80334 Federal Register / Vol. 88, No. 221 / Friday, November 17, 2023 / Notices 

The NPS updates Reference Manuals 

on a periodic basis to improve park 

administration. In response to the 

growing popularity of climbing on 

public lands, coupled with concerns 

regarding increasing impacts to 

wilderness resources and character, the 

NPS has identified the need to update 

its policy to provide consistent guidance 

to park managers and engage the public 

to help make informed decisions 

regarding climbing activities in 

wilderness areas. For these reasons, the 

NPS has drafted a proposed guidance 

for inclusion in RM 41 to provide a 

more comprehensive and consistent 

framework for evaluating potential 

actions taken by national parks to 

authorize the placement and 

replacement of fixed anchors and fixed 

equipment for recreational climbing in 

NPS wilderness areas. This includes 

guidance for implementing a minimum 

requirements analysis (MRA) to 

determine whether fixed anchors are 

necessary to preserve wilderness 

character and further wilderness values, 

including recreation. The guidance will 

clarify NPS policy on the management 

of climbing activities in wilderness in 

accordance with the Wilderness Act (16 

U.S.C. 1133(c)). 

Tribal Consultation 

As expressed in Executive Order 

13175, ‘‘Consultation and Coordination 

with Indian Tribal Governments,’’ the 

Department is committed to honoring 

the unique government-to-government 

political relationship that exists 

between the Federal Government and 

federally recognized Indian Tribes as 

listed at 87 FR 4636 (January 28, 2022). 

Secretary of the Interior Order No. 3403 

(November 15, 2021) affirmed the 

principle that the Native Hawaiian 

Community has a government-tosovereign relationship with the Federal 

Government and uses Native Hawaiian 

organizations as its informal 

representatives. Consistent with these 

commitments and principles, the NPS 

initiated Tribal consultation in March 

2023. The NPS held three virtual Tribal 

consultation sessions and accepted 

written comments from Tribes and 

Native Hawaiian Organizations for 71 

days. The NPS developed this draft 

guidance after consulting with federally 

recognized Indian Tribes, and the 

guidance reflects Tribal input. 

Michael P. Michener, 

Deputy Associate Director, Visitor and 

Resource Protection, National Park Service. 

[FR Doc. 2023–25142 Filed 11–16–23; 8:45 am] 

BILLING CODE 4312–52–P 

INTERNATIONAL TRADE 

COMMISSION 

[Investigation No. 337–TA–1328] 

Certain Pillows and Seat Cushions, 

Components Thereof, and Packaging 

Thereof; Notice of a Commission 

Determination To Issue a General 

Exclusion Order, a Limited Exclusion 

Order, and Cease and Desist Orders; 

Termination of Investigation 

AGENCY: U.S. International Trade 

Commission. 

ACTION: Notice. 

SUMMARY: Notice is hereby given that 

the U.S. International Trade 

Commission (‘‘Commission’’) has 

determined to issue a limited exclusion 

order (‘‘LEO’’) directed to Foshan Dirani 

Design Furniture Co., Ltd. (‘‘Dirani 

Design’’) barring entry of certain pillows 

and seat cushions, components thereof, 

and packaging thereof that infringe 

certain claims of U.S. Patent No. 

10,863,837 (‘‘the ’837 patent’’); a general 

exclusion order (‘‘GEO’’) barring entry 

of certain pillows and seat cushions, 

components thereof, and packaging 

thereof that infringe certain claims of 

U.S. Patent No. 10,772,445 (‘‘the ’445 

patent’’); and cease and desist orders 

(‘‘CDOs’’) directed to respondents Dirani 

Design, Dongguan Jingrui Silicone 

Technology Co., Ltd., Hangzhou Lydia 

Sports Goods Co., Ltd., and Shenzhen 

Leadfar Industry Co., Ltd. 

FOR FURTHER INFORMATION CONTACT: 

Edward S. Jou, Esq., Office of the 

General Counsel, U.S. International 

Trade Commission, 500 E Street SW, 

Washington, DC 20436, telephone (202) 

205–3316. 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 

EDIS3Help@usitc.gov. 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 September 13, 2022, based on a 

complaint (the ‘‘Complaint’’) filed by 

Purple Innovation, LLC of Lehi, Utah 

(the ‘‘Complainant’’). 87 FR 56086–88 

(Sept. 13, 2022). The Complaint alleged 

violations of section 337 of the Tariff 

Act of 1930, as amended, 19 U.S.C. 

1337, based upon the importation, the 

sale for importation, or sale within the 

United States after importation of 

certain pillows and seat cushions, 

components thereof, and packaging 

thereof by reason of infringement of the 

sole claim of U.S. Design Patent No. 

D909,092 (‘‘the D’092 patent’’); claims 

1–16, 18, 19, 21–33, and 35 of U.S. 

Patent No. 10,772,445 (‘‘the ’445 

patent’’); claims 1–4, 6, 10–12, 19, and 

20 of U.S. Patent No. 10,863,837 (‘‘the 

’837 patent’’); U.S. Trademark 

Registration No. 5,661,556 (‘‘the ’556 

mark’’); and U.S. Trademark 

Registration No. 6,551,053 (‘‘the ’053 

mark’’). Id. at 56086–87. The Complaint 

further alleged the existence of a 

domestic industry. Id. The Complaint 

also alleged violations of section 337 in 

the importation into the United States, 

or sale of certain products identified 

above by reason of trade dress 

infringement, the threat or effect of 

which is to destroy or substantially 

injure an industry in the United States. 

Id. 

The Commission’s notice of 

investigation named forty-one (41) 

respondents: Bedmate-U Co., Ltd. 

(‘‘Bedmate-U’’) of Gyeonggi-do, Korea; 

Chuang Fan Handicraft Co., Ltd. of 

Zhejiang, China; Dongguan Bounce 

Technology Co., Ltd. of Guangdong, 

China; Dongguan Jingrui Silicone 

Technology Co., Ltd. (‘‘Dongguan 

Jingrui’’) of Guangdong, China; Dirani 

Design of Guangdong, China; Global 

Ocean Trading Co., Ltd. of Guangdong, 

China; Guang An Shi Lin Chen Zai 

Sheng Wuzi Co., Ltd. of Zhejiang, 

China; Guang Zhou Wen Jie Shang Mao 

Youxian Gongsi Co., Ltd. of Shanghai, 

China; Guangzhou Epsilon Import and 

Export Co., Ltd. of Guangdong, China; 

Guangzhoushi Baixiangguo Keji 

Youxian Gongsi Co., Ltd. of Guangdong, 

China; Haircrafters LLC of Chattanooga, 

TN; Hangzhou Lishang Import & Export 

Co., Ltd. of Zhejiang, China; Hangzhou 

Lydia Sports Goods Co., Ltd. 

(‘‘Hangzhou Lydia’’) of Zhejiang, China; 

Hebei Zeyong Technology Co., Ltd. of 

Hebei, China; Henson Holdings, LLC 

(‘‘Henson Holdings’’) of Lafayette, 

Louisiana; Hetaibao of Anhui, China; 

Hubei Sheng Bingyi Dianzi Keji 

Youxian Gongsi Co., Ltd. of Hubei, 

China; Kaifeng Shi Long Ting Qu Chen 

Yi Shangmao Youxian Gongsi Co. Ltd. 

of Henan, China; Lankao Junchang 

Electronic Commerce Co., Ltd. of 

Henan, China; Lei Lei Wang of Anhui, 

China; Liu Lin Xian Xu Bin Dian Zi 

Chan Pin Dian of Shanxi, China; 

Nanchang Shirong Bao Er Guanggao 

Youxian Gongsi Co., Ltd. of Jiangxi, 

China; Ningbo Bolian Import & Export 

Co., Ltd. (‘‘Ningbo Bolian’’) of Beijing 


khammond on DSKJM1Z7X2PROD with NOTICES
Federal Register / Vol. 88, No. 221 / Friday, November 17, 2023 / Notices 80335 

1The record is defined in § 207.2(f) of the 

Commission’s Rules of Practice and Procedure (19 

CFR 207.2(f)). 

China; Ningbo Minzhou Import & 

Export Co., Ltd. (‘‘Ningbo Minzhou’’) of 

Beijing, China; Ruian Xiu Yuan Guoji 

MaoYi Youxian Gongsi Co., Ltd. of 

Zhejiang, China; Shandong Jiu Hui 

Xinxi Keji Youxian Gongsi Co., Ltd. 

(‘‘Shangdong Jiu Hui’’) of Shandong, 

China; Shanxi Chao Ma Xun Keji 

Youxian Gongsi Co., Ltd. of Shanxi, 

China; Shenzhen Baibaikang 

Technology Co., Ltd. of Guangdong, 

China; Shenzhen Leadfar Industry Co., 

Ltd. (‘‘Shenzhen Leadfar’’) of 

Guangdong, China; Shenzhen Shi Mai 

Rui Ke Dianzi Shangwu Co., Ltd. of 

Guangdong, China; Shenzhen Shi Xin 

Shangpin Dianzi Shangwu Youxian 

Gongsi Co., Ltd. (‘‘Shenzhen Shi Xin’’) 

of Guangdong, China; Shenzhen Shi 

Yan Huang Chu Hai Keji Youxian 

Gongsi Co., Ltd. of Guangdong, China; 

Shenzhen Shi Yuxiang Meirong Yongju 

Youxian Gongsi Co., Ltd. of Guangdong, 

China; Shenzhen Tianrun Material Co., 

Ltd. of Guangdong, China; Wuhan 

Chenkuxuan Technology Co., Ltd. of 

Hubei, China; Xiao Dawei of Fujian, 

China; Xiao Xiao Pi Fa Shang Mao You 

Xian Ze Ren Gongsi Co. of Shanxi, 

China; YaRu Wang of Shanxi, China; 

Yiwu Youru E-commerce Co., Ltd. of 

Zhejiang, China; Zhejiang Xinhui 

Import & Export Co., Ltd. of Zhejiang, 

China; and Zhou Meng Bo of 

Guangdong, China. Id. at 56087–88. The 

Office of Unfair Import Investigations 

(‘‘OUII’’) was also a party to this 

investigation. Id. at 56088. 

Five (5) respondents were terminated 

by withdrawal of allegations in the 

Complaint pursuant to Order No. 15 

(Jan. 10, 2023), unreviewed by Comm’n 

Notice (Feb. 8, 2023). Twenty-five (25) 

additional respondents were terminated 

by withdrawal of allegations in the 

Complaint pursuant to Order No. 19 

(Feb. 16, 2023), unreviewed by Comm’n 

Notice (Mar. 20, 2023), reconsidered in 

part by Comm’n Notice (May 19, 2023). 

Complainant also withdrew its 

allegations with respect to trade dress 

infringement, the ’556 mark, the ’053 

mark, and the D’092 patent pursuant to 

Order No. 19. Id. Seven additional 

respondents were terminated by consent 

order pursuant to Order No. 23 (Mar. 30, 

2023) (Shenzhen Shi Xin), Order No. 24 

(Apr. 3, 2023) (Bedmate-U), Order No. 

25 (Apr. 7, 2023) (Henson Holdings), 

Order No. 26 (Apr. 10, 2023) (Ningbo 

Minzhou), Order No. 27 (Apr. 12, 2023) 

(Lei Lei Wang), Order No. 28 (Apr. 13, 

2023) (Hetaibao), and Order No. 29 (May 

10, 2023) (Ningbo Bolian), unreviewed 

by Comm’n Notice (May 19, 2023). 

Dirani Design, Dongguan Jingrui, 

Hangzhou Lydia, and Shenzhen Leadfar 

(collectively, the ‘‘Defaulting 

Respondents’’) were found in default 

pursuant to Order No. 16 (Jan. 11, 2023), 

unreviewed by Comm’n Notice (Feb. 8, 

2023), and Order No. 21 (Mar. 8, 2023), 

unreviewed by Comm’n Notice (Mar. 30, 

2023). 

On March 15, 2023, Complainant filed 

a motion for summary determination of 

violation with respect to infringement of 

certain claims of the ’837 patent and the 

’445 patent by the Defaulting 

Respondents. On March 29, 2023, OUII 

filed a response in support of the 

motion. 

On July 13, 2023, the ALJ issued an 

Initial Determination granting 

Complainant’s motion with respect to 

the ’445 patent, noted that a finding of 

violation was unnecessary as to Dirani 

Design relating to the ’837 patent 

because Complainant sought only an 

LEO, and issued a Recommended 

Determination on Remedy and Bond 

(Order No. 31, the ‘‘ID’’ and ‘‘RD’’). No 

petitions for review of the ID were filed. 

On August 28, 2023, the Commission 

determined to review the ID in part and 

to affirm, with modifications, the ALJ’s 

grant of summary determination of a 

violation of section 337 by reason of 

infringement of certain claims of the 

’445 patent by Dongguan Jingrui, 

Hangzhou Lydia, and Shenzhen Leadfar. 

88 FR 60491–94. The Commission 

requested submissions on remedy, the 

public interest, and bonding. Id. 

Complainant filed a public interest 

statement on August 14, 2023, and a 

written submission on remedy, the 

public interest, and bonding on 

September 11, 2023. OUII filed a written 

submission on remedy, the public 

interest, and bonding on September 11, 

2023, and a reply submission on 

remedy, the public interest, and 

bonding on September 18, 2023. 

Having examined the record in this 

investigation, the Commission has 

determined pursuant to section 

337(g)(1) and Commission Rule 

210.16(c) to issue an LEO prohibiting 

the unlicensed entry of certain pillows 

and seat cushions, components thereof, 

and packaging thereof that infringe one 

or more of claims 1, 3, 4, and 10 of the 

’837 patent that are manufactured 

abroad by, or on behalf of, or imported 

by or on behalf of Dirani Design. The 

Commission has also determined 

pursuant to section 337(d) to issue a 

GEO prohibiting the unlicensed entry of 

certain pillows and seat cushions, 

components thereof, and packaging 

thereof that infringe one or more of 

claims 18, 19, 21–29, and 33 of the ’445 

patent. The Commission has further 

determined to issue CDOs against Dirani 

Design, Dongguan Jingrui, Hangzhou 

Lydia, and Shenzhen Leadfar. 

The Commission has determined that 

the public interest factors enumerated in 

subsections (d)(1), (f), and (g)(1) of 

section 337 do not preclude the 

issuance of the remedial orders. The 

Commission has further determined that 

the bond during the period of 

Presidential review pursuant to section 

337(j) (19 U.S.C. 1337(j)) shall be set in 

the amount of one hundred percent 

(100%) of the entered value of the 

imported articles that are subject to the 

LEO and GEO. The Commission’s 

remedial orders were delivered to the 

President and to the United States Trade 

Representative on the day of their 

issuance. The investigation is hereby 

terminated. 

While temporary remote operating 

procedures are in place in response to 

COVID–19, the Office of the Secretary is 

not able to serve parties that have not 

retained counsel or otherwise provided 

a point of contact for electronic service. 

Accordingly, pursuant to Commission 

Rules 201.16(a) and 210.7(a)(1) (19 CFR 

201.16(a), 210.7(a)(1)), the Commission 

orders that the Complainant(s) complete 

service for any party/parties without a 

method of electronic service noted on 

the attached Certificate of Service and 

shall file proof of service on the 

Electronic Document Information 

System (EDIS). 

The Commission vote for this 

determination took place on November 

13, 2023. 

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: November 13, 2023. 

Lisa Barton, 

Secretary to the Commission. 

[FR Doc. 2023–25412 Filed 11–16–23; 8:45 am] 

BILLING CODE 7020–02–P 

INTERNATIONAL TRADE 

COMMISSION 

[Investigation No. 731–TA–472 (Fifth 

Review)] 

Silicon Metal From China; 

Determination 

On the basis of the record 1 developed 

in the subject five-year review, the 

United States International Trade 

Commission (‘‘Commission’’) 

determines, pursuant to the Tariff Act of 


khammond on DSKJM1Z7X2PROD with NOTICES