[Federal Register Volume 88, Number 221 (Friday, November 17, 2023)]
[Notices]
[Pages 80334-80335]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-25412]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1328]
Certain Pillows and Seat Cushions, Components Thereof, and
Packaging Thereof; Notice of a Commission Determination To Issue a
General Exclusion Order, a Limited Exclusion Order, and Cease and
Desist Orders; Termination 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 (``Commission'') has determined to issue a limited exclusion
order (``LEO'') directed to Foshan Dirani Design Furniture Co., Ltd.
(``Dirani Design'') barring entry of certain pillows and seat cushions,
components thereof, and packaging thereof that infringe certain claims
of U.S. Patent No. 10,863,837 (``the '837 patent''); a general
exclusion order (``GEO'') barring entry of 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''); and
cease and desist orders (``CDOs'') directed to respondents Dirani
Design, Dongguan Jingrui Silicone Technology Co., Ltd., Hangzhou Lydia
Sports Goods Co., Ltd., and Shenzhen Leadfar Industry Co., Ltd.
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: The Commission instituted this investigation
on September 13, 2022, based on a complaint (the ``Complaint'') filed
by Purple Innovation, LLC of Lehi, Utah (the ``Complainant''). 87 FR
56086-88 (Sept. 13, 2022). The Complaint alleged violations of section
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, based upon
the importation, the sale for importation, or sale within the United
States after importation of certain pillows and seat cushions,
components thereof, and packaging thereof by reason of infringement of
the sole claim of U.S. Design Patent No. D909,092 (``the D'092
patent''); claims 1-16, 18, 19, 21-33, and 35 of U.S. Patent No.
10,772,445 (``the '445 patent''); claims 1-4, 6, 10-12, 19, and 20 of
U.S. Patent No. 10,863,837 (``the '837 patent''); U.S. Trademark
Registration No. 5,661,556 (``the '556 mark''); and U.S. Trademark
Registration No. 6,551,053 (``the '053 mark''). Id. at 56086-87. The
Complaint further alleged the existence of a domestic industry. Id. The
Complaint also alleged violations of section 337 in the importation
into the United States, or sale of certain products identified above by
reason of trade dress infringement, the threat or effect of which is to
destroy or substantially injure an industry in the United States. Id.
The Commission's notice of investigation named forty-one (41)
respondents: Bedmate-U Co., Ltd. (``Bedmate-U'') of Gyeonggi-do, Korea;
Chuang Fan Handicraft Co., Ltd. of Zhejiang, China; Dongguan Bounce
Technology Co., Ltd. of Guangdong, China; Dongguan Jingrui Silicone
Technology Co., Ltd. (``Dongguan Jingrui'') of Guangdong, China; Dirani
Design of Guangdong, China; Global Ocean Trading Co., Ltd. of
Guangdong, China; Guang An Shi Lin Chen Zai Sheng Wuzi Co., Ltd. of
Zhejiang, China; Guang Zhou Wen Jie Shang Mao Youxian Gongsi Co., Ltd.
of Shanghai, China; Guangzhou Epsilon Import and Export Co., Ltd. of
Guangdong, China; Guangzhoushi Baixiangguo Keji Youxian Gongsi Co.,
Ltd. of Guangdong, China; Haircrafters LLC of Chattanooga, TN; Hangzhou
Lishang Import & Export Co., Ltd. of Zhejiang, China; Hangzhou Lydia
Sports Goods Co., Ltd. (``Hangzhou Lydia'') of Zhejiang, China; Hebei
Zeyong Technology Co., Ltd. of Hebei, China; Henson Holdings, LLC
(``Henson Holdings'') of Lafayette, Louisiana; Hetaibao of Anhui,
China; Hubei Sheng Bingyi Dianzi Keji Youxian Gongsi Co., Ltd. of
Hubei, China; Kaifeng Shi Long Ting Qu Chen Yi Shangmao Youxian Gongsi
Co. Ltd. of Henan, China; Lankao Junchang Electronic Commerce Co., Ltd.
of Henan, China; Lei Lei Wang of Anhui, China; Liu Lin Xian Xu Bin Dian
Zi Chan Pin Dian of Shanxi, China; Nanchang Shirong Bao Er Guanggao
Youxian Gongsi Co., Ltd. of Jiangxi, China; Ningbo Bolian Import &
Export Co., Ltd. (``Ningbo Bolian'') of Beijing
[[Page 80335]]
China; Ningbo Minzhou Import & Export Co., Ltd. (``Ningbo Minzhou'') of
Beijing, China; Ruian Xiu Yuan Guoji MaoYi Youxian Gongsi Co., Ltd. of
Zhejiang, China; Shandong Jiu Hui Xinxi Keji Youxian Gongsi Co., Ltd.
(``Shangdong Jiu Hui'') of Shandong, China; Shanxi Chao Ma Xun Keji
Youxian Gongsi Co., Ltd. of Shanxi, China; Shenzhen Baibaikang
Technology Co., Ltd. of Guangdong, China; Shenzhen Leadfar Industry
Co., Ltd. (``Shenzhen Leadfar'') of Guangdong, China; Shenzhen Shi Mai
Rui Ke Dianzi Shangwu Co., Ltd. of Guangdong, China; Shenzhen Shi Xin
Shangpin Dianzi Shangwu Youxian Gongsi Co., Ltd. (``Shenzhen Shi Xin'')
of Guangdong, China; Shenzhen Shi Yan Huang Chu Hai Keji Youxian Gongsi
Co., Ltd. of Guangdong, China; Shenzhen Shi Yuxiang Meirong Yongju
Youxian Gongsi Co., Ltd. of Guangdong, China; Shenzhen Tianrun Material
Co., Ltd. of Guangdong, China; Wuhan Chenkuxuan Technology Co., Ltd. of
Hubei, China; Xiao Dawei of Fujian, China; Xiao Xiao Pi Fa Shang Mao
You Xian Ze Ren Gongsi Co. of Shanxi, China; YaRu Wang of Shanxi,
China; Yiwu Youru E-commerce Co., Ltd. of Zhejiang, China; Zhejiang
Xinhui Import & Export Co., Ltd. of Zhejiang, China; and Zhou Meng Bo
of Guangdong, China. Id. at 56087-88. The Office of Unfair Import
Investigations (``OUII'') was also a party to this investigation. Id.
at 56088.
Five (5) respondents were terminated by withdrawal of allegations
in the Complaint pursuant to Order No. 15 (Jan. 10, 2023), unreviewed
by Comm'n Notice (Feb. 8, 2023). Twenty-five (25) additional
respondents were terminated by withdrawal of allegations in the
Complaint pursuant to Order No. 19 (Feb. 16, 2023), unreviewed by
Comm'n Notice (Mar. 20, 2023), reconsidered in part by Comm'n Notice
(May 19, 2023). Complainant also withdrew its allegations with respect
to trade dress infringement, the '556 mark, the '053 mark, and the
D'092 patent pursuant to Order No. 19. Id. Seven additional respondents
were terminated by consent order pursuant to Order No. 23 (Mar. 30,
2023) (Shenzhen Shi Xin), Order No. 24 (Apr. 3, 2023) (Bedmate-U),
Order No. 25 (Apr. 7, 2023) (Henson Holdings), Order No. 26 (Apr. 10,
2023) (Ningbo Minzhou), Order No. 27 (Apr. 12, 2023) (Lei Lei Wang),
Order No. 28 (Apr. 13, 2023) (Hetaibao), and Order No. 29 (May 10,
2023) (Ningbo Bolian), unreviewed by Comm'n Notice (May 19, 2023).
Dirani Design, Dongguan Jingrui, Hangzhou Lydia, and Shenzhen
Leadfar (collectively, the ``Defaulting Respondents'') were 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).
On March 15, 2023, Complainant filed a motion for summary
determination of violation with respect to infringement of certain
claims of the '837 patent and the '445 patent by the Defaulting
Respondents. On March 29, 2023, OUII filed a response in support of the
motion.
On July 13, 2023, the ALJ issued an Initial Determination granting
Complainant's motion with respect to the '445 patent, noted that a
finding of violation was unnecessary as to Dirani Design relating to
the '837 patent because Complainant sought only an LEO, and issued a
Recommended Determination on Remedy and Bond (Order No. 31, the ``ID''
and ``RD''). No petitions for review of the ID were filed.
On August 28, 2023, the Commission determined to review the ID in
part and to affirm, with modifications, the ALJ's grant of summary
determination of a violation of section 337 by reason of infringement
of certain claims of the '445 patent by Dongguan Jingrui, Hangzhou
Lydia, and Shenzhen Leadfar. 88 FR 60491-94. The Commission requested
submissions on remedy, the public interest, and bonding. Id.
Complainant filed a public interest statement on August 14, 2023,
and a written submission on remedy, the public interest, and bonding on
September 11, 2023. OUII filed a written submission on remedy, the
public interest, and bonding on September 11, 2023, and a reply
submission on remedy, the public interest, and bonding on September 18,
2023.
Having examined the record in this investigation, the Commission
has determined pursuant to section 337(g)(1) and Commission Rule
210.16(c) to issue an LEO prohibiting the unlicensed entry of certain
pillows and seat cushions, components thereof, and packaging thereof
that infringe one or more of claims 1, 3, 4, and 10 of the '837 patent
that are manufactured abroad by, or on behalf of, or imported by or on
behalf of Dirani Design. The Commission has also determined pursuant to
section 337(d) to issue a GEO prohibiting the unlicensed entry of
certain pillows and seat cushions, components thereof, and packaging
thereof that infringe one or more of claims 18, 19, 21-29, and 33 of
the '445 patent. The Commission has further determined to issue CDOs
against Dirani Design, Dongguan Jingrui, Hangzhou Lydia, and Shenzhen
Leadfar.
The Commission has determined that the public interest factors
enumerated in subsections (d)(1), (f), and (g)(1) of section 337 do not
preclude the issuance of the remedial orders. The Commission has
further determined that the bond during the period of Presidential
review pursuant to section 337(j) (19 U.S.C. 1337(j)) shall be set in
the amount of one hundred percent (100%) of the entered value of the
imported articles that are subject to the LEO and GEO. The Commission's
remedial orders were delivered to the President and to the United
States Trade Representative on the day of their issuance. The
investigation is hereby terminated.
While temporary remote operating procedures are in place in
response to COVID-19, the Office of the Secretary is not able to serve
parties that have not retained counsel or otherwise provided a point of
contact for electronic service. Accordingly, pursuant to Commission
Rules 201.16(a) and 210.7(a)(1) (19 CFR 201.16(a), 210.7(a)(1)), the
Commission orders that the Complainant(s) complete service for any
party/parties without a method of electronic service noted on the
attached Certificate of Service and shall file proof of service on the
Electronic Document Information System (EDIS).
The Commission vote for this determination took place on November
13, 2023.
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 13, 2023.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2023-25412 Filed 11-16-23; 8:45 am]
BILLING CODE 7020-02-P