[Federal Register Volume 86, Number 29 (Tuesday, February 16, 2021)]
[Notices]
[Page 9535]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-03059]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1226]


Certain Artificial Eyelash Extension Systems, Products, and 
Components Thereof; Commission Determination Not To Review an Initial 
Determination Granting Complainant's Motion for Leave To Amend the 
Complaint and 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. 10) of the presiding administrative law judge 
(``ALJ'') granting the complainant's motion for leave to amend the 
complaint and notice of investigation.

FOR FURTHER INFORMATION CONTACT: Lynde Herzbach, Office of the General 
Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone (202) 205-3228. 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 October 28, 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 Lashify, Inc. of Glendale, California 
(``Complainant''). See 85 FR 68366-67. The complaint, as supplemented, 
alleges a violation of section 337 based upon the importation into the 
United States, sale for importation, or sale after importation into the 
United States of certain artificial eyelash extension systems, 
products, and components thereof by reason of infringement of certain 
claims of U.S. Patent Nos. 10,660,388 and 10,721,984 and U.S. Design 
Patent Nos. D877,416 and D867,664. The complaint also alleges the 
existence of a domestic industry. The notice of investigation names 
nine respondents, including CVS Health Corporation of Woonsocket, Rhode 
Island and Ulta Beauty, Inc. of Bolingbrook, Illinois. See id. The 
Office of Unfair Import Investigations is also a party to the 
investigation. See id.
    On January 8, 2021, Complainant filed a motion seeking leave to 
amend the complaint and notice of investigation to substitute: (1) CVS 
Pharmacy, Inc. in place of CVS Health Corporation and (2) Ulta Salon, 
Cosmetics & Fragrance, Inc. in place of Ulta Beauty, Inc. No responses 
to the motion were filed.
    On January 22, 2021, the ALJ issued the subject ID (Order No. 10) 
granting Complainant's motion for leave to amend the complaint and 
notice of investigation to reflect the substitutions. Order No. 10 
(Jan. 22, 2021). The subject ID finds that Complainant's motion is 
supported by good cause pursuant to Commission Rule 210.14(b) (19 CFR 
210.14(b)) and that there is no prejudice if the motion is granted. No 
party petitioned for review of the subject ID.
    The Commission has determined not to review the subject ID. CVS 
Pharmacy, Inc. and Ulta Salon, Cosmetics & Fragrance, Inc. are named as 
respondents in this investigation; and CVS Health Corporation and Ulta 
Beauty, Inc. are terminated from the investigation.
    The Commission vote for this determination took place on February 
10, 2021.
    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: February 10, 2021.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2021-03059 Filed 2-12-21; 8:45 am]
BILLING CODE 7020-02-P