[Federal Register Volume 87, Number 201 (Wednesday, October 19, 2022)]
[Notices]
[Pages 63527-63528]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-22667]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-1334]


Certain Raised Garden Beds 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 13, 2022, under 
section 337 of the Tariff Act of 1930, as amended, on behalf of Vego 
Garden, Inc. of Houston, Texas. On September 21, 2022, the complainant 
filed a letter supplementing the complaint. On September 22, 2022, the 
complainant filed an amended complaint. The amended complaint alleges 
violations of section 337 based upon the importation into the United 
States, and in the sale of, certain raised garden beds and components 
thereof by reason of misappropriation of trade secrets and unfair 
competition, the threat or effect of which is to destroy or 
substantially injure a domestic industry. The complainant requests that 
the Commission institute an investigation and, after the investigation, 
issue a limited exclusion order and cease and desist orders.

ADDRESSES: The amended 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 (2021).
    Scope of Investigation: Having considered the amended complaint, 
the U.S. International Trade Commission, on October 13, 2022, 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)(A) of section 337 in the 
importation into the United States, or in the sale of, certain products 
identified in paragraph (2) by reason of misappropriation of trade 
secrets and unfair competition, the threat or effect of which is to 
destroy or substantially injure a domestic industry in the United 
States;
    (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 ``raised metal garden 
beds'';
    (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: Vego Garden, Inc., 1521 Greens Road, Suite 
# 100, Houston, TX 77032.
    (b) The respondents are the following entities alleged to be in 
violation of section 337, and are the parties upon which the amended 
complaint is to be served:

Huizhou Green Giant Technology Co., Ltd., Xiao Ao Tou, Hong Tian 
Management Area, Xin Yu Zhen, Hui Yang District, Hui Zhou, Guangdong, 
China 516223.
Utopban International Trading Co., Ltd., d/b/a Vegega, 2646 River 
Avenue, Suite #A, Rosemead, CA 91770.
Utopban Limited, UNIT 2 22/F Richmond Comm. Bldg, 109 Argyle Street, 
Mongkok KL, Hong Kong 999077.
The Hydro Source Inc., d/b/a Forever Garden Beds, 4411 Rowland Avenue, 
El Monte, CA 91731.
VegHerb, LLC, d/b/a Frame It All, 102 Lake Hickory Court, Cary, NC 
27519.

    (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 amended 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 amended complaint and the notice of 
investigation. Extensions of time for submitting responses to the 
amended 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 amended complaint and in this notice may be deemed to 
constitute a waiver of the right to appear and contest the allegations 
of the amended 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 amended 
complaint and this notice and to enter an initial determination and a 
final determination containing such findings, and may

[[Page 63528]]

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 13, 2022.
Katherine Hiner,
Acting Secretary to the Commission.
[FR Doc. 2022-22667 Filed 10-18-22; 8:45 am]
BILLING CODE 7020-02-P