```

[Federal Register Volume 90, Number 24 (Thursday, February 6, 2025)]
[Notices]
[Pages 9083-9084]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-02286]

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

INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1436]

Certain Shapewear Garments; Notice of Institution of 
Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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

SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on December 31, 2024, under section 
337 of the Tariff Act of 1930, as amended, on behalf of Spanx, LLC of 
Atlanta, Georgia. A supplement to the complaint was filed on January 
22, 2025. The 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 shapewear garments by reason of the infringement of certain 
claims of U.S. Patent No. 9,179,713 (``the '713 patent''); U.S. Patent 
No. 9,930,916 (``the '916 patent''); U.S. Patent No. 10,455,866 (``the 
'866 patent''); U.S. Patent No. D707,920 (``the '920 patent''); U.S. 
Patent No. D796,780 (``the '780 patent''); and U.S. Patent No. D796,784 
(``the '784 patent''). The complaint further alleges that an industry 
in the United States exists or is in the process of being established 
as required by the applicable Federal Statute.
    The complainant requests that the Commission institute an 
investigation and, after the investigation, issue a general exclusion 
order, or in the alternative a limited exclusion order, and cease and 
desist orders.

ADDRESSES: The complaint, except for any confidential information 
contained therein, may be viewed on the Commission's electronic docket 
(EDIS) at https://edis.usitc.gov. For help accessing EDIS, please email 
[email protected]. Hearing impaired individuals are advised that 
information on this matter can be obtained by contacting the 
Commission's TDD terminal on (202) 205-1810. Persons with mobility 
impairments who will need special assistance in gaining access to the 
Commission should contact the Office of the Secretary at (202) 205-
2000. General information concerning the Commission may also be 
obtained by accessing its internet server at https://www.usitc.gov.

FOR FURTHER INFORMATION CONTACT: Pathenia M. Proctor, The Office of 
Unfair Import Investigations, U.S. International Trade Commission, 
telephone (202) 205-2560.

SUPPLEMENTARY INFORMATION: 
    Authority: The authority for institution of this investigation is 
contained in section 337 of the Tariff Act of 1930, as amended, 19 
U.S.C. 1337, and in section 210.10 of the Commission's Rules of 
Practice and Procedure, 19 CFR 210.10 (2025).
    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on January 31, 2025, ordered that--
    (1) Pursuant to subsection (b) of section 337 of the Tariff Act of 
1930, as amended, an investigation be instituted to determine whether 
there is a violation of subsection (a)(1)(B) of section 337 in the 
importation into the United States, the sale for importation, or the 
sale within the United States after importation of certain products 
identified in paragraph (2) by reason of infringement of one or more of 
claims 1-20 of the '713 patent; claims 1-4 of the '916 patent; claims 
1-11 of the '866 patent; the claim of the '920 patent; the claim of the 
'780 patent; and the claim of the '784 patent, and whether an industry 
in the United States exists or is in the process of being established 
as required by subsection (a)(2) of section 337;
    (2) Pursuant to section 210.10(b)(1) of the Commission's Rules of 
Practice and Procedure, 19 CFR 210.10(b)(1), the plain language 
description of the accused products or category of accused products, 
which defines the scope of the investigation, is ``patterned shapewear 
garments, such as briefs, shorts, thongs, bodysuits, camisoles, tanks, 
and panties'';
    (3) For the purpose of the investigation so instituted, the 
following are hereby named as parties upon which this notice of 
investigation shall be served:

[[Page 9084]]

    (a) The complainant is: Spanx, LLC, 3035 Peachtree Rd. NE, STE 200, 
Atlanta, GA 30305.
    (b) The respondents are the following entities alleged to be in 
violation of section 337, and are the parties upon which the complaint 
is to be served:

Honeylove Sculptwear, Inc., 360 East 2nd Street, Suite 703, Los 
Angeles, CA 90012
Guangzhoushi Chiping Dianzi Maoyi Co. Ltd., Room 310-9 No.7 Building 
No.3, Xintang Ave., Tianhe District, Guangzhou, GD 510000, China
Daerwene Inc., 4440 Arapahoe Ave. Ste 215, Boulder, CO 80303, 
Guangzhoushi Cedong Shangmao, Youxiangongsi, Dongping Dongkeng Street, 
Baiyun, District, Guangzhou, GD 510000, China
Bingrong Co., Ltd., Shenzhen Shi Fu Tianqu Huaqiangbei, Jiedao 
Huahangshe Quhuaqiang Bei Lu, 1005 1007 1015 Haohuaqiang Dianzi, Shijie 
3 Haolou 2 Ceng, 32C073, Shenzhen Shi, GD 518000, China
Dolce Vita Intimates LLC, 1000 First Street, Harrison, New Jersey 07029

    (c) The Office of Unfair Import Investigations, U.S. International 
Trade Commission, 500 E Street SW, Suite 401, Washington, DC 20436; and
    (4) For the investigation so instituted, the Chief Administrative 
Law Judge, U.S. International Trade Commission, shall designate the 
presiding Administrative Law Judge.
    Responses to the complaint and the notice of investigation must be 
submitted by the named respondents in accordance with section 210.13 of 
the Commission's Rules of Practice and Procedure, 19 CFR 210.13. 
Pursuant to 19 CFR 201.16(e) and 210.13(a), as amended in 85 FR 15798 
(March 19, 2020), such responses will be considered by the Commission 
if received not later than 20 days after the date of service by the 
complainant of the complaint and the notice of investigation. 
Extensions of time for submitting responses to the complaint and the 
notice of investigation will not be granted unless good cause therefor 
is shown.
    Failure of a respondent to file a timely response to each 
allegation in the complaint and in this notice may be deemed to 
constitute a waiver of the right to appear and contest the allegations 
of the complaint and this notice, and to authorize the administrative 
law judge and the Commission, without further notice to the respondent, 
to find the facts to be as alleged in the complaint and this notice and 
to enter an initial determination and a final determination containing 
such findings, and may result in the issuance of an exclusion order or 
a cease and desist order or both directed against the respondent.

    By order of the Commission.

    Issued: January 31, 2025.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2025-02286 Filed 2-5-25; 8:45 am]
BILLING CODE 7020-02-P
```