determination To Issue a Limited Exclusion Order and Cease and Desist Orders; Termination of the Investigation
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Issuing agencies
Abstract
Notice is hereby given that the U.S. International Trade Commission has determined to issue a limited exclusion order ("LEO") barring entry of certain infringing pre-stretched synthetic braiding hair and packaging therefor that are imported by or on behalf of: A- Hair Import Inc. of Norcross, Georgia ("A-Hair"); Crown Pacific Group Inc. of Doraville, Georgia ("Crown Pacific"); Loc N Products, LLC of Atlanta, Georgia ("Loc N"); Vivace, Inc. d/b/a Dae Do Inc. of Levittown, New York ("Dae Do"); and Zugoo Import Inc. of Norcross, Georgia ("Zugoo") (collectively, "Defaulting Respondents"). The Commission has also determined to issue cease and desist orders ("CDOs") against each of Defaulting Respondents. The investigation is terminated.
Full Text
<html>
<head>
<title>Federal Register, Volume 90 Issue 189 (Thursday, October 2, 2025)</title>
</head>
<body><pre>
[Federal Register Volume 90, Number 189 (Thursday, October 2, 2025)]
[Notices]
[Pages 47821-47823]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-19223]
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1415]
Certain Pre-Stretched Synthetic Braiding Hair and Packaging
Therefor; Notice of Commission Final Determination To Issue a Limited
Exclusion Order and Cease and Desist Orders; Termination of the
Investigation
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
[[Page 47822]]
SUMMARY: Notice is hereby given that the U.S. International Trade
Commission has determined to issue a limited exclusion order (``LEO'')
barring entry of certain infringing pre-stretched synthetic braiding
hair and packaging therefor that are imported by or on behalf of: A-
Hair Import Inc. of Norcross, Georgia (``A-Hair''); Crown Pacific Group
Inc. of Doraville, Georgia (``Crown Pacific''); Loc N Products, LLC of
Atlanta, Georgia (``Loc N''); Vivace, Inc. d/b/a Dae Do Inc. of
Levittown, New York (``Dae Do''); and Zugoo Import Inc. of Norcross,
Georgia (``Zugoo'') (collectively, ``Defaulting Respondents''). The
Commission has also determined to issue cease and desist orders
(``CDOs'') against each of Defaulting Respondents. The investigation is
terminated.
FOR FURTHER INFORMATION CONTACT: Houda Morad, Office of the General
Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202) 708-4716. 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#a2e7e6ebf191eac7ced2e2d7d1cbd6c18cc5cdd4"><span class="__cf_email__" data-cfemail="98dddcd1cbabd0fdf4e8d8edebf1ecfbb6fff7ee">[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 September 9, 2024, the Commission
instituted this investigation based on a complaint filed by JBS Hair of
Atlanta, GA (``Complainant''). 89 FR 73123-24 (Sept. 9, 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 pre-
stretched synthetic braiding hair and packaging therefor by reason of
the infringement of certain claims of U.S. Patent Nos. 10,786,026;
10,945,478; and 10,980,301. In addition to Defaulting Respondents, the
Commission's notice of investigation named the following respondents:
(1) Sun Taiyang Co., Ltd. d/b/a Outre[supreg] of Moonachie, NJ; Beauty
Elements Corporation d/b/a Bijouz[supreg] of Miami Gardens, FL; Hair
Zone, Inc. d/b/a Sensationnel[supreg] of Moonachie, NJ; Beauty Essence,
Inc. d/b/a Supreme<SUP>TM</SUP> Hair US of Moonachie, NJ; SLI
Production Corp. d/b/a It's a Wig! of Moonachie, NJ; Royal Imex, Inc.
d/b/a Zury[supreg] Hollywood of Santa Fe Springs, CA; GS Imports, Inc.
d/b/a Golden State Imports, Inc. of Paramount, CA; Eve Hair, Inc. of
Lakewood, CA; Midway International, Inc. d/b/a BOBBI BOSS of Cerritos,
CA; Mayde Beauty Inc. of Port Washington, NY; Hair Plus Trading Co.,
Inc. d/b/a Femi Collection of Suwanee, GA; Optimum Solution Group LLC
d/b/a Oh Yes Hair of Duluth, GA; Chade Fashions, Inc. of Niles, IL;
Mane Concept Inc. of Moonachie, NJ; Beauty Plus Trading Co., Inc. d/b/a
Janet Collection<SUP>TM</SUP> of Moonachie, NJ; Model Model Hair
Fashion, Inc. of Port Washington, NY; New Jigu Trading Corp. d/b/a
Harlem 125[supreg] of Port Washington, NY; Shake N Go Fashion, Inc. of
Port Washington, NY; and Amekor Industries, Inc. d/b/a Vivica A.
Fox[supreg] Hair Collection of Conshohocken, PA (collectively,
``Remaining Respondents''); and (2) Chois International, Inc. of
Norcross, GA (``Chois''); I & I Hair Corp. of Dallas, TX (``I & I
Hair''); Kum Kang Trading USA, Inc. d/b/a BNGHAIR of Paramount, CA
(``Kum Kang''); Mink Hair, Ltd. d/b/a Sensual[supreg] Collection of
Wayne, NJ (``Mink Hair''); Oradell International Corp. d/b/a MOTOWN
TRESS of Manalapan, NJ (``Oradell''); and Twin Peak International, Inc.
d/b/a Dejavu Hair of Atlanta, GA (``Twin Peak'') (collectively,
``Consent Order Respondents''). Id. The Office of Unfair Import
Investigations (``OUII'') was also named as a party in this
investigation. Id. at 73124.
On December 2, 2024, the Commission granted Complainant's motion to
amend the complaint and notice of investigation to add JMS Trading
Corp. of Buena Park, California (``JMS Trading'') as a respondent to
this investigation and to make several ministerial updates to the
complaint. See Order No. 15 (Nov. 4, 2024), unreviewed by Comm'n Notice
(Dec. 6, 2024); see also 89 FR 97068-69 (Dec. 6, 2024).
The Commission previously terminated Consent Order Respondents and
JMS Trading based on entry of consent order stipulations and consent
orders. See Order No. 10 (Oct. 18, 2024), unreviewed by Comm'n Notice
(Nov. 15, 2024) (Kum Kang, Mink Hair, and Oradell); Order No. 16 (Nov.
14, 2024), unreviewed by Comm'n Notice (Dec. 11, 2024) (I & I Hair);
Order No. 28 (Dec. 23, 2024), unreviewed by Comm'n Notice (Jan. 21,
2025) (JMS Trading); Order No. 29 (Jan. 7, 2025) (Chois) & Order No. 30
(Twin Peak) (Jan. 7, 2025), unreviewed by Comm'n Notice (Jan. 30,
2025).
The Commission also previously found Defaulting Respondents to be
in default. See Order No. 26 (Dec. 19, 2024), unreviewed by Comm'n
Notice (Jan. 17, 2025) (Loc N); Order No. 31 (Feb. 4, 2025), unreviewed
by Comm'n Notice (Feb. 24, 2025) (Dae Do and A-Hair); Order No. 32
(Feb. 14, 2025), unreviewed by Comm'n Notice (Mar. 11, 2025) (Crown
Pacific); Order No. 34 (Feb. 24, 2025), unreviewed by Comm'n Notice
(Mar. 24, 2025) (Zugoo).
On April 10, 2025, the presiding administrative law judge issued an
initial determination (``ID'') (Order No. 44) terminating the
investigation based on withdrawal of the complaint pursuant to
Commission Rule 210.21(a) (19 CFR 210.21(a)) as to Remaining
Respondents.
On April 15, 2025, Complainant filed a document titled ``Written
Submission on Remedy, Bonding and Public Interest with Respect to
Defaulting Respondents'' (``JBS Hair's Remedy Submission'').
On April 29, 2025, the Commission issued a notice determining not
to review the ID terminating the investigation as to Remaining
Respondents (Order No. 44). See 90 FR 18991-93 (May 5, 2025). The
Commission also requested briefing on remedy, the public interest and
bonding from the parties and from any other interested third-party. Id.
The Commission further stated that it ``considers JBS Hair's Remedy
Submission to be a declaration seeking relief against defaulting
respondents pursuant to Commission Rule 210.16(c)(1) (19 CFR
210.16(c)(1)).'' Id. at 18992.
On May 8, 2025, Complainant filed a written submission on remedy,
the public interest, and bonding, requesting entry of an LEO and CDOs
against Defaulting Respondents under section 337(g)(1) and Commission
Rule 210.16(c). On May 14, 2025, OUII and defaulting respondent A-Hair
filed written submissions on remedy, the public interest, and bonding.
In particular, A-Hair argues that the Commission should not presume
that a domestic industry exists under section 337(g)(1) because certain
respondents have challenged whether Complainant could establish a
domestic industry. On May 21, 2025, Complainant and OUII filed
responses to A-Hair's submission.
The Commission rejects A-Hair's arguments. A-Hair itself recognizes
that as a defaulting respondent, it has forfeited any ``right . . . to
contest the allegations at issue in the investigation.'' 19 CFR
210.16(b)(4); see also Certain Opaque Polymers, Inv. No. 337-TA-883,
Comm'n Op., 2015 WL 13817115,
[[Page 47823]]
*12 (Apr. 30, 2015), aff'd, Organik Kimya, San. ve Tic. A.S. v. ITC,
848 F.3d 994 (Fed. Cir. 2017) (``Organik Kimya's challenge to the scope
of an exclusion order is based on whether any and all trade secrets are
unknown to the public and would be difficult to design around. These
issues all go the merits, which Organik Kimya has waived by
default.''). The present investigation is also distinct from Certain
Percussive Massage Devices, cited by A-Hair, because there is no
pending challenge or adjudication of any allegation in the complaint,
such that the Commission would have any cause to refute Complainant's
allegations as to domestic industry. See Certain Percussive Massage
Devices, Inv. No. 337-TA-1206, Comm'n Notice, 2021 WL 5514134 (Nov. 22,
2021).
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.\1\
---------------------------------------------------------------------------
\1\ The Commission considers the notice of intent to default
filed by respondents Zugoo, Crown Pacific, A-Hair, and Dae Do as an
effective withdrawal of their answer to the complaint and notice of
investigation. The Commission therefore finds that section 337(g)(1)
applies to all of the Defaulting Respondents.
---------------------------------------------------------------------------
Accordingly, having examined the record of this investigation,
including the parties' submissions on remedy, the public interest, and
bonding, 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: (1) an LEO prohibiting the unlicensed entry of
certain infringing pre-stretched synthetic braiding hair and packaging
therefor that are imported by or on behalf of Defaulting Respondents;
and (2) CDOs against each of Defaulting Respondents. The Commission has
determined that the public interest factors enumerated in subsection
337(g)(1) do not preclude the issuance of the LEO and CDOs.\2\
---------------------------------------------------------------------------
\2\ Chair Karpel agrees with the majority that the Commission's
authority to issue the LEO and CDO with regard to Loc N is pursuant
to section 337(g)(1) because the criteria in subsections
337(g)(1)(A)-(E) are satisfied with regard to Loc N, see Order No.
26 (Dec. 19, 2024), unreviewed by Comm'n Notice (Jan. 17, 2025), and
the public interest factors do not preclude the issuance of those
remedies. However, with respect to Zugoo, Crown Pacific, A-Hair, and
Dae Do, Chair Karpel supports issuance of an LEO pursuant to
sections 337(d)(1) and CDOs pursuant to 337(f)(1) because the
criteria in subsections 337(g)(1)(A)-(E) are not met as to those
respondents. She does not agree with the majority that the notice of
intent to default filed by those respondents functions to withdraw
their previously filed answer to the complaint and notice of
investigation. She finds that the public interest factors in
sections 337(d)(1) and (f)(1) do not preclude the LEO or CDOs with
respect to Zugoo, Crown Pacific, A-Hair, and Dae Do.
---------------------------------------------------------------------------
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 one hundred percent (100%) of the
entered value of the infringing articles.
The investigation is terminated.
The Commission's vote for this determination took place on
September 29, 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 29, 2025.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2025-19223 Filed 10-1-25; 8:45 am]
BILLING CODE 7020-02-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.