88 FR 50 pgs. 16030-16031 - Certain Compact Wallets and Components Thereof; Institution of Investigation
Type: NOTICEVolume: 88Number: 50Pages: 16030 - 16031
Pages: 16030, 16031Docket number: [Investigation No. 337-TA-1355]
FR document: [FR Doc. 2023-05264 Filed 3-14-23; 8:45 am]
Agency: International Trade Commission
Official PDF Version: PDF Version
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1355]
Certain Compact Wallets and Components Thereof; Institution of Investigation
AGENCY:
U.S. International Trade Commission.
ACTION:
Notice.
SUMMARY:
Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on February 6, 2023, under section 337 of the Tariff Act of 1930, as amended, on behalf of The Ridge Wallet LLC of Santa Monica, California. The complaint was supplemented on February 21, 2023. The 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 compact wallets and components thereof by reason of the infringement of certain claims of U.S. Patent No. 10,791,808 ("the '808 patent"). The complaint further alleges that an industry in the United States exists as required by the applicable Federal Statute. The complaint also alleges violations of section 337 based upon the importation into the United States, or in the sale of certain compact wallets and components thereof by reason of trade dress infringement, 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, and cease and desist orders.
ADDRESSES:
The complaint, except for any confidential information contained therein, may be viewed on the Commission's electronic docket (EDIS) at https://edis.usitc.gov. For help accessing EDIS, please email EDIS3Help@usitc.gov. 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.
FOR FURTHER INFORMATION CONTACT:
Pathenia M. Proctor, The Office of Unfair Import Investigations, (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 (2022).
Scope of Investigation: Having considered the complaint, the U.S. International Trade Commission, on March 9, 2023, ordered that -
(1) Pursuant to subsection (b) of section 337 of the Tariff Act of 1930, as amended,
(a) an investigation be instituted to determine whether there is a violation of subsection (a)(1)(A) of section 337 in the importation into the United States, or the sale of certain products identified in paragraph (2) by reason of trade dress infringement, the threat or effect of which is to destroy or substantially injure an industry in the United States;
(b) 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 1-4, 9, and 12-17 of the '808 patent, and whether an industry in the United States exists as required by subsection (a)(2) of section 337;
[top] (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
(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 Ridge Wallet LLC, 2448 Main Street, Santa Monica, CA 90405
(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:
Mosaic Brands, Inc., 1427 Vine Ln, Alamo, CA 94507-1153
Rosemar Enterprise LLC, d/b/a RossM Wallet, 333 E Amado Rd #253, Palm Springs, CA 92263-0253
INSGG, dongxiaolian No. 553, Wensan Road, West Lake District, Room 2019, Zhejiang SME Building, hangzhou city, Zhejiang Province, 330009, China
Shenzhen Swztech Co., Ltd d/b/a SWZA, 27E Building D, ZhongXin Garden, Buji Town, Shenzhen, GuangDong, 518112, China
ARW, Room 312-320, 3rd Building XingHui, Technology Park, HuaLing West Road, DaLang, LongHua, Shenzhen, Shenzhen, Guangdong, 518109, China
(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.
The Commission waives Rule 210.10(a)(1) as exceptional circumstances precluded adherence to the 30-day deadline, and the Commission's determination has been made as soon as possible after that deadline. See 19 CFR 210.10(a)(2).
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), as amended in 85 FR 15798 (March 19, 2020), such responses will be considered by the Commission if received not later than 20 days after the date of service by the complainant 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: March 9, 2023.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2023-05264 Filed 3-14-23; 8:45 am]
BILLING CODE 7020-02-P