[Federal Register Volume 89, Number 9 (Friday, January 12, 2024)]
[Notices]
[Pages 2252-2253]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-00532]
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INTERNATIONAL TRADE COMMISSION
[Investigation. No. 337-TA-1385]
Certain Furniture Products Finished With Decorative Wood Grain
Paper and Components Thereof; Notice of Institution of Investigation
AGENCY: 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 December 7, 2023 under section
337 of the Tariff Act of 1930, as amended, on behalf of Toppan
Interamerica, Inc. of McDonough, Georgia. A supplement was filed on
January 3, 2024. The complaint alleges violations of section 337 based
upon the importation into the United States, the sale for importation,
and the sale within the United States after importation of certain
furniture products finished with decorative wood grain paper and
components thereof by reason of infringement of one of U.S. Copyright
Registration No. VA 2-142-287 (``the `287 copyright''), U.S. Copyright
Registration No. VA 2-176-002 (``the `002 copyright''), U.S. Copyright
Registration No. VA 2-142-295 (``the `295 copyright''), or U.S.
Copyright Registration No. VA 2-142-292 (``the 292 copyright''). The
complaint further alleges that an industry in the United States exists
as required by the applicable Federal Statute. The complainant requests
that the Commission institute an investigation and, after the
investigation, issue a limited exclusion order and a cease and desist
order.
ADDRESSES: The complaint, except for any confidential information
contained
[[Page 2253]]
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: Katherine Hiner, Office of Docket
Services, U.S. International Trade Commission, telephone (202) 205-
1802.
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 (2023).
Scope of Investigation: Having considered the complaint, the U.S.
International Trade Commission, on January 8, 2024, 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)(B) of section 337 in the
importation into the United States, the sale for importation, or the
sale within the United States after importation of certain products
identified in paragraph (2) by reason of infringement of one of the
`287 copyright, the `002 copyright, the `295 copyright, or the `292
copyright; and whether an industry in the United States exists as
required by subsection (a)(2) of section 337;
(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 ``furniture products
and components thereof, constructed from engineered wood products and
finished with a decorative wood grain paper'';
(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: Toppan Interamerica, Inc., 1131 Highway 155
South, McDonough, GA 30253.
(b) The respondent is the following entity alleged to be in
violation of section 337, and is the party upon which the complaint is
to be served: Whalen LLC d/b/a Whalen Furniture, 1578 Air Wing Road,
San Diego, CA 92154-7706.
(4) For the investigation so instituted, the Chief Administrative
Law Judge, U.S. International Trade Commission, shall designate the
presiding Administrative Law Judge.
The Office of Unfair Import Investigations will not be named as a
party to this investigation.
Responses to the 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 complaint and the notice of investigation.
Extensions of time for submitting responses to the 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 complaint and in this notice may be deemed to
constitute a waiver of the right to appear and contest the allegations
of the 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 complaint and this notice and
to enter an initial determination and a final determination containing
such findings, and may 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: January 9, 2024.
Katherine Hiner,
Supervisory Attorney.
[FR Doc. 2024-00532 Filed 1-11-24; 8:45 am]
BILLING CODE 7020-02-P