[Federal Register Volume 91, Number 12 (Tuesday, January 20, 2026)]
[Notices]
[Pages 2367-2368]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2026-00955]
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1444]
Certain Nasal Devices and Components Thereof; Notice of
Commission's Request for Written Submissions on Remedy, the Public
Interest, and Bonding
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
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: Ronald A. Traud, Esq., Office of the
General Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202) 205-3427. 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'') of Denton, Texas. 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 (``section 337''), 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
claims of U.S. Patent Nos. 9,750,856; 11,318,234; 11,883,009;
11,883,010; and 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) (``Cenny'') of Fujian, China; Xia Men Deng Jia
E-Commerce Co., Ltd. (d/b/a Ronfnea) (``Ronfnea'') of Fujian, China;
Chongqing Moffy Innovation Technology Co., Ltd. (``Moffy'') of
Chongqing City, China; Guangdong XINRUNTAO Technology Co., Ltd.
(``Xinruntao'') and Shenzhen Jun&Liang Media Tech Limited
(``Jun&Liang'') of Shenzhen, China; RhinoSystems of Brooklyn, Ohio; and
Spa Sciences LP of Port St. Lucie, Florida. Id. The Office of Unfair
Import Investigations is not a party to the investigation. Id.
On June 17, 2025, the Commission determined not to review an
initial determination (Order No. 9) granting Complainant's motion for
leave to amend the Complaint and Notice of Investigation to substitute
and correct the appropriate entity from named respondent ``Spa Sciences
LP'' to ``Michael Todd Beauty LP d/b/a Spa
[[Page 2368]]
Sciences.'' Order No. 9 (May 22, 2025), unreviewed by Comm'n Notice
(June 17, 2025).
On August 6, 2025, the Commission determined not to review an
initial determination (Order No. 14) granting a joint motion to
terminate Michael Todd Beauty LP d/b/a Spa Sciences from the
investigation on the basis of settlement. Order No. 14 (July 14, 2025),
unreviewed by Comm'n Notice (Aug. 6, 2025). On December 4, 2025, the
Commission determined to review in part and on review affirmed an
initial determination finding respondents Cenny, Ronfnea, Moffy,
Xinruntao, and Jun&Liang in default. Order No. 27 (Sept. 22, 2025),
reviewed in part and aff'd by Comm'n Notice (Dec. 4, 2025). On December
22, 2025, the Commission determined not to review an initial
determination (Order No. 28) granting a joint motion to terminate
RhinoSystems from the investigation on the basis of settlement. Order
No. 28 (Dec. 4, 2025), unreviewed by Comm'n Notice (Dec. 22, 2025).
Accordingly, all remaining respondents have been found in default.
On January 5, 2026, Complainant filed a declaration under
Commission Rule 210.16 (19 CFR 210.16(c)), seeking immediate entry of a
limited exclusion order (``LEO'') and cease and desist order (``CDO'')
against each of the respondents found in default. Those respondents are
(1) Cenny), (2) Ronfnea, (3) Moffy, (4) Xinruntao, and (5) Jun&Liang.
No response to Complainant's declaration was received.
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.
In its initial submission, Complainant is requested to identify the
remedy sought and to submit proposed remedial orders for the
Commission's consideration. Complainant is further requested to state
the date 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 the investigation. The initial written submissions
and proposed remedial orders must be filed no later than close of
business on January 29, 2026. Reply submissions must be filed no later
than the close of business on February 5, 2026. 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-1444'') 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 January
14, 2026.
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: January 15, 2026.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2026-00955 Filed 1-16-26; 8:45 am]
BILLING CODE 7020-02-P