Justia Regulation Tracker

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[Federal Register: October 29, 2009 (Volume 74, Number 208)]
[Notices]               
[Page 55855-55856]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29oc09-98]                         

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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-660]

 
In the Matter of: Certain Active Comfort Footwear; Notice of 
Commission Determination To Terminate the Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined to terminate the investigation.

FOR FURTHER INFORMATION CONTACT: Mark B. Rees, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street, 
SW., Washington, DC 20436, telephone 202-

[[Page 55856]]

205-3116. Copies of the ID and all other nonconfidential 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. 
Hearing-impaired persons are advised that information on this matter 
can be obtained by contacting the Commission's TDD terminal on 202-205-
1810. General information concerning the Commission may also be 
obtained by accessing its Internet server (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.

SUPPLEMENTARY INFORMATION: The Commission instituted this investigation 
on November 25, 2008, based on the complaint of Masai Marketing & 
Trading AG of Romanshorn, Switzerland and Masai USA Corp. of Haley, 
Idaho (``Complainants''). 73 FR 73884 (Nov. 25, 2008). The complaint, 
as supplemented, alleges violations of section 337 of the Tariff Act of 
1930 (19 U.S.C. 1337) in the importation into the United States, the 
sale for importation, and the sale within the United States after 
importation of certain active comfort footwear that infringes certain 
claims of U.S. Patent No. 6,341,432. Complainants named as respondents 
RYN Korea Co., Ltd. of Seoul, Korea (``RYN''); Main d/b/a 
WalkingShoesPlus.com of Los Angeles, California (``WalkingShoesPlus''); 
and Feet First Inc. of Boca Raton, Florida (``Feet First''). The 
Tannery of Cambridge, Massachusetts and A Better Way to Health of West 
Melbourne, Florida were subsequently added as respondents in the 
investigation by an unreviewed initial determination (``ID'') (Order 
No. 4). 74 FR 11378 (Mar. 17, 2009).
    On May 21, 2009, the Commission determined not to review an ID 
(Order No. 6) finding WalkingShoesPlus and Feet First in default for 
failure to respond to the complaint and notice of investigation.
    On August 5, 2009, the Commission determined not to review an ID 
(Order No. 12) terminating the investigation based on a settlement 
agreement as to RYN and withdrawal of the complaint as to the remaining 
respondents. The Commission also requested briefing on remedy, bonding, 
and the public interest in connection with the defaulting respondents. 
74 FR 40843 (Aug. 13, 2009).
    Complainants and RYN filed a joint response to the Commission's 
request. The joint response states that Complainants do not believe 
that any remedy should be ordered against the defaulting parties and 
that Complainants therefore seek no relief against them. Complainants 
and RYN contend that the issuance of any remedy as to the defaulting 
parties would not be consistent with the spirit of the settlement 
agreement that resolved the dispute and led to the termination of the 
investigation. Complainants and RYN therefore submit that no remedy 
should be imposed on the defaulting parties, that there are no public 
interest concerns, and that a bond should not be imposed. The 
investigative attorney also filed a response to the Commission's 
request. She takes the position that, under the unique circumstances 
presented, no limited exclusion order or cease and desist order should 
issue against defaulting respondents.
    Based on consideration of the record, including the responses of 
the parties to the Commission's request for briefing, the fact that 
Complainants do not seek relief against the defaulting respondents, and 
the settlement agreement between the Complainants and RYN, the 
Commission has determined not to issue a remedy against the defaulting 
respondents and has terminated the investigation in its entirety.
    The authority for the Commission's determination is contained in 
section 337(g) of the Tariff Act of 1930, as amended (19 U.S.C. 
1337(g)), and in section 210.21 of the Commission's Rules of Practice 
and Procedure (19 CFR 210.21).

    By order of the Commission.

    Issued: October 26, 2009.
Marilyn R. Abbott,
Secretary to the Commission.
William R. Bishop,
Acting Secretary to the Commission.
[FR Doc. E9-26060 Filed 10-28-09; 8:45 am]