[Federal Register Volume 80, Number 243 (Friday, December 18, 2015)]
[Notices]
[Pages 79094-79095]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-31839]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-976]
Certain Woven Textile Fabrics and Products Containing Same
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 1, 2015, under section
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of
AAVN, Inc. of Richardson, Texas. Supplements were filed on October 9
and 13, 2015. An amended complaint was filed on October 20, 2015. A
second amended complaint was filed on November 12, 2015. A further
supplementation was filed on December 4, 2015. The second 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 woven textile fabrics
and products containing same by reason of infringement of certain
claims of U.S. Patent No. 9,131,790 (``the '790 patent''), and that an
industry in the United States exists as required by subsection (a)(2)
of section 337. The second amended complaint further alleges violations
of section 337 based upon the importation into the United States, the
sale for importation into the United States, or in the sale of certain
woven textile fabrics and products containing same by reason of false
advertising, the threat or effect of which is to destroy or
substantially injure an industry in the United States.
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 second 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 (2015).
Scope of Investigation: Having considered the second amended
complaint, the U.S. International Trade Commission, on December 14,
2015, 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:
(a) There is a violation of subsection (a)(1)(B) of section 337 in
the
[[Page 79095]]
importation into the United States, the sale for importation, or the
sale within the United States after importation of certain woven
textile fabrics and products containing same by reason of infringement
of one or more of claims 1-7 of the '790 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)(A) of section
337 in the importation into the United States, or in the sale of
certain woven textile fabrics and products containing same by reason of
false advertising, the threat or effect of which is to destroy or
substantially injure an industry in the United States; and
(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 complainant is:
AAVN, Inc., 1401 North Central Expressway, Suite 370, Richardson, TX
75080.
(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:
AQ Textiles, LLC, 7622 Royster Road, Greensboro, NC 27455.
Creative Textile Mills Pvt. Ltd., 115/116, Sun Industrial Estate, Sun
Mill Compound, Lower Parel (W), Mumbai, Maharashtra 400013, India.
Indo Count Industries Ltd., 301 Arcadia, 3rd Floor, Nariman Point,
Mumbai 400 021 Maharashtra, India.
Indo Count Global, Inc., 295 Fifth Avenue, Suite 1019, New York, NY
10016.
GHCL Limited, B-38, Institutional Area, Sector-1, Noida, Uttar Pradesh
201 301 India.
Grace Home Fashions LLC, 295 Fifth Avenue, Suite 812, New York, NY
10016.
E & E Company, Ltd., Ghodbunder Road, Waghbil Naka, Thane 400 607
Maharashtra, India.
E & E Company, Ltd., d/b/a JLA Home, 45875 Northport Loop East,
Fremont, CA 94538.
Welspun Global Brands Ltd., Welspun City, Village Versamedi, Taluka
Anjar, District Kutch, Gujarat 370 110, India.
Welspun USA Inc., 295 Fifth Avenue, Suite 1118-1120, New York, NY
10016.
Elite Home Products, Inc., 95 Mayhill Street, Saddle Brook, NJ 07663.
Pradip Overseas Ltd., 104/105, Chacharwadi, Opp. Zydus Cadilla, Sarkhej
Bawla Highway, Ahmedabad--382 213, India.
Pacific Coast Textiles, Inc., 12621 Western Avenue, Garden Grove, CA
92841.
Amrapur Overseas, Inc., 12621 Western Avenue, Garden Grove, CA 92841.
Westport Linens, Inc., 230 5th Avenue # 1611, New York, NY 10001.
(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 second 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
second amended complaint and the notice of investigation. Extensions of
time for submitting responses to the second 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 second amended complaint and in this notice may be
deemed to constitute a waiver of the right to appear and contest the
allegations of the second 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 second 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: December 15, 2015.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2015-31839 Filed 12-17-15; 8:45 am]
BILLING CODE 7020-02-P