Certain Foam Footwear; Institution of an Advisory Opinion Proceeding, 72992 [2021-27800]

Download as PDF 72992 Federal Register / Vol. 86, No. 244 / Thursday, December 23, 2021 / Notices (Authority: 43 CFR 1784.4–2) INTERNATIONAL TRADE COMMISSION Dennis C. Teitzel, Prineville District Manager. [Investigation No. 337–TA–567 (Advisory Opinion Proceeding 3] [FR Doc. 2021–27881 Filed 12–22–21; 8:45 am] BILLING CODE 4310–33–P Certain Foam Footwear; Institution of an Advisory Opinion Proceeding DEPARTMENT OF THE INTERIOR National Park Service International Trade Commission. ACTION: Notice. [NPS–WASO–NPS32651; PPWOVPADU0, PPMPRLE1Y.Y00000] SUMMARY: AGENCY: El Portal Administrative Site; Acceptance of Concurrent Jurisdiction National Park Service, Interior. ACTION: Notice. AGENCY: On behalf of the United States, the National Park Service has accepted concurrent criminal legislative jurisdiction from the State of California over federally-owned lands administered by the National Park Service comprising the El Portal Administrative Site adjacent to Yosemite National Park. DATES: Concurrent criminal legislative jurisdiction with the El Portal Administrative Site became effective on March 22, 2021. The cession shall continue only so long as the lands are owned by the United States and used for the purposes for which jurisdiction is ceded or for 10 years, whichever period is less. FOR FURTHER INFORMATION CONTACT: Kevin Killian, Chief Ranger, Yosemite National Park; telephone: 209.372.0211; email: Kevin_Killian@nps.gov. SUPPLEMENTARY INFORMATION: On March 22, 2021, a Resolution of Cession of Concurrent Criminal Legislative Jurisdiction was recorded at the request of the State of California in the Mariposa County Recorder’s Office at 8:50 a.m. The Resolution certifies that the Commissioners for the California State Lands Commission met on February 23, 2021, and made a cession of concurrent criminal legislative jurisdiction to the United States over lands within the El Portal Administrative Site in Mariposa County pursuant to the authority conferred upon them by California Government Code Section 126. The National Park Service, on behalf of the United States, has accepted the cession of jurisdiction pursuant to 40 U.S.C. 3112. jspears on DSK121TN23PROD with NOTICES1 SUMMARY: Jennifer Flynn, Associate Director, Visitor and Resource Protection, National Park Service. [FR Doc. 2021–27859 Filed 12–22–21; 8:45 am] BILLING CODE 4312–52–P VerDate Sep<11>2014 20:50 Dec 22, 2021 Jkt 256001 Notice is hereby given that the U.S. International Trade Commission has determined to institute an advisory opinion proceeding in the above-captioned investigation. FOR FURTHER INFORMATION CONTACT: Clint 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 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, telephone (202) 205–1810. SUPPLEMENTARY INFORMATION: The Commission instituted the underlying investigation on May 11, 2006, based on a complaint, as amended, filed by Crocs, Inc. of Niwot, Colorado. 71 FR 27514– 15 (May 11, 2006). The complaint alleged, inter alia, 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’’) and U.S. Patent No. D517,789 (‘‘the ’789 patent’’). The notice of investigation named several respondents. On July 25, 2008, the Commission issued a final determination finding no violation of section 337 based on noninfringement and failure to satisfy the technical prong of the domestic industry requirement with respect to the ’789 patent and based on invalidity of the ’858 patent as obvious under 35 U.S.C. 103. 73 FR 45073–74 (Aug. 1, 2008). On July 15, 2011, after an appeal to the U.S. Court of Appeals for the Federal Circuit and subsequent remand vacating the Commission’s previous finding of no PO 00000 Frm 00076 Fmt 4703 Sfmt 9990 violation, the Commission found a violation of section 337 based on infringement of the asserted claims of the patents and issued, inter alia, a general exclusion order (‘‘GEO’’). 76 FR 43723–24 (July 21, 2011). On March 28, 2020, the ’789 patent expired, so the GEO is now only directed to articles that infringe one or more of claims 1 and 2 of the ’858 patent. On November 17, 2021, nonrespondent, Triple T Trading Ltd. (‘‘Triple T’’) of Marysville, Washington, petitioned for institution of an expedited advisory opinion proceeding to determine whether its fleece-lined shoes and shoes with plastic washers are covered by the GEO. On November 29, 2021, Crocs opposed Triple T’s petition for an expedited advisory opinion proceeding. On December 9, 2021, Triple T filed a motion for leave to respond to Crocs’ opposition. The Commission has determined to grant the motion. The Commission has determined that Triple T’s petition complies with the requirements for institution of an advisory opinion proceeding under Commission Rule 210.79 to determine whether its fleece-lined shoes and shoes with plastic washers fall within the scope of the GEO. Accordingly, the Commission has determined to institute an advisory opinion proceeding and refer it to the Office of the General Counsel. The parties will furnish the Office of the General Counsel with information as requested in the accompanying order, and the Commission will issue an advisory opinion within ninety (90) days of the date of publication of this notice in the Federal Register. The following entities are named as parties to the proceeding: (1) Triple T and (2) Crocs. The Commission vote for this determination took place on December 17, 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: December 17, 2021. Lisa Barton, Secretary to the Commission. [FR Doc. 2021–27800 Filed 12–22–21; 8:45 am] BILLING CODE 7020–02–P E:\FR\FM\23DEN1.SGM 23DEN1

Agencies

[Federal Register Volume 86, Number 244 (Thursday, December 23, 2021)]
[Notices]
[Page 72992]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-27800]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-567 (Advisory Opinion Proceeding 3]


Certain Foam Footwear; Institution of an Advisory Opinion 
Proceeding

AGENCY: International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined to institute an advisory opinion proceeding 
in the above-captioned investigation.

FOR FURTHER INFORMATION CONTACT: Clint 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 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, telephone (202) 205-1810.

SUPPLEMENTARY INFORMATION: The Commission instituted the underlying 
investigation on May 11, 2006, based on a complaint, as amended, filed 
by Crocs, Inc. of Niwot, Colorado. 71 FR 27514-15 (May 11, 2006). The 
complaint alleged, inter alia, 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'') and U.S. Patent No. D517,789 (``the '789 patent''). The 
notice of investigation named several respondents.
    On July 25, 2008, the Commission issued a final determination 
finding no violation of section 337 based on non-infringement and 
failure to satisfy the technical prong of the domestic industry 
requirement with respect to the '789 patent and based on invalidity of 
the '858 patent as obvious under 35 U.S.C. 103. 73 FR 45073-74 (Aug. 1, 
2008). On July 15, 2011, after an appeal to the U.S. Court of Appeals 
for the Federal Circuit and subsequent remand vacating the Commission's 
previous finding of no violation, the Commission found a violation of 
section 337 based on infringement of the asserted claims of the patents 
and issued, inter alia, a general exclusion order (``GEO''). 76 FR 
43723-24 (July 21, 2011). On March 28, 2020, the '789 patent expired, 
so the GEO is now only directed to articles that infringe one or more 
of claims 1 and 2 of the '858 patent.
    On November 17, 2021, non-respondent, Triple T Trading Ltd. 
(``Triple T'') of Marysville, Washington, petitioned for institution of 
an expedited advisory opinion proceeding to determine whether its 
fleece-lined shoes and shoes with plastic washers are covered by the 
GEO. On November 29, 2021, Crocs opposed Triple T's petition for an 
expedited advisory opinion proceeding. On December 9, 2021, Triple T 
filed a motion for leave to respond to Crocs' opposition. The 
Commission has determined to grant the motion.
    The Commission has determined that Triple T's petition complies 
with the requirements for institution of an advisory opinion proceeding 
under Commission Rule 210.79 to determine whether its fleece-lined 
shoes and shoes with plastic washers fall within the scope of the GEO. 
Accordingly, the Commission has determined to institute an advisory 
opinion proceeding and refer it to the Office of the General Counsel. 
The parties will furnish the Office of the General Counsel with 
information as requested in the accompanying order, and the Commission 
will issue an advisory opinion within ninety (90) days of the date of 
publication of this notice in the Federal Register. The following 
entities are named as parties to the proceeding: (1) Triple T and (2) 
Crocs.
    The Commission vote for this determination took place on December 
17, 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: December 17, 2021.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2021-27800 Filed 12-22-21; 8:45 am]
BILLING CODE 7020-02-P