81 FR 62920 - Certain Athletic Footwear; Institution of Investigation

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 81, Issue 177 (September 13, 2016)

Page Range		62920-62921
FR Document		2016-21971

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on August 10, 2016, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Reebok International Ltd. of Canton, Massachusetts and Reebok International Limited of England. Supplements were filed on August 12, 19, and 25, 2016. The complaint as supplemented alleges violations of section 337 based upon the importation into the United States, the sale for importation, and the sale within the United States after importation of certain athletic footwear by reason of infringement of certain claims of U.S. Patent No. 7,637,035 (``the '035 patent'') and U.S. Patent No. 8,505,221 (``the '221 patent''). The complaint further alleges that an industry in the United States exists as required by subsection (a)(2) of section 337. The complainants request that the Commission institute an investigation and, after the investigation, issue a limited exclusion order and cease and desist orders.

Federal Register, Volume 81 Issue 177 (Tuesday, September 13, 2016)

[Federal Register Volume 81, Number 177 (Tuesday, September 13, 2016)]
[Notices]
[Pages 62920-62921]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-21971]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-1018]


Certain Athletic Footwear; Institution of Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on August 10, 2016, under section 
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
Reebok International Ltd. of Canton, Massachusetts and Reebok 
International Limited of England. Supplements were filed on August 12, 
19, and 25, 2016. The complaint as supplemented alleges violations of 
section 337 based upon the importation into the United States, the sale 
for importation, and the sale within the United States after 
importation of certain athletic footwear by reason of infringement of 
certain claims of U.S. Patent No. 7,637,035 (``the '035 patent'') and 
U.S. Patent No. 8,505,221 (``the '221 patent''). The complaint further 
alleges that an industry in the United States exists as required by 
subsection (a)(2) of section 337.
    The complainants request that the Commission institute an 
investigation and, after the investigation, issue a limited exclusion 
order and cease and desist orders.

ADDRESSES: The complaint, except for any confidential information 
contained therein, is 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., Room 112, Washington, 
DC 20436, telephone (202) 205-2000. Hearing impaired individuals are 
advised that information on this matter can be obtained by contacting 
the Commission's TDD terminal on (202) 205-1810. Persons with mobility 
impairments who will need special assistance in gaining access to the 
Commission should contact the Office of the Secretary at (202) 205-
2000. General information concerning the Commission may also be 
obtained by accessing its internet server at https://www.usitc.gov. The 
public record for this investigation may be viewed on the Commission's 
electronic docket (EDIS) at https://edis.usitc.gov.

FOR FURTHER INFORMATION CONTACT: The Office of Docket Services, U.S. 
International Trade Commission, telephone (202) 205-1802.

    Authority: The authority for institution of this investigation 
is contained in section 337 of the Tariff Act of 1930, as amended, 
and in section 210.10 of the Commission's Rules of Practice and 
Procedure, 19 CFR 210.10 (2015).

    SCOPE OF INVESTIGATION: Having considered the complaint, the U.S. 
International Trade Commission, on September 7, 2016, ORDERED THAT--
    (1) Pursuant to subsection (b) of section 337 of the Tariff Act of 
1930, as amended, an investigation be instituted to determine whether 
there is a violation of subsection (a)(1)(B) of section 337 in the 
importation into the United States, the sale for importation, or the 
sale within the United States after importation of certain athletic 
footwear by reason of infringement of one or more of claims 1, 2, 9-15, 
18, 19, and 23-27 of the '035 patent and claims 1, 5, 6, and 11-15 of 
the '221 patent, and whether an industry in the United States exists as 
required by subsection (a)(2) of section 337;
    (2) For the purpose of the investigation so instituted, the 
following are hereby named as parties upon which this notice of 
investigation shall be served:
    (a) The complainants are:
Reebok International Ltd., 1895 J.W. Foster Boulevard, Canton, MA 
02021.
Reebok International Limited, 11/12 Pall Mall, London SW1Y 5LU, 
England.
    (b) The respondents are the following entities alleged to be in 
violation of section 337, and are the parties upon which the complaint 
is to be served:
TRB Acquisitions LLC, 34 West 33rd Street, 5th Floor, New York, NY 
10001.

[[Page 62921]]

RBX Active 01 LLC, 34 West 33rd Street, 5th Floor, New York, NY 10001.
RBX Direct LLC, 34 West 33rd Street, 5th Floor, New York, NY 10001.
RBX.COM LLC, 34 West 33rd Street, 5th Floor, New York, NY 10001.
Elite Performance Footwear, LLC, 10 West 33rd Street, Suite 804, New 
York, NY 10001.
    (3) For the investigation so instituted, the Chief Administrative 
Law Judge, U.S. International Trade Commission, shall designate the 
presiding Administrative Law Judge.
    The Office of Unfair Import Investigations will not participate as 
a party in this investigation.
    Responses to the complaint and the notice of investigation must be 
submitted by the named respondents in accordance with section 210.13 of 
the Commission's Rules of Practice and Procedure, 19 CFR 210.13. 
Pursuant to 19 CFR 201.16(e) and 210.13(a), such responses will be 
considered by the Commission if received not later than 20 days after 
the date of service by the Commission of the complaint and the notice 
of investigation. Extensions of time for submitting responses to the 
complaint and the notice of investigation will not be granted unless 
good cause therefor is shown.
    Failure of a respondent to file a timely response to each 
allegation in the complaint and in this notice may be deemed to 
constitute a waiver of the right to appear and contest the allegations 
of the complaint and this notice, and to authorize the administrative 
law judge and the Commission, without further notice to the respondent, 
to find the facts to be as alleged in the complaint and this notice and 
to enter an initial determination and a final determination containing 
such findings, and may result in the issuance of an exclusion order or 
a cease and desist order or both directed against the respondent.

    By order of the Commission.

    Issued: September 8, 2016.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2016-21971 Filed 9-12-16; 8:45 am]
 BILLING CODE 7020-02-P

62920 Federal Register / Vol. 81, No. 177 / Tuesday, September 13, 2016 / Notices

Counsel, U.S. International Trade On August 25, 2016, the ALJ granted Secretary, U.S. International Trade
Commission, 500 E Street SW., the motion as the subject ID (Order No. Commission, 500 E Street SW., Room
Washington, DC 20436, telephone (202) 2). The ALJ found that the motion 112, Washington, DC 20436, telephone
205–3104. Copies of non-confidential complied with Commission Rules, and (202) 205–2000. Hearing impaired
documents filed in connection with this that extraordinary circumstances did individuals are advised that information
investigation are or will be available for not exist to prevent granting the motion. on this matter can be obtained by
inspection during official business Id. at 3; see 19 CFR 210.21(a). No contacting the Commission’s TDD
hours (8:45 a.m. to 5:15 p.m.) in the petitions for review of the ID were filed. terminal on (202) 205–1810. Persons
Office of the Secretary, U.S. The Commission has determined not to with mobility impairments who will
International Trade Commission, 500 E review the ID. need special assistance in gaining access
Street SW., Washington, DC 20436, The authority for the Commission’s to the Commission should contact the
telephone (202) 205–2000. General determination is contained in section Office of the Secretary at (202) 205–
information concerning the Commission 337 of the Tariff Act of 1930, as 2000. General information concerning
may also be obtained by accessing its amended (19 U.S.C. 1337), and in part the Commission may also be obtained
Internet server at https://www.usitc.gov. 210 of the Commission’s Rules of by accessing its internet server at
The public record for this investigation Practice and Procedure (19 CFR 210). https://www.usitc.gov. The public
may be viewed on the Commission’s By order of the Commission. record for this investigation may be
electronic docket (EDIS) at https:// Issued: September 7, 2016. viewed on the Commission’s electronic
edis.usitc.gov. Hearing-impaired Lisa R. Barton,
docket (EDIS) at https://edis.usitc.gov.
persons are advised that information on FOR FURTHER INFORMATION CONTACT: The
Secretary to the Commission.
this matter can be obtained by Office of Docket Services, U.S.
[FR Doc. 2016–21903 Filed 9–12–16; 8:45 am]
contacting the Commission TDD International Trade Commission,
terminal on (202) 205–1810. BILLING CODE 7020–02–P
telephone (202) 205–1802.
SUPPLEMENTARY INFORMATION: The
Authority: The authority for institution of
Commission instituted this investigation INTERNATIONAL TRADE this investigation is contained in section 337
on August 16, 2016, based on a COMMISSION of the Tariff Act of 1930, as amended, and
complaint filed by Cambria Company in section 210.10 of the Commission’s Rules
LLC (Cambria) of Belle Plaine, [Inv. No. 337–TA–1018] of Practice and Procedure, 19 CFR 210.10
Minnesota. 81 FR 54600–1 (Aug. 16, (2015).
2016). The complaint alleged violations Certain Athletic Footwear; Institution
of section 337 of the Tariff Act of 1930, of Investigation SCOPE OF INVESTIGATION: Having
as amended (19 U.S.C. 1337), in the AGENCY: U.S. International Trade considered the complaint, the U.S.
importation into the United States, the Commission. International Trade Commission, on
sale for importation, or the sale within ACTION: Notice. September 7, 2016, ORDERED THAT—
the United States after importation of (1) Pursuant to subsection (b) of
certain quartz slabs and portions SUMMARY: Notice is hereby given that a section 337 of the Tariff Act of 1930, as
thereof. The alleged violation of section complaint was filed with the U.S. amended, an investigation be instituted
337 is based upon infringement of U.S. International Trade Commission on to determine whether there is a
Patent No. D712,666; U.S. Patent No. August 10, 2016, under section 337 of violation of subsection (a)(1)(B) of
D712,670; U.S. Patent No. D751,298; the Tariff Act of 1930, as amended, 19 section 337 in the importation into the
U.S. Patent No. D712,161; and U.S. U.S.C. 1337, on behalf of Reebok United States, the sale for importation,
Patent No. D737,058. The notice of International Ltd. of Canton, or the sale within the United States after
investigation named as the respondents: Massachusetts and Reebok International importation of certain athletic footwear
Stylen Quaza LLC DBA Vicostone USA Limited of England. Supplements were by reason of infringement of one or
of Dallas, Texas; Vicostone Joint Stock filed on August 12, 19, and 25, 2016. more of claims 1, 2, 9–15, 18, 19, and
Company of Vietnam; Building Plastics, The complaint as supplemented alleges 23–27 of the ’035 patent and claims 1,
Inc. of Memphis, Tennessee; Fasa violations of section 337 based upon the 5, 6, and 11–15 of the ’221 patent, and
Industrial Corporation, Ltd. of China; importation into the United States, the whether an industry in the United
Foshan FASA Building Material Co., sale for importation, and the sale within States exists as required by subsection
Ltd. of China; Solidtops LLC, of Oxford, the United States after importation of (a)(2) of section 337;
Maryland; Dorado Soapstone LLC of certain athletic footwear by reason of (2) For the purpose of the
Denver, Colorado; and Pental Granite infringement of certain claims of U.S. investigation so instituted, the following
and Marble Inc. (Pental) of Seattle, Patent No. 7,637,035 (‘‘the ’035 patent’’) are hereby named as parties upon which
Washington. 81 FR 54601. The Office of and U.S. Patent No. 8,505,221 (‘‘the ’221 this notice of investigation shall be
Unfair Import Investigations was also patent’’). The complaint further alleges served:
named as a party. Id. that an industry in the United States
(a) The complainants are:
On August 23, 2016, Cambria moved exists as required by subsection (a)(2) of
to terminate the investigation in its section 337. Reebok International Ltd., 1895 J.W.
entirety based upon withdrawal of the The complainants request that the Foster Boulevard, Canton, MA 02021.
complaint. On August 24, 2016, Commission institute an investigation Reebok International Limited, 11/12 Pall
respondent Pental responded that it and, after the investigation, issue a Mall, London SW1Y 5LU, England.
limited exclusion order and cease and (b) The respondents are the following
Lhorne on DSK30JT082PROD with NOTICES

does not oppose the motion to
terminate, but strongly denies the desist orders. entities alleged to be in violation of
allegations against it set forth in ADDRESSES: The complaint, except for section 337, and are the parties upon
Cambria’s complaint. On August 24, any confidential information contained which the complaint is to be served:
2016, the Commission investigative therein, is available for inspection TRB Acquisitions LLC, 34 West 33rd
attorney responded in support of the during official business hours (8:45 a.m. Street, 5th Floor, New York, NY
motion. to 5:15 p.m.) in the Office of the 10001.

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Federal Register / Vol. 81, No. 177 / Tuesday, September 13, 2016 / Notices 62921

RBX Active 01 LLC, 34 West 33rd INTERNATIONAL TRADE access to the Commission should
Street, 5th Floor, New York, NY COMMISSION contact the Office of the Secretary at
10001. 202–205–2000.
[Investigation No. U.S.-Morocco FTA–103–
RBX Direct LLC, 34 West 33rd Street, 030] BACKGROUND: In his request letter, the
5th Floor, New York, NY 10001. USTR stated that U.S. negotiators have
Probable Economic Effect of Certain recently reached agreement in principle
RBX.COM LLC, 34 West 33rd Street, 5th with representatives of the government
Modifications to the U.S.-Morocco FTA
Floor, New York, NY 10001. Rules of Origin of Morocco on certain proposed
Elite Performance Footwear, LLC, 10 modifications to the textile and apparel
West 33rd Street, Suite 804, New AGENCY: United States International goods rules of origin contained in the
York, NY 10001. Trade Commission. U.S.-Morocco Free Trade Agreement
ACTION: Notice of institution of (U.S.-Morocco FTA). The USTR noted
(3) For the investigation so instituted, investigation and opportunity to
the Chief Administrative Law Judge, that § 203(j)(2)(B)(i) of the United States-
provide written comments. Morocco Free Trade Agreement
U.S. International Trade Commission,
Implementation Act (the Act) authorizes
shall designate the presiding SUMMARY: Following receipt of a request
the President, subject to the
Administrative Law Judge. on August 24, 2016, from the United
consultation and layover requirements
The Office of Unfair Import States Trade Representative (USTR), the
of § 104 of the Act, to proclaim such
Investigations will not participate as a Commission instituted investigation No.
modifications to the rules of origin as
103–030, Probable Economic Effect of
party in this investigation. are necessary to implement an
Certain Modifications to the U.S.-
Responses to the complaint and the agreement with Morocco pursuant to
Morocco FTA Rules of Origin, for the
notice of investigation must be Annex 4.3 of the FTA. The USTR
purpose of providing the advice
submitted by the named respondents in further stated that one of the
required under § 104(1) of the United
accordance with section 210.13 of the requirements set out in § 104(1) is that
States-Morocco Free Trade Agreement
Commission’s Rules of Practice and the President obtain advice regarding
Implementation Act.
the proposed action from the U.S.
Procedure, 19 CFR 210.13. Pursuant to DATES: October 13, 2016: Deadline for
International Trade Commission.
19 CFR 201.16(e) and 210.13(a), such filing written submissions. In his request letter, the USTR asked
responses will be considered by the January 24, 2017: Transmittal of that the Commission provide advice on
Commission if received not later than 20 Commission report to USTR. the probable economic effect of the
days after the date of service by the ADDRESSES: All Commission offices, proposed modifications on U.S. trade
Commission of the complaint and the including the Commission’s hearing under the U.S.-Morocco FTA, total U.S.
notice of investigation. Extensions of rooms, are located in the United States trade, and on domestic producers of the
time for submitting responses to the International Trade Commission affected articles. The affected articles
complaint and the notice of Building, 500 E Street SW., Washington, identified in the proposal are certain
investigation will not be granted unless DC. All written submissions should be apparel goods, including dresses, skirts,
good cause therefor is shown. addressed to the Secretary, United blouses, tops, shirts, shirt-blouses, and
States International Trade Commission, pants. The request letter and the
Failure of a respondent to file a timely
500 E Street SW., Washington, DC complete list of proposed modifications
response to each allegation in the
20436. The public record for this are available on the Commission’s Web
complaint and in this notice may be investigation may be viewed on the
deemed to constitute a waiver of the site at https://www.usitc.gov/
Commission’s Electronic Document research_and_analysis/
right to appear and contest the Information System (EDIS) at https:// what_we_are_working_on.htm. As
allegations of the complaint and this edis.usitc.gov. requested, the Commission will provide
notice, and to authorize the
FOR FURTHER INFORMATION CONTACT: its advice to USTR by January 24, 2017.
administrative law judge and the
Project leader Mahnaz Khan (202–205– WRITTEN SUBMISSIONS: No public hearing
Commission, without further notice to
2046 or mahnaz.khan@usitc.gov) or is planned for this investigation.
the respondent, to find the facts to be as
deputy project leader Heidi Colby- However, interested parties are invited
alleged in the complaint and this notice
Oizumi (202–205–3391 or to file written submissions concerning
and to enter an initial determination heidi.colby@usitc.gov) for information this investigation. All written
and a final determination containing specific to this investigation. For submissions should be addressed to the
such findings, and may result in the information on the legal aspects of this Secretary, and all such submissions
issuance of an exclusion order or a cease investigation, contact William Gearhart should be received not later than 5:15
and desist order or both directed against of the Commission’s Office of the p.m., October 13, 2016. All written
the respondent. General Counsel (202–205–3091 or submissions must conform with the
By order of the Commission. william.gearhart@usitc.gov). The media provisions of § 201.8 of the
Issued: September 8, 2016. should contact Margaret O’Laughlin, Commission’s Rules of Practice and
Office of External Relations (202–205– Procedure (19 CFR 201.8). Section 201.8
Lisa R. Barton,
1819 or margaret.olaughlin@usitc.gov). and the Commission’s Handbook on
Secretary to the Commission. Hearing-impaired individuals may Filing Procedures require that interested
[FR Doc. 2016–21971 Filed 9–12–16; 8:45 am] obtain information on this matter by parties file documents electronically on
Lhorne on DSK30JT082PROD with NOTICES

BILLING CODE 7020–02–P contacting the Commission’s TDD or before the filing deadline and submit
terminal at 202–205–1810. General eight (8) true paper copies by 12:00 p.m.
information concerning the Commission eastern time on the next business day.
may also be obtained by accessing its In the event that confidential treatment
Internet server (https://www.usitc.gov). of a document is requested, interested
Persons with mobility impairments who parties must file, at the same time as the
will need special assistance in gaining eight paper copies, at least four (4)

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Document Created: 2018-02-09 13:16:43
Document Modified: 2018-02-09 13:16:43

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		The Office of Docket Services, U.S. International Trade Commission, telephone (202) 205-1802.
FR Citation		81 FR 62920