[Federal Register Volume 90, Number 118 (Monday, June 23, 2025)]
[Notices]
[Pages 26609-26610]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-11406]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1444]
Certain Nasal Devices and Components Thereof; Notice of a
Commission Determination Not To Review an Initial Determination
Granting Complainant's Motion For Leave 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 (``Commission'') has determined not to review an initial
determination (``ID'') (Order No. 9) of the presiding administrative
law judge (``ALJ''), granting Complainant's motion for leave to amend
the complaint and notice of investigation.
FOR FURTHER INFORMATION CONTACT: Jonathan D. Link, Esq., Office of the
General Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202) 205-3103. 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 this investigation
on March 26, 2025, based on a complaint filed by Aardvark Medical Inc.
(``Complainant''). 90 FR 13781-82 (Mar. 26, 2025). The complaint, as
supplemented, alleges violations of section 337 of the Tariff Act of
1930, as amended, 19 U.S.C. 1337, in the importation into the United
States, the sale for importation, or the sale within the United States
after importation of certain nasal devices and components thereof by
reason of infringement of one or more of claims 1-5, 7-14, and 16-19 of
U.S. Patent No. 9,750,856; claims 1-4, 6, 8-12, 14-17, 21-24, 27, and
28 of U.S. Patent No. 11,318,234; 1-3, 6-8, 10-12, 16-18, 21, 22, and
28 of U.S. Patent No. 11,883,009; claims 1-8, 10-15, and 17-22 of U.S.
Patent No. 11,883,010; and claims 1-9, 12-21, 23, 24, and 26 of U.S.
Patent No. 11,889,995. Id. at 13781. The complaint further alleges that
a domestic industry exists. Id. The Commission's notice of
investigation named as respondents: Xiamenximier Electronic Commerce
Co., Ltd (d/b/a Cenny) and Xia Men Deng Jia E-Commerce Co., Ltd. (d/b/a
Ronfnea) of Fujian, China; Chongqing Moffy Innovation Technology Co.,
Ltd. of Chongqing City, China; Guangdong XINRUNTAO Technology Co., Ltd.
and Shenzhen Jun&Liang Media Tech Limited of Shenzhen, China;
RhinoSystems, Inc. of Brooklyn, Ohio; and Spa Sciences LP of Port St.
Lucie, Florida. Id. The Office of Unfair Import Investigations is not
participating in the investigation. Id.
On April 4, 2025, Complainant filed a motion to amend the Complaint
and Notice of Investigation (``Motion to Amend'') to substitute and
correct the appropriate entity from named
[[Page 26610]]
Respondent ``Spa Sciences LP'' to ``Michael Todd Beauty LP d/b/a Spa
Sciences.'' Pursuant to Ground Rule 2.2, Complainant reported that
third-party Michael Todd Beauty LP d/b/a Spa Sciences (``MTB'') would
``take a position on the Motion as filed.'' See Mot. to Amend at 1.
On April 10, 2025, before the opposition to the Motion to Amend was
due, the ALJ issued Order No. 7, granting Complainant's Motion to
Amend. On April 11, 2025, MTB filed an opposition to Complainant's
Motion to Amend. On April 17, 2025, MTB filed a Motion for
Reconsideration of Order No. 7.
On May 7, 2025, the Commission determined to review Order No. 7 and
remanded Order No. 7 to the ALJ to consider both MTB's Motion for
Reconsideration of Order No. 7 and its Opposition to Complainant
Aardvark Inc.'s Motion for Leave to Amend the Complaint. See Order No.
7, reviewed by Comm'n Notice (May 7, 20225).
On May 22, 2025, the ALJ issued the subject ID (Order No. 9)
granting Complainant's motion for leave to amend the Complaint and
Notice of Investigation. See Order No. 9 (May 22, 2025). No petitions
for review of the ID were filed.
The Commission has determined not to review the subject ID. The
named respondent Spa Sciences LP has been changed to ``Michael Todd
Beauty LP d/b/a Spa Sciences.''
The Commission vote for this determination took place on June 17,
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: June 17, 2025.
Sharon Bellamy,
Supervisory and Hearings and Information Officer.
[FR Doc. 2025-11406 Filed 6-20-25; 8:45 am]
BILLING CODE 7020-02-P