80 FR 73209 - Certain Laser Abraded Denim Garments; Commission Decision Terminating the Remaining Respondents From the Investigation; Setting the Date for the Commission To Determine Whether To Grant the Petition for Review of Order Nos. 43 and 83

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 80, Issue 226 (November 24, 2015)

Page Range		73209-73210
FR Document		2015-29846

Notice is hereby given that the U.S. International Trade Commission has determined not to review the presiding administrative law judge's (``ALJ'') initial determinations (``IDs'') (Order No. 105 and 106), which terminated the investigation as to the remaining three respondents in the investigation. The Commission has determined to set January 20, 2016 as the date by which to determine whether to grant the petition for review of Order Nos. 43 and 83 by intervenor Dentons US LLP.

Federal Register, Volume 80 Issue 226 (Tuesday, November 24, 2015)

[Federal Register Volume 80, Number 226 (Tuesday, November 24, 2015)]
[Notices]
[Pages 73209-73210]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-29846]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-930]


Certain Laser Abraded Denim Garments; Commission Decision 
Terminating the Remaining Respondents From the Investigation; Setting 
the Date for the Commission To Determine Whether To Grant the Petition 
for Review of Order Nos. 43 and 83

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined not to review the presiding administrative 
law judge's (``ALJ'') initial determinations (``IDs'') (Order No. 105 
and 106), which terminated the investigation as to the remaining three 
respondents in the investigation. The Commission has determined to set 
January 20, 2016 as the date by which to determine whether to grant the 
petition for review of Order Nos. 43 and 83 by intervenor Dentons US 
LLP.

FOR FURTHER INFORMATION CONTACT: Sidney A. Rosenzweig, Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street SW., 
Washington, DC 20436, telephone (202) 708-2532. 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 http://www.usitc.gov. The public record for this investigation may be viewed 
on the Commission's electronic docket (EDIS) at http://edis.usitc.gov. 
Hearing-impaired persons are advised that information on this matter 
can be obtained by contacting the Commission TDD terminal on (202) 205-
1810.

SUPPLEMENTARY INFORMATION: The Commission instituted this investigation 
on September 23, 2014, based on a complaint filed by RevoLaze, LLC and 
TechnoLines, LLC, both of Westlake, Ohio. 79 Fed. Reg. 56828 (Sept. 23, 
2014). The complaint alleged violations of section 337 of the Tariff 
Act of 1930, as amended, 19 U.S.C. 1337, by reason of the importation 
into the United States, the sale for importation, and the sale within 
the United States after importation of certain laser abraded denim 
garments. The complaint alleged

[[Page 73210]]

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 
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

Federal Register / Vol. 80, No. 226 / Tuesday, November 24, 2015 / Notices 73209

information will permit relevant managed recreation resources, located Reclamation’s recreation resources and
program assessments of resources on Reclamation project lands in the 17 facilities; and commercial concessions,
managed by Reclamation, its recreation Western States. No changes are being and nonprofit organizations located on
managing partners, and/or made to this information collection. Reclamation lands with associated
concessionaires for the purpose of II. Data recreation services.
contributing to the implementation of Estimated Total Number of
OMB Control Number: 1006–0002.
Reclamation’s mission. More Respondents: 270.
Title: Recreation Use Data Reports.
specifically, the collected information Form Numbers: 7–2534, Part I, Estimated Number of Responses per
enables Reclamation to (1) evaluate the Managing Partners and Direct Managed Respondent: 1.
effectiveness of program management Recreation Areas; 7–2535, Part II,
based on existing recreation and Estimated Total Number of Annual
Concessionaires.
concessionaire resources and facilities, Frequency: Annually. Responses: 270.
and (2) validate the efficiency of Respondents: State, local, or tribal Estimated Total Annual Burden on
resources for public use within partner governments; agencies who manage Respondents: 136 hours.

Burden Annual
Annual
estimate burden on
Form No. number of
per form respondents
respondents
(in minutes) (in hours)

7–2534 (Part I, Managing Partners and Direct Managed Recreation Areas) ............................. 30 155 78
7–2535 (Part II, Concessionaires) ............................................................................................... 30 115 58

Total Burden Hours .............................................................................................................. ........................ ........................ 136

III. Request for Comments to withhold your personal identifying Nos. 43 and 83 by intervenor Dentons
A Federal Register notice with a 60- information from public review, we US LLP.
day public comment period soliciting cannot guarantee that we will be able to FOR FURTHER INFORMATION CONTACT:
comments on this collection of do so. Sidney A. Rosenzweig, Office of the
information was published on Dated: November 13, 2015. General Counsel, U.S. International
September 3, 2015 (80 FR 53326). No Roseann Gonzales, Trade Commission, 500 E Street SW.,
comments were received. Director, Policy and Administration.
Washington, DC 20436, telephone (202)
We invite comments concerning this 708–2532. Copies of non-confidential
[FR Doc. 2015–29872 Filed 11–23–15; 8:45 am]
information collection on: documents filed in connection with this
BILLING CODE 4332–90–P–P
(a) Whether the proposed collection of investigation are or will be available for
information is necessary for the proper inspection during official business
performance of our functions, including hours (8:45 a.m. to 5:15 p.m.) in the
whether the information will have INTERNATIONAL TRADE Office of the Secretary, U.S.
practical use; COMMISSION International Trade Commission, 500 E
(b) The accuracy of our burden Street SW., Washington, DC 20436,
[Investigation No. 337–TA–930] telephone (202) 205–2000. General
estimate for the proposed collection of
information, including the validity of information concerning the Commission
Certain Laser Abraded Denim
the methodology and assumptions used; may also be obtained by accessing its
Garments; Commission Decision
(c) Ways to enhance the quality, Internet server at http://www.usitc.gov.
Terminating the Remaining
usefulness, and clarity of the The public record for this investigation
Respondents From the Investigation;
information to be collected; and may be viewed on the Commission’s
Setting the Date for the Commission electronic docket (EDIS) at http://
(d) Ways to minimize the burden of To Determine Whether To Grant the
the collection of information on edis.usitc.gov. Hearing-impaired
Petition for Review of Order Nos. 43 persons are advised that information on
respondents. and 83
An agency may not conduct or this matter can be obtained by
sponsor, and a person is not required to AGENCY: U.S. International Trade contacting the Commission TDD
respond to a collection of information Commission. terminal on (202) 205–1810.
unless it displays a currently valid OMB ACTION: Notice. SUPPLEMENTARY INFORMATION: The
control number. Reclamation will Commission instituted this investigation
display a valid OMB control number on SUMMARY: Notice is hereby given that on September 23, 2014, based on a
the forms. the U.S. International Trade complaint filed by RevoLaze, LLC and
Commission has determined not to TechnoLines, LLC, both of Westlake,
IV. Public Disclosure review the presiding administrative law Ohio. 79 Fed. Reg. 56828 (Sept. 23,
mstockstill on DSK4VPTVN1PROD with NOTICES

Before including your address, phone judge’s (‘‘ALJ’’) initial determinations 2014). The complaint alleged violations
number, email address, or other (‘‘IDs’’) (Order No. 105 and 106), which of section 337 of the Tariff Act of 1930,
personal identifying information in your terminated the investigation as to the as amended, 19 U.S.C. 1337, by reason
comment, you should be aware that remaining three respondents in the of the importation into the United
your entire comment—including your investigation. The Commission has States, the sale for importation, and the
personal identifying information—may determined to set January 20, 2016 as sale within the United States after
be made publicly available at any time. the date by which to determine whether importation of certain laser abraded
While you can ask us in your comment to grant the petition for review of Order denim garments. The complaint alleged

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73210 Federal Register / Vol. 80, No. 226 / Tuesday, November 24, 2015 / Notices

the infringement of seventy-one claims terminate the investigation as to Eroglu INTERNATIONAL TRADE
of six United States patents. The notice was appropriate. COMMISSION
of institution named twenty However, previously in the [Investigation No. 337–TA–936]
respondents. On January 23, 2015, the investigation, the then-presiding ALJ
ALJ granted the complainants’ motion to Certain Footwear Products; Notice of
disqualified complainants’ former
amend the complaint and notice of Request for Statements on the Public
counsel Dentons US LLP (‘‘Dentons’’) in
investigation to add nine respondents. Interest
Order No. 20 at 3–4 (Jan. 23, 2015), not a non-ID order. Order No. 43 (May 7,
reviewed, Notice at 2 (Feb. 20, 2015). As 2015). Subsequently, the ALJ granted (as AGENCY: U.S. International Trade
a result of numerous unreviewed initial an ID) Dentons’ motion to intervene Commission.
determinations terminating various regarding its disqualification, Order No.
ACTION: Notice.
respondents, only three respondents 82 (Aug. 7, 2013), but denied (as an
remain in the investigation: H&M order) Dentons’ motion for SUMMARY: Notice is hereby given that
Hennes & Mauritz AB of Stockholm, reconsideration of Order No. 43 as well the presiding administrative law judge
Sweden; H&M Hennes & Mauritz LP of as Dentons’ request for leave to seek (‘‘ALJ’’) has issued a Final Initial
New York, New York (collectively, interlocutory review before the Determination on Violation of Section
‘‘H&M’’); and Eroglu Giyin San Tic AS Commission, Order No. 83 (Aug. 7, 337 and Recommended Determination
of Istanbul, Turkey (‘‘Eroglu’’). 2015); see 19 CFR 210.24 (interlocutory on Remedy and Bonding in the above-
On October 1, 2015, the complainants review by the Commission). The captioned investigation. The
moved to terminate H&M based upon a Commission determined not to review Commission is soliciting comments on
withdrawal of the complaint. See 19 Order No. 82. Notice (Aug. 26, 2015). public interest issues raised by the
CFR 210.21(a). The Commission recommended relief should the
investigative attorney (‘‘IA’’) supported In response to the issuance of Order
Commission find a violation of section
the motion. On October 20, 2015, the No. 106, which terminated the 337, as amended, 19 U.S.C. 1337. The
ALJ granted the motion as an ID (Order investigation before the ALJ, on October ALJ recommended a general exclusion
No. 105). She found that the 27, 2015, Dentons filed a petition for order directed to footwear products that
complainants complied with Commission review of Order Nos. 43 infringe the asserted trademarks, and
Commission Rule 210.21(a) and that and 83. See 19 CFR 210.24 (rulings by recommended cease and desist orders
good cause for withdrawal had been the ALJ ‘‘on motions may not be directed against those respondents
shown. Order No. 105 at 2. appealed to the Commission prior to the found to infringe. This notice is
Also on October 1, 2015, the administrative law judge’s issuance of soliciting public interest comments from
complainants moved to terminate an initial determination’’). On the public only. Parties are to file public
Eroglu on the basis of a settlement. See November 9, 2015, former respondent interest submissions pursuant to 19 CFR
19 CFR 210.21(b). The IA supported the the Gap opposed Dentons’ motion. 210.50(a)(4).
motion. The ALJ found that termination
Commission Rule 210.42 does not FOR FURTHER INFORMATION CONTACT:
as to Eroglu was in the public interest,
impose a deadline upon the Clint A. Gerdine, Office of the General
and granted the motion. Order No. 106
Commission for ruling on Dentons’ Counsel, U.S. International Trade
at 3; see 19 CFR 210.50(b)(2).
One respondent was previously found petition for review, which arises from Commission, 500 E Street SW.,
to be in default. See Order No. 81 (Aug. previously unreviewable orders in the Washington, DC 20436, telephone (202)
7, 2015), not reviewed, Notice (Sept. 1, investigation. The target date for 708–2310. Copies of non-confidential
2015) (respondent Martelli Lavorazioni completion of the investigation is documents filed in connection with this
Tessili S.p.A. of Toscanella, Italy). On September 26, 2016. The Commission investigation are or will be available for
October 6, 2015, the complainants filed has determined that Order Nos. 43 and inspection during official business
a contingent motion to terminate the hours (8:45 a.m. to 5:15 p.m.) in the
83 shall become the determination of
investigation, explaining that they do Office of the Secretary, U.S.
the Commission on January 20, 2016,
not seek relief as to the defaulting International Trade Commission, 500 E
unless the Commission shall have Street SW., Washington, DC 20436,
respondent. The ALJ found the ordered review of those orders or certain
contingent motion to terminate to be telephone (202) 205–2000. General
issues therein or by order has changed information concerning the Commission
moot in view of the issuance of Order that date.
Nos. 105 and 106 and in view of may also be obtained by accessing its
complainants’ decision not to seek relief The authority for the Commission’s Internet server at http://www.usitc.gov.
against the defaulting respondent. Order determination is contained in section The public record for this investigation
No. 106 at 3. 337 of the Tariff Act of 1930, as may be viewed on the Commission’s
No petitions for review of the amended (19 U.S.C. 1337), and in Part electronic docket (EDIS) at http://
foregoing terminations (including as to 210 of the Commission’s Rules of edis.usitc.gov. Hearing-impaired
the defaulting party) were filed. The Practice and Procedure (19 CFR part persons are advised that information on
Commission has determined not to 210). this matter can be obtained by
review the IDs. The Commission notes contacting the Commission’s TDD
Issued: November 18, 2015. terminal on (202) 205–1810.
that in granting termination as to Eroglu
in Order No. 106, the ALJ observed the By order of the Commission.
SUPPLEMENTARY INFORMATION: Section
Lisa R. Barton,
mstockstill on DSK4VPTVN1PROD with NOTICES

‘‘unconventional state of the 337 of the Tariff Act of 1930 provides
Agreements’’ demonstrating the Secretary to the Commission. that if the Commission finds a violation
settlement between the complainants [FR Doc. 2015–29846 Filed 11–23–15; 8:45 am] it shall exclude the articles concerned
and Eroglu. Order No. 106 at 2. That BILLING CODE 7020–02–P from the United States:
characterization is accurate, but the unless, after considering the effect of such
Commission finds that in view of the exclusion upon the public health and
unique circumstances of this welfare, competition conditions in the
investigation, the ALJ’s determination to United States economy, the production of

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Document Created: 2015-12-14 14:09:14
Document Modified: 2015-12-14 14:09:14

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice.
Contact		Sidney A. Rosenzweig, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, telephone (202) 708-2532. 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 http:// www.usitc.gov. The public record for this investigation may be viewed on the Commission's electronic docket (EDIS) at http://edis.usitc.gov. Hearing-impaired persons are advised that information on this matter can be obtained by contacting the Commission TDD terminal on (202) 205- 1810.
FR Citation		80 FR 73209