Certain Athletic Footwear; Institution of Investigation, 62920-62921 [2016-21971]

Download as PDF Lhorne on DSK30JT082PROD with NOTICES 62920 Federal Register / Vol. 81, No. 177 / Tuesday, September 13, 2016 / Notices Counsel, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, telephone (202) 205–3104. Copies of non-confidential documents filed in connection with this investigation are or will be 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., Washington, DC 20436, telephone (202) 205–2000. General information concerning the Commission may also be obtained by accessing its Internet server at https://www.usitc.gov. The public record for this investigation may be viewed on the Commission’s electronic docket (EDIS) at https:// edis.usitc.gov. Hearing-impaired persons are advised that information on this matter can be obtained by contacting the Commission TDD terminal on (202) 205–1810. SUPPLEMENTARY INFORMATION: The Commission instituted this investigation on August 16, 2016, based on a complaint filed by Cambria Company LLC (Cambria) of Belle Plaine, Minnesota. 81 FR 54600–1 (Aug. 16, 2016). The complaint alleged violations of section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), in the importation into the United States, the sale for importation, or the sale within the United States after importation of certain quartz slabs and portions thereof. The alleged violation of section 337 is based upon infringement of U.S. Patent No. D712,666; U.S. Patent No. D712,670; U.S. Patent No. D751,298; U.S. Patent No. D712,161; and U.S. Patent No. D737,058. The notice of investigation named as the respondents: Stylen Quaza LLC DBA Vicostone USA of Dallas, Texas; Vicostone Joint Stock Company of Vietnam; Building Plastics, Inc. of Memphis, Tennessee; Fasa Industrial Corporation, Ltd. of China; Foshan FASA Building Material Co., Ltd. of China; Solidtops LLC, of Oxford, Maryland; Dorado Soapstone LLC of Denver, Colorado; and Pental Granite and Marble Inc. (Pental) of Seattle, Washington. 81 FR 54601. The Office of Unfair Import Investigations was also named as a party. Id. On August 23, 2016, Cambria moved to terminate the investigation in its entirety based upon withdrawal of the complaint. On August 24, 2016, respondent Pental responded that it does not oppose the motion to terminate, but strongly denies the allegations against it set forth in Cambria’s complaint. On August 24, 2016, the Commission investigative attorney responded in support of the motion. VerDate Sep<11>2014 15:27 Sep 12, 2016 Jkt 238001 On August 25, 2016, the ALJ granted the motion as the subject ID (Order No. 2). The ALJ found that the motion complied with Commission Rules, and that extraordinary circumstances did not exist to prevent granting the motion. Id. at 3; see 19 CFR 210.21(a). No petitions for review of the ID were filed. The Commission has determined not to review the ID. 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 210). By order of the Commission. Issued: September 7, 2016. Lisa R. Barton, Secretary to the Commission. FOR FURTHER INFORMATION CONTACT: [FR Doc. 2016–21903 Filed 9–12–16; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Inv. No. 337–TA–1018] Certain Athletic Footwear; Institution of Investigation U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on August 10, 2016, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Reebok International Ltd. of Canton, Massachusetts and Reebok International Limited of England. Supplements were filed on August 12, 19, and 25, 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 athletic footwear by reason of infringement of certain claims of U.S. Patent No. 7,637,035 (‘‘the ’035 patent’’) and U.S. Patent No. 8,505,221 (‘‘the ’221 patent’’). 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 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 SUMMARY: PO 00000 Frm 00067 Fmt 4703 Sfmt 4703 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 https://www.usitc.gov. The public record for this investigation may be viewed on the Commission’s electronic docket (EDIS) at https://edis.usitc.gov. The Office of Docket Services, U.S. International Trade Commission, telephone (202) 205–1802. 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 (2015). SCOPE OF INVESTIGATION: Having considered the complaint, the U.S. International Trade Commission, on September 7, 2016, 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 athletic footwear by reason of infringement of one or more of claims 1, 2, 9–15, 18, 19, and 23–27 of the ’035 patent and claims 1, 5, 6, and 11–15 of the ’221 patent, 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: Reebok International Ltd., 1895 J.W. Foster Boulevard, Canton, MA 02021. Reebok International Limited, 11/12 Pall Mall, London SW1Y 5LU, England. (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: TRB Acquisitions LLC, 34 West 33rd Street, 5th Floor, New York, NY 10001. E:\FR\FM\13SEN1.SGM 13SEN1 Federal Register / Vol. 81, No. 177 / Tuesday, September 13, 2016 / Notices RBX Active 01 LLC, 34 West 33rd Street, 5th Floor, New York, NY 10001. RBX Direct LLC, 34 West 33rd Street, 5th Floor, New York, NY 10001. RBX.COM LLC, 34 West 33rd Street, 5th Floor, New York, NY 10001. Elite Performance Footwear, LLC, 10 West 33rd Street, Suite 804, New York, NY 10001. (3) For the investigation so instituted, the Chief Administrative Law Judge, U.S. International Trade Commission, shall designate the presiding Administrative Law Judge. The Office of Unfair Import Investigations will not participate as a party in this investigation. 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), 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 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: September 8, 2016. Lisa R. Barton, Secretary to the Commission. Lhorne on DSK30JT082PROD with NOTICES [FR Doc. 2016–21971 Filed 9–12–16; 8:45 am] BILLING CODE 7020–02–P VerDate Sep<11>2014 15:27 Sep 12, 2016 Jkt 238001 INTERNATIONAL TRADE COMMISSION [Investigation No. U.S.-Morocco FTA–103– 030] Probable Economic Effect of Certain Modifications to the U.S.-Morocco FTA Rules of Origin United States International Trade Commission. ACTION: Notice of institution of investigation and opportunity to provide written comments. AGENCY: Following receipt of a request on August 24, 2016, from the United States Trade Representative (USTR), the Commission instituted investigation No. 103–030, Probable Economic Effect of Certain Modifications to the U.S.Morocco FTA Rules of Origin, for the purpose of providing the advice required under § 104(1) of the United States-Morocco Free Trade Agreement Implementation Act. DATES: October 13, 2016: Deadline for filing written submissions. January 24, 2017: Transmittal of Commission report to USTR. ADDRESSES: All Commission offices, including the Commission’s hearing rooms, are located in the United States International Trade Commission Building, 500 E Street SW., Washington, DC. All written submissions should be addressed to the Secretary, United States International Trade Commission, 500 E Street SW., Washington, DC 20436. The public record for this investigation may be viewed on the Commission’s Electronic Document Information System (EDIS) at https:// edis.usitc.gov. SUMMARY: FOR FURTHER INFORMATION CONTACT: Project leader Mahnaz Khan (202–205– 2046 or mahnaz.khan@usitc.gov) or deputy project leader Heidi ColbyOizumi (202–205–3391 or heidi.colby@usitc.gov) for information specific to this investigation. For information on the legal aspects of this investigation, contact William Gearhart of the Commission’s Office of the General Counsel (202–205–3091 or william.gearhart@usitc.gov). The media should contact Margaret O’Laughlin, Office of External Relations (202–205– 1819 or margaret.olaughlin@usitc.gov). Hearing-impaired individuals may obtain information on this matter by contacting the Commission’s TDD terminal at 202–205–1810. General information concerning the Commission may also be obtained by accessing its Internet server (https://www.usitc.gov). Persons with mobility impairments who will need special assistance in gaining PO 00000 Frm 00068 Fmt 4703 Sfmt 4703 62921 access to the Commission should contact the Office of the Secretary at 202–205–2000. BACKGROUND: In his request letter, the USTR stated that U.S. negotiators have recently reached agreement in principle with representatives of the government of Morocco on certain proposed modifications to the textile and apparel goods rules of origin contained in the U.S.-Morocco Free Trade Agreement (U.S.-Morocco FTA). The USTR noted that § 203(j)(2)(B)(i) of the United StatesMorocco Free Trade Agreement Implementation Act (the Act) authorizes the President, subject to the consultation and layover requirements of § 104 of the Act, to proclaim such modifications to the rules of origin as are necessary to implement an agreement with Morocco pursuant to Annex 4.3 of the FTA. The USTR further stated that one of the requirements set out in § 104(1) is that the President obtain advice regarding the proposed action from the U.S. International Trade Commission. In his request letter, the USTR asked that the Commission provide advice on the probable economic effect of the proposed modifications on U.S. trade under the U.S.-Morocco FTA, total U.S. trade, and on domestic producers of the affected articles. The affected articles identified in the proposal are certain apparel goods, including dresses, skirts, blouses, tops, shirts, shirt-blouses, and pants. The request letter and the complete list of proposed modifications are available on the Commission’s Web site at https://www.usitc.gov/ research_and_analysis/ what_we_are_working_on.htm. As requested, the Commission will provide its advice to USTR by January 24, 2017. WRITTEN SUBMISSIONS: No public hearing is planned for this investigation. However, interested parties are invited to file written submissions concerning this investigation. All written submissions should be addressed to the Secretary, and all such submissions should be received not later than 5:15 p.m., October 13, 2016. All written submissions must conform with the provisions of § 201.8 of the Commission’s Rules of Practice and Procedure (19 CFR 201.8). Section 201.8 and the Commission’s Handbook on Filing Procedures require that interested parties file documents electronically on or before the filing deadline and submit eight (8) true paper copies by 12:00 p.m. eastern time on the next business day. In the event that confidential treatment of a document is requested, interested parties must file, at the same time as the eight paper copies, at least four (4) E:\FR\FM\13SEN1.SGM 13SEN1

Agencies

[Federal Register Volume 81, Number 177 (Tuesday, September 13, 2016)]
[Notices]
[Pages 62920-62921]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-21971]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-1018]


Certain Athletic Footwear; Institution of Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on August 10, 2016, under section 
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
Reebok International Ltd. of Canton, Massachusetts and Reebok 
International Limited of England. Supplements were filed on August 12, 
19, and 25, 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 athletic footwear by reason of infringement of 
certain claims of U.S. Patent No. 7,637,035 (``the '035 patent'') and 
U.S. Patent No. 8,505,221 (``the '221 patent''). 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 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 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 https://www.usitc.gov. The 
public record for this investigation may be viewed on the Commission's 
electronic docket (EDIS) at https://edis.usitc.gov.

FOR FURTHER INFORMATION CONTACT: The Office of Docket Services, U.S. 
International Trade Commission, telephone (202) 205-1802.

    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 (2015).

    SCOPE OF INVESTIGATION: Having considered the complaint, the U.S. 
International Trade Commission, on September 7, 2016, 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 athletic 
footwear by reason of infringement of one or more of claims 1, 2, 9-15, 
18, 19, and 23-27 of the '035 patent and claims 1, 5, 6, and 11-15 of 
the '221 patent, 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:
Reebok International Ltd., 1895 J.W. Foster Boulevard, Canton, MA 
02021.
Reebok International Limited, 11/12 Pall Mall, London SW1Y 5LU, 
England.
    (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:
TRB Acquisitions LLC, 34 West 33rd Street, 5th Floor, New York, NY 
10001.

[[Page 62921]]

RBX Active 01 LLC, 34 West 33rd Street, 5th Floor, New York, NY 10001.
RBX Direct LLC, 34 West 33rd Street, 5th Floor, New York, NY 10001.
RBX.COM LLC, 34 West 33rd Street, 5th Floor, New York, NY 10001.
Elite Performance Footwear, LLC, 10 West 33rd Street, Suite 804, New 
York, NY 10001.
    (3) For the investigation so instituted, the Chief Administrative 
Law Judge, U.S. International Trade Commission, shall designate the 
presiding Administrative Law Judge.
    The Office of Unfair Import Investigations will not participate as 
a party in this investigation.
    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), 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 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: September 8, 2016.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2016-21971 Filed 9-12-16; 8:45 am]
 BILLING CODE 7020-02-P
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