[Federal Register Volume 85, Number 124 (Friday, June 26, 2020)]
[Notices]
[Pages 38389-38390]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-13765]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1142]


Certain Pocket Lighters; Notice of Commission Final Determination 
of a Violation of Section 337; Issuance of a General Exclusion Order 
and a Cease and Desist 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 determined to affirm an initial determination (``ID'') 
of the presiding administrative law judge (``ALJ'') granting the motion 
of BIC Corporation (``BIC'' or ``Complainant'') for summary 
determination of a violation of section 337 by respondents Milan Import 
Export Company, LLC (``Milan''); Wellpine Company Limited 
(``Wellpine''); and Zhuoye Lighter Manufacturing Co., Ltd. (``Zhuoye'') 
(collectively, ``the Defaulting Respondents''). The Commission has also 
determined to issue a general exclusion order (``GEO'') barring entry 
of certain pocket lighters including 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, that 
infringe Complainant's asserted trade dress. The Commission has further 
determined to issue a cease and desist order (``CDO'') directed to 
respondent Milan. The investigation is terminated.

FOR FURTHER INFORMATION CONTACT: Houda Morad, Office of the General 
Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone (202) 708-4716. Copies of non-
confidential documents filed in connection with this investigation may 
be viewed on the Commission's electronic docket (EDIS) at https://edis.usitc.gov. For help accessing EDIS, please email 
[email protected]. General information concerning the Commission may 
also be obtained by accessing its internet server at https://www.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: On February 12, 2019, the Commission 
instituted this investigation under section 337 of the Tariff Act of 
1930, as amended, 19 U.S.C. 1337 (``section 337''), based on a 
complaint filed by Complainant BIC of Shelton, Connecticut. See 84 FR 
3486-87 (Feb. 12, 2019). The complaint, as supplemented, alleges a 
violation 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 Nos. 1,761,622 and 2,278,917. See id. 
The notice of investigation names numerous respondents, including Milan 
of San Diego, California; Wellpine of Hong Kong; and Zhuoye of Foshan 
City, China (collectively, ``Defaulting Respondents''). See id. The 
Office of Unfair Import Investigations (``OUII'') is also a party to 
the investigation. See id.
    The Commission previously terminated other respondents based on 
settlement and entry of a consent order. See Order No. 21 (Oct. 30, 
2019), unreviewed, Comm'n Notice (Nov. 25, 2019). The Commission also 
terminated an unserved respondent based on the withdrawal of the 
complaint allegations as to that respondent. See Order No. 23 (Dec. 18, 
2019), unreviewed, Comm'n Notice (Jan. 16, 2020).
    The Commission further found each of the Defaulting Respondents in 
default. See Order No. 13 (June 6, 2019), unreviewed, Comm'n Notice 
(July 8, 2019); Order No. 14 (June 6, 2019), unreviewed, Comm'n Notice 
(July 8, 2019); Order No. 15 (June 18, 2019), aff'd with modification, 
Comm'n Notice (July 10, 2019).
    On November 14, 2019, Complainant filed a motion for summary 
determination of a violation of section 337 by the Defaulting 
Respondents. On December 16, 2019, OUII filed a response in support of 
Complainant's motion. On February 12, 2020, the ALJ issued an ID 
granting Complainant's motion for summary determination of violation of 
section 337 by the Defaulting Respondents. No petition for review of 
the ID was filed.
    On April 22, 2020, the Commission determined to review the ID in 
part with respect to the ID's findings on the economic prong of the 
domestic industry requirement. See 85 FR 23528-29 (Apr. 28, 2020). The 
Commission's notice also requested written submissions on remedy, the 
public interest, and bonding. See id. On May 8, 2020, Complainant and 
OUII submitted written submissions, and on May 15, 2020, Complainant 
submitted a reply submission, in response to the Commission's notice. 
No other submissions were received.

[[Page 38390]]

    As explained in the Commission's Opinion issued concurrently 
herewith, the Commission has determined to affirm the ID's findings 
with respect to the economic prong of the domestic industry requirement 
and, thus, the ID's finding of a violation of section 337. The 
Commission has also determined that the appropriate remedy in this 
investigation is: (1) A GEO prohibiting the unlicensed entry of certain 
pocket lighters including 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, that infringe 
Complainant's asserted trade dress, pursuant to section 337(d)(2) (19 
U.S.C. 1337(d)(2)); and (2) a CDO directed to defaulting respondent 
Milan, pursuant to section 337(f)(1) (19 U.S.C. 1337(f)(1)). The 
Commission has further determined that the bond during the period of 
Presidential review pursuant to section 337 (j) (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 and/or CDO. Still 
further, the Commission has determined that the public interest factors 
enumerated in subsections 337(d)(1) and (f)(1) (19 U.S.C. 1337(d)(1), 
(f)(1)) do not preclude the issuance of the GEO and CDO.
    The Commission vote for this determination took place on June 22, 
2020.
    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).
    While temporary remote operating procedures are in place in 
response to COVID-19, the Office of the Secretary is not able to serve 
parties that have not retained counsel or otherwise provided a point of 
contact for electronic service. Accordingly, pursuant to Commission 
Rules Sec. Sec.  201.16(a) and 210.7(a)(1) (19 CFR 201.16(a), 
210.7(a)(1)), the Commission orders that the Complainant(s) complete 
service for any party/parties without a method of electronic service 
noted on the attached Certificate of Service and shall file proof of 
service on the Electronic Document Information System (EDIS).

    By order of the Commission.

    Issued: June 22, 2020.
William Bishop,
Supervisory Hearings and Information Officer.
[FR Doc. 2020-13765 Filed 6-25-20; 8:45 am]
BILLING CODE 7020-02-P