UNITED, STATES INTERNATIONAL TRADE COMMISSION
`
`-' 5
`
`Washington, D.C.
`
`In the Matter of
`
`Inv. No. 337-TA-988 CERTAIN PUMPING BRAS
`
`__
`
`1 NOTICE OF INSTITUTION OF INVESTIGATION
`
`Institution of investigation pursuant to 19 U.S.C. § 1337
`
`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 February 5, 2016, under section 337 of the Tariff Act of 1930, as
`amended, 19 U.S.C. § 1337, on behalf of Simple Wishes, LLC of Sacramento, California. A
`supplement was filed on February 26, 2016. 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 pumping bras by reason of infringement
`of certain claims of U.S. Patent No. 8,323,070 (“the ’070 patent”) and U.S. Patent No. 8,192,247
`(“the ’247 patent”). The complaint further alleges that an industry in the United States exists as
`required by subsection (a)(2) of section 337.
`
`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, 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, S.W., Room 112, Washington,
`D.C. 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 intemet server at
`http://www.usitc.gov. The public record for this investigation may be viewed on the
`Commission's electronic docket (EDIS) at httpi://edis.usitc.gov. I
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`FOR FURTHER INFORMATION CONTACT: The Office of Unfair Import Investigations,
`U.S. International Trade Commission, telephone (202) 205-2560.
`*
`
`

`
`authority for institution of this investigation is contained in section 337 of
`AUTHORITY:
`the Tariff Act of 1930',‘ as amended, and in section 210.10 of the Commission’s Rules of Practice
`1;_ and Procedure, 19 C:._F.R. § 210.10 (2015).
`
`SCOPE OF INVESTIGATION: Having considered the complaint, the U.S. International
`__ Trade Commission, on March 8, 2016, ORDERED THAT —
`
`I
`
`(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 pumping bras by reason of infringement of one or
`more of claims 10, 12, 14-16, and 27-37 of the ’070 patent and claims 1-3, 5-7, 9 and 19 of the
`’247 patent, and whether an industry in the United States exists as required by subsection (a)(2)
`of section 337;
`_
`-
`'
`
`Z
`
`(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 complainant is:
`
`Simple Wishes, LLC
`1172 National Drive, Suite 90
`Sacramento, CA 95834
`
`(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:
`
`TANZKY
`
`Longhua'Renming Road
`Longhua Jiedao Baohua Road
`173HAO Chaohuilou 5-
`
`501(Am_Tang) Luohugu
`China
`
`BabyPreg
`Shenzhen Yayi Technology Limited
`Room 501 Building 10 Fuxuan New Village
`Dalang Street Office Longhua, BAOAN
`Shenzhen Guangdong 518000
`China
`
`Deal Perfect
`
`Huanancheng lhaojiaoyi guangchang 51ou
`wanshang
`V
`'
`‘
`Chuangyeyuan, Shenzhen, Guangdong
`' China
`
`

`
`—
`Buywish
`121 Longpan_Road XuanWuQu
`Nanjing Jiangsu 210009
`China
`'
`'
`
`(c) The Office bf Unfair Import Investigations, U.S. International Trade
`Commission, 500 E Street, S.W._,-Suite 401, Washington, D.C. 20436; and
`
`(3) 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 C.F.R. § 210.13. Pursuant to 19 C.F.R. §§ 201.16(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 allegationin 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 finaldetermination
`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: March 9, 2016
`
`Q”???
`
`_
`Lisa R. Barton
`Secretary to the Commission
`
`

`
`UNITED STATES INTERNATIONAL TRADE COMMISSION
`
`Washington, D.C.
`
`In the Matter of
`
`Inv. No. 337-TA—988
`
`
`
`CERTAIN PUMPING BRAS
`
`
`
`DESIGNATION OF OUII ATTORNEY
`
`FOR SERVICE OF PROCESS
`
`The Office of Unfair Import Investigations (“OUII”) hereby designates Monisha Deka
`
`(202)205-3180, Monisha.Deka@usitc.gov, as OUII's lead attorney for service of process;
`
`It is
`
`requested that all documents served by the Commission or filed. by the parties in the
`
`above-referenced investigation be served upon this attorney.
`
`Respectfully submitted,
`
`l 1153 444:7)
`
`Mar are Mac’d6nald,
`
`"rector
`
`I
`
`OFFICE OF UNFAIR IMPORT INVESTIGATIONS
`
`U.S. International Trade Commission
`
`500 E Street, S.W., Suite 401
`Washington, D.C. 20436
`(202) 205-2576
`(202) 205-2158 (facsimile)
`
`March 9, 2016
`
`

`
`CERTAIN PUMPING BRAS .
`
`.
`
`.2.
`
`"'1 . IIlV.' N0.
`
`1'. PUBLIC CERTIFICATE OF SERVICE
`
`1, Lisa R. Barton, herehy certify that the attached NOTICE OF INSTITUTION OF
`INVESTIGATION has been served by hand upon the Commission Investigative Attorney,
`Monisha Deka, Esq., and the following parties as indicated, on March 9, 2016. '
`
`Lisa R.'Barton, Secretary
`U.S. International Trade Commission
`500 E Street, SW, Room 112
`
`Washington, DC 20436
`
`|:l Via Hand Delivery
`
`|Z| Via Express Delivery *
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`Via Express Delivery
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`
`Complainant:
`
`Simple Wisl'1es','.LLC
`1172 National Drive, Suite 90
`Sacramento, CA 95834
`
`On Behalf of Complainant:
`
`Jennifer Seraphine, Esq.
`TURNER BOYD LLP
`702 Marshall St., Suite 640
`Redwood City, CA 94063
`
`Respondents:
`
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`
`TANZKY '
`
`Longhua Renming Road
`Longhua Jiedao Baohua Road
`173HAO Chaohuilou 5-501
`
`(Am_Tang) Luohugu
`China
`
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`‘ BabyPre'g
`Shenzhen Yayi Technology Limited
`Room 501 Building 10 Fuxuan New Village
`Dalang Street Office Longhua, BAOAN
`Shenzhen Guangdong 518000
`. China
`
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`
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`
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`
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`.0 Inv:.j.No.337-TA-988
`
`Certificate of‘Service — Page 2
`
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`Deal Perfect
`Huanancheng lhaojiaoyi guangchang 5lou
`Wanshang Chuangyeyuan
`Shenzhen, Guangdong
`China
`-
`
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`-
`_
`Buywish
`121 _I_J0T1gPan Road X11311 WUQ11
`Namlng J1ang$‘_1 210009
`China
`
`Embassy:
`
`-
`
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`
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`
`Embassy of The People’s Republic of China
`3505 International Place, _NW
`Commercial Consulate Office
`Washington, DC 20008
`
`_
`
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`
`Government Agencies:
`
`"I:
`
`Edward T. Hand, Chief
`F0T§igT1 C0fT1f11_eTCe Section
`3n§1t;1StD1V1S1°n ii
`_
`.
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`epartment o
`ustice
`450 5”‘ Street NW, Room 11000
`Washington, DC 20530
`
`Intellectual Property Rights Branch
`Regulations and Rulings
`r
`Office of International Trade
`U.S. Customs and Border Protection
`90 K Street, NE, 10th Floor
`Washington, DC 20229-1177
`
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`Elizabeth Kraus, Deputy Director
`International Antitrust, Office of International Affairs
`' Federal Trade Commission
`- 600 Pennsylvania Avenue, Room 498 -
`Washington, DC 20580
`
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`
`
`
`UNITED STATES INTERNATIONAL TRADE COMMISSION
`
`WASHINGTON, DC 20436
`
`March 9, 2016
`
`Simple Wishes, LLC
`1172 National Drive, Suite 90
`
`Sacramento, CA 95834
`
`Re:
`
`Certain Pumping Bras
`Inv. No. 337-TA-988
`
`Dear Sir/Madam:
`
`This letter is to advise you that the U.S. International Trade Commission has instituted an
`investigation pursuant to section 337 of the Tariff Act of 1930 (19 U.S.C. 1337). A copy
`of the Commission's notice of investigation is enclosed. Also enclosed is the section 337
`Mediation Program brochure. After reviewing the brochure,-please sign and return the
`enclosed certification of receipt.
`'
`
`Sincerely, I
`
`Lisa R. Barton
`
`Secretary
`
`Enclosures:
`1. Notice of Institution of Investigation
`2. Publication No. 4579 Regarding the section 337 Mediation Program ,
`3. Certification of Receipt and Reading/Discussion of Mediation Materials
`
`

`
`
`
`UNITED STATES INTERNATIONAL TRADE COMMISSION
`
`WASHINGTON, DC 20436
`
`March 9, 2016
`
`Jennifer Seraphine, Esq.
`Turner Boyd LLP
`702 Marshall St., Suite 640
`Redwood City, CA 94063
`
`Re:
`
`Certain Pumping Bras
`Inv. No. 337-TA-988
`
`Dear Ms. Seraphine:
`
`International Trade Commission has instituted an
`This letter is to advise you that the
`investigation pursuant to section 337 of the Tariff Act of 1930 ('19 U.S.C. 1337). A copy
`of the Commission's notice of investigation is enclosed. Also enclosed is the section 337
`Mediation Program brochure. After reviewing the brochure, please sign and return the
`enclosed certification of receipt.
`
`Sincerely,
`
`Lisa R: Barton
`Secretary
`
`Enclosures:
`1. Notice of Institution of Investigation
`2. Publication No. 4579 Regarding the section 337 Mediation Program
`3. Certification of Receipt and Reading/Discussion of Mediation Materials
`
`

`
`
`
`UNITED STATES INTERNATIONAL TRADE COMMISSION
`
`WASHINGTON, DC 20436
`
`March 9, 2016
`
`TANZKY
`
`Longhua Renming Road
`Longhua Jiedao Baohua Road
`l73I-IAO Chaohuilou 5-501
`
`(Am_Tang) Luohugu
`China
`
`' Re:
`
`Certain Pumping Bras
`Inv. No. 337-TA-988
`
`Dear Sir/Madam:
`
`\
`
`This letter is to advise you that the United States International Trade Commission has
`instituted an investigation pursuant to section 337 of the Tariff Act of 1930 (19 U.S.C.
`1337). TANZKY is a named respondent in this investigation.
`We are hereby serving you with a copy of the Complaint andithe Notice of Institution of
`Investigation issued in this matter. Enclosed is a copy of the Code of Federal Regulations.
`Also enclosed is a the section 337 Mediation Program brochure. After reviewing this
`brochure, please sign and return the enclosed certification of receipt.
`
`Please note that the Notice requires a response to the allegations in the Complaint and the
`response must be received not later than twenty (20) days after the date of service of the
`Complaint. Failure to file a response may result in inferences being drawn against your
`interests.
`
`Sincerely,
`
`Lisa R. Barton
`
`Secretary
`
`Enclosures:
`
`1. Complaint
`2. Notice of Institution of Investigation
`3. Code of Federal Regulations
`4. Publication No. 4579 Regarding the section 337 Mediation Program
`5. Certification of Receipt and Reading/Discussion of Mediation Materials
`
`

`
`
`
`UNITED STATES INTERNATIONAL TRADE COMMISSION
`
`WASHINGTON, DC 20436
`
`March 9, 2016
`
`BabyPreg
`Shenzhen Yayi Technology Limited
`Room 501 Building 10 Fuxuan New Village
`Dalang Street Office Longhua, BAOAN
`Shenzhen Guangdong 518000
`China
`
`Re:
`
`Certain Pumping Bras
`Inv. No. 337-TA-988
`
`Dear Sir/Madam;
`
`This letter is to advise you that the United States International Trade Commission has
`instituted an investigation pursuant to section 337 of the Tariff Act of 1930 (19 U.S.C.
`1337). BabyPreg is a named respondent in this investigation.
`‘
`We are hereby serving you with a copy of the Complaint and the Notice of Institution of
`Investigation issued in this matter. Enclosed is acopy of the.Code of Federal Regulations.
`Also enclosed is a the section 337 Mediation Program brochure. After reviewing this
`brochure, please sign and return the enclosed certification of receipt.
`Please note that the Notice requires a response to the allegations in the Complaint and the
`response must be received not later than twenty (20) days after the date of service of the
`Complaint. Failure to file a response may result in inferences being drawn against your
`interests.
`
`Sincerely,
`
`’Lisa-R.'Barton
`
`~
`
`-‘
`
`-’
`
`Secretary
`
`Enclosures:
`
`1. Complaint
`2. Notice of Institution of Investigation
`-
`3. Code of Federal Regulations
`4. Publication No. 4579 Regarding the section 337 Mediation Program
`5. Certification of Receipt and Reading/Discussion of Mediation Materials
`
`

`
`
`
`UNITED STATES INTERNATIONAL TRADE COMMISSION
`
`WASHINGTON, DC 20436
`
`March 9, 2016
`
`Deal Perfect
`Huanancheng lhaojiaoyi guangchang 5lou
`Wanshang Chuangyeyuan '
`Shenzhen, Guangdong
`China
`
`Re:
`
`Certain Pumping Bras
`Inv. No. 337-TA—988
`
`Dear Sir/Madam:
`
`‘ /
`
`This letter is to advise you that the United States International Trade Commission has
`instituted an investigation pursuant to section .337 of the Tariff Act of 1930 (19 U.S.C.
`1337). Deal Perfect is a named respondent in this investigation.
`We are hereby serving you with a copy of the Complaint and the Notice of Institution of
`Investigation issued in this matter. Enclosed is a copy of the Code of Federal Regulations.
`Also enclosed is a the section 337 Mediation Program brochure. After reviewing this
`brochure, please sign and return the enclosed certification of receipt.
`Please note that the Notice requires a response to the allegations in the Complaint and the
`response must be received not later than twenty (20) days after the date of service of the
`Complaint. Failure to file a response may result in inferences being drawn against your
`interests.
`
`Sincerely.-,
`
`. Lisa R: Barton
`Secretary
`
`.
`
`.
`
`.
`
`.
`
`.
`
`Enclosures:
`
`1. Complaint
`2. Notice of Institution of Investigation
`3. Code of Federal Regulations
`4. Publication No. 4579 Regarding the section 337 Mediation Program
`5. Certification of Receipt and Reading/Discussion of Mediation Materials
`
`

`
`
`
`UNITED STATES INTERNATIONAL TRADE COMMISSION
`
`WASHINGTON, DC 20436
`
`March 9, 2016
`
`Buywish
`l2l Longpan Road Xuan WuQu
`Nanjing Jiangsu 210009
`China
`
`Re:
`
`Certain Pumping Bras
`Inv. No. 337-TA-988
`
`l3ear Sir/Madam:
`
`This letter is to advise you that the United States International Trade Commission has
`instituted an investigation pursuant to section 337 of the Tariff Act of I930 (19 U.S.C.
`1337). Buywish is a named respondent in this investigation.
`
`We are hereby serving you with a copy of the Complaint and the Notice of Institution of
`Investigation issued in this matter. Enclosed is a copy of the Code of Federal Regulations.
`Also enclosed is a the section 337 Mediation Program brochure. After reviewing this
`brochure, please sign and return the enclosed certification of receipt.
`Please note that the Notice requires a response to the allegations in the Complaint and the
`response must be received not later than twenty (20) days after the date of service of the
`Complaint. Failure to file a response may result in inferences being drawn against your
`interests.
`
`Sincerely,
`
`Lis.aR§. Barton I
`
`._
`
`04
`
`Secretary
`
`Enclosures:
`
`1. Complaint
`2. Notice of Institution of Investigation
`3. Code of Federal Regulations
`4. Publication No. 4579 Regarding the section 337 Mediation Program
`5. Certification of Receipt and Reading/Discussion of Mediation Materials
`
`

`
`
`
`UNITED STATES INTERNATIONALTTRADE COMMISSION
`
`WASHINGTON, DC 20436
`
`March 9, 2016
`
`Embassy of The People’s Republic of China
`3 505 International Place, NW
`Commercial Consulate Office
`
`Washington, DC 20008
`
`Re:
`
`Certain Pumping Bras
`Inv. No. 337-TA-988
`
`Dear Sir/Madam:
`
`This letter is to advise you that the United States International Trade Commission has
`instituted an investigation pursuant to Section 337 of the Tariff Act of 1930 (19 U.S.C.
`1337). One or more of the parties named in the investigation is located in The People’s
`Republic of China.
`
`Pursuant to Commission Rule 210.1 1(a) (3), we are hereby serving you with a copy of
`the Complaint filed in this investigation together with a copy of the Commission’s Notice
`of Investigation.
`
`Sincerely,
`
`WW9
`
`Lisa R. Barton
`
`3
`
`.
`
`Secretary
`
`Enclosures:
`
`_
`
`1. Complaint
`2. Notice of -Investigation
`
`

`
`
`
`UNITED STATES INTERNATIONAL TRADE COMMISSION
`
`WASHINGTON, DC 20436
`
`March 9, 2016
`
`Edward T. Hand, Chief
`Foreign Commerce Section
`Antitrust Division
`
`U.S. Dept of Justice
`450 5th Street NW, Room 11000
`Washington, DC 20530
`
`Re:
`
`Certain Pumping Bras
`Inv. No. 337-TA-988 ‘
`
`Dear Mr. Hand:
`
`This letter is to advise you that the United States International Trade Commission has
`instituted an investigation pursuant to Section 337 of the Tariff Act of 1930 (19 U.S.C.
`1337). A copy of the Notice of Investigation is enclosed. Non-confidential copies of the
`Complaint and any supplements filed in the investigation will, be provided upon request.
`Requests should be directed to Sally Bromley, Case Manager to the Hon. David P. Shaw
`at (202) 708-4170.
`-
`
`If you have any questions concerning this investigation, please contact the Commission
`Investigative Attorney whose name and telephone number appear in the enclosed Notice.
`
`Sincerely,
`
`Lisa-iR.'l3iarton v is
`
`
`
`as
`
`Secretary
`
`Enclosure:
`
`1. Notice of Investigation
`
`

`
`
`
`UNITED STATES INTERNATIONAL TRADE COMMISSION
`
`WASHINGTON, DC 20436
`
`March 9, 2016
`
`Intellectual Property Rights Branch
`Regulations’ and Rulings
`Office of International Trade
`U.S. Customs and Border Protection
`90 K Street, NE, 10”‘ Floor
`Washington, DC 20229-1177
`
`Re:
`
`Certain Pumping Bras
`Inv. N0. 337-TA-988
`
`1
`
`Dear Sir/Madam:
`
`-
`
`’
`
`This letter is to advise you that the United States International Trade Commission has
`instituted an investigation pursuant to Section 337 of the Tariff Act of 1930 (19 U.S.C.
`1337). A copy of the Notice of Investigation is enclosed. Non-confidential copies of the
`Complaint and any supplements filed in the investigation will be provided upon request.
`Requests should be directed to Sally Bromley, Case Manager to the Hon. David P. Shaw
`at (202) 708-4170.
`*
`
`If you have any questions concerning this investigation, please contact the Commission
`Investigative Attorney whose name and telephone number appear in the enclosed Notice.
`
`Sincerely,
`
`' LisaR.'Bartonf '1
`
`A I
`
`Secretary
`
`Enclosure:
`
`1. Notice of Investigation
`
`

`
`
`
`UNITED STATES INTERNATIONAL TRADE COMMISSION
`
`WASHINGTON, DC 20436
`
`March 9, 2016
`
`Elizabeth Kraus, Deputy Director
`International Antitrust, Office of International Affairs
`Federal Trade Commission
`‘
`
`600 Pennsylvania Avenue, Room 498
`Washington, DC 20580
`
`Re:
`
`Certain Pumping Bras
`Inv. No. 337-TA-988
`
`Dear Ms. Kraus:
`
`This letter is to advise you that the United States International Trade Commission has
`instituted an investigation pursuant to Section 337 of the Tariff Act of 1930 (19 U.S.C.
`1337). A copy of the Notice of Investigation is enclosed. Non-confidential copies of the
`Complaint and any supplements filed in the investigation will be provided upon request.
`Requests should be directed to Sally Bromley, Case Manager to the Hon. David P. Shaw
`at (202) 708-4170.
`
`If you have any questions concerning this investigation, please contact the Commission
`Investigative Attorney whose name and telephone number appear in the enclosed Notice.
`
`Sincerely,
`
`"'i Lisa
`
`Barton."
`
`in
`
`Secretary
`
`Enclosure:
`
`1. Notice of Investigation
`
`

`
`
`
`UNITED STATES INTERNATIONAL TRADE COMMISSION
`
`WASHINGTON, DC 20436
`
`March 9, 2016
`
`Dale D. Berkley,‘ Ph.D., J.D.
`Office of General Counsel, PHD, NIH Branch
`National Institutes of Health
`31 Center Drive
`
`Bldg. 31, Rm. 47
`Bethesda, MD 20892
`
`_
`
`Re:
`
`Certain Pumping Bras
`Inv. No. 337-TA-988
`
`Dear Dr. Berkley:
`
`This letter is to advise you that the United States International Trade Commission has
`instituted an investigation pursuant to Section 337 of the Tariff Act of 1930 (19 U.S.C.
`1337). A copy of the Notice of Investigation is enclosed. Non-confidential copies of the
`Complaint and any supplements filed in the investigation will be provided upon request.
`Requests should be directed to Sally Bromley, Case Manager to the Hon. David P. Shaw
`at (202) 708-4170.
`-
`'
`
`If you have any questions concerning this investigation, please contact the Commission
`Investigative Attorney whose name and telephone number appear in the enclosed Notice.
`
`Sincerely,
`
`Lisa
`
`Barton
`
`Secretary
`
`Enclosure:
`
`1. Notice of Investigation