[Federal Register Volume 76, Number 3 (Wednesday, January 5, 2011)]
[Notices]
[Pages 585-586]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-33249]
[[Page 585]]
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INTERNATIONAL TRADE COMMISSION
[Inv. No. 337-TA-754]
In the Matter of Certain Handbags, Luggage, Accessories and
Packaging Thereof; Notice of Investigation
AGENCY: U.S. International Trade Commission.
ACTION: Institution of investigation pursuant to 19 U.S.C. 1337.
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SUMMARY: Notice is hereby given that a complaint was filed with the
U.S. International Trade Commission on December 3, 2010, under section
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of
Louis Vuitton Malletier S.A. of France and Louis Vuitton U.S.
Manufacturing, Inc. of San Dimas, California. An amended complaint was
filed on December 10, 2010. On December 16, 2010, complainants filed
supplemental materials. The amended complaint 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 handbags. luggage, accessories and packaging
thereof by reason of infringement of U.S. Trademark Registration No.
297,594 (``the `594 trademark''); U.S. Trademark Registration No.
1,643,625 (``the `625 trademark''); U.S. Trademark Registration No.
1,653,663 (``the `663 trademark''); U.S. Trademark Registration No.
1,875,198 (``the `198 trademark''); U.S. Trademark Registration No.
2,773,107 (``the `107 trademark''); U.S. Trademark Registration No.
2,177,828 (``the `828 trademark''); U.S. Trademark Registration No.
2,181,753 (``the `753 trademark''); and U.S. Trademark Registration No.
1,519,828 (``the `828 trademark''). The complaint further alleges that
an industry in the United States exists as required by subsection
(a)(2) of section 337.
The complainants request that the Commission institute an
investigation and, after the investigation, issue an exclusion order
and cease and desist orders.
ADDRESSES: The complaint, except for any confidential information
contained therein, is available for inspection during official business
hours (8:45 a.m. to 5:15 p.m.) in the Office of the Secretary, U.S.
International Trade Commission, 500 E Street, SW., Room 112,
Washington, DC 20436, telephone 202-205-2000. 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 http://www.usitc.gov. The
public record for this investigation may be viewed on the Commission's
electronic docket (EDIS) at http://edis.usitc.gov.
FOR FURTHER INFORMATION CONTACT: Erin D. E. Joffre, Esq., Office of
Unfair Import Investigations, U.S. International Trade Commission,
telephone (202) 205-2550.
Authority: The authority for institution of this investigation is
contained in section 337 of the Tariff Act of 1930, as amended, and in
section 210.10 of the Commission's Rules of Practice and Procedure, 19
CFR 210.10 (2010).
Scope of Investigation: Having considered the complaint, the U.S.
International Trade Commission, on December 28, 2010, 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 handbags,
luggage, accessories and packaging thereof that infringe the `594
trademark; the `625 trademark; the `663 trademark; the `198 trademark;
the `107 trademark; the `828 trademark; the `753 trademark; and the
`828 trademark, and whether an industry in the United States exists as
required by subsection (a)(2) of section 337;
(2) For the purpose of the investigation so instituted, the
following are hereby named as parties upon which this notice of
investigation shall be served:
(a) The complainants are:
Louis Vuitton Malletier S.A., 2 Rue du Pont Neuf, Paris, France 75034.
Louis Vuitton U.S. Manufacturing, Inc., 321 W. Covina Boulevard, San
Dimas, CA 91773-2907.
(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:
T&T Handbag Industrial Co., Ltd., Room 4202, Tower B, KingGu Building,
HeGuang Road, TianHe District, Guangzhou, China.
Sanjiu Leather Co., Ltd. of Guangzhou, 9 Longgui Section (Nancun
4 Economic Community), National Road 106, Baiyun District,
Guangzhou, China.
Meada Corporation (d/b/a Diophy International), 9319A Telstar Avenue,
El Monte, CA 91731-2815.
Pacpro, Inc., 9319A Telstar Avenue, El Monte, CA 91731-2815.
Jianyong Zheng (a/k/a Jiu Gao Zheng, Jiu An Zheng, Jian Yong Zheng,
Peter Zheng), 886 S. Golden West Avenue, Arcadia, CA 91007-6563.
Alice Bei Wang (a/k/a Alice B. Wang), 886 S. Golden West Avenue,
Arcadia, CA 91007-6563.
Trendy Creations, Inc., 9851 Mason Avenue, Chatsworth, CA 91311.
The Inspired Bagger, 8444 Endicott Lane, Dallas, TX 75227.
House of Bags, 1125-8 Maple Alley, Los Angeles, CA 90015.
Ronett Trading, Inc. (d/b/a Ronett Wholesale & Import), 43 West 27th
Street, New York, NY 10001.
EZ Shine Group, Inc., 48 West 27th Street, New York, NY 10001.
Master of Handbags, 1153 Santee Street, Los Angeles, CA 90015.
Choicehandbag.com, Inc. (d/b/a Choice Handbags), 1100 S. Main Street,
Los Angeles, CA 90015.
Rasul Enterprises, LLC (d/b/a The Handbag Warehouse), 11536 Harry Hines
Blvd. Suite 205, Dallas, TX 75229.
(c) The Commission investigative attorney, party to this
investigation, is Erin D. E. Joffre, Esq., Office of Unfair Import
Investigations, U.S. International Trade Commission, 500 E Street, SW.,
Suite 401, Washington, DC 20436; and
(3) For the investigation so instituted, the Honorable Paul J.
Luckern, 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(d)-(e) and 210.13(a), such responses will be
considered by the Commission if received not later than 20 days after
the date of service by the Commission 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
[[Page 586]]
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: December 29, 2010.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 2010-33249 Filed 1-4-11; 8:45 am]
BILLING CODE 7020-02-P