Certain Foldable Reusable Drinking Straws and Components and Accessories Thereof; Institution of Investigation
| Published date | 13 November 2019 |
| Citation | 84 FR 61639 |
| Record Number | 2019-24612 |
| Section | Notices |
| Court | International Trade Commission |
Federal Register, Volume 84 Issue 219 (Wednesday, November 13, 2019)
[Federal Register Volume 84, Number 219 (Wednesday, November 13, 2019)]
[Notices]
[Pages 61639-61640]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-24612]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1183]
Certain Foldable Reusable Drinking Straws and Components and
Accessories Thereof; Institution of Investigation
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
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SUMMARY: Notice is hereby given that a complaint was filed with the
U.S. International Trade Commission on October 9, 2019, under section
337 of the Tariff Act of 1930, as amended, on behalf of The Final Co.
LLC of Santa Fe, New Mexico. An amended complaint was filed on October
29, 2019. The complaint, as amended, alleges violations of 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 foldable reusable drinking straws and components and
accessories thereof by reason of infringement of certain claims of U.S.
Patent No. 10,123,641 (``the '641 patent''). The complaint further
alleges that an industry in the United States exists as required by the
applicable Federal Statute.
The complainant requests that the Commission institute an
investigation and, after the investigation, issue a general exclusion
order, or in the alternative a limited exclusion order, and cease and
desist orders.
ADDRESSES: The complaint, except for any confidential information
contained therein, is available for inspection during official business
hours (8:45 a.m. to 5:15 p.m.) in the Office of the Secretary, U.S.
International Trade Commission, 500 E Street SW, Room 112, Washington,
DC 20436, telephone (202) 205-2000. Hearing impaired individuals are
advised that information on this matter can be obtained by contacting
the Commission's TDD terminal on (202) 205-1810. Persons with mobility
impairments who will need special assistance in gaining access to the
Commission should contact the Office of the Secretary at (202) 205-
2000. General information concerning the Commission may also be
obtained by accessing its internet server at https://www.usitc.gov. The
public record for this investigation may be viewed on the Commission's
electronic docket (EDIS) at https://edis.usitc.gov.
For Further Information Contact: Pathenia M. Proctor, The Office of
Unfair Import Investigations, U.S. International Trade Commission,
telephone (202) 205-2560.
SUPPLEMENTARY INFORMATION:
Authority: The authority for institution of this investigation is
contained in section 337 of the Tariff Act of 1930, as amended, 19
U.S.C. 1337, and in section 210.10 of the Commission's Rules of
Practice and Procedure, 19 CFR 210.10 (2019).
Scope of Investigation: Having considered the complaint, the U.S.
International Trade Commission, on November 5, 2019, Ordered that--
(1) Pursuant to subsection (b) of section 337 of the Tariff Act of
1930, as amended, an investigation be instituted to determine whether
there is a violation of subsection (a)(1)(B) of section 337 in the
importation into the United States, the sale for importation, or the
sale within the United States after importation of certain products
identified in paragraph (2) by reason of infringement of one or more of
claims 1-12, 14-17, and 20 of the '641 patent; and whether an industry
in the United States exists as required by subsection (a)(2) of section
337;
(2) Pursuant to section 210.10(b)(1) of the Commission's Rules of
Practice and Procedure, 19 CFR 210.10(b)(1), the plain language
description of the accused products or category of accused products,
which defines the scope of the investigation, is ``individual foldable
reusable drinking straws and components thereof, cases used to store
the foldable reusable drinking straws, and tools used for cleaning the
foldable reusable drinking straws'';
(3) For the purpose of the investigation so instituted, the
following are hereby named as parties upon which this notice of
investigation shall be served:
(a) The complainant is:
The Final Co. LLC, 1703\1/2\ Quapaw Street, Santa Fe, NM 87505.
(b) The respondents are the following entities alleged to be in
violation of section 337, and are the parties upon which the complaint
is to be served:
Huizhou Sinri Technology Company Limited, 3rd Floor, Plant A, Yiyuan
Sci-Tech Industry Park, Cangkeng Section, Tianduan Village, Xikeng,
Huihuan, Zhongkai High-Tech Zone, Huizhou, Guangdong, China 516006.
Hebei Serun Import and Export Trade Co., Ltd., Shenhou Shenqi Tingyuan,
High And New Technology Industrial Development Zone, Luquan,
Shijiazhuang, Hebei, China (Mainland), 050200.
Dongguan Stirling Metal Products Co., Ltd., 3-201, Xinhe Ind. Zone,
Xiaobian, Chang'an Town, Dongguan, Guangdong, China 523853.
[[Page 61640]]
Ningbo Wwpartner Plastic Manufacture Co., Ltd. Apt. 501-48, No. 50,
Lane 578, South Tiantong Road, Yinzhou District, Ningbo, Zhejiang,
China 315199.
Shenzhen Yuanzhen Technology Co., Ltd. 805, Block B, Fuquan Building,
Qingquan Road, Longhua District, Shenzhen, China 518000.
Jiangmen Boyan Houseware Co., Ltd. No. 18-1-107, Zhongxin South Road,
Huicheng, Xinhui Dist., Jiangmen, Guangdong, China 529100.
Shanghai Rbin Industry And Trade Co., Ltd. Room D4003, Bldg. 1, No.
888, Huaxu Road, Qingpu Dist., Shanghai, China 201702.
Jiangmen Shengke Hardware Products Co., Ltd. Cunqian House, Wubian
Land, Heping Group, Xinjian Village, Siqian Town, Xinhui District,
Jiangmen, Guangdong, China 529000.
Funan Anze Trading Co., Ltd. No. 104-16, Jiaoyang Road, Lucheng Town,
Funan County, Fuyang, Anhui, China 236300.
Hangzhou Keteng Trade Co., Ltd. C533, Floor 5, Bldg. 3-C, No. 8, Xiyuan
9th Road, Xihu Dist., Hangzhou, Zhejiang, China 310030.
Hunan Jiudi Shiye Import And Export Trading Co., Ltd. Room 1654,
Building 4, Dameiyuan, No. 577, Yulan Road, Wangchengpo Street, Yuelu
District, Changsha, Hunan, China (Mainland) 410205.
Shenzhen Yaya Gifts Co., Ltd. No. 2, Lane 3, East Of Henglingtang,
Pingshan Street, Pingshan New Dist., Shenzhen, Guangdong, China 518118.
Ningbo Weixu International Trade Co., Ltd. A27, Floor 5, Nongxin Bldg.,
Ningbo, Zhejiang, China (Mainland) 315600.
Ningbo Beland Commodity Co., Ltd. 14-6, No. 51, Bldg. 12, Xintiandi
East Zone, Yinzhou Dist., Ningbo, Zhejiang, China 315040.
Xiamen One X Piece Imp.&Exp. Co., Ltd. 601, Bldg. 73, Jimei Zhongxin
Garden, Xiamen, Fujian, China 36100.
Hunan Champion Top Technology Co., Ltd. No. 600, Wanfu North Road,
Yuhua area, Changsha city, Hunan province, China 410000.
Yiwu Lizhi Trading Firm Unit 3, Building 42, Xiawang New Village Third
District, Jiangdong Street, Yiwu, Jinhua, Zhejiang, China 322000.
(c) The Office of Unfair Import Investigations, U.S. International
Trade Commission, 500 E Street SW, Suite 401, Washington, DC 20436; and
(4) For the investigation so instituted, the Chief Administrative
Law Judge, U.S. International Trade Commission, shall designate the
presiding Administrative Law Judge.
Responses to the complaint and the notice of investigation must be
submitted by the named respondents in accordance with section 210.13 of
the Commission's Rules of Practice and Procedure, 19 CFR 210.13.
Pursuant to 19 CFR 201.16(e) and 210.13(a), such responses will be
considered by the Commission if received not later than 20 days after
the date of service by the Commission of the complaint and the notice
of investigation. Extensions of time for submitting responses to the
complaint and the notice of investigation will not be granted unless
good cause therefor is shown.
Failure of a respondent to file a timely response to each
allegation in the complaint and in this notice may be deemed to
constitute a waiver of the right to appear and contest the allegations
of the complaint and this notice, and to authorize the administrative
law judge and the Commission, without further notice to the respondent,
to find the facts to be as alleged in the complaint and this notice and
to enter an initial determination and a final determination containing
such findings, and may result in the issuance of an exclusion order or
a cease and desist order or both directed against the respondent.
By order of the Commission.
Issued: November 6, 2019.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2019-24612 Filed 11-12-19; 8:45 am]
BILLING CODE 7020-02-P
