[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