Certain Casual Footwear and Packaging Thereof; Commission Determination Not To Review Two Initial Determinations To Add Certain New Respondents, To Partially Terminate the Investigation With Respect to Certain Other Respondents, and To Extend the Target Date, 66337-66338 [2021-25377]
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Federal Register / Vol. 86, No. 222 / Monday, November 22, 2021 / Notices
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–1270]
Certain Casual Footwear and
Packaging Thereof; Commission
Determination Not To Review Two
Initial Determinations To Add Certain
New Respondents, To Partially
Terminate the Investigation With
Respect to Certain Other Respondents,
and To Extend the Target Date
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
Notice is hereby given that
the U.S. International Trade
Commission (‘‘Commission’’) has
determined not to review two initial
determinations (‘‘ID’’) issued by the
presiding chief administrative law judge
(‘‘CALJ’’) to: (i) Amend the complaint
and notice of investigation to add
certain new respondents and partially
terminate the investigation with respect
to certain other respondents (Order No.
30); and (ii) extend the target date for
completion of this investigation to May
9, 2023 (Order No. 31).
FOR FURTHER INFORMATION CONTACT: Carl
P. Bretscher, Esq., Office of the General
Counsel, U.S. International Trade
Commission, 500 E Street SW,
Washington, DC 20436, telephone (202)
205–2382. Copies of non-confidential
documents filed in connection with this
investigation may be viewed on the
Commission’s electronic docket (EDIS)
at https://edis.usitc.gov. For help
accessing EDIS, please email
EDIS3Help@usitc.gov. General
information concerning the Commission
may also be obtained by accessing its
internet server at https://www.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 July 9, 2021, based on a complaint
filed by Crocs, Inc. of Broomfield,
Colorado (‘‘Crocs’’). 86 FR 36303–304
(July 9, 2021). The complaint, as
supplemented, alleges violations of
section 337 of the Tariff Act of 1930, as
amended, 19 U.S.C. 1337 (‘‘Section
337’’), in the importation into the
United States, sale for importation, or
sale in the United States after
importation of certain casual footwear
and packaging thereof by reason of
infringement of one of more of U.S.
Trademark Registration Nos. 3,836,415;
5,149,328; and 5,273,875. Id. The
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complaint further alleges that a
domestic industry exists. Id.
The Commission’s notice of
investigation named twenty-three
respondents: Hawkins Footwear, Sports,
Military & Dixie Store of Brunswick,
Georgia (‘‘Hawkins’’); Bijora, Inc. d/b/a
Akira of Chicago, Illinois (‘‘Akira’’);
Yoki Fashion International LLC of New
York, New York (‘‘Yoki’’); Dr. Leonard’s
Healthcare Corp. d/b/a Carol Wright of
Edison, New Jersey (‘‘Dr. Leonard’s’’);
Cape Robbin Inc. of Pomona, California
(‘‘Cape Robbin’’); SG Footwear Meser
Grp. Inc. a/k/a Goldberg & Co. of
Hackensack, New Jersey (‘‘SG
Footwear’’); Skechers USA, Inc. of
Manhattan Beach, California
(‘‘Skechers’’); Fujian Huayan Well
Import and Export Trade Co., Ltd. of
Fuzhou, Fujian Province, China
(‘‘Fujian’’); Fullbeauty Brands Inc. of
New York, New York (‘‘Fullbeauty’’);
Legend Footwear, Inc. d/b/a Wild Diva
of City of Industry, California (‘‘Wild
Diva’’); Crocsky of Austin, Texas
(‘‘Crocsky’’); Hobibear Shoes and
Clothes Ltd. of Brighton, Colorado
(‘‘Hobibear’’); Ink Tee of Los Angeles,
California (‘‘Ink Tee’’); Hobby Lobby
Stores, Inc. of Oklahoma City,
Oklahoma (‘‘Hobby Lobby’’); La Modish
Boutique of West Covina, California;
Loeffler Randall Inc. of New York, New
York (‘‘Loeffler Randall’’); Maxhouse
Rise Ltd. of Hong Kong (‘‘Maxhouse
Rise’’); PW Shoes, Inc. of Maspeth, New
York; Shoe-Nami Inc. of Gretna,
Louisiana; Star Bay Group Inc. of
Hackensack, New Jersey; Quanzhou
ZhengDe Network Corp. of Quanzhou,
Fujian Province, China; 718 Closeouts of
Brooklyn, New York; and Royal Deluxe
Accessories, LLC of New Providence,
New Jersey. The Office of Unfair Import
Investigations (‘‘OUII’’) was also named
as a party to this investigation.
On August 24, 2021, the Commission
partially terminated the investigation
with respect to Skechers based on a
settlement agreement between Crocs
and Skechers. Order No. 12 (Aug. 11,
2021), unreviewed by Comm’n Notice
(Aug. 24, 2021). The Commission has
also partially terminated the
investigation with respect to certain
respondents based on settlement
agreements, consent orders, and consent
order stipulations and issued the
consent orders accordingly. See Order
No. 16 (Aug. 26, 2021) (terminating SG
Footwear), Order No. 17 (Aug. 16, 2021)
(Cape Robbin), unreviewed by Comm’n
Notice (Sept. 24, 2021); Order No. 20
(Sept. 1, 2021) (Dr. Leonard’s),
unreviewed by Comm’n Notice (Sept.
29, 2021); Order No. 22 (Sept. 9, 2021)
(Fullbeauty), Order No. 23 (Wild Diva),
unreviewed by Comm’n Notice (Oct. 7,
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66337
2021); Order No. 24 (Sept. 17, 2021)
(Fujian), unreviewed by Comm’n Notice
(Oct. 7, 2021); Order No. 25 (Sept. 22,
2021) (Yoki), unreviewed by Comm’n
Notice (Oct. 7, 2021); Order No. 26
(Sept. 28, 2021) (Akira), unreviewed by
Comm’n Notice (Oct. 27, 2021); Order
No. 27 (Sept. 21, 2021) (Hawkins),
unreviewed by Comm’n Notice (Oct. 29,
2021).
On September 13, 2021, Crocs moved
to amend the complaint and notice of
investigation, based on information
obtained during discovery, to add
eleven new respondents: Huizhou
Xinshunzu Shoes Co., Ltd. (‘‘Huizhou’’);
Orley Shoe Corp (‘‘Orley’’); Dongguan
Eastar Footwear Enterprises Co., Ltd.
(‘‘Eastar Footwear’’); KGS Sourcing Ltd.
(‘‘KGS’’); Mould Industria de Matrizes
Ltda. d/b/a Boaonda (‘‘Boaonda’’);
Fujian Wanjiaxin Industrial Developing,
Inc. a/k/a Fujian Wanjiaxin Light
Industrial Developing, Inc. (‘‘Wanjiaxin
Industrial Developing’’); Walmart Inc.
(‘‘Walmart’’); Jinjiang Anao Footwear
Co., Ltd (‘‘Anao’’); Burlington Shoes,
Inc. (‘‘Burlington’’); Mamiye Brothers
Inc. (‘‘Mamiye’’); and Jinjiang LinQi
Shoes & Clothes Co., Ltd. (‘‘LinQi’’).
Crocs also moved to partially terminate
the investigation with respect to current
respondents Crocsky, Ink Tee, and
Hobibear Shoes, and to amend the
complaint to identify these three entities
as ‘‘unknown manufacturers.’’
On September 23, 2021, current
respondents Hobby Lobby, Loeffler
Randall, and Maxhouse Rise filed a
response opposing the addition of any
new respondents other than Walmart.
On the same date, proposed respondent
Eastar filed a response opposing the
addition of itself as a respondent.
Proposed respondent Walmart filed a
response stating it did not oppose being
named as a respondent, provided the
proposed schedule is extended three
months. OUII filed a response stating it
did not oppose adding Huizhou, Orly,
Eastar Footwear, KGS, Boaonda,
Wanjiaxin Industrial Developing, Anao,
and Walmart as proposed new
respondents, provided steps are taken to
minimize any potential prejudice. OUII
opposed adding Burlington, Mamiye
Brothers, and LinQi as respondents for
lack of good cause. OUII did not oppose
Crocs’ motion to partially terminate the
investigation with respect to Crocsky,
Ink Tee, and Hobibear.
On October 21, 2021, the presiding
CALJ issued the subject Order No. 30,
granting Crocs’ motion in part by adding
Huizhou, Orly, Eastar Footwear, KGS,
Boaonda, Anao, Wanjiaxin Industrial
Developing, and Walmart as
respondents, but denying Crocs’ motion
with respect to proposed respondents
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Federal Register / Vol. 86, No. 222 / Monday, November 22, 2021 / Notices
Burlington, Mamiye Brothers, and LinQi
for lack of good cause. Order No. 30
further grants Crocs’ motion to partially
terminate the investigation with respect
to Crocsky, Ink Tee, and Hobibear, but
denies its motion to amend the
complaint to identify these three entities
as ‘‘unknown manufacturers.’’ Order
No. 30 further states that a four-month
extension of the procedural schedule,
including the hearing schedule and
target date, is necessary to avoid
prejudicing the newly added
respondents.
On October 22, 2021, the presiding
CALJ issued the subject Order No. 31,
extending the target date by four months
to May 9, 2023. Order No. 31 also
reschedules the evidentiary hearing to
September 12–16, 2022, and the due
date for issuance of the final initial
determination on violation to January 9,
2023.
No party filed a petition for review of
the subject ID.
The Commission has determined not
to review Order No. 30 or Order No. 31.
Huizhou, Orly, Eastar Footwear, KGS,
Boaonda, Anao, Wanjiaxin Industrial
Developing, and Walmart are hereby
added as respondents, and the
investigation is partially terminated
with respect to Crocsky, Ink Tee, and
Hobibear. The target date is hereby
extended to May 9, 2023.
The Commission vote for this
determination took place on November
16, 2021.
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).
By order of the Commission.
Issued: November 17, 2021.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2021–25377 Filed 11–19–21; 8:45 am]
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INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–1268]
Certain Capacitive Touch Sensing
Systems, Capacitive Touch Sensing
Controllers, Microcontrollers With
Capacitive Touch Sensing
Functionality, and Components
Thereof; Commission Determination
Not To Review Two Initial
Determinations Terminating an
Investigation Based on Settlement
Agreements; Termination of
Investigation
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
Notice is hereby given that
the U.S. International Trade
Commission has determined not to
review two initial determinations
(‘‘IDs’’) (Order Nos. 13 and 14) of the
presiding administrative law judge
(‘‘ALJ’’) granting a joint motion to
terminate the investigation based on two
settlement agreements. The
investigation is terminated.
FOR FURTHER INFORMATION CONTACT:
Lynde Herzbach, Office of the General
Counsel, U.S. International Trade
Commission, 500 E Street SW,
Washington, DC 20436, telephone (202)
205–3228. Copies of non-confidential
documents filed in connection with this
investigation may be viewed on the
Commission’s electronic docket (EDIS)
at https://edis.usitc.gov. For help
accessing EDIS, please email
EDIS3Help@usitc.gov. General
information concerning the Commission
may also be obtained by accessing its
internet server at https://www.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: On June
29, 2021, the Commission instituted this
investigation under section 337 of the
Tariff Act of 1930, as amended, 19
U.S.C. 1337 (‘‘section 337’’) based on a
complaint filed by Neodron Ltd. of
Dublin, Ireland (‘‘Neodron’’). See 86 FR
34277–78. The complaint alleges a
violation of section 337 based upon the
importation into the United States, sale
for importation, or sale after importation
into the United States of certain
capacitive touch sensing systems,
capacitive touch sensing controllers,
and microcontrollers with capacitive
touch sensing functionality, and
components thereof by reason of
infringement of certain claims of U.S.
SUMMARY:
PO 00000
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Fmt 4703
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Patent Nos. 8,432,173; 8,749,251;
9,372,580; and 9,024,790. Id. The
complaint further alleges that a
domestic industry exists. Id. The notice
of investigation names seven
respondents, including Renesas
Electronics Corporation of Tokyo, Japan
and Renesas Electronics America Inc. of
Milpitas, California (collectively,
‘‘Renesas Respondents’’); Renesas
Technology America, Inc. of Milpitas,
California; Cypress Semiconductor
Corp. of San Jose, California
(‘‘Cypress’’); ST Microelectronics N.V.,
STMicroelectronics, Inc., and
STMicroelectronics (North America)
Holding, Inc. all of Geneva, Switzerland
(collectively, ‘‘ST’’). See id. The Office
of Unfair Import Investigations (‘‘OUII’’)
is also named as a party. Id.
Renesas Technology America, Inc.
was previously terminated from the
investigation based on partial
withdrawal of the complaint. Order No.
9 (Aug. 12, 2021), unreviewed by
Comm’n Notice (Sept. 9, 2021).
On October 15, 2021, Neodron and
the Renesas Respondents, Cypress, and
ST filed an unopposed joint motion to
terminate the investigation based on two
settlement agreements. On October 25,
2021, OUII filed a response in support
of the joint motion.
On October 27, 2021, the presiding
ALJ issued the two subject IDs granting
the joint motion to terminate the
investigation. See Order No. 13 (Oct. 27,
2021); Order No. 14 (Oct. 27, 2021). The
ALJ issued separate IDs to address the
parties’ limited service requests. The
subject IDs find that the joint motion
complies with Commission Rule
210.21(b)(1) (19 CFR 210.21(b)) and that
there are no extraordinary
circumstances that would warrant
denying the motion. The IDs also find
that termination of the investigation
based on settlement would not be
contrary to the public interest.
No party petitioned for review of the
subject IDs.
The Commission has determined not
to review the subject IDs (Order Nos. 13
and 14). The investigation is terminated.
The Commission vote for this
determination took place on November
16, 2021.
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).
By order of the Commission.
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[Federal Register Volume 86, Number 222 (Monday, November 22, 2021)]
[Notices]
[Pages 66337-66338]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-25377]
[[Page 66337]]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1270]
Certain Casual Footwear and Packaging Thereof; Commission
Determination Not To Review Two Initial Determinations To Add Certain
New Respondents, To Partially Terminate the Investigation With Respect
to Certain Other Respondents, and To Extend the Target Date
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that the U.S. International Trade
Commission (``Commission'') has determined not to review two initial
determinations (``ID'') issued by the presiding chief administrative
law judge (``CALJ'') to: (i) Amend the complaint and notice of
investigation to add certain new respondents and partially terminate
the investigation with respect to certain other respondents (Order No.
30); and (ii) extend the target date for completion of this
investigation to May 9, 2023 (Order No. 31).
FOR FURTHER INFORMATION CONTACT: Carl P. Bretscher, Esq., Office of the
General Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202) 205-2382. Copies of non-
confidential documents filed in connection with this investigation may
be viewed on the Commission's electronic docket (EDIS) at https://edis.usitc.gov. For help accessing EDIS, please email
[email protected]. General information concerning the Commission may
also be obtained by accessing its internet server at https://www.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 July 9, 2021, based on a complaint filed by Crocs, Inc. of
Broomfield, Colorado (``Crocs''). 86 FR 36303-304 (July 9, 2021). The
complaint, as supplemented, alleges violations of section 337 of the
Tariff Act of 1930, as amended, 19 U.S.C. 1337 (``Section 337''), in
the importation into the United States, sale for importation, or sale
in the United States after importation of certain casual footwear and
packaging thereof by reason of infringement of one of more of U.S.
Trademark Registration Nos. 3,836,415; 5,149,328; and 5,273,875. Id.
The complaint further alleges that a domestic industry exists. Id.
The Commission's notice of investigation named twenty-three
respondents: Hawkins Footwear, Sports, Military & Dixie Store of
Brunswick, Georgia (``Hawkins''); Bijora, Inc. d/b/a Akira of Chicago,
Illinois (``Akira''); Yoki Fashion International LLC of New York, New
York (``Yoki''); Dr. Leonard's Healthcare Corp. d/b/a Carol Wright of
Edison, New Jersey (``Dr. Leonard's''); Cape Robbin Inc. of Pomona,
California (``Cape Robbin''); SG Footwear Meser Grp. Inc. a/k/a
Goldberg & Co. of Hackensack, New Jersey (``SG Footwear''); Skechers
USA, Inc. of Manhattan Beach, California (``Skechers''); Fujian Huayan
Well Import and Export Trade Co., Ltd. of Fuzhou, Fujian Province,
China (``Fujian''); Fullbeauty Brands Inc. of New York, New York
(``Fullbeauty''); Legend Footwear, Inc. d/b/a Wild Diva of City of
Industry, California (``Wild Diva''); Crocsky of Austin, Texas
(``Crocsky''); Hobibear Shoes and Clothes Ltd. of Brighton, Colorado
(``Hobibear''); Ink Tee of Los Angeles, California (``Ink Tee''); Hobby
Lobby Stores, Inc. of Oklahoma City, Oklahoma (``Hobby Lobby''); La
Modish Boutique of West Covina, California; Loeffler Randall Inc. of
New York, New York (``Loeffler Randall''); Maxhouse Rise Ltd. of Hong
Kong (``Maxhouse Rise''); PW Shoes, Inc. of Maspeth, New York; Shoe-
Nami Inc. of Gretna, Louisiana; Star Bay Group Inc. of Hackensack, New
Jersey; Quanzhou ZhengDe Network Corp. of Quanzhou, Fujian Province,
China; 718 Closeouts of Brooklyn, New York; and Royal Deluxe
Accessories, LLC of New Providence, New Jersey. The Office of Unfair
Import Investigations (``OUII'') was also named as a party to this
investigation.
On August 24, 2021, the Commission partially terminated the
investigation with respect to Skechers based on a settlement agreement
between Crocs and Skechers. Order No. 12 (Aug. 11, 2021), unreviewed by
Comm'n Notice (Aug. 24, 2021). The Commission has also partially
terminated the investigation with respect to certain respondents based
on settlement agreements, consent orders, and consent order
stipulations and issued the consent orders accordingly. See Order No.
16 (Aug. 26, 2021) (terminating SG Footwear), Order No. 17 (Aug. 16,
2021) (Cape Robbin), unreviewed by Comm'n Notice (Sept. 24, 2021);
Order No. 20 (Sept. 1, 2021) (Dr. Leonard's), unreviewed by Comm'n
Notice (Sept. 29, 2021); Order No. 22 (Sept. 9, 2021) (Fullbeauty),
Order No. 23 (Wild Diva), unreviewed by Comm'n Notice (Oct. 7, 2021);
Order No. 24 (Sept. 17, 2021) (Fujian), unreviewed by Comm'n Notice
(Oct. 7, 2021); Order No. 25 (Sept. 22, 2021) (Yoki), unreviewed by
Comm'n Notice (Oct. 7, 2021); Order No. 26 (Sept. 28, 2021) (Akira),
unreviewed by Comm'n Notice (Oct. 27, 2021); Order No. 27 (Sept. 21,
2021) (Hawkins), unreviewed by Comm'n Notice (Oct. 29, 2021).
On September 13, 2021, Crocs moved to amend the complaint and
notice of investigation, based on information obtained during
discovery, to add eleven new respondents: Huizhou Xinshunzu Shoes Co.,
Ltd. (``Huizhou''); Orley Shoe Corp (``Orley''); Dongguan Eastar
Footwear Enterprises Co., Ltd. (``Eastar Footwear''); KGS Sourcing Ltd.
(``KGS''); Mould Industria de Matrizes Ltda. d/b/a Boaonda
(``Boaonda''); Fujian Wanjiaxin Industrial Developing, Inc. a/k/a
Fujian Wanjiaxin Light Industrial Developing, Inc. (``Wanjiaxin
Industrial Developing''); Walmart Inc. (``Walmart''); Jinjiang Anao
Footwear Co., Ltd (``Anao''); Burlington Shoes, Inc. (``Burlington'');
Mamiye Brothers Inc. (``Mamiye''); and Jinjiang LinQi Shoes & Clothes
Co., Ltd. (``LinQi''). Crocs also moved to partially terminate the
investigation with respect to current respondents Crocsky, Ink Tee, and
Hobibear Shoes, and to amend the complaint to identify these three
entities as ``unknown manufacturers.''
On September 23, 2021, current respondents Hobby Lobby, Loeffler
Randall, and Maxhouse Rise filed a response opposing the addition of
any new respondents other than Walmart. On the same date, proposed
respondent Eastar filed a response opposing the addition of itself as a
respondent. Proposed respondent Walmart filed a response stating it did
not oppose being named as a respondent, provided the proposed schedule
is extended three months. OUII filed a response stating it did not
oppose adding Huizhou, Orly, Eastar Footwear, KGS, Boaonda, Wanjiaxin
Industrial Developing, Anao, and Walmart as proposed new respondents,
provided steps are taken to minimize any potential prejudice. OUII
opposed adding Burlington, Mamiye Brothers, and LinQi as respondents
for lack of good cause. OUII did not oppose Crocs' motion to partially
terminate the investigation with respect to Crocsky, Ink Tee, and
Hobibear.
On October 21, 2021, the presiding CALJ issued the subject Order
No. 30, granting Crocs' motion in part by adding Huizhou, Orly, Eastar
Footwear, KGS, Boaonda, Anao, Wanjiaxin Industrial Developing, and
Walmart as respondents, but denying Crocs' motion with respect to
proposed respondents
[[Page 66338]]
Burlington, Mamiye Brothers, and LinQi for lack of good cause. Order
No. 30 further grants Crocs' motion to partially terminate the
investigation with respect to Crocsky, Ink Tee, and Hobibear, but
denies its motion to amend the complaint to identify these three
entities as ``unknown manufacturers.'' Order No. 30 further states that
a four-month extension of the procedural schedule, including the
hearing schedule and target date, is necessary to avoid prejudicing the
newly added respondents.
On October 22, 2021, the presiding CALJ issued the subject Order
No. 31, extending the target date by four months to May 9, 2023. Order
No. 31 also reschedules the evidentiary hearing to September 12-16,
2022, and the due date for issuance of the final initial determination
on violation to January 9, 2023.
No party filed a petition for review of the subject ID.
The Commission has determined not to review Order No. 30 or Order
No. 31. Huizhou, Orly, Eastar Footwear, KGS, Boaonda, Anao, Wanjiaxin
Industrial Developing, and Walmart are hereby added as respondents, and
the investigation is partially terminated with respect to Crocsky, Ink
Tee, and Hobibear. The target date is hereby extended to May 9, 2023.
The Commission vote for this determination took place on November
16, 2021.
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).
By order of the Commission.
Issued: November 17, 2021.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2021-25377 Filed 11-19-21; 8:45 am]
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