[Federal Register Volume 85, Number 212 (Monday, November 2, 2020)]
[Notices]
[Pages 69357-69358]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-24167]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1142]


Notice of Commission Determination To Issue a Corrected General 
Exclusion Order; Certain Pocket Lighters

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 issue a corrected general exclusion order 
(``GEO'') in the above-captioned investigation.

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 BIC Corporation (``Complainant'') 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 Import Export Company, LLC 
(``Milan'') of San Diego, California; Wellpine Company Limited of Hong 
Kong, China; and Zhuoye Lighter Manufacturing Co., Ltd. of Foshan City, 
China (collectively, ``Defaulting Respondents''). See id. The Office of 
Unfair Import Investigations 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 February 12, 2020, the ALJ issued an 
ID granting Complainant's motion for summary determination of violation 
of section 337 by the Defaulting Respondents.
    On June 22, 2020, the Commission issued a notice determining to 
affirm the ID and terminating the investigation. See 85 FR 38389-90 
(June 26, 2020). The Commission also determined to issue a GEO 
prohibiting the unlicensed entry of certain pocket lighters that 
infringe Complainant's asserted trade dress and a CDO directed to 
defaulting respondent Milan. See id. The GEO, however, inadvertently 
omits a provision requiring Complainant to file a yearly written 
statement with the Commission attesting that Complainant

[[Page 69358]]

continues to use the asserted trade dress in commerce in the United 
States, that the asserted trade dress has not been abandoned, 
cancelled, or rendered invalid or unenforceable, and that Complainant 
continues to satisfy the domestic industry requirement.
    The Commission has determined to issue a corrected GEO including 
the reporting requirement.
    The Commission's vote on this determination took place on October 
27, 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 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: October 27, 2020.
Lisa Barton.
Secretary to the Commission.
[FR Doc. 2020-24167 Filed 10-30-20; 8:45 am]
BILLING CODE 7020-02-P