[Federal Register Volume 85, Number 244 (Friday, December 18, 2020)]
[Notices]
[Pages 82514-82515]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-28038]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1230]


Certain Electric Shavers and Components and Accessories Thereof; 
Notice of a Commission Determination Not To Review an Initial 
Determination Granting a Motion for Benepuri LLC To Intervene and To 
Terminate Respondent Rayenbarny Inc. for Good Cause

AGENCY:  U.S. International Trade Commission.

ACTION: Notice.

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[[Page 82515]]

SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission (``Commission'') has determined not to review an initial 
determination (``ID'') (Order No. 4) of the presiding administrative 
law judge (``ALJ''), granting a motion by Benepuri LLC of Menands, New 
York (``Benepuri'') to intervene in the above-referenced investigation 
and to terminate the investigation as to respondent Rayenbarny Inc. of 
New York, New York (``Rayenbarny'').

FOR FURTHER INFORMATION CONTACT: Panyin A. Hughes, Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone (202) 205-3179. 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, telephone (202) 205-1810.

SUPPLEMENTARY INFORMATION: On November 18, 2020, the Commission 
instituted this investigation based on a complaint filed by Skull 
Shaver, LLC of Moorestown, New Jersey (``Skull Shaver''). 85 FR 73510-
11 (Nov. 18, 2020). The complaint alleged violations of section 337 
based on the importation into the United States, the sale for 
importation, or the sale within the United States after importation of 
certain electric shavers and components and accessories thereof by 
reason of infringement of certain claims of U.S. Patent Nos. 8,726,528 
and D672,504. Id. The Commission's notice of investigation named the 
following eleven entities as respondents: Rayenbarny; Bald Shaver Inc. 
of Toronto, Canada; Suzhou Kaidiya Garments Trading Co., Ltd. d.b.a. 
``Digimator'' of Suzhou, China; Shenzhen Aiweilai Trading Co., Ltd. 
d.b.a. ``Teamyo'' of Shenzhen, China; Wenzhou Wending Electric 
Appliance Co., Ltd. of Yueqing City, China; Shenzhen Nukun Technology 
Co., Ltd. d.b.a. ``OriHea'' of Shenzhen, China; Yiwu Xingye Network 
Technology Co. Ltd. d.b.a. ``Roziapro'' of Yiwu, China; Magicfly LLC of 
Hong Kong; Yiwu City Qiaoyu Trading Co., Ltd. of Yiwu, China; Shenzhen 
Wantong Information Technology Co., Ltd. d.b.a. ``WTONG'' of Shenzhen, 
China; and Shenzhen Junmao International Technology Co., Ltd. d.b.a. 
``Homeas'' of Shenzhen, China. The notice of investigation also named 
the Office of Unfair Import Investigations (``OUII'') as a party. Id.
    On November 18, 2020, Benepuri filed a motion to intervene in this 
investigation, asserting that it has an interest in the investigation 
because one of its products has been accused and that no other named 
respondent has an interest in defending Benepuri's product. Benepuri 
also moved for termination of Rayenbarny as a respondent, stating that 
the accused product attributed to Rayenbarny, the AsaVea electric 
shaver, is actually Benepuri's product. Attached to Benepuri's motion 
is a declaration from the President of Rayenbarny, stating that 
``Rayenbarny Inc. has not imported into the United States, sold for 
importation into the United States, or sold in the United States after 
importation an electric shaver'' and that ``[t]o the best of my 
knowledge, the AsaVea electric shaver that is identified in the 
Complaint in the above referenced Investigation is a product from 
Benepuri LLC.'' Benepuri Motion, Exhibit B. On November 23, 2020, Skull 
Shaver and OUII filed responses in support of Benepuri's intervention 
and Rayenbarny's termination.
    On November 30, 2020, the ALJ issued the subject ID granting the 
motion. Regarding Benepuri's intervention, the ID finds that the motion 
complies with the requirements of Commission Rule 210.19. 19 CFR 
210.19. Specifically, the ID finds that (1) ``Benepuri's motion to 
intervene was timely filed because it was made on the same day as the 
November 18, 2020 institution of this Investigation''; (2) ``Benepuri 
has demonstrated a substantial interest in the Investigation,'' 
particularly in connection with the accused AsaVea electric shaver; and 
(3) ``Benepuri's interests are not represented by existing parties.'' 
ID at 5. Thus, the ID finds that ``Benepuri's intervention in this 
Investigation is appropriate, and Benepuri should be accorded status as 
a respondent.'' Id. at 5-6 (citing Network Interface Cards, Inv. No. 
337-TA-455, Comm'n Op. at 10 (July 17, 2001) (a party seeking to 
intervene should be accorded respondent status when it could itself be 
a respondent in the investigation, but has been omitted by the 
complainant for some reason)).
    The ID also finds that good cause exists to terminate the 
investigation as to Rayenbarny under Commission Rule 210.21(a), which 
provides that ``[a]ny party may move at any time prior to the issuance 
of an initial determination on violation of section 337 of the Tariff 
Act of 1930 to terminate an investigation in whole or in part as to any 
or all respondents, on the basis of . . . good cause . . . .'' 19 CFR 
210.21(a). The ID notes that Rayenbarny's declaration states that it 
``has not imported into the United States, sold for importation into 
the United States, or sold in the United States after importation an 
electric shaver.'' In addition, consistent with Commission Rule 
210.21(a)(1), Rayenbarny states that ``there are no agreements, written 
or oral, express or implied, between any party or Benepuri concerning 
the subject matter of the Investigation.'' The ID further notes that 
``Rayenbarny's termination from this Investigation is in the public 
interest and will conserve public and private resources.'' ID at 6.
    No one petitioned for review of the subject ID. The Commission has 
determined not to review the subject ID. Benepuri is hereby named a 
respondent in this investigation and Rayenbarny is hereby terminated 
from this investigation.
    The Commission vote for this determination took place on December 
15, 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: December 15, 2020.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2020-28038 Filed 12-17-20; 8:45 am]
BILLING CODE 7020-02-P