[Federal Register Volume 84, Number 103 (Wednesday, May 29, 2019)]
[Notices]
[Pages 24815-24816]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-11096]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1157]
Certain Female Fashion Dresses, Jumpsuits, Maxi Skirts, and
Accoutrements; 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 March 20, 2019, under section
337 of the Tariff Act of 1930, as amended, on behalf of Style Pantry
LLC of Beverly Hills, California. An amended complaint was filed on
April 24, 2019. The amended complaint alleges violations of section 337
based upon the importation and sale of certain female fashion dresses,
jumpsuits, maxi skirts, and accoutrements by reason of false
designation, false description, dilution, and obtaining sales by false
claim of association, 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 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 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 (2019).
Scope of Investigation: Having considered the amended complaint,
the U.S. International Trade Commission, on May 21, 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)(A) of section 337 in the
importation into the United States, or in the sale of certain products
identified in paragraph (2) by reason of false designation of origin or
source, false advertising, or unfair competition in violation of 15
U.S.C. 1125(a), the threat or effect of which is to destroy or
substantially injure an industry in the United States;
[[Page 24816]]
(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 ``female jumpsuit
dresses, frill sleeves jumpsuits, buttoned shoulder dolman sleeve
jumpsuits, Navy bell sleeve wide leg jumpsuits, folded collar
jumpsuits, maxi skirts, wrap bodice dresses, midi dresses, and pant
dresses'';
(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: Style Pantry LLC, 8950 W. Olympic
Boulevard, Suite 505, Beverly Hills, CA 90211.
(b) The respondents are the following entities alleged to be in
violation of section 337, and are the parties upon which the amended
complaint is to be served:
Amazon.com Inc., 440 Terry Avenue North, Seattle, WA 98109
Xunyun, Jiaxing Xunyung Imp & Exp Co. Ltd (10-05), Chuang Ye Da Sha,
#808 Chengnan Rd, No. 1539, NanHuQu, JiaXingShi Zhejiang 314000, China
Jianzhang Liao, Pinkqueen Apparel Inc., #702 Jiayi Building, No. 598
Jiahe Rd, Huli District, Xiamen, China 361000
(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 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 amended complaint
and the notice of investigation. Extensions of time for submitting
responses to the 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 amended complaint and in this notice may be deemed to
constitute a waiver of the right to appear and contest the allegations
of the 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 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: May 22, 2019.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2019-11096 Filed 5-28-19; 8:45 am]
BILLING CODE 7020-02-P