[Federal Register Volume 89, Number 235 (Friday, December 6, 2024)]
[Notices]
[Pages 97068-97069]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-28527]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1415]
Certain Pre-Stretched Synthetic Braiding Hair and Packaging
Therefor; Notice of a Commission Determination Not To Review Initial
Determination Granting Complainant's Motion To Amend the Complaint and
Notice 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 has determined not to review an initial determination
(``ID'') (Order No. 15) issued by the presiding chief administrative
law judge (``CALJ'') granting complainant JBS Hair, Inc.'s (``JBS
Hair'') motion for leave to amend the complaint and notice of
investigation to add JMS Trading Corp. (``JMS Trading'') of Buena Park,
CA as a respondent to this investigation and to make several
ministerial updates to the complaint.
FOR FURTHER INFORMATION CONTACT: Paul Lall, Office of the General
Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202) 205-2043. 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, telephone (202) 205-1810.
SUPPLEMENTARY INFORMATION: On September 4, 2024, the Commission
instituted this investigation based on a complaint filed by JBS Hair of
Atlanta, GA. 89 FR 73123-24 (Sept. 9, 2024). The complaint alleges
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, the
sale for importation, and the sale within the United States after
importation of certain pre-stretched synthetic braiding hair and
packaging therefor by reason of the infringement of certain claims of
U.S. Patent Nos. 10,786,026 (``the '026 patent''); 10,945,478 (``the
'478 patent''); and 10,980,301 (``the '301 patent''). The Commission's
notice of investigation (``NOI'') named the following respondents: (1)
Sun Taiyang Co., Ltd. d/b/a Outre[supreg] of Moonachie, NJ; (2) Beauty
Elements Corporation d/b/a Bijouz[supreg] of Miami Gardens, FL; (3)
Hair Zone, Inc. d/b/a Sensationnel[supreg] of Moonachie, NJ; (4) Beauty
Essence, Inc. d/b/a SupremeTM Hair US of Moonachie, NJ; (5)
SLI Production Corp. d/b/a It's a Wig! of Moonachie, NJ; (6) Royal
Imex, Inc. d/b/a Zury[supreg] Hollywood of Santa Fe Springs, CA; (7) GS
Imports, Inc. d/b/a Golden State Imports, Inc.' of Paramount, CA; (8)
Eve Hair, Inc. of Lakewood, CA; (9) Kum Kang Trading USA, Inc. d/b/a
BNGHAIR of Paramount, CA (``Kum Kang''); (10) Midway International,
Inc. d/b/a BOBBI BOSS of Cerritos, CA; (11) Mayde Beauty Inc. of Port
Washington, NY; (12) Hair Plus Trading Co., Inc. d/b/a Femi Collection
of Suwanee, GA; (13) Optimum Solution Group LLC d/b/a Oh Yes Hair of
Duluth, GA; (14) Chois International, Inc. of Norcross, GA; (15) Twin
Peak International, Inc. d/b/a Dejavu Hair of Atlanta, GA; (16) Loc N
[[Page 97069]]
Products, LLC of Atlanta, Georgia; (17) Crown Pacific Group Inc. of
Doraville, GA; (18) Vivace, Inc. d/b/a Dae Do Inc. of Levittown, NY;
(19) A-Hair Import Inc. of Norcross, GA ; (20) Chade Fashions, Inc. of
Niles, IL; (21) Mink Hair, Ltd. d/b/a Sensual[supreg] Collection of
Wayne, NJ (``Mink Hair''); (22) Mane Concept Inc. of Moonachie, NJ;
(23) Oradell International Corp. d/b/a MOTOWN TRESS of Manalapan, NJ
(``Oradell''); (24) Beauty Plus Trading Co., Inc. d/b/a Janet
CollectionTM of Moonachie, NJ; (25) Model Model Hair
Fashion, Inc. of Port Washington, NY; (26) New Jigu Trading Corp. d/b/a
Harlem 125[supreg] of Port Washington, NY; (27) Shake N Go Fashion,
Inc. of Port Washington, NY; (28) Amekor Industries, Inc. d/b/a Vivica
A. Fox[supreg] Hair Collection of Conshohocken, PA; (29) I & I Hair
Corp. of Dallas, TX (``I & I Hair''); (30) Zugoo Import Inc. of
Norcross, GA. Id. The Office of Unfair Import Investigations (``OUII'')
was also named as a party in this investigation. Id. at 73124.
On October 8, 2024, JBS Hair moved for leave to amend the complaint
and notice of investigation to add JMS Trading as a respondent to this
investigation and to make several ministerial updates to the complaint.
ID at 1. JBS Hair's motion attached a ``proposed amendment adding
Respondent JMS Trading'' and a redline showing the changes to the
current complaint. On October 18, 2024, OUII filed a response in
support of the motion. Id. On the same day, a number of respondents
filed a response stating that they ``do not oppose the addition of JMS
Trading provided that . . . the target date and procedural schedule are
extended by an amount of time equal to the time that elapses between
the institution of this Investigation and the ultimate addition of JMS
Trading.'' Id. at 2.
On November 4, 2024, the presiding CALJ issued the subject ID
(Order No. 15), pursuant to Commission Rule 210.14(b) (19 CFR
210.14(b)), granting Complainants' motion to amend the complaint and
NOI as requested. The ID finds that that the amendments ``will not
prejudice respondents, the proposed respondent, Staff, or the public
interest,'' and that ``JBS Hair has shown good cause to amend the
complaint and notice of investigation to add allegations that JMS
Trading has violated section 337.'' Id. at 4. The ID also finds that
``there is good cause to make the ministerial updates to the complaint
that JBS Hair proposes.'' Id. The CALJ denied the respondents' request
to extend the target date and procedural schedule.
No party filed a petition for review of the subject ID.
The Commission has determined not to review the subject ID
(Order No. 15).
The Commission vote for this determination took place on
December 2, 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: December 2, 2024.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2024-28527 Filed 12-5-24; 8:45 am]
BILLING CODE 7020-02-P