[Federal Register Volume 84, Number 29 (Tuesday, February 12, 2019)]
[Notices]
[Pages 3486-3487]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-01982]
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1142]
Certain Pocket Lighters; Institution of Investigation
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that a complaint was filed with the
U.S. International Trade Commission on December 6, 2018, under section
337 of the Tariff Act of 1930, as amended, on behalf of BIC Corporation
of Shelton, Connecticut. Supplements were filed on December 18, 2018
and February 1, 2019. 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 pocket lighters by reason of infringement of U.S. Trademark
Registration No. 1,761,622 (``the '622 mark'') and U.S. Trademark
Registration No. 2,278,917 (``the '917 mark''). The complaint further
alleges that an industry in the United States exists as required by the
applicable Federal Statute.
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
[[Page 3487]]
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 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.
FOR FURTHER INFORMATION CONTACT: Pathenia M. Proctor, 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, 19
U.S.C. 1337, and in section 210.10 of the Commission's Rules of
Practice and Procedure, 19 CFR 210.10 (2018).
Scope of Investigation: Having considered the complaint, the U.S.
International Trade Commission, on February 6, 2019, 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)(C) 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 products
identified in paragraph (2) by reason of infringement the '622 mark or
the '917 mark; and whether an industry in the United States exists as
required by subsection (a)(2) of section 337;
(2) Pursuant to section 210.10(b)(1) of the Commission's Rules of
Practice and Procedure, 19 CFR 210.10(b)(1), the plain language
description of the accused products or category of accused products,
which defines the scope of the investigation, is ``pocket lighters that
include an oblong body which is elliptical in cross-section, a fork
which is generally parabolic in cross-section, and/or a hood which is
generally parabolic in cross-section'';
(3) 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: BIC Corporation, 1 BIC Way, Shelton, CT
06484.
(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:
Arrow Lighter, Inc. d/b/a MK Lighter, Inc., and MK Lighter Company,
13942 E Valley Boulevard, City of Industry, CA 91746
Benxi Fenghe Lighter Co., Ltd., Huanxi Ling Village, Wolong Town,
Mingshan District, Benxi, Liaoning Province, China 117000
Excel Wholesale Distributors Inc., 15-13 132nd Street, College Point,
NY 11356
Milan Import Export Company, LLC, Camino Del Rio S Suite 120, San
Diego, CA 92108
Wellpine Company Limited, Unit 701, Grand City Plaza, No. 1-17 Sai Lau
Kok Road, Tsuen Wan, N.T., Hong Kong 999077
Zhuoye Lighter Manufacturing Co., Ltd., No. 2, 3rd, New Technological
Industrial Zone, Foshan City, Guangdong,, China 528000
(c) The Office of Unfair Import Investigations, U.S. International
Trade Commission, 500 E Street SW, Suite 401, Washington, DC 20436; and
(4) 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: February 7, 2019.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2019-01982 Filed 2-11-19; 8:45 am]
BILLING CODE 7020-02-P