In the Matter of Certain Foam Footwear; Notice of Commission Decision To Modify a Final Initial Determination and To Terminate the Investigation With a Finding of No Violation of Section 337, 45073-45074 [E8-17665]

Download as PDF mstockstill on PROD1PC66 with NOTICES Federal Register / Vol. 73, No. 149 / Friday, August 1, 2008 / Notices during calendar year 2007 (report quantity data in short tons and value data in U.S. dollars). If you are a trade/ business association, provide the information, on an aggregate basis, for the firms which are members of your association. (a) The quantity and value (landed, duty-paid but not including antidumping duties) of U.S. imports and, if known, an estimate of the percentage of total U.S. imports of Subject Merchandise from each Subject Country accounted for by your firm’s(s’) imports; (b) The quantity and value (f.o.b. U.S. port, including antidumping duties) of U.S. commercial shipments of Subject Merchandise imported from each Subject Country; and (c) The quantity and value (f.o.b. U.S. port, including antidumping duties) of U.S. internal consumption/company transfers of Subject Merchandise imported from each Subject Country. (9) If you are a producer, an exporter, or a trade/business association of producers or exporters of the Subject Merchandise in the Subject Country(ies), provide the following information on your firm’s(s’) operations on that product during calendar year 2007 (report quantity data in short tons and value data in U.S. dollars, landed and duty-paid at the U.S. port but not including antidumping duties). If you are a trade/business association, provide the information, on an aggregate basis, for the firms which are members of your association. (a) Production (quantity) and, if known, an estimate of the percentage of total production of Subject Merchandise in each Subject Country accounted for by your firm’s(s’) production; and (b) the quantity and value of your firm’s(s’) exports to the United States of Subject Merchandise and, if known, an estimate of the percentage of total exports to the United States of Subject Merchandise from each Subject Country accounted for by your firm’s(s’) exports. (10) Identify significant changes, if any, in the supply and demand conditions or business cycle for the Domestic Like Product that have occurred in the United States or in the market for the Subject Merchandise in each Subject Country after 2002, and significant changes, if any, that are likely to occur within a reasonably foreseeable time. Supply conditions to consider include technology; production methods; development efforts; ability to increase production (including the shift of production facilities used for other products and the use, cost, or availability of major inputs into production); and factors related to VerDate Aug<31>2005 19:39 Jul 31, 2008 Jkt 214001 the ability to shift supply among different national markets (including barriers to importation in foreign markets or changes in market demand abroad). Demand conditions to consider include end uses and applications; the existence and availability of substitute products; and the level of competition among the Domestic Like Product produced in the United States, Subject Merchandise produced in the Subject Country(ies), and such merchandise from other countries. (11) (OPTIONAL) A statement of whether you agree with the above definitions of the Domestic Like Product and Domestic Industry; if you disagree with either or both of these definitions, please explain why and provide alternative definitions. Authority: These reviews are being conducted under authority of title VII of the Tariff Act of 1930; this notice is published pursuant to section 207.61 of the Commission’s rules. Issued: July 21, 2008. By order of the Commission. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E8–17179 Filed 7–31–08; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–567] In the Matter of Certain Foam Footwear; Notice of Commission Decision To Modify a Final Initial Determination and To Terminate the Investigation With a Finding of No Violation of Section 337 U.S. International Trade Commission. ACTION: Notice. AGENCY: SUMMARY: Notice is hereby given that the U.S. International Trade Commission has determined to modify a final initial determination (‘‘ID’’) of the presiding administrative law judge (‘‘ALJ’’). The Commission has determined that there is no violation of section 337 in the above-captioned investigation. FOR FURTHER INFORMATION CONTACT: Clint Gerdine, Esq., Office of the General Counsel, U.S. International Trade Commission, 500 E Street, SW., Washington, DC 20436, telephone (202) 708–2310. 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. PO 00000 Frm 00117 Fmt 4703 Sfmt 4703 45073 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’s TDD terminal on (202) 205–1810. SUPPLEMENTARY INFORMATION: The Commission instituted this investigation on May 11, 2006, based on a complaint, as amended, filed by Crocs, Inc. (‘‘Crocs’’) of Niwot, Colorado. 71 FR 27514 (2006). The amended complaint alleges 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, and the sale within the United States after importation of certain foam footwear, by reason of infringement of claims 1–2 of U.S. Patent No. 6,993,858 (‘‘the ‘858 patent’’); U.S. Patent No. D517,789 (‘‘the ‘789 patent’’); and the Crocs trade dress (the image and overall appearance of Crocs-brand footwear). The complaint further alleges that an industry in the United States exists as required by subsection (a)(2) of section 337. The complaint requests that the Commission issue a permanent general exclusion order and permanent cease and desist orders. The complaint identifies 11 respondents that include: (1) Collective Licensing International, LLC (‘‘Collective’’) of Englewood, Colorado; (2) Double Diamond Distribution Ltd. (‘‘Double Diamond’’) of Saskatoon, Saskatchewan; (3) Effervescent Inc. (‘‘Effervescent’’) of Fitchburg, Massachusetts; (4) Gen-X Sports, Inc. (‘‘Gen-X Sports’’) of Toronto, Ontario; (5) Holey Soles Holding Ltd. (‘‘Holey Soles’’) of Vancouver, British Columbia; (6) Australia Unlimited, Inc. of Seattle, Washington; (7) Cheng’s Enterprises Inc. of Carlstadt, New Jersey; (8) D. Myers & Sons, Inc. of Baltimore, Maryland; (9) Inter-Pacific Trading Corp. of Los Angeles, California; (10) Pali Hawaii of Honolulu, Hawaii; and (11) Shaka Shoes of Kaliua-Kona, Hawaii. The Commission terminated the investigation as to the trade dress allegation on September 11, 2006. A twelfth respondent, Old Dominion Footwear, Inc. of Madison Heights, Virginia, was added to the investigation on October 10, 2006. All but five respondents have been terminated from the investigation on the basis of a E:\FR\FM\01AUN1.SGM 01AUN1 45074 Federal Register / Vol. 73, No. 149 / Friday, August 1, 2008 / Notices consent order, settlement agreement, or undisputed Commission determination of non-infringement. The five remaining respondents are: (1) Collective; (2) Double Diamond; (3) Effervescent; (4) Gen-X Sports; and (5) Holey Soles. On April 11, 2008, the ALJ issued his final ID finding no violation of section 337 by the remaining respondents. The Commission extended the deadline for determining whether to review the final ID until June 18, 2008. On June 18, 2008, the Commission determined to review-in-part the final ID. Particularly, the Commission determined to review: (1) The ALJ’s findings concerning non-infringement of the ‘789 patent by the respondents’ products and lack of satisfaction of the technical prong of the domestic industry requirement by Crocs’ footwear; and (2) the ALJ’s finding of invalidity with respect to the ‘858 patent. Having reviewed the record in this investigation, including the final ID and the parties’ briefing, the Commission has determined to modify and clarify parts of the final ID concerning noninfringement and lack of satisfaction of the technical prong of the domestic industry requirement relating to the ‘789 patent and invalidity of the ‘858 patent. The Commission affirms the final ID with the modifications and clarifications set forth in its separately issued Opinion, and terminates the investigation with a finding of no violation of section 337. 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 section 210.45 of the Commission’s Rules of Practice and Procedure, 19 CFR 210.45. Issued: July 25, 2008. By order of the Commission. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E8–17665 Filed 7–31–08; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION mstockstill on PROD1PC66 with NOTICES [Investigation No. 337–TA–611] In the Matter of Certain Magnifying Loupe Products and Components Thereof; Notice of Commission Issuance of a Limited Exclusion Order Against the Infringing Products of Respondent Found in Default; Termination of Investigation U.S. International Trade Commission. ACTION: Notice. AGENCY: VerDate Aug<31>2005 19:39 Jul 31, 2008 Jkt 214001 SUMMARY: Notice is hereby given that the U.S. International Trade Commission has issued a limited exclusion order against the infringing products of a respondent found in default, and has terminated the abovecaptioned investigation. FOR FURTHER INFORMATION CONTACT: Jonathan J. Engler, Office of the General Counsel, U.S. International Trade Commission, 500 E Street, SW., Washington, DC 20436, telephone (202) 205–3112. 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 (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’s TDD terminal on (202) 205–1810. SUPPLEMENTARY INFORMATION: This investigation was initiated on August 1, 2007, based on a complaint filed by General Scientific Corporation (‘‘GSC’’) of Ann Arbor, Michigan. 72 FR 42111 (Aug. 1, 2007). The complaint alleges violations of section 337 of the Tariff Act of 1930 (19 U.S.C. 1337), as amended, in the importation into the United States, the sale for importation, and the sale within the United States after importation of certain magnifying loupe products and components thereof by reason of infringement of claim 8 of U.S. Patent No. 5,446,507, claim 1 of U.S. Patent No. 6,513,929, or claims 1– 5 or 10 of U.S. Patent No. 6,704,141. The complaint further alleges that an industry in the United States exists as required by subsection (a)(2) of section 337. The complainant requested that the Commission issue an exclusion order and cease and desist orders. The complaint named SheerVision, Inc. (‘‘SheerVision’’), of Rolling Hills Estates, California, as well as Nanjing JinJiahe I/E Co. (‘‘Nanjing’’), of Jiangsu, China, as respondents. On January 28, 2008, GSC and respondent SheerVision jointly moved to terminate this investigation with respect to SheerVision based on a settlement agreement and a proposed consent order. On February 8, 2008, the ALJ issued an ID (Order No. 8) granting the motion to terminate. The PO 00000 Frm 00118 Fmt 4703 Sfmt 4703 Commission determined not to review the ID. On March 10, 2008, GSC filed a motion requesting an order directing respondent Nanjing to show cause why it should not be found in default for failure to respond to the complaint and Notice of Investigation. On March 21, 2008, the ALJ issued Order No. 9, which ordered Nanjing to show cause by April 4, 2008 why it should not be found in default. No response to Order No. 9 was filed. On April 25, 2008, the ALJ issued an ID, Order No. 10, finding Nanjing in default. The Commission determined not to review that ID. Because Nanjing was found to be in default, the Commission issued notice of its consideration of a default remedy, and requested briefing from interested parties on remedy, the public interest, and bonding on May 16, 2008. The Commission investigative attorney and GSC submitted briefing responsive to the Commission’s request on May 30 and May 29, 2008, respectively, and each proposed a limited exclusion order directed to Nanjing’s accused products, and recommended allowing entry under bond of 100 percent of entered value during the period of Presidential review. The Commission found that each of the statutory requirements of section 337(g)(1)(A)–(E), 19 U.S.C. 1337(g)(1)(A)–(E), has been met with respect to the defaulting respondents. Accordingly, pursuant to section 337(g)(1), 19 U.S.C. 1337(g)(1), and Commission rule 210.16(c), 19 CFR 210.16(c), the Commission presumed the facts alleged in the complaint to be true. The Commission has determined that the appropriate form of relief in this investigation is a limited exclusion order prohibiting the unlicensed entry of certain magnifying loupe products and components thereof, by reason of infringement of one or more of claim 8 of U.S. Patent No. 5,446,507, claim 1 of U.S. Patent No. 6,513,929, and claims 1– 5 and 10 of U.S. Patent No. 6,704,141 that are manufactured abroad by or on behalf of, or imported by or on behalf of, Nanjing JinJiahe I/E Co. of Jiangsu, China, or any of its affiliated companies, parents, subsidiaries, or other related business entities, or any of their successors or assigns. The Commission further determined that the public interest factors enumerated in section 337(g)(1), 19 U.S.C. 1337(g)(1), do not preclude issuance of the limited exclusion order. Finally, the Commission determined that the bond under the limited exclusion order during the Presidential review period shall be in the amount of 100 percent of E:\FR\FM\01AUN1.SGM 01AUN1

Agencies

INTERNATIONAL TRADE COMMISSION

[Federal Register Volume 73, Number 149 (Friday, August 1, 2008)]
[Notices]
[Pages 45073-45074]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-17665]


-----------------------------------------------------------------------

INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-567]


In the Matter of Certain Foam Footwear; Notice of Commission 
Decision To Modify a Final Initial Determination and To Terminate the 
Investigation With a Finding of No Violation of Section 337

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined to modify a final initial determination 
(``ID'') of the presiding administrative law judge (``ALJ''). The 
Commission has determined that there is no violation of section 337 in 
the above-captioned investigation.

FOR FURTHER INFORMATION CONTACT: Clint Gerdine, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street, 
SW., Washington, DC 20436, telephone (202) 708-2310. 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's TDD 
terminal on (202) 205-1810.

SUPPLEMENTARY INFORMATION: The Commission instituted this investigation 
on May 11, 2006, based on a complaint, as amended, filed by Crocs, Inc. 
(``Crocs'') of Niwot, Colorado. 71 FR 27514 (2006). The amended 
complaint alleges 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, and the sale within the United States after 
importation of certain foam footwear, by reason of infringement of 
claims 1-2 of U.S. Patent No. 6,993,858 (``the `858 patent''); U.S. 
Patent No. D517,789 (``the `789 patent''); and the Crocs trade dress 
(the image and overall appearance of Crocs-brand footwear). The 
complaint further alleges that an industry in the United States exists 
as required by subsection (a)(2) of section 337. The complaint requests 
that the Commission issue a permanent general exclusion order and 
permanent cease and desist orders. The complaint identifies 11 
respondents that include: (1) Collective Licensing International, LLC 
(``Collective'') of Englewood, Colorado; (2) Double Diamond 
Distribution Ltd. (``Double Diamond'') of Saskatoon, Saskatchewan; (3) 
Effervescent Inc. (``Effervescent'') of Fitchburg, Massachusetts; (4) 
Gen-X Sports, Inc. (``Gen-X Sports'') of Toronto, Ontario; (5) Holey 
Soles Holding Ltd. (``Holey Soles'') of Vancouver, British Columbia; 
(6) Australia Unlimited, Inc. of Seattle, Washington; (7) Cheng's 
Enterprises Inc. of Carlstadt, New Jersey; (8) D. Myers & Sons, Inc. of 
Baltimore, Maryland; (9) Inter-Pacific Trading Corp. of Los Angeles, 
California; (10) Pali Hawaii of Honolulu, Hawaii; and (11) Shaka Shoes 
of Kaliua-Kona, Hawaii. The Commission terminated the investigation as 
to the trade dress allegation on September 11, 2006. A twelfth 
respondent, Old Dominion Footwear, Inc. of Madison Heights, Virginia, 
was added to the investigation on October 10, 2006. All but five 
respondents have been terminated from the investigation on the basis of 
a

[[Page 45074]]

consent order, settlement agreement, or undisputed Commission 
determination of non-infringement. The five remaining respondents are: 
(1) Collective; (2) Double Diamond; (3) Effervescent; (4) Gen-X Sports; 
and (5) Holey Soles.
    On April 11, 2008, the ALJ issued his final ID finding no violation 
of section 337 by the remaining respondents. The Commission extended 
the deadline for determining whether to review the final ID until June 
18, 2008.
    On June 18, 2008, the Commission determined to review-in-part the 
final ID. Particularly, the Commission determined to review: (1) The 
ALJ's findings concerning non-infringement of the `789 patent by the 
respondents' products and lack of satisfaction of the technical prong 
of the domestic industry requirement by Crocs' footwear; and (2) the 
ALJ's finding of invalidity with respect to the `858 patent.
    Having reviewed the record in this investigation, including the 
final ID and the parties' briefing, the Commission has determined to 
modify and clarify parts of the final ID concerning non-infringement 
and lack of satisfaction of the technical prong of the domestic 
industry requirement relating to the `789 patent and invalidity of the 
`858 patent. The Commission affirms the final ID with the modifications 
and clarifications set forth in its separately issued Opinion, and 
terminates the investigation with a finding of no violation of section 
337.
    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 section 210.45 of the Commission's Rules of Practice and Procedure, 
19 CFR 210.45.

    Issued: July 25, 2008.

    By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E8-17665 Filed 7-31-08; 8:45 am]
BILLING CODE 7020-02-P

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.