Certain Insulated Beverage Containers, Components, Labels, and Packaging Material Thereof; Notice of Issuance of a Limited Exclusion Order Against Two Respondents Found in Default; Termination of Investigation
| Published date | 19 December 2018 |
| Citation | 83 FR 65179 |
| Record Number | 2018-27413 |
| Section | Notices |
| Court | International Trade Commission |
Federal Register, Volume 83 Issue 243 (Wednesday, December 19, 2018)
[Federal Register Volume 83, Number 243 (Wednesday, December 19, 2018)]
[Notices]
[Pages 65179-65180]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-27413]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1084]
Certain Insulated Beverage Containers, Components, Labels, and
Packaging Material Thereof; Notice of Issuance of a Limited Exclusion
Order Against Two Respondents Found in Default; 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 issued a limited exclusion order (``LEO'') against
certain insulated beverage containers, components thereof, labels, and
packaging material thereof, that are manufactured or imported by
defaulted respondents. The investigation is terminated.
FOR FURTHER INFORMATION CONTACT: Robert Needham, Esq., Office of the
General Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202) 708-5468. Copies of non-
confidential documents filed in connection with this investigation are
or will be available for inspection during official business hours
(8:45 a.m. to 5:15 p.m.) in the
[[Page 65180]]
Office of the Secretary, U.S. International Trade Commission, 500 E
Street SW, Washington, DC 20436, telephone (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. 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: The Commission instituted this investigation
on November 24, 2017, based on a complaint and supplement, filed on
behalf of Yeti Coolers, LLC of Austin, Texas (``Yeti''). 82 FR 55860-61
(Nov. 24, 2017). The amended complaint, as supplemented, 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 insulated beverage containers, components,
labels, and packaging materials thereof by reason of infringement of
U.S. Trademark Registration Nos. 5,233,441 and 4,883,074; U.S.
Copyright Registration Nos. VA 1-974-722, VA 1-974-732, VA 1-974-735;
and U.S. Design Patent Nos. D752,397, D780,533, D781,146, and D784,775.
The complaint further alleges that an industry in the United States
exists as required by section 337. The notice of investigation named
thirteen respondents, including Huizhou Dashu Trading Co., Ltd. of
Huizou City, China (``Huizhou Dashu'') and Huagong Trading Co., Ltd. of
Wangshizhuang, China (``Huagong''). The Office of Unfair Import
Investigations (``OUII'') was also named as a party.
The Commission terminated eleven of those respondents based on
settlement agreements and partial withdrawals of the complaint. See
Order No. 11 (Mar. 8, 2018), not reviewed Notice (Mar. 26, 2018); Order
Nos. 19, 20, and 21 (Apr. 17, 2018), not reviewed Notice (May 11,
2018); Order No. 27 (Jun. 8, 2018), not reviewed Notice (Jun. 29,
2018); Order No. 29 (Sept. 27, 2018), not reviewed Notice (Oct. 22,
2018).
The Commission found the remaining two respondents, Huizhou Dashu
and Huagong, in default for failing to respond to the complaint and
notice of investigation. Order No. 29 (Sept. 27, 2018), not reviewed
Notice (Oct. 22, 2018). The Commission also sought briefing on remedy,
the public interest, and bonding, and received main and reply
submissions from Yeti and OUII. In response, both Yeti and OUII
requested that the Commission issue an LEO against Huizhou Dashu and
Huagong. The Commission received no responses from the public.
The Commission has determined that the appropriate form of relief
in this investigation is an LEO prohibiting the unlicensed entry of
insulated beverage containers, components thereof, labels, and
packaging material thereof that infringe one or more of U.S. Trademark
Registration Nos. 5,233,441 and 4,883,074; U.S. Copyright Registration
Nos. VA 1-974-722, VA 1-974-732, VA 1-974-735; and U.S. Design Patent
Nos. D752,397 and D780,533, and that are manufactured abroad by or on
behalf of, or imported by or on behalf of, Huizhou Dashu and Huagong.
The Commission has further determined that the LEO should also prohibit
the unlicensed entry of insulated beverage containers, components
thereof, labels, and packaging material thereof that infringe one or
more of U.S. Design Patent Nos. D781,146 and D784,775, and that are
manufactured abroad by or on behalf of, or imported by or on behalf of,
Huagong. The Commission has additionally determined that the public
interest factors enumerated in Section 337(g)(l) (19 U.S.C. 1337(g)(l))
do not preclude issuance of the LEO. The Commission has determined that
the bond for importation during the period of Presidential review shall
be in the amount of one hundred (100) percent of the entered value of
the imported subject articles of Respondent. The Commission's order was
delivered to the President and the United States Trade Representative
on the day of its issuance.
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: December 13, 2018.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2018-27413 Filed 12-18-18; 8:45 am]
BILLING CODE 7020-02-P
