[Federal Register Volume 80, Number 135 (Wednesday, July 15, 2015)]
[Notices]
[Pages 41513-41514]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-17371]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-961]


Certain Lip Balm Products, Containers for Lip Balm and Components 
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 12, 2015, under section 337 
of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of eos 
Products, LLC of New York, New York and The Kind Group LLC of New York, 
New York. A supplement to the complaint was filed on June 30, 2015. The 
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 lip balm products, 
containers for lip balm, and components thereof by reason of 
infringement of certain claims of U.S. Patent No. 8,888,391 (``the '391 
patent''). The complaint further alleges that an industry in the United 
States exists or is in the process of being established as required by 
subsection (a)(2) of section 337.
    The complainants request that the Commission institute an 
investigation and, after the investigation, issue a limited exclusion 
order and cease and desist orders.

ADDRESSES: The 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 complaint, the U.S. 
International Trade Commission, on July 9, 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 
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 lip balm 
products, containers for lip balm, and components thereof by reason of 
infringement of one or more of claims 1-3, 5-7, 10-18, 20-22, and 25-30 
of the '391 patent, and whether an industry in the United States exists 
or is in the process of being established as required by subsection 
(a)(2) of section 337;
    (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:

eos Products, LLC, 19 West 44th Street, Suite 811, New York, NY 10036
The Kind Group LLC, 19 West 44th Street, Suite 811, New York, NY 10036

    (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:

OraLabs, Inc., 18685 East Plaza Drive, Parker, CO 80134
CVS Health Corporation, 1 CVS Drive, Woonsocket, RI 02895-6146
CVS Pharmacy, Inc., 1 CVS Drive, Woonsocket, RI 02895-6195
Walgreens Boots Alliance, Inc., 108 Wilmot Road, Deerfield, IL 60015
Walgreen Co., 108 Wilmot Road, Deerfield, IL 60015
Dollar Tree, Inc., 500 Volvo Parkway, Chesapeake, VA 23320-1604
Dollar Tree Stores, Inc., 500 Volvo Parkway, Chesapeake, VA 23320
Five Below Inc., 1818 Market Street, Suite 1900, Philadelphia, PA 19103
Wuxi Sunmart Science and Technology Co., Ltd., a/k/a Wuxi Sunmart Group 
Co., Ltd., a/k/a Wuxi Shengma Science & Technology Co., Ltd., No. 268 
Huandong Road, Huangtang Industrial Park, Wuxi, Jiangsu 214407 China
Wuxi Sunmart Plastic Co., Ltd., No. 268 Huandong Road, Huangtang 
Industrial Park, Wuxi, Jiangsu 214407 China

    (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 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 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

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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: July 10, 2015.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2015-17371 Filed 7-14-15; 8:45 am]
 BILLING CODE 7020-02-P