[Federal Register Volume 89, Number 123 (Wednesday, June 26, 2024)]
[Notices]
[Pages 53443-53444]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-13971]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1334 (Enforcement)]


Certain Raised Garden Beds and Components Thereof; Notice of 
Institution of Formal Enforcement Proceeding

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 institute a formal 
enforcement proceeding relating to the limited exclusion order 
(``LEO'') and cease and desist order (``CDO'') issued on March 21, 
2024, in the above-referenced investigation.

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 the underlying 
investigation on October 19, 2022, based on an amended complaint filed 
by Vego Garden, Inc. of Houston, Texas (``Vego Garden''). 87 FR 63527-
28 (Oct. 19, 2022). The Commission determined to investigate alleged 
violations of section 337 of the Tariff Act of 1930, as amended, 19 
U.S.C. 1337, 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. Id. at 63527.
    The Commission's notice of investigation named five respondents, 
and the name of one of the respondents was corrected by amendment. See 
88 FR 2637-38 (Jan. 17, 2023). The five named respondents, as amended, 
were: Huizhou Green Giant Technology Co., Ltd. (``Green Giant'') of 
Guangdong,

[[Page 53444]]

China; Utopban International Trading Co., Ltd. d/b/a Vegega (``Utopban 
International'') of Rosemead, California; Utopban Limited (``Utopban'') 
of Hong Kong; Forever Garden of El Monte, California; and VegHerb, LLC 
d/b/a Frame It All (``VegHerb'') of Cary, North Carolina. See id. at 
2638. The Office of Unfair Import Investigations (``OUII'') was also 
named as a party. Id.
    The investigation was terminated as to Utopban International based 
on withdrawal of the complaint's allegations. Order No. 9 (Jan. 30, 
2023), unreviewed by Comm'n Notice (Feb. 27, 2023). The investigation 
was terminated as to Forever Garden and VegHerb based on settlement 
agreements. Order No. 11 (Feb. 23, 2023) (VegHerb) and Order No. 12 
(Feb. 23, 2023) (Forever Garden), both unreviewed by Comm'n Notice 
(Mar. 23, 2023).
    The presiding Administrative Law Judge issued a final initial 
determination (the ``Final ID'') on September 8, 2023, finding a 
violation of section 337 based on trade secret misappropriation and 
false advertising.
    On January 9, 2024, the Commission determined to review the Final 
ID's findings in part. 89 FR 2645-47 (Jan. 16, 2024). On March 21, 
2024, the Commission affirmed-in-part and reversed-in-part the Final 
ID, finding a violation of section 337 based on trade secret 
misappropriation and false advertising. 89 FR 21270-71 (Mar. 27, 2024). 
On the same day, the Commission issued an opinion explaining the basis 
for its final determination and issued a LEO for Green Giant and 
Utopban and a CDO for Utopban. Id.
    On May 21, 2024, complainant Vego Innovations, Inc. f/k/a Vego 
Garden (``Vego'') filed a complaint (the ``Enforcement Complaint'') 
requesting that the Commission institute an enforcement proceeding to 
investigate alleged violations of the LEO and CDO by Green Giant and 
Utopban d/b/a Vegega. In the Enforcement Complaint, Vego alleges that 
Green Giant and Utopban have continued to import, sell, offer for sale, 
market, advertise, distribute, transfer, and/or solicit agents or 
distributors for products that are manufactured using a misappropriated 
trade secret.
    Having examined the Enforcement Complaint and the supporting 
documents, the Commission has determined to institute a formal 
enforcement proceeding, pursuant to Commission Rule 210.75(a) (19 CFR 
210.75(a)), to determine whether a violation of the LEO and CDO, issued 
on March 21, 2024, in this investigation has occurred and to determine 
what, if any, enforcement measures are appropriate. The named 
respondents are Huizhou Green Giant Technology Co., Ltd. of Guangdong, 
China and Utopban Limited d/b/a Vegega of Hong Kong.
    The Commission vote for this determination took place on June 20, 
2024.
    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: June 20, 2024.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2024-13971 Filed 6-25-24; 8:45 am]
BILLING CODE 7020-02-P