[Federal Register Volume 82, Number 70 (Thursday, April 13, 2017)]
[Notices]
[Page 17859]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-07450]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-988]


Certain Pumping Bras: Issuance of a General Exclusion Order; 
Termination of the Investigation

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 issued a general exclusion order (GEO) denying entry of 
certain pumping bras. The investigation is terminated.

FOR FURTHER INFORMATION CONTACT: Cathy Chen, Esq., 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 https://www.usitc.gov. The public record for this investigation may be viewed 
on the Commission's electronic docket (EDIS) at https://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 March 14, 2016, based on a complaint filed on behalf of Simple 
Wishes, LLC (``Simple Wishes'') of Sacramento, California. 81 FR 13419-
20 (Mar. 14, 2016). The complaint alleges violations of section 337 of 
the Tariff Act of 1930, as amended, 19 U.S.C. 1337, by reason of 
infringement of certain claims of U.S. Patent Nos. 8,192,247 (``the 
'247 patent'') and 8,323,070 (``the '070 patent''). The complaint 
further alleges that a domestic industry exists. The Commission's 
notice of investigation named Buywish, TANZKY, BabyPreg, and Deal 
Perfect, all of China, as respondents. Simple Wishes asserted the '247 
patent only against respondent Buywish. The Office of Unfair Import 
Investigations (OUII) is also a party to the investigation.
    The Commission previously determined not to review an initial 
determination finding respondents TANZKY, BabyPreg, and Deal Perfect in 
default pursuant to 19 CFR 210.16 and 210.17. See Commission Notice 
(Jul. 8, 2016); Order No. 8. The Commission also previously determined 
not to review an initial determination terminating the investigation as 
to the last remaining respondent, Buywish, based on withdrawal of the 
complaint. See Commission Notice (Aug. 9, 2016); Order No. 9. As a 
result of the termination of the investigation as to Buywish, the '247 
patent is no longer at issue in this investigation.
    On August 30, 2016, Simple Wishes filed a motion for summary 
determination on domestic industry and violation of section 337 by the 
defaulting respondents. On October 31, 2016, the ALJ issued an ID 
(Order No. 11) granting Simple Wishes' motion for summary determination 
and recommending that the Commission issue a GEO and set a bond of 100 
percent during the Presidential review period. On December 14, 2016, 
the Commission determined to review the ID in-part, and on review, to 
modify the ID to set aside the patent and trademark prosecution and 
maintenance expenses from the domestic industry analysis. See 81 FR 
92852-53 (Dec. 20, 2016). The Commission's determination resulted in a 
finding of a section 337 violation. See id. The Commission requested 
written submissions on remedy, the public interest, and bonding. See 
id.
    On January 3, 2017, Simple Wishes submitted a brief on remedy, the 
public interest, and bonding, requesting that the Commission issue a 
GEO and set a bond of 100 percent during the Presidential review 
period. On January 4, 2017, the Commission Investigative Attorney 
(``IA'') also submitted a brief on remedy, the public interest, and 
bonding, supporting the ALJ's recommended GEO and bond of 100 percent. 
The IA further filed a response brief on January 11, 2017.
    The Commission finds that the statutory requirements for relief 
under section 337(g)(2) and section 337(d)(2) (19 U.S.C. 1337(g)(2) and 
1337(d)(2)) are met with respect to the defaulting respondents. In 
addition, the Commission finds that the public interest factors 
enumerated in section 337(d)(1) (19 U.S.C. 1337(d)(1)) do not preclude 
issuance of the statutory relief.
    The Commission has determined that the appropriate remedy in this 
investigation is a GEO prohibiting the unlicensed entry of certain 
pumping bras that infringe one or more of claims 10, 12, 14, and 27-37 
of the '070 patent. The Commission has also determined that the bond 
during the period of Presidential review pursuant to 19 U.S.C. 1337(j) 
shall be in the amount of 100 percent of the entered value of the 
imported articles that are subject to the GEO. The Commission's order 
was delivered to the President and to the United States Trade 
Representative on the day of its issuance.
    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.

     Issued: April 7, 2017.
Katherine M. Hiner,
Acting Supervisory Attorney.
[FR Doc. 2017-07450 Filed 4-12-17; 8:45 am]
 BILLING CODE 7020-02-P