[Federal Register Volume 80, Number 39 (Friday, February 27, 2015)]
[Notices]
[Pages 10713-10714]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-04089]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-924]
Certain Light Reflectors and Components, Packaging, and Related
Advertising Thereof; Notice of Commission Determination Not To Review
Initial Determinations Granting Motions To Terminate the Investigation
as to the Remaining Respondents; Termination of the Investigation in
Its Entirety
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 determined not to review: (1) An initial determination
(``ID'') (Order No. 17) issued by the presiding administrative law
judge (``ALJ'') on January 22, 2015, granting a motion to terminate the
investigation as to respondents Sinowell (Shanghai) Co. Ltd. and
Sinohydro Ltd. (collectively, ``Sinowell''), based on a settlement
agreement; and (2) an ID (Order No. 18) issued by the ALJ on January
27, 2015, granting a motion to terminate the investigation as to the
remaining respondents based on withdrawal of the amended complaint.
FOR FURTHER INFORMATION CONTACT: Cathy Chen, Office of the General
Counsel, U.S. International Trade Commission, 500 E Street SW.,
Washington, DC 20436, telephone (202) 205-2392. 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 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 (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.
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 August 12, 2014, based on a complaint filed on June 20, 2014,
amended on July 11, 2014, and supplemented on July 18, 2014, on behalf
of Sunlight Supply, Inc. of Vancouver, Washington and IP Holdings, LLC
of Vancouver, Washington (collectively, ``Sunlight''). 79 FR 47156
(Aug. 12, 2014). The amended complaint alleged violations of Section
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, in the sale
for importation, importation, and 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 Nos. 7,641,367; D634,469; D644,185; D545,485; and by
reason of infringement of U.S. Trademark Registration Nos. 3,871,765;
and
[[Page 10714]]
3,262,059. The amended complaint also alleges 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 Commission's notice of investigation named numerous respondents
including Sinowell. See 79 FR 47156-57. The Office of Unfair Import
Investigations was named as a party to the investigation. Id. at 47157.
On December 16, 2014, the Commission determined not to review an ID
(Order No. 12) granting a motion to terminate the investigation as to
respondents The Hydro Source II, Inc.; Bizright, LLC; and Silversun,
Inc., based upon settlement agreements.
On December 16, 2014, Sunlight moved to terminate the investigation
as to Sinowell based upon a settlement agreement between Sunlight and
Sinowell. That same day, Sunlight also moved to terminate the
investigation as to the remaining respondents Groco Enterprises, LLC;
Good Nature Garden Supply; Aqua Serene, Inc.; Aurora Innovations, Inc.;
Big Daddy Garden Supply, Inc.; Insun, LLC; Lumz'N Blooms, Ltd. Corp;
ParluxAmerica LLP; and Zimbali Group, Inc., based on withdrawal of the
amended complaint as to these respondents. Sunlight asserted that there
are no agreements, written or oral, express or implied between the
parties concerning the subject matter of this investigation, other than
the confidential settlement agreement between Sunlight and Sinowell.
Sunlight also asserted that granting the motions is in the public
interest and will conserve the resources of the Commission. The
Commission's Investigative Attorney filed responses in support of the
motions.
On January 22, 2015, the ALJ issued an ID (Order No. 17), granting
the motion to terminate the investigation as to Sinowell. The ALJ found
that the settlement agreement appears to resolve the dispute between
Sunlight and Sinowell, and that granting the motion would not adversely
affect the public interest factors. No petitions for review were filed.
On January 27, 2015, the ALJ issued an ID (Order No. 18), granting
the motion to terminate the investigation as to the remaining
respondents. The ALJ found that no extraordinary circumstances exist
that would prevent the requested termination of the remaining
respondents from the investigation. The ALJ also found that the parties
have complied with the requirements of Rule 210.21(a). No petitions for
review were filed.
The Commission has determined not to review the two subject IDs.
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 section 210 of the Commission's Rules of Practice and Procedure (19
CFR part 210).
By order of the Commission.
Issued: February 23, 2015.
William R. Bishop,
Supervisory Hearings and Information Officer.
[FR Doc. 2015-04089 Filed 2-26-15; 8:45 am]
BILLING CODE 7020-02-P