Certain Footwear Products; Notice of Request for Statements on the Public Interest, 73210-73211 [2015-29805]

Download as PDF mstockstill on DSK4VPTVN1PROD with NOTICES 73210 Federal Register / Vol. 80, No. 226 / Tuesday, November 24, 2015 / Notices the infringement of seventy-one claims of six United States patents. The notice of institution named twenty respondents. On January 23, 2015, the ALJ granted the complainants’ motion to amend the complaint and notice of investigation to add nine respondents. Order No. 20 at 3–4 (Jan. 23, 2015), not reviewed, Notice at 2 (Feb. 20, 2015). As a result of numerous unreviewed initial determinations terminating various respondents, only three respondents remain in the investigation: H&M Hennes & Mauritz AB of Stockholm, Sweden; H&M Hennes & Mauritz LP of New York, New York (collectively, ‘‘H&M’’); and Eroglu Giyin San Tic AS of Istanbul, Turkey (‘‘Eroglu’’). On October 1, 2015, the complainants moved to terminate H&M based upon a withdrawal of the complaint. See 19 CFR 210.21(a). The Commission investigative attorney (‘‘IA’’) supported the motion. On October 20, 2015, the ALJ granted the motion as an ID (Order No. 105). She found that the complainants complied with Commission Rule 210.21(a) and that good cause for withdrawal had been shown. Order No. 105 at 2. Also on October 1, 2015, the complainants moved to terminate Eroglu on the basis of a settlement. See 19 CFR 210.21(b). The IA supported the motion. The ALJ found that termination as to Eroglu was in the public interest, and granted the motion. Order No. 106 at 3; see 19 CFR 210.50(b)(2). One respondent was previously found to be in default. See Order No. 81 (Aug. 7, 2015), not reviewed, Notice (Sept. 1, 2015) (respondent Martelli Lavorazioni Tessili S.p.A. of Toscanella, Italy). On October 6, 2015, the complainants filed a contingent motion to terminate the investigation, explaining that they do not seek relief as to the defaulting respondent. The ALJ found the contingent motion to terminate to be moot in view of the issuance of Order Nos. 105 and 106 and in view of complainants’ decision not to seek relief against the defaulting respondent. Order No. 106 at 3. No petitions for review of the foregoing terminations (including as to the defaulting party) were filed. The Commission has determined not to review the IDs. The Commission notes that in granting termination as to Eroglu in Order No. 106, the ALJ observed the ‘‘unconventional state of the Agreements’’ demonstrating the settlement between the complainants and Eroglu. Order No. 106 at 2. That characterization is accurate, but the Commission finds that in view of the unique circumstances of this investigation, the ALJ’s determination to VerDate Sep<11>2014 17:20 Nov 23, 2015 Jkt 238001 terminate the investigation as to Eroglu was appropriate. However, previously in the investigation, the then-presiding ALJ disqualified complainants’ former counsel Dentons US LLP (‘‘Dentons’’) in a non-ID order. Order No. 43 (May 7, 2015). Subsequently, the ALJ granted (as an ID) Dentons’ motion to intervene regarding its disqualification, Order No. 82 (Aug. 7, 2013), but denied (as an order) Dentons’ motion for reconsideration of Order No. 43 as well as Dentons’ request for leave to seek interlocutory review before the Commission, Order No. 83 (Aug. 7, 2015); see 19 CFR 210.24 (interlocutory review by the Commission). The Commission determined not to review Order No. 82. Notice (Aug. 26, 2015). In response to the issuance of Order No. 106, which terminated the investigation before the ALJ, on October 27, 2015, Dentons filed a petition for Commission review of Order Nos. 43 and 83. See 19 CFR 210.24 (rulings by the ALJ ‘‘on motions may not be appealed to the Commission prior to the administrative law judge’s issuance of an initial determination’’). On November 9, 2015, former respondent the Gap opposed Dentons’ motion. Commission Rule 210.42 does not impose a deadline upon the Commission for ruling on Dentons’ petition for review, which arises from previously unreviewable orders in the investigation. The target date for completion of the investigation is September 26, 2016. The Commission has determined that Order Nos. 43 and 83 shall become the determination of the Commission on January 20, 2016, unless the Commission shall have ordered review of those orders or certain issues therein or by order has changed that date. 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). Issued: November 18, 2015. By order of the Commission. Lisa R. Barton, Secretary to the Commission. [FR Doc. 2015–29846 Filed 11–23–15; 8:45 am] BILLING CODE 7020–02–P PO 00000 INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–936] Certain Footwear Products; Notice of Request for Statements on the Public Interest U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that the presiding administrative law judge (‘‘ALJ’’) has issued a Final Initial Determination on Violation of Section 337 and Recommended Determination on Remedy and Bonding in the abovecaptioned investigation. The Commission is soliciting comments on public interest issues raised by the recommended relief should the Commission find a violation of section 337, as amended, 19 U.S.C. 1337. The ALJ recommended a general exclusion order directed to footwear products that infringe the asserted trademarks, and recommended cease and desist orders directed against those respondents found to infringe. This notice is soliciting public interest comments from the public only. Parties are to file public interest submissions pursuant to 19 CFR 210.50(a)(4). FOR FURTHER INFORMATION CONTACT: Clint A. Gerdine, 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: Section 337 of the Tariff Act of 1930 provides that if the Commission finds a violation it shall exclude the articles concerned from the United States: SUMMARY: unless, after considering the effect of such exclusion upon the public health and welfare, competition conditions in the United States economy, the production of Frm 00049 Fmt 4703 Sfmt 4703 E:\FR\FM\24NON1.SGM 24NON1 Federal Register / Vol. 80, No. 226 / Tuesday, November 24, 2015 / Notices mstockstill on DSK4VPTVN1PROD with NOTICES like or directly competitive articles in the United States consumers, it finds that such articles should not be excluded from entry. 19 U.S.C. 1337(d)(1). A similar provision applies to cease and desist orders. 19 U.S.C. 1337(f)(1). The Commission is interested in further development of the record on the public interest in its investigations. Accordingly, members of the public are invited to file submissions of no more than five (5) pages, inclusive of attachments, concerning the public interest in light of the administrative law judge’s Recommended Determination on Remedy and Bonding issued in this investigation on November 17, 2015. Comments should address whether issuance of an exclusion order and/or cease and desist orders in this investigation could affect the public health and welfare in the United States, competitive conditions in the United States economy, the production of like or directly competitive articles in the United States, or United States consumers. In particular, the Commission is interested in comments that: (i) Explain how the articles potentially subject to the recommended orders are used in the United States; (ii) identify any public health, safety, or welfare concerns in the United States relating to the recommended orders; (iii) indicate the extent to which like or directly competitive articles are produced in the United States or are otherwise available in the United States, with respect to the articles potentially subject to the recommended orders; (iv) indicate whether Complainant, Complainant’s licensees, and/or third party suppliers have the capacity to replace the volume of articles potentially subject to the recommended orders within a commercially reasonable time; and (v) explain how the recommended orders would impact consumers in the United States. Written submissions must be filed no later than by close of business on December 28, 2015. Persons filing written submissions must file the original document electronically on or before the deadlines stated above and submit 8 true paper copies to the Office of the Secretary by noon the next day pursuant to Commission rule 210.4(f), 19 CFR 210.4(f). Submissions should refer to the investigation number (‘‘Inv. No. 337– TA–936’’) in a prominent place on the cover page and/or the first page. (See Handbook for Electronic Filing Procedures, https://www.usitc.gov/ secretary/fed_reg_notices/rules/ handbook_on_electronic_filing.pdf). VerDate Sep<11>2014 17:20 Nov 23, 2015 Jkt 238001 Persons with questions regarding filing should contact the Secretary (202–205– 2000). Any person desiring to submit a document (or portion thereof) to the Commission in confidence must request confidential treatment unless the information has already been granted such treatment during the proceedings. All such requests should be directed to the Secretary of the Commission and must include a full statement of the reasons why the Commission should grant such treatment. See 19 CFR 201.6. Documents for which confidential treatment by the Commission is sought will be treated accordingly. A redacted non-confidential version of the document must also be filed simultaneously with any confidential filing. All non-confidential written submissions will be available for public inspection at the Office of the Secretary and on EDIS. This action is taken under authority of section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, and Part 210 of the Commission’s Rules of Practice and Procedure (19 CFR part 210). By order of the Commission. Issued: November 18, 2015. Lisa R. Barton, Secretary to the Commission. [FR Doc. 2015–29805 Filed 11–23–15; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–926] Certain Marine Sonar Imaging Systems, Products Containing the Same, and Components Thereof; Commission’s Final Determination Finding a Violation of Section 337; Issuance of Limited Exclusion Order and Cease and Desist Orders; Termination of the Investigation U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that the U.S. International Trade Commission has found a violation of section 337 in this investigation and has (1) issued a limited exclusion order prohibiting importation of infringing marine sonar imaging systems, products containing the same, and components thereof and (2) issued cease and desist orders directed to the domestic respondents. The investigation is terminated. FOR FURTHER INFORMATION CONTACT: Panyin A. Hughes, Office of the General SUMMARY: PO 00000 Frm 00050 Fmt 4703 Sfmt 4703 73211 Counsel, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, telephone 202– 205–3042. 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: The Commission instituted this investigation on August 21, 2014, based on a complaint filed by Johnson Outdoors lnc. of Racine, Wisconsin and Johnson Outdoors Marine Electronics, Inc. of Eufaula, Alabama (collectively, ‘‘Johnson Outdoors’’). 79 FR 49536 (Aug. 21, 2014). The 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 marine sonar imaging systems, products containing the same, and components thereof by reason of infringement of one or more of claims 1, 2, 17, 25, 26, 31, 32, 35, 36, 41–43, 53, and 56 of U.S. Patent No. 7,652,952 (‘‘the ’952 patent’’); claims 1, 5, 7, 8, 21, 22, 24, 25, 28, and 29 of U.S. Patent No. 7,710,825 (‘‘the ’825 patent’’); and claims 14, 18, 21–23, 25, and 33 of U.S. Patent No. 7,755,974 (‘‘the ’974 patent’’). Id. The notice of investigation named the following respondents: Garmin International, Inc.; Garmin North America, Inc.; Garmin USA, Inc. all of Olathe, Kansas; and Garmin Corporation of New Taipei City, Taiwan (collectively, ‘‘Garmin’’). Id. The Office of Unfair Import Investigations is not a party to the investigation. On January 30, 2015, the parties entered into a stipulation that the domestic industry requirement was met. The parties also agreed to a stipulation regarding importation of Garmin accused products. That same day, Johnson Outdoors filed two unopposed motions for summary determination: (1) That Garmin’s importation and sales satisfy the importation requirement and (2) that Johnson Outdoors satisfies the E:\FR\FM\24NON1.SGM 24NON1

Agencies

[Federal Register Volume 80, Number 226 (Tuesday, November 24, 2015)]
[Notices]
[Pages 73210-73211]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-29805]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-936]


Certain Footwear Products; Notice of Request for Statements on 
the Public Interest

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the presiding administrative law 
judge (``ALJ'') has issued a Final Initial Determination on Violation 
of Section 337 and Recommended Determination on Remedy and Bonding in 
the above-captioned investigation. The Commission is soliciting 
comments on public interest issues raised by the recommended relief 
should the Commission find a violation of section 337, as amended, 19 
U.S.C. 1337. The ALJ recommended a general exclusion order directed to 
footwear products that infringe the asserted trademarks, and 
recommended cease and desist orders directed against those respondents 
found to infringe. This notice is soliciting public interest comments 
from the public only. Parties are to file public interest submissions 
pursuant to 19 CFR 210.50(a)(4).

FOR FURTHER INFORMATION CONTACT: Clint A. Gerdine, 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: Section 337 of the Tariff Act of 1930 
provides that if the Commission finds a violation it shall exclude the 
articles concerned from the United States:

unless, after considering the effect of such exclusion upon the 
public health and welfare, competition conditions in the United 
States economy, the production of

[[Page 73211]]

like or directly competitive articles in the United States 
consumers, it finds that such articles should not be excluded from 
entry.

19 U.S.C. 1337(d)(1). A similar provision applies to cease and desist 
orders. 19 U.S.C. 1337(f)(1).
    The Commission is interested in further development of the record 
on the public interest in its investigations. Accordingly, members of 
the public are invited to file submissions of no more than five (5) 
pages, inclusive of attachments, concerning the public interest in 
light of the administrative law judge's Recommended Determination on 
Remedy and Bonding issued in this investigation on November 17, 2015. 
Comments should address whether issuance of an exclusion order and/or 
cease and desist orders in this investigation could affect the public 
health and welfare in the United States, competitive conditions in the 
United States economy, the production of like or directly competitive 
articles in the United States, or United States consumers.
    In particular, the Commission is interested in comments that:
    (i) Explain how the articles potentially subject to the recommended 
orders are used in the United States;
    (ii) identify any public health, safety, or welfare concerns in the 
United States relating to the recommended orders;
    (iii) indicate the extent to which like or directly competitive 
articles are produced in the United States or are otherwise available 
in the United States, with respect to the articles potentially subject 
to the recommended orders;
    (iv) indicate whether Complainant, Complainant's licensees, and/or 
third party suppliers have the capacity to replace the volume of 
articles potentially subject to the recommended orders within a 
commercially reasonable time; and
    (v) explain how the recommended orders would impact consumers in 
the United States.
    Written submissions must be filed no later than by close of 
business on December 28, 2015.
    Persons filing written submissions must file the original document 
electronically on or before the deadlines stated above and submit 8 
true paper copies to the Office of the Secretary by noon the next day 
pursuant to Commission rule 210.4(f), 19 CFR 210.4(f). Submissions 
should refer to the investigation number (``Inv. No. 337-TA-936'') in a 
prominent place on the cover page and/or the first page. (See Handbook 
for Electronic Filing Procedures, https://www.usitc.gov/secretary/fed_reg_notices/rules/handbook_on_electronic_filing.pdf). Persons with 
questions regarding filing should contact the Secretary (202-205-2000).
    Any person desiring to submit a document (or portion thereof) to 
the Commission in confidence must request confidential treatment unless 
the information has already been granted such treatment during the 
proceedings. All such requests should be directed to the Secretary of 
the Commission and must include a full statement of the reasons why the 
Commission should grant such treatment. See 19 CFR 201.6. Documents for 
which confidential treatment by the Commission is sought will be 
treated accordingly. A redacted non-confidential version of the 
document must also be filed simultaneously with any confidential 
filing. All non-confidential written submissions will be available for 
public inspection at the Office of the Secretary and on EDIS.
    This action is taken under authority of section 337 of the Tariff 
Act of 1930, as amended, 19 U.S.C. 1337, and Part 210 of the 
Commission's Rules of Practice and Procedure (19 CFR part 210).

    By order of the Commission.
    Issued: November 18, 2015.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2015-29805 Filed 11-23-15; 8:45 am]
BILLING CODE 7020-02-P
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