[Federal Register Volume 81, Number 147 (Monday, August 1, 2016)]
[Notices]
[Pages 50549-50550]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-18073]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1015]


Certain Hand Dryers and Housings for Hand Dryers: 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.

[[Page 50550]]

International Trade Commission on June 24, 2016, under section 337 of 
the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Excel 
Dryer, Inc. of East Longmeadow, Massachusetts. A supplement to the 
complaint was filed on July 14, 2016. The complaint alleges violations 
of section 337 based upon the importation into the United States, or in 
the sale of certain hand dryers and housings for hand dryers 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 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.

SUPPLEMENTARY INFORMATION:
    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 (2016).
    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on July 26, 2016, 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)(A) of section 337 in the 
importation into the United States, or in the sale of certain hand 
dryers and housings for hand dryers by reason of trade dress 
infringement, the threat or effect of which is to destroy or 
substantially injure an industry in the United States;
    (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:

Excel Dryer, Inc., 357 Chestnut Street, East Longmeadow, MA 01028

    (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:

ACL Group (Intl.) Ltd., Hill Farm, Sleep Hill Lane, Skelbrooke, 
Doncaster DN6 8LZ, United Kingdom
Alpine Industries Inc., 27 Selvage Street, Irvington, New Jersey 07111
FactoryDirectSale, 3900 E. Philadelphia Street, Ontario, CA 91761
Fujian Oryth Industrial Co., Ltd., (a/k/a Oryth), No.863 Xiahe Road, 
Siming District, Xiamen, Fujian, 361006, China
Jinhua Kingwe Electrical Co. Ltd., (a/k/a Kingwe), No. 1600, West 
Wujiang Road, Jinhua City, Zhejiang Province, 321018, China
Penson & Co., Room 1011, N 218 Hengfeng Road, Zhabei District, 
Shanghai, China
Taizhou Dihour Electrical Appliances Co., Ltd., a/k/a Dihour, North 
Dashi Class I Highway, Daxi Town, Wenling City, ZheJiang Province 
317525, China
TC Bunny Co., Ltd., Room 201, Building 418, Madang Road, Shanghai, 
China
Toolsempire, 3900 E. Philadelphia Street, Ontario, CA 91761
US Air Hand Dryer, c/o Kristen Nguyen, 9221 Rose Parade Way, 
Sacramento, CA 95826
Sovereign Industrial (Jiaxing) Co. Ltd., d/b/a Vinovo, No. 111 Xiuxin 
Road, Xiuzhou Industrial Park, Jiaxing Zhejiang Jiaxing 314000, China
Zhejiang Aike Appliance Co., Ltd., Yong'an Industry Park, Xianju, 
Taizhou, Zhejiang, 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 
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 26, 2016.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2016-18073 Filed 7-29-16; 8:45 am]
 BILLING CODE 7020-02-P