[Federal Register Volume 90, Number 36 (Tuesday, February 25, 2025)]
[Notices]
[Pages 10640-10641]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-03059]
[[Page 10640]]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1407]
Certain Eye Cosmetics and Packaging Therefor; Notice of
Commission Request for Written Submissions on Remedy, the Public
Interest, and Bonding
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'') requests submissions from the parties,
interested government agencies, and other interested persons on the
issues of remedy, the public interest, and bonding, under the schedule
set forth below.
FOR FURTHER INFORMATION CONTACT: B. Rashmi Borah, Esq., Office of the
General Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202) 205-2518. Copies of non-
confidential documents filed in connection with the 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: On July 16, 2024, the Commission instituted
the present investigation based on a complaint, as supplemented, filed
by Amarte USA Holdings, Inc. of Redding, California (``Complainant''),
alleging violations of section 337 of the Tariff Act of 1930, as
amended, 19 U.S.C. 1337, due to the importation into the United States,
sale for importation, or sale in the United States after importation of
certain eye cosmetics and packaging thereof that allegedly infringe
U.S. Trademark Registration No. 4,328,655, as well as unfair
competition and false advertising, the threat or effect of which is to
destroy or substantially injure an industry in the United States. 89 FR
57942-43 (July 16, 2024). The complaint alleges that a domestic
industry exists. The notice of investigation names the following
respondents: Kaibeauty of Taipei City, Taiwan (``Kaibeauty''); I'll
Global Co., Ltd. of Seoul, South Korea (``I'll Global''); Hikari
Laboratories, Ltd. of Bnei Atarot, Israel (``Hikari''); Kelz Beauty of
Budapest, Hungary (``Kelz Beauty''); Bourne & Morgan Ltd. of London,
United Kingdom (``Bourne & Morgan''); Iman Cosmetics of London, United
Kingdom (``Iman Cosmetics''); MZ Skin Ltd. of Hertfordshire, United
Kingdom (``MZ Skin''); Strip Lashed of South Yorkshire, United Kingdom
(``Strip Lashed''); and Unilever PLC of Merseyside, United Kingdom,
Unilever United States, Inc. of Englewood Cliffs, New Jersey, and
Carver Korea Co., Ltd. of Seoul, South Korea (collectively,
``Unilever''). The Office of Unfair Import Investigations (``OUII'') is
also named as a party to the investigation.
On October 7, 2024, the Commission partially terminated the
investigation with respect to Unilever based on a settlement agreement.
Order No. 9 (Sept. 6, 2024), unreviewed by Comm'n Notice (Oct. 7,
2024). On October 8, 2024, the Commission partially terminated the
investigation with respect to Strip Lashed based on a consent order and
consent order stipulation. Order No. 10 (Sept. 10. 2024), unreviewed by
Comm'n Notice (Oct. 8, 2024). On November 1, 2024, the Commission
partially terminated the investigation with respect to MZ Skin based on
a settlement agreement. Order No. 14 (Oct. 15, 2024), unreviewed by
Comm'n Notice (Nov. 1, 2024). On November 22, 2024, the Commission
partially terminated the investigation with respect to Iman Cosmetics
based on withdrawal of the complaint. Order No. 15 (Nov. 1, 2024),
unreviewed by Comm'n Notice (Nov. 22, 2024). On January 14, 2025, the
Commission partially terminated the investigation with respect to
Bourne & Morgan based on a consent order and consent order stipulation,
as corrected. Order No. 17 (Dec. 23, 2024), unreviewed by Comm'n Notice
(Jan. 14, 2025).
On January 26, 2025, Complainant filed a declaration under
Commission Rule 210.16 (19 CFR 210.16) requesting the immediate entry
of limited exclusion orders against Kaibeauty, I'll Global, Hikari, and
Kelz Beauty (collectively, ``the Defaulting Respondents''). EDIS Doc.
ID. 841793 (Jan. 26, 2025). Complainant indicated pursuant to 19 CFR
210.17(c)(2) that it is not seeking a general exclusion order. Id. No
response to Complainant's declaration was received.
On January 31, 2025, the Commission found the Defaulting
Respondents in default pursuant to Commission Rule 210.16. Order No. 19
(Jan. 7, 2025), unreviewed by Comm'n Notice (Jan. 31, 2025).
In connection with the final disposition of the investigation, the
statute authorizes issuance of, inter alia, (1) an exclusion order that
could result in the exclusion of the subject articles from entry into
the United States; and/or (2) cease and desist orders that could result
in the respondents being required to cease and desist from engaging in
unfair acts in the importation and sale of such articles. Accordingly,
the Commission is interested in receiving written submissions that
address the form of remedy, if any, that should be ordered. If a party
seeks exclusion of an article from entry into the United States for
purposes other than entry for consumption, the party should so indicate
and provide information establishing that activities involving other
types of entry either are adversely affecting it or likely to do so.
For background, see Certain Devices for Connecting Computers via
Telephone Lines, Inv. No. 337-TA-360, USITC Pub. No. 2843, Comm'n Op.
at 7-10 (Dec. 1994).
The statute requires the Commission to consider the effects of that
remedy upon the public interest. The public interest factors the
Commission will consider include the effect that an exclusion order
would have on: (1) the public health and welfare, (2) competitive
conditions in the U.S. economy, (3) U.S. production of articles that
are like or directly competitive with those that are subject to
investigation, and (4) U.S. consumers. The Commission is therefore
interested in receiving written submissions that address the
aforementioned public interest factors in the context of the
investigation.
If the Commission orders some form of remedy, the U.S. Trade
Representative, as delegated by the President, has 60 days to approve,
disapprove, or take no action on the Commission's determination. See
Presidential Memorandum of July 21, 2005, 70 FR 43251 (July 26, 2005).
During this period, the subject articles would be entitled to enter the
United States under bond, in an amount determined by the Commission and
prescribed by the Secretary of the Treasury. The Commission is
therefore interested in receiving submissions concerning the amount of
the bond that should be imposed if a remedy is ordered.
Written Submissions: Parties to the investigation, interested
government agencies, and any other interested parties are encouraged to
file written submissions on the issues of remedy, the public interest,
and bonding.
[[Page 10641]]
In its initial submission, Complainant is also requested to
identify the remedy sought, and Complainant and OUII are requested to
submit proposed remedial orders for the Commission's consideration.
Complainant is further requested to state the length of time the
remedial order will be in place, to provide the HTSUS subheadings under
which the accused products are imported, and to supply the
identification information for all known importers of the products at
issue in the investigation. Complainant is further requested to
identify and explain, from the record, articles that it contends are
``packaging therefor'' the subject products, and thus potentially
covered by the proposed remedial orders, if imported separately from
the subject products. See 89 FR 57942-43. Failure to provide this
information may result in waiver of any remedy directed to ``packaging
therefor'' the subject products, in the event any violation may be
found. The initial written submissions and proposed remedial orders
must be filed no later than close of business on March 6, 2025. Reply
submissions must be filed no later than the close of business on March
13, 2025. No further submissions on these issues will be permitted
unless otherwise ordered by the Commission.
Persons filing written submissions must file the original document
electronically on or before the deadlines stated above pursuant to 19
CFR 210.4(f). Submissions should refer to the investigation number
(``Inv. No. 337-TA-1407'') in a prominent place on the cover page and/
or the first page. (See Handbook for Electronic Filing Procedures,
https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf).
Persons with questions regarding filing should contact the Secretary,
(202) 205-2000.
Any person desiring to submit a document to the Commission in
confidence must request confidential treatment by marking each document
with a header indicating that the document contains confidential
information. This marking will be deemed to satisfy the request
procedure set forth in Rules 201.6(b) and 210.5(e)(2) (19 CFR 201.6(b)
& 210.5(e)(2)). Documents for which confidential treatment by the
Commission is properly sought will be treated accordingly. Any non-
party wishing to submit comments containing confidential information
must serve those comments on the parties to the investigation pursuant
to the applicable Administrative Protective Order. A redacted non-
confidential version of the document must also be filed with the
Commission and served on any parties to the investigation within two
business days of any confidential filing. All information, including
confidential business information and documents for which confidential
treatment is properly sought, submitted to the Commission for purposes
of the investigation may be disclosed to and used: (i) by the
Commission, its employees and Offices, and contract personnel (a) for
developing or maintaining the records of this or a related proceeding,
or (b) in internal investigations, audits, reviews, and evaluations
relating to the programs, personnel, and operations of the Commission
including under 5 U.S.C. Appendix 3; or (ii) by U.S. government
employees and contract personnel, solely for cybersecurity purposes.
All contract personnel will sign appropriate nondisclosure agreements.
All nonconfidential written submissions will be available for public
inspection on EDIS.
The Commission vote for this determination took place on February
20, 2025.
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: February 20, 2025.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2025-03059 Filed 2-24-25; 8:45 am]
BILLING CODE 7020-02-P