Notice2026-01554
Certain Hydrodermabrasion Systems and Components Thereof; Notice of a Commission Determination To Review in Part a Final Initial Determination Finding a Violation; Extension of the Target Date for Completion of the Investigation; Request for Written Submissions on Remedy, the Public Interest, and Bonding
Primary source
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Published
January 27, 2026
Issuing agencies
International Trade Commission
Abstract
Notice is hereby given that the U.S. International Trade Commission ("Commission") has determined to review in part a final initial determination ("FID") of the presiding administrative law judge ("ALJ"). The Commission requests written submissions from the parties, interested government agencies, and other interested persons on the issues of remedy, the public interest, and bonding, under the schedule set forth below. The Commission has also determined to extend the target date for completion of the investigation to March 23, 2026.
Full Text
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<title>Federal Register, Volume 91 Issue 17 (Tuesday, January 27, 2026)</title>
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[Federal Register Volume 91, Number 17 (Tuesday, January 27, 2026)]
[Notices]
[Pages 3540-3542]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-01554]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1408]
Certain Hydrodermabrasion Systems and Components Thereof; Notice
of a Commission Determination To Review in Part a Final Initial
Determination Finding a Violation; Extension of the Target Date for
Completion of the Investigation; 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 to review in part a final
initial determination (``FID'') of the presiding administrative law
judge (``ALJ''). The Commission requests written submissions from the
parties, interested government agencies, and other interested persons
on the issues of remedy, the public interest, and bonding, under the
schedule set forth below. The Commission has also determined to extend
the target date for completion of the investigation to March 23, 2026.
FOR FURTHER INFORMATION CONTACT: Jonathan D. Link, Esq., Office of the
General Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202) 205-3103. 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#4603020f15750e232a360633352f322568212930"><span class="__cf_email__" data-cfemail="7d3839342e4e3518110d3d080e14091e531a120b">[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 17, 2024, the Commission instituted
this investigation based on a complaint filed on behalf of HydraFacial
LLC, f/k/a Edge Systems LLC, of Long Beach, California
(``HydraFacial''). 89 FR 58188-89 (July 17, 2024). The complaint
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, or 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. 11,865,287 patent (``the '287 patent''). Id. The
complaint further alleges that an industry in the United States exists
as required by section 337. Id. The Commission's notice of
investigation named as respondents Cartessa Aesthetics, LLC
(``Cartessa'') of Melville, New York; and Eunsung Global Corp. of
Republic of Korea. Id. The Office of Unfair Import Investigations is
not participating in this investigation. Id.
On August 14, 2025, the Commission determined not to review an
initial determination (Order No. 3) setting the target date for
completion of the investigation as December 17, 2025. See Order No. 3
(July 29, 2024), unreviewed by Comm'n Notice (Aug. 14, 2024).
On January 21, 2025, the Commission terminated the investigation as
to Eunsung based on a consent order. Order No. 19 (Dec. 19, 2024),
unreviewed by Comm'n Notice (Jan. 21, 2025).
On April 11, 2025, the Commission determined not to review an
initial determination (Order No. 34) granting Complainant's unopposed
motion to terminate the investigation as to claims 1-10, 15, 17, 20,
23, 26, 28-31, 33-37, and 39-45 of the '287 patent. See Order No. 34
(Mar. 26, 2025), unreviewed by Comm'n Notice (Apr. 11, 2025).
On August 26, 2025, the ALJ issued a final initial determination
finding a violation of section 337 by respondent
[[Page 3541]]
Cartessa. On September 8, 2025, Cartessa filed a petition for review of
the FID and on September 16, 2025, HydraFacial filed its response.
On December 15, 2025, the Commission determined, in view of the
shutdown of the Federal Government, to extend the date for determining
whether to review the FID to January 22, 2026. See Comm'n Notice (Dec.
15, 2025). In that notice, the Commission also asked the parties to
address the impact, if any, the upcoming expiration of the '287 patent
would have on the investigation.
Having reviewed the record of the investigation, including the
final ID, the parties' submissions to the ALJ, the Commission has
determined to review the ID in part. Specifically, the Commission has
determined to review the FID's findings on (1) the construction, and
findings on infringement and the technical prong of the domestic
industry, for the claim limitations including the term ``fluid
communication''; (2) invalidity and non-infringement findings based on
the finding that the term ``block'' is indefinite, including review of
any underlying related orders (e.g., Order Nos. 29 and 50); and (3)
unenforceability based on prosecution laches.
The Commission has also determined to extend the target date for
completion of the investigation to March 23, 2026.
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
a cease and desist order 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. Such submissions should address the recommended
determination by the ALJ on remedy and bonding.
In its initial submission, Complainant is also requested to
identify the remedy sought and Complainant is requested to submit
proposed remedial orders for the Commission's consideration.
Complainant is further requested to state the date that the Asserted
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. All initial written submissions, from the parties and/or
third parties/interested government agencies, and proposed remedial
orders from the parties must be filed no later than close of business
on February 5, 2026. All reply submissions must be filed no later than
the close of business on February 12, 2026. Opening submissions from
the parties are limited to 10 pages. Reply submissions from the parties
are limited to 5 pages. All submission from third parties and/or
interested government agencies are limited to 10 pages. 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-1408) 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 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 January
22, 2026.
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
[[Page 3542]]
Practice and Procedure (19 CFR part 210).
By order of the Commission.
Issued: January 22, 2026.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2026-01554 Filed 1-26-26; 8:45 am]
BILLING CODE 7020-02-P
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