[Federal Register Volume 80, Number 208 (Wednesday, October 28, 2015)]
[Notices]
[Page 66040]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-27333]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-961]


Certain Lip Balm Products, Containers for Lip Balm, and 
Components Thereof; Commission Decision not To Review an Initial 
Determination Granting a Motion To Terminate the Investigation; 
Investigation Terminated 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 the presiding administrative 
law judge's (``ALJ'') initial determination (``ID'') (Order No. 12) 
terminating the investigation as to certain respondents based on a 
settlement agreement, and as to all other remaining respondents based 
on withdrawal of the 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 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. 
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 July 15, 2015, based on a complaint filed by eos Products, LLC and 
The Kind Group LLC, both of New York, New York. 80 FR 41513 (Jul. 15, 
2015). The complaint alleges violations of section 337 of the Tariff 
Act of 1930, as amended, 19 U.S.C. 1337, in 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 complaint further alleges that 
an industry in the United States exists or is in the process of being 
established. The notice of investigation named ten respondents. The 
Commission previously terminated respondents OraLabs, Inc., Dollar 
Tree, Inc. and Dollar Tree Stores, Inc. based on settlement agreements.
    On September 23, 2015, the complainants filed a motion (1) to 
terminate Wuxi Sunmart Science and Technology Co., Ltd. a/k/a Wuxi 
Sunmart Group Co., Ltd. a/k/a Wuxi Shengma Science & Technology Co., 
Ltd., and Wuxi Sunmart Plastic Co., Ltd. (collectively, ``Sunmart'') on 
the basis of a settlement agreement; (2) to withdraw the complaint as 
to the remaining respondents, namely, CVS Health Corporation, CVS 
Pharmacy, Inc., Five Below Inc., Walgreens Boots Alliance, Inc., and 
Walgreen Co.; and (3) to stay all procedural schedule deadlines pending 
the resolution of the motion. Complainants filed a corrected motion on 
September 28, 2015. The motion included an unredacted public version of 
the settlement agreement. Complainants affirmed that there are no other 
agreements, written or oral, express or implied, between complainants 
and Sunmart and between complainants and the remaining respondents 
concerning the subject matter of the investigation. None of the other 
parties opposed the motion.
    On September 28, 2015, the ALJ granted the motion as an ID. The ALJ 
found no information indicating that termination of the investigation 
with respect to Sunmart on the basis of the settlement agreement is 
contrary to the public health and welfare, competitive conditions in 
the U.S. economy, the production of like or directly competitive 
articles in the United States, or U.S. consumers. Order No. 12 at 3. 
The ALJ also found no extraordinary circumstances that prevent the 
termination of the investigation as to the remaining respondents.
    No petitions for review of the ID were filed. The Commission has 
determined not to review the ID. The investigation is terminated in its 
entirety.
    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 Part 210 of the Commission's Rules of Practice and Procedure (19 CFR 
part 210).

    By order of the Commission.

    Dated: October 22, 2015.
Lisa R. Barton,
Secretary to the Commission.

[FR Doc. 2015-27333 Filed 10-27-15; 8:45 am]
 BILLING CODE 7020-02-P