[Federal Register Volume 88, Number 138 (Thursday, July 20, 2023)]
[Notices]
[Pages 46811-46812]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-15361]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1328]


Certain Pillows and Seat Cushions, Components Thereof, and 
Packaging Thereof; Notice of Request for Submissions on the Public 
Interest

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that on July 13, 2023, the presiding 
administrative law judge (``ALJ'') issued an Initial Determination 
granting Complainant Purple Innovation, LLC's motion for summary 
determination on violation and a Recommended Determination on remedy 
and bonding (``ID/RD''). The Commission is soliciting submissions on 
public interest issues raised by the recommended relief should the 
Commission find a violation. This notice is soliciting comments from 
the public only.

FOR FURTHER INFORMATION CONTACT: Edward S. Jou, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone (202) 205-3316. 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: Section 337 of the Tariff Act of 1930 
provides that, if the Commission finds a violation, it shall exclude 
the articles concerned from the United States unless, after considering 
the effect of such exclusion upon the public health and welfare, 
competitive conditions in the United States economy, the production of 
like or directly competitive articles in the United States, and United 
States consumers, it finds that such articles should not be excluded 
from entry. (19 U.S.C. 1337(d)(1)). A similar provision applies to 
cease and desist orders. (19 U.S.C. 1337(f)(1)).
    The Commission is soliciting submissions on public interest issues 
raised by the recommended relief should the Commission find a 
violation. The ALJ recommended the issuance of a limited exclusion 
order (``LEO'') directed to certain pillows and seat cushions, 
components thereof, and packaging thereof that infringe certain claims 
of U.S. Patent No. 10,863,837 imported, sold for importation, and/or 
sold after importation by respondent Foshan Dirani Design Furniture 
Co., Ltd. In addition, the ALJ recommended the issuance of a general 
exclusion order (``GEO'') directed to certain pillows and seat 
cushions, components thereof, and packaging thereof that infringe 
certain claims of U.S. Patent No. 10,772,445 (the ``445 patent''). In 
the alternative, the ALJ recommended the issuance of a LEO as to 
subject products that infringe the '445 patent imported, sold for 
importation, and/or sold after importation by respondents Dongguan 
Jingrui Silicone Technology Co., Ltd., Hangzhou Lydia Sports Goods Co., 
Ltd., or Shenzhen Leadfar Industry Co. Ltd. Regardless of whether a GEO 
or LEO issues, the ALJ also recommended the issuance of cease and 
desist orders as to each of the respondents.\1\ The ALJ further 
recommended that bond during the Presidential review period be set at 
one hundred percent (100%) of the entered value of subject products. 
Parties are to file public interest submissions pursuant to 19 CFR 
210.50(a)(4).
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    \1\ The respondents addressed in the ID/RD are Foshan Dirani 
Design Furniture Co., Ltd., Dongguan Jingrui Silicone Technology 
Co., Ltd., Hangzhou Lydia Sports Goods Co., Ltd., and Shenzhen 
Leadfar Industry Co. Ltd., who were each found in default pursuant 
to Order No. 16 (Jan. 11, 2023), unreviewed by Comm'n Notice (Feb. 
8, 2023), and Order No. 21 (Mar. 8, 2023), unreviewed by Comm'n 
Notice (Mar. 30, 2023).
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    The Commission is interested in further development of the record 
on the public interest in this investigation. Accordingly, members of 
the public are invited to file submissions of no more than five (5) 
pages, inclusive of attachments, concerning the public interest in 
light of the ALJ's ID/RD. Comments should address whether issuance of 
the recommended remedial orders in this investigation, should the 
Commission find a violation, would affect the public health and welfare 
in the United States, competitive conditions in the United States 
economy, the production of like or directly competitive articles in the 
United States, or United States consumers.
    In particular, the Commission is interested in comments that:
    (i) explain how the articles potentially subject to the recommended 
remedial orders are used in the United States;
    (ii) identify any public health, safety, or welfare concerns in the 
United States relating to the recommended orders;
    (iii) identify like or directly competitive articles that 
complainant, its licensees, or third parties make in the United States 
which could replace the subject articles if they were to be excluded;
    (iv) indicate whether complainant, complainant's licensees, and/or 
third-party suppliers have the capacity to replace the volume of 
articles potentially subject to the recommended orders within a 
commercially reasonable time; and
    (v) explain how the recommended orders would impact consumers in 
the United States.
    Written submissions must be filed no later than by close of 
business on August 14, 2023.
    Persons filing written submissions must file the original document 
electronically on or before the deadlines stated above. The 
Commission's paper filing requirements in 19 CFR 210.4(f) are currently 
waived. 85 FR 15798 (Mar. 19, 2020). Submissions should refer to the 
investigation number (``Inv. No. 337-TA-1328'') in a prominent place on 
the cover page and/or the first page. (See Handbook for Electronic 
Filing Procedures, https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf). Persons with questions regarding 
filing should contact the Secretary (202-205-2000).
    Any person desiring to submit a document to the Commission in 
confidence must request confidential treatment by marking each document

[[Page 46812]]

with a header indicating that the document contains confidential 
information. This marking will be deemed to satisfy the request 
procedure set forth in Rules 201.6(b) and 210.5(e)(2) (19 CFR 201.6(b) 
& 210.5(e)(2)). Documents for which confidential treatment by the 
Commission is properly sought will be treated accordingly. Any non-
party wishing to submit comments containing confidential information 
must serve those comments on the parties to the investigation pursuant 
to the applicable Administrative Protective Order. A redacted non-
confidential version of the document must also be filed simultaneously 
with any confidential filing and must be served in accordance with 
Commission Rule 210.4(f)(7)(ii)(A) (19 CFR 210.4(f)(7)(ii)(A)). All 
information, including confidential business information and documents 
for which confidential treatment is properly sought, submitted to the 
Commission for purposes of this investigation may be disclosed to and 
used: (i) by the Commission, its employees and Offices, and contract 
personnel (a) for developing or maintaining the records of this or a 
related proceeding, or (b) in internal investigations, audits, reviews, 
and evaluations relating to the programs, personnel, and operations of 
the Commission including under 5 U.S.C. Appendix 3; or (ii) by U.S. 
government employees and contract personnel, solely for cybersecurity 
purposes. All contract personnel will sign appropriate nondisclosure 
agreements. All nonconfidential written submissions will be available 
for public inspection on EDIS.
    This action is taken under the authority of 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: July 14, 2023.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2023-15361 Filed 7-19-23; 8:45 am]
BILLING CODE 7020-02-P