[Federal Register Volume 85, Number 209 (Wednesday, October 28, 2020)]
[Notices]
[Pages 68366-68367]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-23837]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1226]


Certain Artificial Eyelash Extension Systems, Products, 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 September 10, 2020, under 
section 337 of the Tariff Act of 1930, as amended, on behalf of 
Lashify, Inc. of Glendale, California. 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 artificial eyelash extension systems, products, 
and components thereof by reason of infringement of certain claims of 
U.S. Patent No. 10,660,388 (``the '388 patent''); U.S. Patent No. 
10,721,984 (``the '984 patent''); U.S. Design Patent No. D877,416 
(``the 'D416 patent''); and U.S. Patent No. D867,664 (``the 'D664 
patent''). 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 by accessing its internet server at https://www.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 (2020).
    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on October 22, 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 
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 of one or more of 
claims 1-4 and 7-22 of the '388 patent; claims 1-29 of the '984; the 
claim of the 'D416 patent; and the claim of the 'D664 patent; and 
whether an industry in the

[[Page 68367]]

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 ``artificial eyelash 
extensions, cartridges for packaging and storage of artificial eyelash 
extensions, application devices, bonding agents, and removers, as well 
as artificial eyelash extension systems containing one or more of the 
same'';
    (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:

Lashify, Inc., 11437 Chandler Boulevard, Suite A, Glendale, CA 91601

    (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:

KISS Nail Products, Inc., 25 Harbor Park Drive, Port Washington, NY 
11050
Ulta Beauty, Inc., 1000 Remington Boulevard, Suite 120, Bolingbrook, IL 
60440
Walmart, Inc., 702 SW 8th Street, Bentonville, AR 72716
CVS Health Corporation, One CVS Drive, Woonsocket, RI 02895
Qingdao Hollyren Cosmetics Co., Ltd. d/b/a Hollyren, No. 3 Qianbali 
East Road, Pingdu Development Zone, Pingdu City, Qingdao City, Shandong 
Province, China
Qingdao Xizi International Trading Co., Ltd. d/b/a Xizi Lashes, No. 3 
Qianbali East Road, Pingdu Development Zone, Pingdu City, Qingdao City, 
Shandong Province, China
Qingdao LashBeauty Cosmetic Co., Ltd. d/b/a Worldbeauty, Room 219, No. 
2 Building Yinhua Plaza, No. 190 Shandong Road, Shibei District, 
Qingdao, China, 266034
Alicia Zeng d/b/a Lilac St.; Artemis Family Beginnings, Inc., 918 Capp 
St., San Francisco, CA 94110
Rachael Gleason d/b/a Avant Garde Beauty Co., 990 Singleton Blvd., Apt. 
1259, Dallas, TX 75212

    (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), 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 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: October 23, 2020.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2020-23837 Filed 10-27-20; 8:45 am]
BILLING CODE 7020-02-P