[Federal Register Volume 79, Number 155 (Tuesday, August 12, 2014)]
[Notices]
[Pages 47156-47157]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-19045]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-924]
Certain Light Reflectors and Components, Packaging, and Related
Advertising 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 June 20, 2014, under section 337
of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of
Sunlight Supply, Inc. of Vancouver, Washington and IP Holdings, LLC of
Vancouver, Washington. An amended complaint was filed on July 11, 2014.
A supplement to the amended complaint was filed on July 18, 2014. The
amended complaint 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 light
reflectors and components, packaging, and related advertising thereof
by reason of infringement of certain claims of U.S. Patent No.
7,641,367 (``the '367 patent''); U.S. Design Patent No. D634,469 (``the
'469 patent''); U.S. Design Patent No. D644,185 (``the '185 patent'');
and U.S. Design Patent No. D545,485 (``the '485 patent''), and by
reason of infringement of U.S. Trademark Registration No. 3,871,765
(``the '765 trademark'') and U.S. Trademark Registration No. 3,262,059
(``the '059 trademark''), and that an industry in the United States
exists as required by subsection (a)(2) of section 337. The amended
complaint further alleges violations of section 337 based upon the
importation into the United States, or in the sale of, certain light
reflectors and components, packaging, and related advertising thereof
by reason of false advertising, the threat or effect of which is to
destroy or substantially injure an industry in the United States.
The complainants request that the Commission institute an
investigation and, after the investigation, issue a general exclusion
order, or in the alternative a limited exclusion order exclusion order,
and cease and desist orders.
ADDRESSES: The amended 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 http://www.usitc.gov.
The public record for this investigation may be viewed on the
Commission's electronic docket (EDIS) at http://edis.usitc.gov.
FOR FURTHER INFORMATION CONTACT: The Office of Unfair Import
Investigations, U.S. International Trade Commission, telephone (202)
205-2560.
Authority: The authority for institution of this investigation
is contained in section 337 of the Tariff Act of 1930, as amended,
and in section 210.10 of the Commission's Rules of Practice and
Procedure, 19 CFR 210.10 (2014).
Scope of Investigation: Having considered the amended complaint,
the U.S. International Trade Commission, on August 6, 2014, ordered
that--
(1) Pursuant to subsection (b) of section 337 of the Tariff Act of
1930, as amended, an investigation be instituted to determine:
(a) 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 light reflectors and components, packaging, and related
advertising thereof by reason of infringement of one or more of claims
1-4 of the '367 patent; the claim of the '469 patent; the claim of the
'185 patent; and the claim of the '485 patent, and whether an industry
in the United States exists as required by subsection (a)(2) of section
337;
(b) whether there is a violation of subsection (a)(1)(C) 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 light reflectors and components, packaging, and related
advertising thereof by reason of infringement of one or more of the
'765 trademark and the '059 trademark, and whether an industry in the
United States exists as required by subsection (a)(2) of section 337;
and
(c) whether there is a violation of subsection (a)(1)(A) of section
337 in the importation into the United States, or in the sale of,
certain light reflectors and components, packaging, and related
advertising thereof by reason of false advertising, the threat or
effect of which is to destroy or substantially injure an industry in
the United States;
(2) 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 complainants are:
Sunlight Supply, Inc., 5408 NE 88th Street, Vancouver, WA 98665.
IP Holdings, LLC, 5408 NE 88th Street, Vancouver, WA 98665.
(b) The respondents are the following entities alleged to be in
violation of
[[Page 47157]]
section 337, and are the parties upon which the amended complaint is to
be served:
Sinowell (Shanghai) Co., Ltd., Rm. 802, Bld. 2, No. 335, Guoding Road,
Shanghai, 200433 China
Sinohydro Ltd., Unit D 16F, Cheuk Nang Plaza, 250 Hennessy Road,
Wanchai, Hong Kong, China
Groco Enterprises, LLC, 1454 127th Place NE., Bellevue, WA 98005
Good Nature Garden Supply, 6290 Folsom Boulevard, Sacramento, CA 95819
Aqua Serene, Inc., 2836 W. 11th Avenue, Eugene, OR 97402
Aurora Innovations, Inc., 29862 E. Enid, Eugene, OR 97402
Big Daddy Garden Supply, Inc., 310 Mason Street, Ukiah, CA 95482
Bizright, LLC, 15320 Valley Boulevard, City of Industry, CA 91746
The Hydro Source II, Inc., 11760 E. Slauson Avenue, Santa Fe Springs,
CA 90670
Insun, LLC, 1407 116th Avenue NE., Suite 102, Bellevue, WA 98004
Lumz'N Blooms, Ltd. Corp., 174B Semoran Commerce Place #116,
Apopka, FL 32703
Parlux LP, 7522 187th Drive SE., Snohomish, WA 98290
Silversun, Inc., 11718 Hunter Lane NW., Gig Harbor, WA 98332
Zimbali Group, Inc., 2913 129th Avenue SE., Bellevue, WA 98005
(c) The Office of Unfair Import Investigations, U.S. International
Trade Commission, 500 E Street SW., Suite 401, Washington, DC 20436;
and
(3) 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 amended 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 amended complaint
and the notice of investigation. Extensions of time for submitting
responses to the amended 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 amended complaint and in this notice may be deemed to
constitute a waiver of the right to appear and contest the allegations
of the amended 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 amended
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: August 7, 2014.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2014-19045 Filed 8-11-14; 8:45 am]
BILLING CODE 7020-02-P