[Federal Register Volume 85, Number 172 (Thursday, September 3, 2020)]
[Notices]
[Pages 55030-55031]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-19465]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1216]


Certain Vacuum Insulated Flasks and Components Thereof; 
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 July 29, 2020, under section 337 
of the Tariff Act of 1930, as amended, on behalf of Steel Technology, 
LLC d/b/a Hydro Flask of Bend, Oregon and Helen of Troy Limited of El 
Paso, Texas. A supplement was filed on August 18, 2020. The complaint, 
as supplemented, 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 vacuum 
insulated flasks and components thereof by reason of infringement of: 
(1) The sole claims of U.S. Design Patent No. D806,468 (``the '468 
patent''); U.S. Design Patent No. D786,012 (``the '012 patent''); U.S. 
Design Patent No. D799,320 (``the '320 patent''); and (2) U.S. 
Trademark Registration No. 4,055,784 (``the '784 trademark''); U.S. 
Trademark Registration No. 5,295,365 (``the '365 trademark''); U.S. 
Trademark Registration No. 5,176,888 (``the '888 trademark''); and U.S. 
Trademark Registration No. 4,806,282 (``the '282 trademark''). 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 therein, may be viewed on the Commission's electronic docket 
(EDIS) at https://edis.usitc.gov. For help accessing EDIS, please email 
[email protected]. 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

[[Page 55031]]

by accessing its internet server at https://www.usitc.gov.

FOR FURTHER INFORMATION CONTACT: Pathenia Proctor, 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 (2020).
    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on August 28, 2020, 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:
    (a) there is a violation of subsection (a)(1)(B) 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 sole claim of 
the '468 patent; the sole claim of the '012 patent; and the sole claim 
of the '320 patent; and whether an industry in the United States exists 
as required by subsection (a)(2) of section 337;
    (b) 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 of one or more of 
the '784 trademark; the '365 trademark; the '888 trademark; and the 
'282 trademark, 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 ``vacuum insulated 
flasks made of stainless steel and caps for such flasks, including 
round caps with a strap secured on either side of the cap, and straw 
caps.'';
    (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:
    Steel Technology, LLC d/b/a, Hydro Flask, 525 NW York Drive, Bend, 
OR 97703.
    Helen of Troy Limited, 1 Helen Of Troy Plaza, El Paso, TX 79912.
    (b) The respondent is the following entity alleged to be in 
violation of section 337, and is the party upon which the complaint is 
to be served:
    Everich and Tomic Houseware Co., Ltd., 29/F, UDC Times Building, 
Tower A, No. 8, Xinye Road, Hangzhou, China 310016.
    Cangnan Kaiyisi E-Commerce Technology, Co., Ltd., Room 201, No. 
119, Building 4, Demonstration Industrial Park, Longjin, Avenue, 
Longgang Town, Cangnan County, Wenzhou, Zhejiang, China 325800.
    Shenzhen Huichengyuan Technology Co., Ltd., No. 249 Shopping 
Street, Fuwei Road, Xiashiwei Village, Fuyong, Baoan District, 
Shenzhen, Guangdong, China 518130.
    Sinbada Impex Co., Ltd., Room 1001, Baiyue Center, Zhidi Plaza, 
200, Huaining Road, Government Affairs District, Hefei, Anhui, China 
231000.
    Yongkang Huiyun Commodity Co., Ltd., No. 1, Jiasheng Road, Fangyan 
Town, Yongkang, Jinhua, Zhejiang, China 321308.
    Wuyi Loncin Bottle Co., Limited, Yugui Road, Huachuan Industry 
Zone, Yongkang, Jinhua, Zhejiang, China 321300.
    Yiwu Honglu Daily Necessities Co., Ltd., No. 53, Lake Gate Village, 
Yiwu City, Zhejiang, China 322003.
    Zhejiang Yuchuan Industry & Trade Co., Ltd., Wangyuan Industry 
Zone, Quanxi Town, Wuyi County, Jinhua, Zhejiang, China 321201.
    Zhejiang Yongkang Unique Industry & Trade Co., Ltd., No. 3, Yuansan 
Road, Baiyun Industry Zone, Yongkang, Jinhua, Zhejiang, China 321300.
    Suzhou Prime Gifts Co., Ltd., Room 412, Block 38, Qidi Tech Park, 
No. 60, Weixin Road, Ind. Zone, Suzhou, Jiangsu, China 215021.
    Hangzhou Yuehua Technology Co., Ltd., Room 203, Building 4, 
Chuangzhi Lvgu Development Centre, No. 788, Hongpu Road, Jianggan 
Dist., Hangzhou, Zhejiang, China 310000.
    Guangzhou Yawen Technology Co., Ltd., Room 503, No. 85 South Shatai 
Road, Tianhe District, Guangzhou, China 510000.
    Yiwu Yiju E-commerce Firm, Room 502, Unit 1, Building 55, Zongtang 
1st District, Jiangdong Street, Yiwu City, Zhejiang Province, China 
322000.
    Jinhua Ruizhi Electronic Commerce Co., Ltd., No. 19 East 
Huangyantou Village, Bailongqiao Town, Wucheng District, Jinhua City, 
Zhejiang Province, China 321000.
    Womart (Tianjin) International Trade Co., Ltd., 18-1-402, 
Yilinyuan, Donghai Street, Tianjin, China 300000.
    Shenzhen Yaxin General Machinery Co., Ltd., 301A, 3/F, No. 17, 
Phase 1, Xinxing Industrial Park, Xinhe Community, Fuhai Street, Baoan 
District, Shenzhen, China, 518130.
    Dunhuang Group a.k.a. DHgate, 6F Dimeng Commercial Building, No. 3-
2 Hua Yuan Road, Haidian District, Beijing, China 100191.
    Eddie Bauer, LLC, 10401 NE 8th Street Suite 500, Bellevue, WA 
98004.
    PSEB Holdings, LLC, Corporation Trust Center 1209 Orange Street, 
Wilmington, DE 19810.
    HydroFlaskPup, 4525 East Gelding Drive, Phoenix, Arizona 85032.
    (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 respondent 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), as amended in 85 FR 15798 
(March 19, 2020), such responses will be considered by the Commission 
if received not later than 20 days after the date of service by the 
complainant 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 the 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: August 28, 2020.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2020-19465 Filed 9-2-20; 8:45 am]
BILLING CODE 7020-02-P