80 FR 73210 - Certain Footwear Products; Notice of Request for Statements on the Public Interest
INTERNATIONAL TRADE COMMISSION Federal Register Volume 80, Issue 226 (November 24, 2015)
Federal Register Volume 80, Issue 226 (November 24, 2015)
| Page Range | 73210-73211 | |
| FR Document | 2015-29805 |
[Federal Register Volume 80, Number 226 (Tuesday, November 24, 2015)] [Notices] [Pages 73210-73211] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-29805] ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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 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'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, http://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
![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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![Federal Register / Vol. 80, No. 226 / Tuesday, November 24, 2015 / Notices 73211
like or directly competitive articles in the Persons with questions regarding filing Counsel, U.S. International Trade
United States consumers, it finds that such should contact the Secretary (202–205– Commission, 500 E Street SW.,
articles should not be excluded from entry. 2000). Washington, DC 20436, telephone 202–
19 U.S.C. 1337(d)(1). A similar Any person desiring to submit a 205–3042. Copies of non-confidential
provision applies to cease and desist document (or portion thereof) to the documents filed in connection with this
orders. 19 U.S.C. 1337(f)(1). Commission in confidence must request investigation are or will be available for
The Commission is interested in confidential treatment unless the inspection during official business
further development of the record on information has already been granted hours (8:45 a.m. to 5:15 p.m.) in the
the public interest in its investigations. such treatment during the proceedings. Office of the Secretary, U.S.
Accordingly, members of the public are All such requests should be directed to International Trade Commission, 500 E
invited to file submissions of no more the Secretary of the Commission and Street, SW., Washington, DC 20436,
than five (5) pages, inclusive of must include a full statement of the telephone 202–205–2000. General
attachments, concerning the public reasons why the Commission should information concerning the Commission
interest in light of the administrative grant such treatment. See 19 CFR 201.6. may also be obtained by accessing its
law judge’s Recommended Documents for which confidential Internet server (http://www.usitc.gov).
Determination on Remedy and Bonding treatment by the Commission is sought The public record for this investigation
issued in this investigation on will be treated accordingly. A redacted may be viewed on the Commission’s
November 17, 2015. Comments should non-confidential version of the electronic docket (EDIS) at http://
address whether issuance of an document must also be filed edis.usitc.gov. Hearing-impaired
exclusion order and/or cease and desist simultaneously with any confidential persons are advised that information on
orders in this investigation could affect filing. All non-confidential written this matter can be obtained by
the public health and welfare in the submissions will be available for public contacting the Commission’s TDD
United States, competitive conditions in inspection at the Office of the Secretary terminal on 202–205–1810.
the United States economy, the and on EDIS. SUPPLEMENTARY INFORMATION: The
production of like or directly This action is taken under authority of Commission instituted this investigation
competitive articles in the United section 337 of the Tariff Act of 1930, as on August 21, 2014, based on a
States, or United States consumers. amended, 19 U.S.C. 1337, and Part 210 complaint filed by Johnson Outdoors
In particular, the Commission is of the Commission’s Rules of Practice lnc. of Racine, Wisconsin and Johnson
interested in comments that: and Procedure (19 CFR part 210). Outdoors Marine Electronics, Inc. of
(i) Explain how the articles
By order of the Commission. Eufaula, Alabama (collectively,
potentially subject to the recommended Issued: November 18, 2015. ‘‘Johnson Outdoors’’). 79 FR 49536
orders are used in the United States;
(ii) identify any public health, safety, Lisa R. Barton, (Aug. 21, 2014). The complaint alleges
or welfare concerns in the United States Secretary to the Commission. violations of section 337 of the Tariff
relating to the recommended orders; [FR Doc. 2015–29805 Filed 11–23–15; 8:45 am] Act of 1930, as amended (19 U.S.C.
(iii) indicate the extent to which like BILLING CODE 7020–02–P 1337), in the importation into the
or directly competitive articles are United States, the sale for importation,
produced in the United States or are and the sale within the United States
otherwise available in the United States, INTERNATIONAL TRADE after importation of certain marine sonar
with respect to the articles potentially COMMISSION imaging systems, products containing
subject to the recommended orders; the same, and components thereof by
[Investigation No. 337–TA–926]
(iv) indicate whether Complainant, reason of infringement of one or more of
Complainant’s licensees, and/or third Certain Marine Sonar Imaging claims 1, 2, 17, 25, 26, 31, 32, 35, 36,
party suppliers have the capacity to Systems, Products Containing the 41–43, 53, and 56 of U.S. Patent No.
replace the volume of articles Same, and Components Thereof; 7,652,952 (‘‘the ’952 patent’’); claims 1,
potentially subject to the recommended Commission’s Final Determination 5, 7, 8, 21, 22, 24, 25, 28, and 29 of U.S.
orders within a commercially Finding a Violation of Section 337; Patent No. 7,710,825 (‘‘the ’825 patent’’);
reasonable time; and Issuance of Limited Exclusion Order and claims 14, 18, 21–23, 25, and 33 of
(v) explain how the recommended and Cease and Desist Orders; U.S. Patent No. 7,755,974 (‘‘the ’974
orders would impact consumers in the Termination of the Investigation patent’’). Id. The notice of investigation
United States. named the following respondents:
Written submissions must be filed no AGENCY: U.S. International Trade Garmin International, Inc.; Garmin
later than by close of business on Commission. North America, Inc.; Garmin USA, Inc.
December 28, 2015. ACTION: Notice. all of Olathe, Kansas; and Garmin
Persons filing written submissions Corporation of New Taipei City, Taiwan
must file the original document SUMMARY: Notice is hereby given that (collectively, ‘‘Garmin’’). Id. The Office
electronically on or before the deadlines the U.S. International Trade of Unfair Import Investigations is not a
stated above and submit 8 true paper Commission has found a violation of party to the investigation.
copies to the Office of the Secretary by section 337 in this investigation and has On January 30, 2015, the parties
noon the next day pursuant to (1) issued a limited exclusion order entered into a stipulation that the
Commission rule 210.4(f), 19 CFR prohibiting importation of infringing domestic industry requirement was met.
marine sonar imaging systems, products
mstockstill on DSK4VPTVN1PROD with NOTICES
210.4(f). Submissions should refer to the The parties also agreed to a stipulation
investigation number (‘‘Inv. No. 337– containing the same, and components regarding importation of Garmin
TA–936’’) in a prominent place on the thereof and (2) issued cease and desist accused products. That same day,
cover page and/or the first page. (See orders directed to the domestic Johnson Outdoors filed two unopposed
Handbook for Electronic Filing respondents. The investigation is motions for summary determination: (1)
Procedures, http://www.usitc.gov/ terminated. That Garmin’s importation and sales
secretary/fed_reg_notices/rules/ FOR FURTHER INFORMATION CONTACT: satisfy the importation requirement and
handbook_on_electronic_filing.pdf). Panyin A. Hughes, Office of the General (2) that Johnson Outdoors satisfies the
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Document Created: 2015-12-14 14:09:12
Document Modified: 2015-12-14 14:09:12
| 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 | 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 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's TDD terminal on (202) 205-1810. | |
| FR Citation | 80 FR 73210 |
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