Regulation

Certain Pre-Stretched Synthetic Braiding Hair and Packaging Therefor; Notice of Commission Determination Not To Review an Initial Determination Terminating the Enforcement Proceeding Based on Withdrawal of the Enforcement Complaint; Termination of the Enforcement Proceeding

International Trade Commission

Source: Federal Register

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INTERNATIONAL TRADE COMMISSION [Investigation No. 337-TA-1415 (Enforcement)] Certain Pre-Stretched Synthetic Braiding Hair and Packaging Therefor; Notice of Commission Determination Not To Review an Initial Determination Terminating the Enforcement Proceeding Based on Withdrawal of the Enforcement Complaint; Termination of the Enforcement Proceeding AGENCY: U.S. International Trade Commission. ACTION: Notice. SUMMARY: Notice is hereby given that the U.S. International Trade Commission (“the Commission”) has determined not to review an initial determination (“ID”) (Order No. 53) issued by the presiding administrative law judge (“ALJ”) granting complainant JBS Hair, Inc.'s (“JBS Hair”) unopposed motion to terminate the enforcement proceeding against respondent Dae Do Inc. d/b/a Vivace (“Vivace”) based on withdrawal of the enforcement complaint. The enforcement proceeding is terminated. FOR FURTHER INFORMATION CONTACT: Houda Morad, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone (202) 708-4716. 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, telephone (202) 205-1810. SUPPLEMENTARY INFORMATION: On September 9, 2024, the Commission instituted this investigation based on a complaint filed by JBS Hair of Atlanta, Georgia. 89 FR 73123-24 (Sept. 9, 2024). The complaint, as supplemented, alleged violations of section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337 (“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 pre-stretched synthetic braiding hair and packaging therefor by reason of the infringement of certain claims of U.S. Patent Nos. 10,786,026; 10,945,478 (“the '478 patent”); and 10,980,301 (“the '301 patent”). Id. The complaint also alleged that a domestic industry exists. The notice of investigation, as amended, named numerous respondents, including Vivace. Id.; see also 91 FR 35267 (June 10, 2026). The Office of Unfair Import Investigations (“OUII”) was also named as a party in the investigation. Id. On February 24, 2025, the Commission found Vivace to be in default. Order No. 31 (Feb. 4, 2025), unreviewed by Comm'n Notice (Feb. 24, 2025). On September 29, 2025, the Commission issued a limited exclusion order and/or cease and desist orders (collectively, “the remedial orders”) against certain defaulting respondents, including Vivace, pursuant to section 337(g)(1), 19 U.S.C. 1337(g)(1). 90 FR 47821-23 (Oct. 2, 2025). On December 18, 2025, JBS Hair filed an enforcement complaint against Vivace requesting that the Commission institute an enforcement proceeding under Commission Rule 210.75 (19 CFR 210.75) to investigate alleged violations by Vivace of the Commission's remedial orders. On January 22, 2026, the Commission instituted an enforcement proceeding under Commission Rule 210.75 against Vivace. 91 FR 2799-800 (Jan. 22, 2026). On June 8, 2026, the Commission amended the complaint and notice of investigation to correct the name of Vivace from “Vivace, Inc. d/b/a Dae Do Inc.” to “Dae Do Inc. d/b/a Vivace.” See Order No. 51 (May 7, 2026), unreviewed by 91 FR 35267 (June 10, 2026). On June 9, 2026, JBS Hair filed an unopposed motion to terminate the enforcement proceeding pursuant to Commission Rule 210.21(a)(1) (19 CFR 210.21(a)(1)) based on withdrawal of the enforcement complaint against Vivace. On June 16, 2026, OUII filed a response in support of the motion. On June 18, 2026, the ALJ issued the subject ID (Order No. 53) granting the unopposed motion. The ID finds that “JBS Hair has complied with the requirements of Commission Rule 210.21(a).” ID at 1-2. In particular, the motion was filed before the issuance of the enforcement initial determination. Id. In addition, the motion states that “there are no agreements, written or oral, express or implied, between the parties concerning the subject matter of this investigation.” Id. at 1. Furthermore, the ID finds “no extraordinary circumstances exist that would prevent the requested termination.” Id. at 2. No petition for review of the subject ID was filed. The Commission has determined not to review the subject ID. The Commission's vote for this determination took place on July 8, 2026. 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: July 8, 2026. Lisa Barton, Secretary to the Commission. [FR Doc. 2026-13993 Filed 7-9-26; 8:45 am] BILLING CODE 7020-02-P

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