[Federal Register Volume 88, Number 221 (Friday, November 17, 2023)]
[Notices]
[Pages 80334-80335]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-25412]


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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.

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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 
<a href="/cdn-cgi/l/email-protection#7431303d27473c1118043401071d00175a131b02"><span class="__cf_email__" data-cfemail="7e3b3a372d4d361b120e3e0b0d170a1d50191108">[email protected]</span></a>. 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

[[Page 80335]]

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


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