Certain Casual Footwear and Packaging Thereof; Notice of Final Determination of No Violation by Active Respondents; Issuance of Default Remedial Orders; Termination of Investigation, 64926-64928 [2023-20345]

Download as PDF 64926 Federal Register / Vol. 88, No. 181 / Wednesday, September 20, 2023 / Notices OREGON Authority: Section 60.13 of 36 CFR part 60. Multnomah County Sherry A. Frear, Chief, National Register of Historic Places/ National Historic Landmarks Program. Parker, J. J. and Hazel, House, 2911 NW Raleigh Street, Portland, SG100009462 PUERTO RICO [FR Doc. 2023–20379 Filed 9–19–23; 8:45 am] Cidra Municipality BILLING CODE 4312–52–P Teatro Iberia, 24 Jose de Diego, Cidra, SG100009465 SOUTH CAROLINA INTERNATIONAL TRADE COMMISSION Greenville County [Investigation No. 337–TA–1270] Borden Ice Cream Factory, 711 West Washington St., Greenville, SG100009444 TEXAS Aransas County Bracht House, 902 East Cornwall St., Rockport, SG100009445 U.S. International Trade Commission. ACTION: Notice. AGENCY: VERMONT Lamoille County Lake Elmore Historic District, VT12, between Westphal and Greaves Hill Rds., Elmore, SG100009447 VIRGINIA Norfolk Independent City De Paul Hospital Complex Historic District, 150 Kingsley Ln., Norfolk, SG100009429 Richmond Independent City Hermitage Road Warehouse Historic District (Boundary Increase), Hermitage Rd., 1700 blk. of Rhoadmiller St., Richmond (Independent City), BC100009430 WISCONSIN Dane County Madison Vocational School (Boundary Decrease), 211 North Carroll St., Madison, BC100009436 A request for removal has been made for the following resource(s): NORTH DAKOTA Grand Forks County Lyons Garage, (Downtown Grand Forks MRA), 214–218 N 4th St., Grand Forks, OT82001330 House at 1648 Riverside Drive, 1648 Riverside Dr., Grand Forks, OT94001074 VERMONT Bennington County lotter on DSK11XQN23PROD with NOTICES1 Johnny Seesaw’s Historic District, 3574 VT 11, Peru, OT08000686 Additional documentation has been received for the following resource(s): WISCONSIN Dane County Madison Vocational School (Additional Documentation), 211 North Carroll St., Madison, AD100003545 VerDate Sep<11>2014 Certain Casual Footwear and Packaging Thereof; Notice of Final Determination of No Violation by Active Respondents; Issuance of Default Remedial Orders; Termination of Investigation 17:13 Sep 19, 2023 Jkt 259001 Notice is hereby given that the U.S. International Trade Commission (‘‘Commission’’) has determined that there is no violation of section 337 of the Tariff Act of 1930, as amended, in this investigation by active respondents Hobby Lobby Stores, Inc. (‘‘Hobby Lobby’’), Quanzhou ZhengDe Network Corp. d/b/a Amoji (‘‘Amoji’’), and Orly Shoe Corp. (‘‘Orly’’). The Commission has further determined to issue a limited exclusion order (‘‘LEO’’) against defaulting respondents La Modish Boutique (‘‘La Modish’’), Star Bay Group Inc. (‘‘Star Bay’’), Huizhou Xinshunzu Shoes Co., Ltd. (‘‘Huizhou’’), and Jinjiang Anao Footwear Co., Ltd. (‘‘Anao’’) and cease and desist orders against defaulting respondents La Modish and Star Bay. This investigation is hereby terminated. 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, SUMMARY: PO 00000 Frm 00046 Fmt 4703 Sfmt 4703 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, false designation of origin, and dilution of one of more of U.S. Trademark Registration Nos. 5,149,328; 5,273,875 (collectively, the ‘‘3D Marks’’); and 3,836,415 (‘‘the Word Mark’’) (all collectively, ‘‘the Asserted Marks’’). Id. The complaint alleges that a domestic industry exists, and that the threat or effect of certain alleged violations is to destroy or substantially injure an industry in the United States. Id. The Commission’s notice of investigation named numerous respondents, including: Hobby Lobby of Oklahoma City, Oklahoma; Amoji of Quanzhou, Fujian Province, China; Skechers USA, Inc. of Manhattan Beach, California (‘‘Skechers’’); SG Footwear Meser Grp. Inc. a/k/a S. Goldberg & Co. of Hackensack, New Jersey (‘‘SG Footwear’’); Cape Robbin Inc. of Pomona, California (‘‘Cape Robbin’’); Dr. Leonard’s Healthcare Corp. d/b/a Carol Wright of Edison, New Jersey (‘‘Dr. Leonard’s’’); Fullbeauty Brands Inc. d/b/ a Kingsize of New York, New York (‘‘Fullbeauty’’); Legend Footwear, Inc. d/b/a/Wild Diva of City of Industry, California (‘‘Wild Diva’’); Fujian Huayuan Well Import and Export Trade Co., Ltd. of Fuzhou, Fujian Province, China (‘‘Fujian’’); Yoki Fashion International LLC of New York, New York (‘‘Yoki’’); Bijora, Inc. d/b/a Akira of Chicago, Illinois (‘‘Akira’’); Hawkins Footwear, Sports, Military & Dixie Store of Brunswick, Georgia (‘‘Hawkins’’); Shoe-Nami Inc. of Gretna, Louisiana (‘‘Shoe-Nami’’); PW Shoes, Inc. a/k/a P&W of Maspeth, New York (‘‘PW’’); 718Closeouts of Brooklyn, New York (‘‘718Closeouts’’); Crocsky of Austin, Texas (‘‘Crocsky’’); Hobibear Shoes and Clothing Ltd. of Brighton, Colorado (‘‘Hobibear’’); Ink Tee of Los Angeles, California (‘‘Ink Tee’’); Maxhouse Rise Ltd. of Hong Kong, China (‘‘Maxhouse’’); La Modish of West Covina, California; Loeffler Randall Inc. of New York, New York (‘‘Loeffler Randall’’); Star Bay of Hackensack, New Jersey; and Royal Deluxe Accessories, LLC of New Providence, New Jersey (‘‘Royal Deluxe’’). The Office of Unfair Import Investigations (‘‘OUII’’) was also named as a party. E:\FR\FM\20SEN1.SGM 20SEN1 lotter on DSK11XQN23PROD with NOTICES1 Federal Register / Vol. 88, No. 181 / Wednesday, September 20, 2023 / Notices On November 17, 2021, the Commission amended the complaint and notice of investigation to add certain new respondents, including Orly of New York, New York; Mould Industria de Matrizes Ltda. d/b/a/ Boaonda of Brazil (‘‘Boaonda’’); Dongguan Eastar Footwear Enterprises Co., Ltd. of Guangzhou City, China (‘‘Eastar’’); KGS Sourcing Ltd. of Hong Kong, China (‘‘KGS’’); Fujian Wanjiaxin Industrial Developing, Inc. a/k/a Fujian Wanjiaxin Light Industrial Developing, Inc. of Quanzhou City, China (‘‘Wanjiaxin’’); Anao of Jinjiang City, China; Walmart Inc. of Bentonville, Arkansas (‘‘Walmart’’); and Huizhou of Huizhou City, China, and to terminate the investigation with respect to Crocsky, Hobibear, and Ink Tee. Order No. 30 (Oct. 21, 2021), unreviewed by Comm’n Notice (Nov. 17, 2021). The Commission subsequently terminated the investigation with respect to various respondents on the basis of settlement agreements or consent orders. See Order No. 12 (Aug. 11, 2021) (Skechers), unreviewed by Comm’n Notice (Aug. 24, 2021); Order No. 16 (Aug. 26, 2021) (SG Footwear) and Order No. 17 (Aug. 26, 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) and Order No. 23 (Sept. 9, 2021) (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 (Oct. 6, 2021) (Hawkins), unreviewed by Comm’n Notice (Oct. 29, 2021); Order No. 32 (Nov. 1, 2021) (Shoe-Nami) and Order No. 33 (Nov. 1, 2021) (PW), unreviewed by Comm’n Notice (Nov. 29, 2021); Order No. 34 (Nov. 10, 2021) (718 Closeouts), unreviewed by Comm’n Notice (Dec. 6, 2021); Order No. 39 (Jan. 11, 2022) (Eastar), unreviewed by Comm’n Notice (Feb. 4, 2022); Order No. 46 (March 3, 2022) (Maxhouse, Wanjiaxin), unreviewed by Comm’n Notice (March 18, 2022); Order No. 49 (March 15, 2022) (Boaonda), unreviewed by Comm’n Notice (April 1, 2022); Order No. 54 (April 22, 2022) (Royal Deluxe), unreviewed by Comm’n Notice (May 17, 2022); Order No. 56 (May 6, 2022) (Loeffler Randall), unreviewed by Comm’n Notice (May 27, 2022); Order No. 81 (Sept. 28, 2022) (Walmart), unreviewed by Comm’n Notice (Oct. 20, VerDate Sep<11>2014 16:38 Sep 19, 2023 Jkt 259001 2022). The Commission also terminated the investigation with respect to KGS for good cause. Order No. 40 (Feb. 1, 2022), unreviewed by Comm’n Notice (Feb. 22, 2022). On June 10, 2022, the Commission found that respondents La Modish, Star Bay, Huizhou, and Anao (‘‘Defaulting Respondents’’) were in default and waived their rights to appear, to be served with documents, and to contest the allegations in this investigation, pursuant to 19 CFR 210.16(b). Order No. 58 (May 20, 2022), unreviewed by Comm’n Notice (June 10, 2022). On September 13–16, 2022, the presiding administrative law judge (‘‘ALJ’’) held an evidentiary hearing with Crocs, OUII, and the remaining respondents Orly, Hobby Lobby (collectively, ‘‘the Orly Respondents’’), and Amoji (all collectively, ‘‘Respondents’’). On January 9, 2023, the ALJ issued the subject final ID, finding no violation of section 337 because: (1) Crocs did not prove that Respondents infringe the Asserted Marks; (2) Crocs did not prove that Respondents falsely designate the origin of their accused products or cause unfair competition; (3) Crocs did not prove that Respondents dilute the Asserted Marks by blurring or tarnishment; (4) the 3D Marks are invalid for lack of secondary meaning; and (5) Crocs waived its infringement contentions against Defaulting Respondents. ID at 71–72, 83–86, 148– 49. The ID also finds that Crocs has satisfied both the technical and economic prongs of the domestic industry requirement. Id. at 130, 149. The ID further finds that Respondents failed to prove that the 3D Marks are invalid as functional or that the Word Mark is invalid as generic. Id. at 128– 29, 149. The ID takes no position on Crocs’s alleged injury or Respondents’ fair use defense. Id. at 129–30. On January 13, 2023, the Commission issued a notice soliciting submissions from the public on the public interest implications of any remedial orders the Commission may issue in this case. 88 FR 3437 (Jan. 19, 2023). On February 9, 2023, non-party Joybees, LLC, a U.S. seller of footwear, filed a statement opposing issuance of a general exclusion order, (‘‘GEO’’). EDIS Doc. ID 790010 (Feb. 9, 2023). The Commission also received a letter dated June 14, 2023, from U.S. Representative Brittany Pettersen (CO–7), who represents the congressional district in which Crocs in headquartered. EDIS Doc. ID 798554 (June 14, 2023). On April 5, 2023, the Commission determined to review the ID’s findings that: (1) Crocs waived its infringement PO 00000 Frm 00047 Fmt 4703 Sfmt 4703 64927 contentions against the lined version of Orly’s Gators; (2) the 3D Marks are not entitled to the presumption of validity and are invalid for lack of secondary meaning; (3) Crocs waived its infringement contentions against Defaulting Respondents; (4) subject matter jurisdiction; (5) likelihood of confusion; (6) false designation of origin; (7) dilution; and (8) the technical and economic prongs of domestic industry. Comm’n Notice at 3–4 (Apr. 5, 2023); 88 FR 21712–15 (Apr. 11, 2023). The Commission determined not to review the remaining findings in the ID. On April 19, 2023, Crocs, the Orly Respondents, and OUII filed their responses to the Commission’s notice of review. On April 26, 2023, the parties filed their respective replies. Amoji did not file its own response or join the briefing by the Orly Respondents. Having reviewed the ID, the parties’ submissions, and the evidence of record, the Commission has determined to affirm and adopt the ID’s findings that Respondents have not infringed or diluted any of the Asserted Marks, falsely designated the origin of their Accused Products, or engaged in unfair competition. The Commission has determined to reverse the ID’s finding that Crocs waived its infringement contentions with respect to the lined versions of the accused Orly Gators and find instead that Crocs failed to prove infringement by the lined Orly Gators. The Commission takes no position on Orly’s alleged first sale in April 2016, the presumption of validity, secondary meaning, injury, fair use, and the technical and economic prongs of the domestic industry requirement. The Commission has further determined to issue an LEO to Defaulting Respondents and CDOs to defaulting respondents La Modish and Star Bay pursuant to section 337(g)(1). 19 U.S.C. 1337(g)(1). The Commission’s reasoning in support of its determinations is set forth more fully in its opinion issued herewith. Commissioner Kearns dissents from the Commission’s finding of no violation of section 337 for the reasons detailed in his dissenting views issued herewith. The investigation is hereby terminated. The Commission vote for this determination took place on September 14, 2023. 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). E:\FR\FM\20SEN1.SGM 20SEN1 64928 Federal Register / Vol. 88, No. 181 / Wednesday, September 20, 2023 / Notices By order of the Commission. Issued: September 14, 2023. Katherine Hiner, Supervisory Attorney. DEPARTMENT OF JUSTICE [OMB Number 1117–0001] Agency Information Collection Activities; Proposed eCollection, eComments Requested; Revision of a Previously Approved Collection; Report of Theft or Loss of Controlled Substance and Report of Loss or Disappearance of Listed Chemicals [FR Doc. 2023–20345 Filed 9–19–23; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION Drug Enforcement Administration, Department of Justice. ACTION: 60-Day notice. AGENCY: [USITC SE–23–045] Sunshine Act Meetings The Drug Enforcement Administration (DEA), Department of Justice (DOJ), will be submitting the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995. DATES: Comments are encouraged and will be accepted for 60 days until November 20, 2023. FOR FURTHER INFORMATION CONTACT: If you have additional comments especially on the estimated public burden or associated response time, suggestions, or need a copy of the proposed information collection instrument with instructions or additional information, please contact Scott A. Brinks, Regulatory Drafting and Policy Support Section, Drug Enforcement Administration; Mailing Address: 8701 Morrissette Drive, Springfield, Virginia 22152; Telephone: (571) 362–3261, Email: scott.a.brinks@ dea.gov. SUPPLEMENTARY INFORMATION: Written comments and suggestions from the public and affected agencies concerning the proposed collection of information are encouraged. Your comments should address one or more of the following four points: —Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the Bureau of Justice Statistics, including whether the information will have practical utility; —Evaluate the accuracy of the agency’s estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; —Evaluate whether and if so how the quality, utility, and clarity of the information to be collected can be enhanced; and —Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological SUMMARY: United States International Trade Commission. AGENCY HOLDING THE MEETING: TIME AND DATE: September 25, 2023 at 11:00 a.m. Room 101, 500 E Street SW, Washington, DC 20436, Telephone: (202) 205–2000. PLACE: STATUS: Open to the public. MATTERS TO BE CONSIDERED: 1. Agendas for future meetings: none. 2. Minutes. 3. Ratification List. 4. Commission vote on Inv. Nos. 701– TA–684 and 731–TA–1597–1598 (Final)(Gas Powered Pressure Washers from China and Vietnam). The Commission currently is scheduled to complete and file its determinations and views of the Commission on October 13, 2023. 5. Outstanding action jackets: none. CONTACT PERSON FOR MORE INFORMATION: Sharon Bellamy, Supervisory Hearings and Information Officer, 202–205–2000. The Commission is holding the meeting under the Government in the Sunshine Act, 5 U.S.C. 552(b). In accordance with Commission policy, subject matter listed above, not disposed of at the scheduled meeting, may be carried over to the agenda of the following meeting. By order of the Commission. Issued: September 15, 2023. Sharon Bellamy, Supervisory Hearings and Information Officer. lotter on DSK11XQN23PROD with NOTICES1 [FR Doc. 2023–20423 Filed 9–18–23; 11:15 am] BILLING CODE 7020–02–P VerDate Sep<11>2014 16:38 Sep 19, 2023 Jkt 259001 PO 00000 Frm 00048 Fmt 4703 Sfmt 4703 collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. Abstract: In accordance with current 21 CFR 1301.74, a DEA registrant must notify the Field Division Office of the Administration in writing, of any theft or significant loss of any controlled substance within one business day of discovery of the theft or loss, and must complete and send to the DEA a DEA Form 106 upon determination of a theft or significant loss. The DEA Form 106 is designed to provide a uniform method of reporting and recording thefts and losses of controlled substances as required by 21 U.S.C. 827, 21 CFR 1301.74(c) and 1301.76(b). The form is entitled ‘‘Report of Theft or Loss of Controlled Substances’’ and it is used by the DEA to help determine the quantities and types of controlled substances that are stolen or lost. It may also serve as a record of the theft or loss for the registrant. DEA is modifying this collection to move DEA Form 107 from 1117–0024 to this collection, as DEA Form 107 is more aligned with DEA Form 106. DEA Form 107 is used by regulated persons involved in reporting unusual or excessive loss or disappearance of a listed chemical. Each regulated person must report to the Special Agent in Charge of the DEA Diversional Office for the area in which the regulated person making the report is located any unusual or excessive loss or disappearance of a listed chemical under the control of the regulated person. Overview of This Information Collection 1. Type of Information Collection: Revision of a currently approved collection. 2. Title of the Form/Collection: Report of Theft or Loss of Controlled Substance and Reports of Loss or Disappearance of Listed Chemicals. 3. The agency form number, if any, and the applicable component of the Department sponsoring the collection: DEA Form 106 and DEA Form 107. The applicable component within the Department of Justice is the Drug Enforcement Administration, Diversion Control Division. 4. Affected public who will be asked or required to respond, as well as the obligation to respond: Affected public (Primary): Private Sector—business or other for-profit. Other: Private Sector— businesses not-for-profit institutions; Federal, State, local, and tribal governments. 5. An estimate of the total number of respondents and the amount of time E:\FR\FM\20SEN1.SGM 20SEN1

Agencies

[Federal Register Volume 88, Number 181 (Wednesday, September 20, 2023)]
[Notices]
[Pages 64926-64928]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-20345]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1270]


Certain Casual Footwear and Packaging Thereof; Notice of Final 
Determination of No Violation by Active Respondents; Issuance of 
Default Remedial Orders; Termination of Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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

SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission (``Commission'') has determined that there is no violation 
of section 337 of the Tariff Act of 1930, as amended, in this 
investigation by active respondents Hobby Lobby Stores, Inc. (``Hobby 
Lobby''), Quanzhou ZhengDe Network Corp. d/b/a Amoji (``Amoji''), and 
Orly Shoe Corp. (``Orly''). The Commission has further determined to 
issue a limited exclusion order (``LEO'') against defaulting 
respondents La Modish Boutique (``La Modish''), Star Bay Group Inc. 
(``Star Bay''), Huizhou Xinshunzu Shoes Co., Ltd. (``Huizhou''), and 
Jinjiang Anao Footwear Co., Ltd. (``Anao'') and cease and desist orders 
against defaulting respondents La Modish and Star Bay. This 
investigation is hereby terminated.

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, false designation of 
origin, and dilution of one of more of U.S. Trademark Registration Nos. 
5,149,328; 5,273,875 (collectively, the ``3D Marks''); and 3,836,415 
(``the Word Mark'') (all collectively, ``the Asserted Marks''). Id. The 
complaint alleges that a domestic industry exists, and that the threat 
or effect of certain alleged violations is to destroy or substantially 
injure an industry in the United States. Id.
    The Commission's notice of investigation named numerous 
respondents, including: Hobby Lobby of Oklahoma City, Oklahoma; Amoji 
of Quanzhou, Fujian Province, China; Skechers USA, Inc. of Manhattan 
Beach, California (``Skechers''); SG Footwear Meser Grp. Inc. a/k/a S. 
Goldberg & Co. of Hackensack, New Jersey (``SG Footwear''); Cape Robbin 
Inc. of Pomona, California (``Cape Robbin''); Dr. Leonard's Healthcare 
Corp. d/b/a Carol Wright of Edison, New Jersey (``Dr. Leonard's''); 
Fullbeauty Brands Inc. d/b/a Kingsize of New York, New York 
(``Fullbeauty''); Legend Footwear, Inc. d/b/a/Wild Diva of City of 
Industry, California (``Wild Diva''); Fujian Huayuan Well Import and 
Export Trade Co., Ltd. of Fuzhou, Fujian Province, China (``Fujian''); 
Yoki Fashion International LLC of New York, New York (``Yoki''); 
Bijora, Inc. d/b/a Akira of Chicago, Illinois (``Akira''); Hawkins 
Footwear, Sports, Military & Dixie Store of Brunswick, Georgia 
(``Hawkins''); Shoe-Nami Inc. of Gretna, Louisiana (``Shoe-Nami''); PW 
Shoes, Inc. a/k/a P&W of Maspeth, New York (``PW''); 718Closeouts of 
Brooklyn, New York (``718Closeouts''); Crocsky of Austin, Texas 
(``Crocsky''); Hobibear Shoes and Clothing Ltd. of Brighton, Colorado 
(``Hobibear''); Ink Tee of Los Angeles, California (``Ink Tee''); 
Maxhouse Rise Ltd. of Hong Kong, China (``Maxhouse''); La Modish of 
West Covina, California; Loeffler Randall Inc. of New York, New York 
(``Loeffler Randall''); Star Bay of Hackensack, New Jersey; and Royal 
Deluxe Accessories, LLC of New Providence, New Jersey (``Royal 
Deluxe''). The Office of Unfair Import Investigations (``OUII'') was 
also named as a party.

[[Page 64927]]

    On November 17, 2021, the Commission amended the complaint and 
notice of investigation to add certain new respondents, including Orly 
of New York, New York; Mould Industria de Matrizes Ltda. d/b/a/Boaonda 
of Brazil (``Boaonda''); Dongguan Eastar Footwear Enterprises Co., Ltd. 
of Guangzhou City, China (``Eastar''); KGS Sourcing Ltd. of Hong Kong, 
China (``KGS''); Fujian Wanjiaxin Industrial Developing, Inc. a/k/a 
Fujian Wanjiaxin Light Industrial Developing, Inc. of Quanzhou City, 
China (``Wanjiaxin''); Anao of Jinjiang City, China; Walmart Inc. of 
Bentonville, Arkansas (``Walmart''); and Huizhou of Huizhou City, 
China, and to terminate the investigation with respect to Crocsky, 
Hobibear, and Ink Tee. Order No. 30 (Oct. 21, 2021), unreviewed by 
Comm'n Notice (Nov. 17, 2021).
    The Commission subsequently terminated the investigation with 
respect to various respondents on the basis of settlement agreements or 
consent orders. See Order No. 12 (Aug. 11, 2021) (Skechers), unreviewed 
by Comm'n Notice (Aug. 24, 2021); Order No. 16 (Aug. 26, 2021) (SG 
Footwear) and Order No. 17 (Aug. 26, 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) and Order No. 23 (Sept. 9, 2021) (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 (Oct. 6, 2021) (Hawkins), 
unreviewed by Comm'n Notice (Oct. 29, 2021); Order No. 32 (Nov. 1, 
2021) (Shoe-Nami) and Order No. 33 (Nov. 1, 2021) (PW), unreviewed by 
Comm'n Notice (Nov. 29, 2021); Order No. 34 (Nov. 10, 2021) (718 
Closeouts), unreviewed by Comm'n Notice (Dec. 6, 2021); Order No. 39 
(Jan. 11, 2022) (Eastar), unreviewed by Comm'n Notice (Feb. 4, 2022); 
Order No. 46 (March 3, 2022) (Maxhouse, Wanjiaxin), unreviewed by 
Comm'n Notice (March 18, 2022); Order No. 49 (March 15, 2022) 
(Boaonda), unreviewed by Comm'n Notice (April 1, 2022); Order No. 54 
(April 22, 2022) (Royal Deluxe), unreviewed by Comm'n Notice (May 17, 
2022); Order No. 56 (May 6, 2022) (Loeffler Randall), unreviewed by 
Comm'n Notice (May 27, 2022); Order No. 81 (Sept. 28, 2022) (Walmart), 
unreviewed by Comm'n Notice (Oct. 20, 2022). The Commission also 
terminated the investigation with respect to KGS for good cause. Order 
No. 40 (Feb. 1, 2022), unreviewed by Comm'n Notice (Feb. 22, 2022).
    On June 10, 2022, the Commission found that respondents La Modish, 
Star Bay, Huizhou, and Anao (``Defaulting Respondents'') were in 
default and waived their rights to appear, to be served with documents, 
and to contest the allegations in this investigation, pursuant to 19 
CFR 210.16(b). Order No. 58 (May 20, 2022), unreviewed by Comm'n Notice 
(June 10, 2022).
    On September 13-16, 2022, the presiding administrative law judge 
(``ALJ'') held an evidentiary hearing with Crocs, OUII, and the 
remaining respondents Orly, Hobby Lobby (collectively, ``the Orly 
Respondents''), and Amoji (all collectively, ``Respondents'').
    On January 9, 2023, the ALJ issued the subject final ID, finding no 
violation of section 337 because: (1) Crocs did not prove that 
Respondents infringe the Asserted Marks; (2) Crocs did not prove that 
Respondents falsely designate the origin of their accused products or 
cause unfair competition; (3) Crocs did not prove that Respondents 
dilute the Asserted Marks by blurring or tarnishment; (4) the 3D Marks 
are invalid for lack of secondary meaning; and (5) Crocs waived its 
infringement contentions against Defaulting Respondents. ID at 71-72, 
83-86, 148-49. The ID also finds that Crocs has satisfied both the 
technical and economic prongs of the domestic industry requirement. Id. 
at 130, 149. The ID further finds that Respondents failed to prove that 
the 3D Marks are invalid as functional or that the Word Mark is invalid 
as generic. Id. at 128-29, 149. The ID takes no position on Crocs's 
alleged injury or Respondents' fair use defense. Id. at 129-30.
    On January 13, 2023, the Commission issued a notice soliciting 
submissions from the public on the public interest implications of any 
remedial orders the Commission may issue in this case. 88 FR 3437 (Jan. 
19, 2023). On February 9, 2023, non-party Joybees, LLC, a U.S. seller 
of footwear, filed a statement opposing issuance of a general exclusion 
order, (``GEO''). EDIS Doc. ID 790010 (Feb. 9, 2023). The Commission 
also received a letter dated June 14, 2023, from U.S. Representative 
Brittany Pettersen (CO-7), who represents the congressional district in 
which Crocs in headquartered. EDIS Doc. ID 798554 (June 14, 2023).
    On April 5, 2023, the Commission determined to review the ID's 
findings that: (1) Crocs waived its infringement contentions against 
the lined version of Orly's Gators; (2) the 3D Marks are not entitled 
to the presumption of validity and are invalid for lack of secondary 
meaning; (3) Crocs waived its infringement contentions against 
Defaulting Respondents; (4) subject matter jurisdiction; (5) likelihood 
of confusion; (6) false designation of origin; (7) dilution; and (8) 
the technical and economic prongs of domestic industry. Comm'n Notice 
at 3-4 (Apr. 5, 2023); 88 FR 21712-15 (Apr. 11, 2023). The Commission 
determined not to review the remaining findings in the ID.
    On April 19, 2023, Crocs, the Orly Respondents, and OUII filed 
their responses to the Commission's notice of review. On April 26, 
2023, the parties filed their respective replies. Amoji did not file 
its own response or join the briefing by the Orly Respondents.
    Having reviewed the ID, the parties' submissions, and the evidence 
of record, the Commission has determined to affirm and adopt the ID's 
findings that Respondents have not infringed or diluted any of the 
Asserted Marks, falsely designated the origin of their Accused 
Products, or engaged in unfair competition. The Commission has 
determined to reverse the ID's finding that Crocs waived its 
infringement contentions with respect to the lined versions of the 
accused Orly Gators and find instead that Crocs failed to prove 
infringement by the lined Orly Gators.
    The Commission takes no position on Orly's alleged first sale in 
April 2016, the presumption of validity, secondary meaning, injury, 
fair use, and the technical and economic prongs of the domestic 
industry requirement.
    The Commission has further determined to issue an LEO to Defaulting 
Respondents and CDOs to defaulting respondents La Modish and Star Bay 
pursuant to section 337(g)(1). 19 U.S.C. 1337(g)(1).
    The Commission's reasoning in support of its determinations is set 
forth more fully in its opinion issued herewith. Commissioner Kearns 
dissents from the Commission's finding of no violation of section 337 
for the reasons detailed in his dissenting views issued herewith.
    The investigation is hereby terminated.
    The Commission vote for this determination took place on September 
14, 2023.
    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).


[[Page 64928]]


    By order of the Commission.

    Issued: September 14, 2023.
Katherine Hiner,
Supervisory Attorney.
[FR Doc. 2023-20345 Filed 9-19-23; 8:45 am]
BILLING CODE 7020-02-P
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