[Federal Register Volume 83, Number 243 (Wednesday, December 19, 2018)]
[Notices]
[Pages 65179-65180]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-27413]


=======================================================================
-----------------------------------------------------------------------

INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1084]


Certain Insulated Beverage Containers, Components, Labels, and 
Packaging Material Thereof; Notice of Issuance of a Limited Exclusion 
Order Against Two Respondents Found in Default; Termination of 
Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has issued a limited exclusion order (``LEO'') against 
certain insulated beverage containers, components thereof, labels, and 
packaging material thereof, that are manufactured or imported by 
defaulted respondents. The investigation is terminated.

FOR FURTHER INFORMATION CONTACT: Robert Needham, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone (202) 708-5468. Copies of non-
confidential documents filed in connection with this investigation are 
or will be available for inspection during official business hours 
(8:45 a.m. to 5:15 p.m.) in the

[[Page 65180]]

Office of the Secretary, U.S. International Trade Commission, 500 E 
Street SW, Washington, DC 20436, telephone (202) 205-2000. General 
information concerning the Commission may also be obtained by accessing 
its internet server at https://www.usitc.gov. The public record for 
this investigation may be viewed on the Commission's electronic docket 
(EDIS) at https://edis.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 November 24, 2017, based on a complaint and supplement, filed on 
behalf of Yeti Coolers, LLC of Austin, Texas (``Yeti''). 82 FR 55860-61 
(Nov. 24, 2017). The amended complaint, as supplemented, alleges 
violations of section 337 based upon the importation into the United 
States, the sale for importation, and the sale within the United States 
after importation of certain insulated beverage containers, components, 
labels, and packaging materials thereof by reason of infringement of 
U.S. Trademark Registration Nos. 5,233,441 and 4,883,074; U.S. 
Copyright Registration Nos. VA 1-974-722, VA 1-974-732, VA 1-974-735; 
and U.S. Design Patent Nos. D752,397, D780,533, D781,146, and D784,775. 
The complaint further alleges that an industry in the United States 
exists as required by section 337. The notice of investigation named 
thirteen respondents, including Huizhou Dashu Trading Co., Ltd. of 
Huizou City, China (``Huizhou Dashu'') and Huagong Trading Co., Ltd. of 
Wangshizhuang, China (``Huagong''). The Office of Unfair Import 
Investigations (``OUII'') was also named as a party.
    The Commission terminated eleven of those respondents based on 
settlement agreements and partial withdrawals of the complaint. See 
Order No. 11 (Mar. 8, 2018), not reviewed Notice (Mar. 26, 2018); Order 
Nos. 19, 20, and 21 (Apr. 17, 2018), not reviewed Notice (May 11, 
2018); Order No. 27 (Jun. 8, 2018), not reviewed Notice (Jun. 29, 
2018); Order No. 29 (Sept. 27, 2018), not reviewed Notice (Oct. 22, 
2018).
    The Commission found the remaining two respondents, Huizhou Dashu 
and Huagong, in default for failing to respond to the complaint and 
notice of investigation. Order No. 29 (Sept. 27, 2018), not reviewed 
Notice (Oct. 22, 2018). The Commission also sought briefing on remedy, 
the public interest, and bonding, and received main and reply 
submissions from Yeti and OUII. In response, both Yeti and OUII 
requested that the Commission issue an LEO against Huizhou Dashu and 
Huagong. The Commission received no responses from the public.
    The Commission has determined that the appropriate form of relief 
in this investigation is an LEO prohibiting the unlicensed entry of 
insulated beverage containers, components thereof, labels, and 
packaging material thereof that infringe one or more of U.S. Trademark 
Registration Nos. 5,233,441 and 4,883,074; U.S. Copyright Registration 
Nos. VA 1-974-722, VA 1-974-732, VA 1-974-735; and U.S. Design Patent 
Nos. D752,397 and D780,533, and that are manufactured abroad by or on 
behalf of, or imported by or on behalf of, Huizhou Dashu and Huagong. 
The Commission has further determined that the LEO should also prohibit 
the unlicensed entry of insulated beverage containers, components 
thereof, labels, and packaging material thereof that infringe one or 
more of U.S. Design Patent Nos. D781,146 and D784,775, and that are 
manufactured abroad by or on behalf of, or imported by or on behalf of, 
Huagong. The Commission has additionally determined that the public 
interest factors enumerated in Section 337(g)(l) (19 U.S.C. 1337(g)(l)) 
do not preclude issuance of the LEO. The Commission has determined that 
the bond for importation during the period of Presidential review shall 
be in the amount of one hundred (100) percent of the entered value of 
the imported subject articles of Respondent. The Commission's order was 
delivered to the President and the United States Trade Representative 
on the day of its issuance.
    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 13, 2018.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2018-27413 Filed 12-18-18; 8:45 am]
 BILLING CODE 7020-02-P