[Federal Register Volume 90, Number 85 (Monday, May 5, 2025)]
[Notices]
[Pages 18991-18993]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-07687]
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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 Terminating Active Respondents From the Investigation
Based on Withdrawal of the Complaint; Request for Written Submissions
on Remedy, the Public Interest, and Bonding as to Defaulting
Respondents
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 to (1) not review an initial determination
(``ID'') (Order No. 44) issued by the presiding administrative law
judge (``ALJ'') granting a motion filed by JBS Hair, Inc. (``JBS
Hair'') to terminate the investigation as to the remaining active
respondents based on withdrawal of the complaint, and (2) to request
written submissions from the parties, interested government agencies,
and interested persons, under the schedule set forth below, on remedy,
the public interest, and bonding with respect to respondents previously
found to be in default.
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 9, 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; 10,945,478; and 10,980,301. The
Commission's notice of investigation (``NOI'') named the following
respondents: Zugoo Import Inc. (``Zugoo'') of Norcross, GA; Crown
Pacific Group Inc. (``Crown Pacific'') of Doraville, GA; Vivace, Inc.
d/b/a Dae Do Inc. of Levittown, NY (``Dae Do''); A-Hair Import Inc. of
Norcross, GA (``A-Hair''); Loc N Products, LLC of Atlanta, GA (``Loc
N''); Sun Taiyang Co., Ltd. d/b/a Outre[supreg] of Moonachie, NJ;
Beauty Elements Corporation d/b/a Bijouz[supreg] of Miami Gardens, FL;
Hair Zone, Inc. d/b/a Sensationnel[supreg] of Moonachie, NJ; Beauty
Essence, Inc. d/b/a SupremeTM Hair US of Moonachie, NJ; SLI
Production Corp. d/b/a It's a Wig! of Moonachie, NJ; Royal Imex, Inc.
d/b/a Zury[supreg] Hollywood of Santa Fe Springs, CA; GS Imports, Inc.
d/b/a Golden State Imports, Inc. of Paramount, CA; Eve Hair, Inc. of
Lakewood, CA; Kum Kang Trading USA, Inc. d/b/a BNGHAIR of Paramount, CA
(``Kum Kang''); Midway International, Inc. d/b/a BOBBI BOSS of
Cerritos, CA; Mayde Beauty Inc. of Port Washington, NY; Hair Plus
Trading Co., Inc. d/b/a Femi Collection of Suwanee, GA; Optimum
Solution Group LLC d/b/a Oh Yes Hair of Duluth, GA; Chois
International, Inc. of Norcross, GA; Twin Peak International, Inc. d/b/
a Dejavu Hair of Atlanta, GA; Chade Fashions, Inc. of Niles, IL; Mink
Hair, Ltd. d/b/a Sensual[supreg] Collection of Wayne, NJ (``Mink
Hair''); Mane Concept Inc. of Moonachie, NJ; Oradell International
Corp. d/b/a MOTOWN TRESS of Manalapan, NJ (``Oradell''); Beauty Plus
Trading Co., Inc. d/b/a Janet CollectionTM of Moonachie, NJ;
Model Model Hair Fashion, Inc. of Port Washington, NY; New Jigu Trading
Corp. d/b/a Harlem 125[supreg] of Port Washington, NY; Shake N Go
Fashion, Inc. of Port Washington, NY; Amekor Industries, Inc. d/b/a
Vivica A. Fox[supreg] Hair Collection of Conshohocken, PA; I & I Hair
of Dallas, TX. Id. The Office of Unfair Import Investigations
(``OUII'') was also named as a party in this investigation. Id. at
73124.
On December 2, 2024, the Commission granted JBS Hair's motion to
amend the complaint and NOI 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. See Order No. 15 (Nov. 4,
2024), unreviewed by Comm'n Notice, 89 FR 97068-69 (Dec. 6, 2024).
The Commission previously terminated several respondents based on
consent order stipulations and
[[Page 18992]]
consent orders. See Order No. 10 (Oct. 18, 2024), unreviewed by Comm'n
Notice (Nov. 15, 2024) (Kum Kang, Mink Hair, and Oradell); Order No. 16
(Nov. 14, 2024), unreviewed by Comm'n Notice (Dec. 11, 2024) (I & I
Hair); Order No. 28 (Dec. 23, 2024), unreviewed by Comm'n Notice (Jan.
21, 2025) (JMS Trading).
The Commission has also found several respondents to be in default.
See Order No. 26 (Dec. 19, 2024), unreviewed by Comm'n Notice (January
17, 2025) (Loc N); Order No. 31 (Feb. 4, 2025), unreviewed by Comm'n
Notice (February 24, 2025) (Dae Do and A-Hair); Order No. 32 (Feb. 14,
2025), unreviewed by Comm'n Notice (March 11, 2025) (Crown Pacific);
Order No. 34 (Feb. 24, 2025), unreviewed by Comm'n Notice (March 24,
2025) (Zugoo).
On April 1, 2025, JBS Hair filed a motion to terminate the
investigation as to the remaining active respondents based on
withdrawal of the Complaint.
On April 10, 2025, the presiding ALJ issued the subject ID (Order
No. 44) terminating the investigation pursuant to Commission Rule
210.21(a) (19 CFR 210.21(a)). ID at 3. The ID finds that ``no
extraordinary circumstances exist that would prevent the requested
partial termination of this Investigation'' and that JBS Hair ``has
complied with the requirements of Commission Rule 210.21(a).'' Id. at
3.
On April 15, 2025, JBS Hair filed a document entitled ``Written
Submission on Remedy, Bonding and Public Interest with Respect to
Defaulting Respondents'' (``Remedy Submission'').
No party filed a petition for review of the subject ID.
The Commission has determined not to review the subject ID. The
investigation is terminated with respect to the remaining active
respondents. The Commission considers JBS Hair's Remedy Submission to
be a declaration seeking relief against defaulting respondents pursuant
to Commission Rule 210.16(c)(1) (19 CFR 210.16(c)(1)).
In connection with the final disposition of this 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 and
cease and desist orders 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 this 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. In their initial submission, Complainants are also
requested to identify the remedy sought and Complainants are requested
to submit proposed remedial orders for the Commission's consideration.
Complainants are further requested to state the dates that the Asserted
Patents expire, 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 this
investigation. The initial written submissions and proposed remedial
orders must be filed no later than close of business on May 14, 2025.
Reply submissions must be filed no later than the close of business on
May 21, 2025. No further submissions on any of 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-1415'') 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 this 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's vote for this determination took place on April
29, 2025.
The authority for the Commission's determination is contained in
section 337 of the Tariff Act of 1930, as
[[Page 18993]]
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: April 29, 2025.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2025-07687 Filed 5-2-25; 8:45 am]
BILLING CODE 7020-02-P