[Federal Register Volume 85, Number 231 (Tuesday, December 1, 2020)]
[Notices]
[Pages 77239-77240]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-26409]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1216]


Certain Vacuum Insulated Flasks and Components Thereof; Notice of 
a Commission Determination Not To Review an Initial Determination 
Granting Complainants' Motion To Amend the Complaint and the Notice of 
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 not to review an initial determination 
(``ID'') (Order No. 12) of the presiding chief administrative law judge 
(``CALJ'') granting complainants' motion to amend the complaint and the 
notice of investigation.

FOR FURTHER INFORMATION CONTACT: Michael Liberman, Esq., Office of the 
General Counsel, U.S. International

[[Page 77240]]

Trade Commission, 500 E Street SW, Washington, DC 20436, telephone 
(202) 205-2392. 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 September 3, 2020, 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 Steel Technology LLC d/b/a Hydro Flask and Helen of 
Troy Limited (collectively, ``Complainants''). 85 FR 55030-31 (Sep. 3, 
2020). The complaint alleges a violation 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 vacuum 
insulated flasks and components thereof by reason of infringement of: 
(1) The sole claim of U.S. Design Patent Nos. D806,468; D786,012 (``the 
'012 patent''); and D799,320; and (2) U.S. Trademark Registration Nos. 
4,055,784; 5,295,365; 5,176,888; and 4,806,282. The complaint also 
alleges the existence of a domestic industry. The notice of 
investigation names the following as respondents: Everich and Tomic 
Houseware Co., Ltd. of Hangzhou, China (``Everich''); Cangnan Kaiyisi 
E-Commerce Technology, Co., Ltd. of Wenzhou, Zhejiang, China; Shenzhen 
Huichengyuan Technology Co., Ltd. of Shenzhen, Guangdong, China; 
Sinbada Impex Co., Ltd. of Hefei, Anhui, China; Yongkang Huiyun 
Commodity Co., Ltd. of Jinhua, Zhejiang, China; Wuyi Loncin Bottle Co., 
Limited of Jinhua, Zhejiang, China; Yiwu Honglu Daily Necessities Co., 
Ltd. of Yiwu City, Zhejiang, China; Zhejiang Yuchuan Industry & Trade 
Co., Ltd. of Jinhua, Zhejiang, China; Zhejiang Yongkang Unique Industry 
& Trade Co., Ltd. of Jinhua, Zhejiang, China; Suzhou Prime Gifts Co., 
Ltd. of Suzhou, Jiangsu, China; Hangzhou Yuehua Technology Co., Ltd. of 
Hangzhou, Zhejiang, China; Guangzhou Yawen Technology Co., Ltd. of 
Guangzhou, China; Yiwu Yiju E-commerce Firm of Yiwu City, Zhejiang 
Province, China; Jinhua Ruizhi Electronic Commerce Co., Ltd. of Jinhua 
City, Zhejiang Province, China; Womart (Tianjin) International Trade 
Co., Ltd. of Tianjin, China; Shenzhen Yaxin General Machinery Co., Ltd. 
of Shenzhen, China; Dunhuang Group a.k.a. DHgate of Beijing, China; 
Eddie Bauer, LLC of Bellevue, Washington; PSEB Holdings, LLC of 
Wilmington, Delaware; and HydroFlaskPup of Phoenix, Arizona. Id. at 
55031. The Commission's Office of Unfair Import Investigations 
(``OUII'') is also named as a party in this investigation. Id.
    On October 16, 2020, Complainants moved to amend the complaint and 
notice of investigation to: ``(1) assert the '012 patent against 
additional infringing products sold by Everich; (2) incorporate into 
the complaint the information and additional paragraphs included in 
Complainants' Supplemental Letter to the Commission of August 18, 2020; 
and (3) correct the corporate names of four non-appearing 
respondents.'' Mot. at 1. Specifically, the requested amendment seeks 
to amend the complaint and notice of investigation to correctly name 
Yiwu Yiju E-Commerce Firm as ``Yiwu Houju E-Commerce Firm,'' Jinhua 
Ruizhi Electronic Commerce Co., Ltd. as ``Jinhua City Ruizhi E-Commerce 
Co., Ltd.,'' Womart (Tianjin) International Trade Co., Ltd. as ``Wo Ma 
Te (Tianjin) International Trade Co., Ltd.,'' and Shenzhen Yaxin 
General Machinery Co., Ltd. as ``Shenzhen City Yaxin General Machinery 
Co., Ltd.'' Id. On October 28, 2020, Everich filed an opposition to the 
motion with respect to Complainants' first proposed amendment, but took 
no position as to the second and third proposed amendments. Opp. at 2. 
n.1. According to the motion, respondents Eddie Bauer, LLC and Dunhuang 
Group took no position. Mot. at 3. On October 28, 2020, OUII filed a 
response in support of the motion.
    On November 6, 2020, the CALJ issued the subject ID (Order No. 12) 
granting Complainants' motion. Based on the review of the evidence, the 
ID finds that good cause exists to amend the complaint and the notice 
of institution of investigation. The ID also finds that amending the 
complaint and notice of investigation will promote judicial efficiency 
and is not prejudicial to any party. No party petitioned for review of 
the ID.
    The Commission has determined not to review the subject ID.
    The Commission vote for this determination took place on November 
24, 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.

    By order of the Commission.
    Issued: November 24, 2020.
William Bishop,
Supervisory Hearings and Information Officer.
[FR Doc. 2020-26409 Filed 11-30-20; 8:45 am]
BILLING CODE 7020-02-P