81 FR 22632 - Certain Laser Abraded Denim Garments; Commission Determination To Review Order No. 43, and on Review Vacating That Order as Moot; Termination of the Investigation

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 81, Issue 74 (April 18, 2016)

Page Range		22632-22633
FR Document		2016-08845

Notice is hereby given that the U.S. International Trade Commission (``Commission'') has determined to review Order No. 43 issued by the presiding administrative law judge (``ALJ''). On review, the Commission has determined to vacate Order No. 43 because the law firm disqualification at issue has become moot. This investigation is terminated.

Federal Register, Volume 81 Issue 74 (Monday, April 18, 2016)

[Federal Register Volume 81, Number 74 (Monday, April 18, 2016)]
[Notices]
[Pages 22632-22633]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2016-08845]

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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-930]

Certain Laser Abraded Denim Garments; Commission Determination To
Review Order No. 43, and on Review Vacating That Order as Moot;
Termination of the Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the U.S. International Trade
Commission (``Commission'') has determined to review Order No. 43
issued by the presiding administrative law judge (``ALJ''). On review,
the Commission has determined to vacate Order No. 43 because the law
firm disqualification at issue has become moot. This investigation is
terminated.

FOR FURTHER INFORMATION CONTACT: Robert Needham, Office of the General
Counsel, U.S. International Trade Commission, 500 E Street SW.,
Washington, DC 20436, telephone (202) 708-5468. 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 (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: The Commission instituted this investigation
on September 23, 2014, based on a complaint filed by RevoLaze, LLC and
TechnoLines, LLC, both of Westlake, Ohio (collectively, ``RevoLaze'').
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 the
infringement of seventy-one claims of six United States patents. The
notice of institution named twenty respondents, including The Gap, Inc.
of San Francisco, California (``Gap''), who, one-by-one were terminated
from the investigation. On November 18, 2015, the Commission terminated
the last remaining respondents from the investigation on the basis of
settlement and withdrawal of the complaint. 80 FR Reg. 73209, 73210
(Nov. 24, 2015).
However, previously in the investigation, the then-presiding ALJ
disqualified complainants' counsel Dentons US LLP (``Dentons US'') in
an order that was not an initial determination (``ID''). Order No. 43
(May 7, 2015). Subsequently, the ALJ granted (as an ID) Dentons US's
motion to intervene regarding its disqualification, Order No. 82 (Aug.
7, 2013), but denied (as an order) its motion for reconsideration of
Order No. 43 as well as its 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

[[Page 22633]]

Commission determined not to review Order No. 82. Notice (Aug. 26,
2015).
On October 27, 2015, in response to the issuance of an ID (Order
No. 106), which terminated the investigation before the ALJ, Dentons US
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 3, 2015, and November 9, 2015,
the Office of Unfair Import Investigations and Gap, respectively,
opposed Dentons' petition.
The Commission has determined to review Order No. 43, and, on
review, has determined to vacate the disqualification decision as moot.
In view of the final disposition of the investigation as to all
respondents, the issue of Dentons US's disqualification has no
practical effect on this investigation.
Although the Commission has the discretion to address issues that
have become moot, it has determined not to do so here. The
disqualification in this investigation turns on whether Dentons US and
Dentons Canada LLP as members of Salans FMC Denton Group (``Dentons
Verein'') should be treated as a single law firm under the American Bar
Association's Model Rules of Professional Conduct (``Model Rules'') in
this investigation. Answering that question would require further
proceedings, and potentially additional factfinding. In particular,
Comment 2 to Model Rule 1.0 sets forth several factors to consider in
determining whether a group of lawyers constitute a law firm, including
(1) how the lawyers present themselves to the public, (2) whether the
lawyers conduct themselves as a law firm, (3) the terms of any formal
agreement among the lawyers, and (4) whether the lawyers have mutual
access to client information. Here, the record lacks sufficient
evidence on these factors, especially as to the third factor, because
the Dentons Verein organizational agreements have not been made part of
the record of the investigation. The Commission has decided that the
added delay, burdens, and expenses that would be incurred by the
parties and the Commission in resolving these issues are unjustified
given the termination of the investigation as to all respondents.
Accordingly, the Commission has determined to review and vacate
Order No. 43, without deciding whether the disqualification in this
investigation was appropriate. The reasoning in support of the
Commission's decision will be set forth more fully in a forthcoming
opinion.
In light of its determination above, the Commission has determined
not to review Order No. 83, which denied as untimely a motion of
Dentons US and Revolaze for reconsideration of Order No. 43 or for
interlocutory review by the Commission.
The Commission notes that in April 2016, it received several
submissions from RevoLaze and Dentons US after the deadlines for
submissions set forth in 19 CFR 210.43 had passed. The Commission
rejects these submissions as untimely and procedurally improper, and
did not consider them in making its determination.
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: April 12, 2016.

By order of the Commission.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2016-08845 Filed 4-15-16; 8:45 am]
BILLING CODE 7020-02-P

22632 Federal Register / Vol. 81, No. 74 / Monday, April 18, 2016 / Notices

provide diverse visitor experiences on SUPPLEMENTARY INFORMATION: Effective Counsel, U.S. International Trade
the islands. Wilderness designation is January 6, 2016, the Commission Commission, 500 E Street SW.,
proposed for 1,298 acres on Anacapa, established a schedule for the conduct Washington, DC 20436, telephone (202)
Santa Barbara, Santa Cruz, and Santa of this review (81 FR 1643, January 13, 708–5468. Copies of non-confidential
Rosa Islands, and additionally on Santa 2016). Subsequently, counsel for the documents filed in connection with this
Cruz and Santa Rosa Islands 65,278 domestic interested parties filed a investigation are or will be available for
acres are identified as potential request to appear at the hearing and for inspection during official business
wilderness. consideration of cancellation of the hours (8:45 a.m. to 5:15 p.m.) in the
For a park that includes five remote hearing. Counsel indicated a willingness Office of the Secretary, U.S.
islands spanning 2,228 square miles of to submit written testimony and International Trade Commission, 500 E
land and sea, the new Channel Islands responses to any Commission questions Street SW., Washington, DC 20436,
National Park GMP defines a clear in lieu of an actual hearing. No other telephone (202) 205–2000. General
direction for resource preservation and party has entered an appearance in this information concerning the Commission
visitor experience over the next 20 to 40 review. Consequently, the public may also be obtained by accessing its
years. The GMP provides a framework hearing in connection with this review, Internet server (http://www.usitc.gov).
for proactive decision making, which scheduled to begin at 9:30 a.m. on The public record for this investigation
will allow park managers to effectively Thursday, April 28, 2016, at the U.S. may be viewed on the Commission’s
address future opportunities and International Trade Commission electronic docket (EDIS) at http://
problems. The approved GMP will also Building, is cancelled. Parties to this edis.usitc.gov. Hearing-impaired
serve as the basis for future detailed review should respond to any written persons are advised that information on
management documents, such as five- questions posed by the Commission in this matter can be obtained by
year strategic plans and project their posthearing briefs, which are due contacting the Commission’s TDD
implementation plans. to be filed on May 5, 2016. terminal on (202) 205–1810.
Dated: September 14, 2015. For further information concerning
this review see the Commission’s notice SUPPLEMENTARY INFORMATION: The
Martha J. Lee, Commission instituted this investigation
cited above and the Commission’s Rules
Acting Regional Director, Pacific West Region. on September 23, 2014, based on a
of Practice and Procedure, part 201,
Editorial Note: This document was subparts A through E (19 CFR part 201), complaint filed by RevoLaze, LLC and
received for publication by the Office of the and part 207, subparts A and C (19 CFR TechnoLines, LLC, both of Westlake,
Federal Register on April 12, 2016. part 207). Ohio (collectively, ‘‘RevoLaze’’). 79 Fed
[FR Doc. 2016–08841 Filed 4–15–16; 8:45 am]
Authority: This review is being conducted
Reg. 56828 (Sept. 23, 2014). The
BILLING CODE 4312–FF–P under authority of title VII of the Tariff Act complaint alleged violations of section
of 1930; this notice is published pursuant to 337 of the Tariff Act of 1930, as
section 207.62 of the Commission’s rules. amended, 19 U.S.C. 1337, by reason of
INTERNATIONAL TRADE By order of the Commission. the importation into the United States,
COMMISSION the sale for importation, and the sale
Issued: April 12, 2016.
within the United States after
[Investigation No. 731–TA–1070B (Second Lisa R. Barton,
importation of certain laser abraded
Review)] Secretary to the Commission. denim garments. The complaint alleged
[FR Doc. 2016–08797 Filed 4–15–16; 8:45 am] the infringement of seventy-one claims
Certain Tissue Paper Products From
China; Cancellation of Hearing for Full
BILLING CODE 7020–02–P of six United States patents. The notice
Five-Year Review of institution named twenty
respondents, including The Gap, Inc. of
AGENCY: United States International INTERNATIONAL TRADE San Francisco, California (‘‘Gap’’), who,
Trade Commission. COMMISSION one-by-one were terminated from the
ACTION: Notice. [Investigation No. 337–TA–930] investigation. On November 18, 2015,
the Commission terminated the last
DATES: Effective Date: April 12, 2016. Certain Laser Abraded Denim remaining respondents from the
FOR FURTHER INFORMATION CONTACT:
Garments; Commission Determination investigation on the basis of settlement
Justin Enck ((202) 205–3363), Office of To Review Order No. 43, and on and withdrawal of the complaint. 80 FR
Investigations, U.S. International Trade Review Vacating That Order as Moot; Reg. 73209, 73210 (Nov. 24, 2015).
Commission, 500 E Street SW., Termination of the Investigation However, previously in the
Washington, DC 20436. Hearing- AGENCY: U.S. International Trade investigation, the then-presiding ALJ
impaired persons can obtain Commission. disqualified complainants’ counsel
information on this matter by contacting ACTION: Notice. Dentons US LLP (‘‘Dentons US’’) in an
the Commission’s TDD terminal on 202– order that was not an initial
205–1810. Persons with mobility SUMMARY: Notice is hereby given that determination (‘‘ID’’). Order No. 43
impairments who will need special the U.S. International Trade (May 7, 2015). Subsequently, the ALJ
assistance in gaining access to the Commission (‘‘Commission’’) has granted (as an ID) Dentons US’s motion
Commission should contact the Office determined to review Order No. 43 to intervene regarding its
issued by the presiding administrative
mstockstill on DSK4VPTVN1PROD with NOTICES

of the Secretary at 202–205–2000. disqualification, Order No. 82 (Aug. 7,
General information concerning the law judge (‘‘ALJ’’). On review, the 2013), but denied (as an order) its
Commission may also be obtained by Commission has determined to vacate motion for reconsideration of Order No.
accessing its Internet server (http:// Order No. 43 because the law firm 43 as well as its request for leave to seek
www.usitc.gov). The public record for disqualification at issue has become interlocutory review before the
this review may be viewed on the moot. This investigation is terminated. Commission, Order No. 83 (Aug. 7,
Commission’s electronic docket (EDIS) FOR FURTHER INFORMATION CONTACT: 2015); see 19 CFR 210.24 (interlocutory
at http://edis.usitc.gov. Robert Needham, Office of the General review by the Commission). The

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Federal Register / Vol. 81, No. 74 / Monday, April 18, 2016 / Notices 22633

Commission determined not to review will be set forth more fully in a Nederland, Heerlen, THE
Order No. 82. Notice (Aug. 26, 2015). forthcoming opinion. NETHERLANDS; D.E. Solution sprl,
On October 27, 2015, in response to In light of its determination above, the Brussels, BELGIUM; Poway Unified
the issuance of an ID (Order No. 106), Commission has determined not to School District, Poway, CA; American
which terminated the investigation review Order No. 83, which denied as Institutes for Research, Washington, DC;
before the ALJ, Dentons US filed a untimely a motion of Dentons US and University of Bridgeport, Bridgeport,
petition for Commission review of Order Revolaze for reconsideration of Order CT; and Gutenberg Technology,
Nos. 43 and 83. See 19 CFR 210.24 No. 43 or for interlocutory review by the Cambridge, MA, have withdrawn as
(rulings by the ALJ ‘‘on motions may not Commission. parties to this venture.
be appealed to the Commission prior to The Commission notes that in April No other changes have been made in
the administrative law judge’s issuance 2016, it received several submissions either the membership or planned
of an initial determination’’). On from RevoLaze and Dentons US after the activity of the group research project.
November 3, 2015, and November 9, deadlines for submissions set forth in 19 Membership in this group research
2015, the Office of Unfair Import CFR 210.43 had passed. The project remains open, and IMS Global
Investigations and Gap, respectively, Commission rejects these submissions intends to file additional written
opposed Dentons’ petition. as untimely and procedurally improper, notifications disclosing all changes in
The Commission has determined to and did not consider them in making its membership.
review Order No. 43, and, on review, determination. On April 7, 2000, IMS Global filed its
has determined to vacate the The authority for the Commission’s original notification pursuant to section
disqualification decision as moot. In determination is contained in section 6(a) of the Act. The Department of
view of the final disposition of the 337 of the Tariff Act of 1930, as Justice published a notice in the Federal
investigation as to all respondents, the amended (19 U.S.C. 1337), and in Part Register pursuant to section 6(b) of the
issue of Dentons US’s disqualification 210 of the Commission’s Rules of Act on September 13, 2000 (65 FR
has no practical effect on this Practice and Procedure (19 CFR part 55283).
investigation. 210). The last notification was filed with
the Department on December 29, 2015.
Although the Commission has the Issued: April 12, 2016. A notice was published in the Federal
discretion to address issues that have By order of the Commission. Register pursuant to section 6(b) of the
become moot, it has determined not to Lisa R. Barton, Act on January 22, 2016 (81 FR 3820).
do so here. The disqualification in this
Secretary to the Commission.
investigation turns on whether Dentons Patricia A. Brink,
[FR Doc. 2016–08845 Filed 4–15–16; 8:45 am]
US and Dentons Canada LLP as Director of Civil Enforcement, Antitrust
BILLING CODE 7020–02–P
members of Salans FMC Denton Group Division.
(‘‘Dentons Verein’’) should be treated as [FR Doc. 2016–08803 Filed 4–15–16; 8:45 am]
a single law firm under the American BILLING CODE P
Bar Association’s Model Rules of DEPARTMENT OF JUSTICE
Professional Conduct (‘‘Model Rules’’)
in this investigation. Answering that Antitrust Division DEPARTMENT OF JUSTICE
question would require further
Notice Pursuant to the National Antitrust Division
proceedings, and potentially additional
Cooperative Research and Production
factfinding. In particular, Comment 2 to
Act of 1993—IMS Global Learning Notice Pursuant to the National
Model Rule 1.0 sets forth several factors
Consortium, Inc. Cooperative Research and Production
to consider in determining whether a
Act of 1993—Advanced Media
group of lawyers constitute a law firm, Notice is hereby given that, on March
Workflow Association, Inc.
including (1) how the lawyers present 18, 2016, pursuant to section 6(a) of the
themselves to the public, (2) whether National Cooperative Research and Notice is hereby given that, on March
the lawyers conduct themselves as a law Production Act of 1993, 15 U.S.C. 4301 23, 2015, pursuant to section 6(a) of the
firm, (3) the terms of any formal et seq. (‘‘the Act’’), IMS Global Learning National Cooperative Research and
agreement among the lawyers, and (4) Consortium, Inc. (‘‘IMS Global’’) has Production Act of 1993, 15 U.S.C. 4301
whether the lawyers have mutual access filed written notifications et seq. (‘‘the Act’’), Advanced Media
to client information. Here, the record simultaneously with the Attorney Workflow Association, Inc. has filed
lacks sufficient evidence on these General and the Federal Trade written notifications simultaneously
factors, especially as to the third factor, Commission disclosing changes in its with the Attorney General and the
because the Dentons Verein membership. The notifications were Federal Trade Commission disclosing
organizational agreements have not been filed for the purpose of extending the changes in its membership. The
made part of the record of the Act’s provisions limiting the recovery of notifications were filed for the purpose
investigation. The Commission has antitrust plaintiffs to actual damages of extending the Act’s provisions
decided that the added delay, burdens, under specified circumstances. limiting the recovery of antitrust
and expenses that would be incurred by Specifically, Baltimore County Public plaintiffs to actual damages under
the parties and the Commission in Schools, Baltimore, MD; Broward specified circumstances. Specifically,
resolving these issues are unjustified Community College, Fort Lauderdale, Arista Networks, Santa Clara, CA; Cisco
mstockstill on DSK4VPTVN1PROD with NOTICES

given the termination of the FL; explorance, Montreal, Quebec, International Limited, Feltham, UNITED
investigation as to all respondents. CANADA; its learning, Bergen, KINGDOM; Coveloz Technologies, Inc.,
Accordingly, the Commission has NORWAY; Katy Independent School Kanata, CANADA; Masstech
determined to review and vacate Order District, Katy, TX; and Purdue Innovations, Markham, Ontario,
No. 43, without deciding whether the University, West Lafayette, IN, have CANADA; Iain Collins (individual
disqualification in this investigation been added as parties to this venture. member), London, UNITED KINGDOM;
was appropriate. The reasoning in Also, EUN Partnership AISBL, Gabor Forgacs (individual member),
support of the Commission’s decision Brussels, BELGIUM; Open Universiteit Budapest, HUNGARY; Laurance Hughes

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Document Created: 2016-04-16 01:45:24
Document Modified: 2016-04-16 01:45:24

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		Robert Needham, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, telephone (202) 708-5468. 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 (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		81 FR 22632