[Federal Register Volume 89, Number 136 (Tuesday, July 16, 2024)]
[Notices]
[Pages 57942-57943]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-15630]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1407]


Certain Eye Cosmetics and Packaging Therefor; 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 May 20, 2024, under section 337 
of the Tariff Act of 1930, as amended, on behalf of Amarte USA 
Holdings, Inc. of Redding, California. An amended complaint was filed 
on May 31, 2024, a second amended complaint was filed on June 7, 2024, 
and a supplement was filed on June 28, 2024. The second amended 
complaint, as supplemented, alleges violations of section 337 based 
upon the importation into the United States, the sale for importation, 
and the sale within

[[Page 57943]]

the United States after importation of certain eye cosmetics and 
packaging therefor by reason of the infringement of U.S. Trademark 
Registration No. 4,328,655 (``the '655 mark''). The second amended 
complaint also alleges that an industry in the United States exists as 
required by the applicable Federal Statute. The second amended 
complaint further alleges violations of section 337 based upon the 
importation into the United States, or in the sale of certain eye 
cosmetics and packaging therefor by reason of unfair competition and 
false advertising, the threat or effect of which is to destroy or 
substantially injure an industry in the United States. The complainant 
requests that the Commission institute an investigation and, after the 
investigation, issue a general exclusion order, or in the alternative a 
limited exclusion order, and cease and desist orders.

ADDRESSES: The 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 (2024).
    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on July 10, 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:
    (a) whether there is a violation of subsection (a)(1)(C) 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 the '655 mark, and whether an industry in the United States exists 
as required by subsection (a)(2) of section 337; and
    (b) 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 unfair 
competition or false advertising, the threat or effect of which is to 
destroy or substantially injure an 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 ``eye cosmetics, i.e., 
eye creams, eye palettes, eye kits, eye patches, eye serums and eye 
lashes'';
    (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: Amarte USA Holdings, Inc., 1731 California 
St., Redding, California 96001.
    (b) The respondents are the following entities alleged to be in 
violation of section 337, and are the parties upon which the complaint 
is to be served:

Unilever PLC, Port Sunlight, Wirral, Merseyside CH62 4ZD, United 
Kingdom
Unilever United States, Inc., 800 Sylvan Avenue, Englewood Cliffs, New 
Jersey 07632
Carver Korea Co., Ltd., 81 Tojeong-ro 31-gil, Mapo-gu, Seoul (Daeheung-
dong), South Korea
Bourne & Morgan Ltd., 71-75 Shelton Street, Covent Garden, London, 
United Kingdom, WC2H 9JQ
MZ Skin Ltd., 5 Elstree Gate, Elstree Way, Borehamwood, Hertfordshire, 
United Kingdom, WD61JD
Kaibeauty, 104 Nanjing W Rd., Zhongshan District, Taipei City, Taiwan 
10491
I'll Global Co., Ltd., 3F, Samdeok Bldg., 315, Sinbanporro, Seocho-gu, 
Seoul, South Korea 06546
Hikari Laboratories Ltd., 207 Rishonim Street, Bnei Atarot 60991, 
Israel
Iman Cosmetics, P.O. Box 6867, London, Greater London, E14 5AN, United 
Kingdom; and, 363 7th Ave Suite 8, New York, NY 10001
Strip Lashed, 38 Main Street, Rawmarsh, Rotherham, South Yorkshire, S62 
50W, United Kingdom
    Kelz Beauty, Almassy Ter 11, 1077, Budapest, Hungary

    (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 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: July 11, 2024.
Sharon Bellamy,
Supervisory Hearings and Information Officer.
[FR Doc. 2024-15630 Filed 7-15-24; 8:45 am]
BILLING CODE 7020-02-P