81 FR 94417 - Certain Foam Footwear; Commission Determination To Adopt a Report Issued by the Office of Unfair Import Investigations as Its Advisory Opinion
INTERNATIONAL TRADE COMMISSION Federal Register Volume 81, Issue 247 (December 23, 2016)
Federal Register Volume 81, Issue 247 (December 23, 2016)
| Page Range | 94417-94418 | |
| FR Document | 2016-31051 |
[Federal Register Volume 81, Number 247 (Friday, December 23, 2016)] [Notices] [Pages 94417-94418] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-31051] ----------------------------------------------------------------------- INTERNATIONAL TRADE COMMISSION [Investigation No. 337-TA-567 (Advisory Opinion Proceeding)] Certain Foam Footwear; Commission Determination To Adopt a Report Issued by the Office of Unfair Import Investigations as Its Advisory Opinion AGENCY: U.S. International Trade Commission. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: Notice is hereby given that the U.S. International Trade Commission has determined to adopt the report prepared by the Office of Unfair Import Investigations (``OUII'') as the Commission's advisory opinion in the above-captioned proceeding. FOR FURTHER INFORMATION CONTACT: Clint 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 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. 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 May 11, 2006, based on a complaint, as amended, filed by Crocs, Inc. (``Crocs'') of Niwot, Colorado. 71 FR 27514-15 (May 11, 2006). The complaint alleged, inter alia, violations of section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), in the importation into the United States, the sale for importation, and the sale within the United States after importation of certain foam footwear, by reason of infringement of claims 1-2 of U.S. Patent No. 6,993,858 (``the '858 patent'') and U.S. Patent No. D517,789 (``the '789 patent''). The notice of investigation named several respondents including Double Diamond Distribution Ltd. (``Double Diamond'') of Saskatoon, Canada. On July 25, 2008, the Commission issued its final determination finding no [[Page 94418]] violation of section 337 based on non-infringement and non-satisfaction of the technical prong of the domestic industry requirement with respect to the '789 patent, and invalidity of the '858 patent as obvious under 35 U.S.C. 103. 73 FR 45073-74 (Aug. 1, 2008). On July 15, 2011, after an appeal to the U.S. Court of Appeals for the Federal Circuit and subsequent remand vacating the Commission's previous finding of no violation, the Commission found a violation of section 337 based on infringement of the asserted claims of the patents and issued a general exclusion order and, inter alia, a cease and desist order directed against Double Diamond. 76 FR 43723-24 (July 21, 2011). On July 12, 2016, Double Diamond and U.S.A. Dawgs, Inc. (``USA Dawgs'') of Las Vegas, Nevada (collectively, the ``requesters'') petitioned for institution of an advisory opinion proceeding as to whether their Fleece Dawgs footwear is covered by the general exclusion order or cease and desist order directed against Double Diamond. No responses were filed. On August 11, 2016, the Commission determined that requesters' petition complied with the requirements for institution of an advisory opinion proceeding under Commission Rule 210.79. The Commission therefore determined to institute an advisory opinion proceeding and assigned the proceeding to OUII. 81 FR 54820 (Aug. 17, 2016). The Commission assigned OUII the task of investigating and preparing a report concerning requesters' Fleece Dawgs footwear, and it named Crocs, Double Diamond, and USA Dawgs as parties to the proceeding. On November 7, 2016, OUII issued a report concluding that requesters' Mossy Oak Women's Fleece Dawgs footwear (``the Subject Articles'') is not covered by the general exclusion order and cease and desist order directed against Double Diamond issued in the underlying investigation. In so doing, OUII concluded, inter alia, that (1) requesters met their burden of showing non-infringement by the Subject Articles with respect to the claim term ``strap section'' for claims 1- 2 of the '858 patent; and (2) the Subject Articles do not meet the ``ordinary observer'' test for infringement of the '789 patent. See Crocs, Inc. v. ITC, 598 F.3d 1294, 1302 (Fed. Cir. 2010). No party filed comments on the OUII report. After reviewing the report, the Commission has determined to adopt the report issued by OUII as its advisory opinion in this proceeding. 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). By order of the Commission. Issued: December 20, 2016. Lisa R. Barton, Secretary to the Commission. [FR Doc. 2016-31051 Filed 12-22-16; 8:45 am] BILLING CODE 7020-02-P
![Federal Register / Vol. 81, No. 247 / Friday, December 23, 2016 / Notices 94417
required for establishing a Section 337 Persons filing written submissions INTERNATIONAL TRADE
violation based on a claim alleging a must file the original document COMMISSION
conspiracy to fix prices and control electronically on or before the deadlines
[Investigation No. 337–TA–567 (Advisory
output and export volumes as a matter stated above and submit eight (8) true Opinion Proceeding)]
of law and/or policy. Please include an paper copies to the Office of the
analysis of any relevant statutory Secretary by noon the next day pursuant Certain Foam Footwear; Commission
language, legislative history, to section 210.4(f) of the Commission’s Determination To Adopt a Report
Commission determinations, case law, Rules of Practice and Procedure (19 CFR Issued by the Office of Unfair Import
or other authority. 210.4(f)). Submissions should refer to Investigations as Its Advisory Opinion
5. Please explain whether good cause the investigation number (‘‘Inv. No.
exists under Commission Rule 210.14 to 337–TA–1002’’) in a prominent place on AGENCY: U.S. International Trade
amend the complaint, presuming the the cover page and/or the first page. (See Commission.
Complainant is required to plead Handbook for Electronic Filing ACTION: Notice.
‘‘antitrust injury’’ in its complaint. Procedures, https://www.usitc.gov/
6. To the extent not specifically SUMMARY: Notice is hereby given that
secretary/fed_reg_notices/rules/
requested above, please further explain the U.S. International Trade
handbook_on_electronic_filing.pdf).
any other legal reasoning and/or Commission has determined to adopt
Persons with questions regarding filing
argument (with citation to legal the report prepared by the Office of
should contact the Secretary (202–205–
authority) advanced before the ALJ with Unfair Import Investigations (‘‘OUII’’) as
2000).
respect to Order No. 38, and/or raised in the Commission’s advisory opinion in
Any person desiring to submit a
a corresponding petition for review of the above-captioned proceeding.
document to the Commission in
the ID, and not otherwise waived, why confidence must request confidential FOR FURTHER INFORMATION CONTACT:
Complainant’s antitrust claim should or treatment. All such requests should be Clint Gerdine, Office of the General
should not be terminated at the present directed to the Secretary to the Counsel, U.S. International Trade
stage of the investigation. Commission and must include a full Commission, 500 E Street SW.,
Written Submissions: The parties to statement of the reasons why the Washington, DC 20436, telephone (202)
the investigation, including the Office of Commission should grant such 708–2310. Copies of non-confidential
Unfair Import Investigations, and treatment. See 19 CFR 201.6. Documents documents filed in connection with this
interested government agencies are for which confidential treatment by the investigation are or will be available for
requested to file written submissions on Commission is properly sought will be inspection during official business
the issues identified in this notice. treated accordingly. All information, hours (8:45 a.m. to 5:15 p.m.) in the
Written submissions must be filed no including confidential business Office of the Secretary, U.S.
later than close of business on January International Trade Commission, 500 E
information and documents for which
17, 2017 and may not exceed 50 pages Street SW., Washington, DC 20436,
confidential treatment is properly
in length, exclusive of any exhibits. telephone (202) 205–2000. General
sought, submitted to the Commission for
Responsive submissions must be filed information concerning the Commission
purposes of this Investigation may be
no later than the close of business on may also be obtained by accessing its
disclosed to and used: (i) By the
February 1, 2017 and may not exceed 25 Internet server at https://www.usitc.gov.
Commission, its employees and Offices,
pages in length, exclusive of any The public record for this investigation
and contract personnel (a) for
exhibits. No further submissions on any may be viewed on the Commission’s
developing or maintaining the records
of these issues will be permitted unless electronic docket (EDIS) at https://
of this or a related proceeding, or (b) in
otherwise ordered by the Commission. edis.usitc.gov. Hearing-impaired
internal investigations, audits, reviews, persons are advised that information on
Oral Argument: Upon review of
and evaluations relating to the this matter can be obtained by
written submissions, the Commission
programs, personnel, and operations of contacting the Commission’s TDD
will determine whether to conduct oral
the Commission including under 5 terminal on (202) 205–1810.
argument. Notice of the Commission’s
U.S.C. Appendix 3; or (ii) by U.S.
determination will be announced no SUPPLEMENTARY INFORMATION: The
government employees and contract
later than February 24, 2017. Any oral Commission instituted this investigation
personnel 1, solely for cybersecurity
argument, if granted, will be held on on May 11, 2006, based on a complaint,
March 14, 2017. The oral argument purposes. All nonconfidential written
as amended, filed by Crocs, Inc.
would be expected to last two hours. submissions will be available for public
(‘‘Crocs’’) of Niwot, Colorado. 71 FR
Further details about the specifics of the inspection at the Office of the Secretary
27514–15 (May 11, 2006). The
oral argument will be forthcoming if one and on EDIS.
The authority for the Commission’s complaint alleged, inter alia, violations
is granted. of section 337 of the Tariff Act of 1930,
The written submissions and any oral determination is contained in section
as amended (19 U.S.C. 1337), in the
argument must be limited to 337 of the Tariff Act of 1930, as
importation into the United States, the
explanation and analysis of the existing amended (19 U.S.C. 1337), and in part
sale for importation, and the sale within
factual record in this investigation in 210 of the Commission’s Rules of
the United States after importation of
view of governing legal authority as Practice and Procedure (19 CFR part
certain foam footwear, by reason of
applied to the issues identified in this 210).
infringement of claims 1–2 of U.S.
notice. The written submissions and the By order of the Commission. Patent No. 6,993,858 (‘‘the ’858 patent’’)
oral argument shall not include the Issued: December 19, 2016. and U.S. Patent No. D517,789 (‘‘the ’789
mstockstill on DSK3G9T082PROD with NOTICES
submission of any factual evidence, Lisa R. Barton, patent’’). The notice of investigation
such as testimony or documents, not Secretary to the Commission. named several respondents including
already in the factual record of this [FR Doc. 2016–30934 Filed 12–22–16; 8:45 am] Double Diamond Distribution Ltd.
investigation, absent the grant of BILLING CODE 7020–02–P (‘‘Double Diamond’’) of Saskatoon,
specific permission to submit new Canada.
evidence based upon good cause shown 1 All contract personnel will sign appropriate On July 25, 2008, the Commission
upon consideration of a specific request. nondisclosure agreements. issued its final determination finding no
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![94418 Federal Register / Vol. 81, No. 247 / Friday, December 23, 2016 / Notices
violation of section 337 based on non- the report issued by OUII as its advisory (EA–2F) Examination in order to make
infringement and non-satisfaction of the opinion in this proceeding. recommendations relative thereto,
technical prong of the domestic industry The authority for the Commission’s including the minimum acceptable pass
requirement with respect to the ’789 determination is contained in section score. Topics for inclusion on the
patent, and invalidity of the ’858 patent 337 of the Tariff Act of 1930, as syllabus for the Joint Board’s
as obvious under 35 U.S.C. 103. 73 FR amended (19 U.S.C. 1337), and in part examination program for the May 2017
45073–74 (Aug. 1, 2008). On July 15, 210 of the Commission’s Rules of Basic (EA–1) Examination and the May
2011, after an appeal to the U.S. Court Practice and Procedure (19 CFR part 2017 Pension (EA–2L) Examination also
of Appeals for the Federal Circuit and 210). will be discussed.
subsequent remand vacating the By order of the Commission. A determination has been made as
Commission’s previous finding of no Issued: December 20, 2016. required by section 10(d) of the Federal
violation, the Commission found a Advisory Committee Act, 5 U.S.C. App.,
Lisa R. Barton,
violation of section 337 based on that the portions of the meeting dealing
infringement of the asserted claims of Secretary to the Commission.
[FR Doc. 2016–31051 Filed 12–22–16; 8:45 am]
with the discussion of questions that
the patents and issued a general may appear on the Joint Board’s
exclusion order and, inter alia, a cease BILLING CODE 7020–02–P
examinations and the review of the
and desist order directed against Double November 2016 Pension (EA–2F)
Diamond. 76 FR 43723–24 (July 21, Examination fall within the exceptions
2011). JOINT BOARD FOR THE to the open meeting requirement set
On July 12, 2016, Double Diamond ENROLLMENT OF ACTUARIES forth in 5 U.S.C. 552b(c)(9)(B), and that
and U.S.A. Dawgs, Inc. (‘‘USA Dawgs’’) the public interest requires that such
of Las Vegas, Nevada (collectively, the Meeting of the Advisory Committee;
portions be closed to public
‘‘requesters’’) petitioned for institution Meeting
participation.
of an advisory opinion proceeding as to AGENCY: Joint Board for the Enrollment
whether their Fleece Dawgs footwear is The portion of the meeting dealing
of Actuaries. with the discussion of the other topics
covered by the general exclusion order
ACTION: Notice of Federal Advisory will commence at 1:00 p.m. on January
or cease and desist order directed
against Double Diamond. No responses Committee meeting. 9, 2017, and will continue for as long as
were filed. necessary to complete the discussion,
SUMMARY: The Executive Director of the but not beyond 3:00 p.m. Time
On August 11, 2016, the Commission Joint Board for the Enrollment of permitting, after the close of this
determined that requesters’ petition Actuaries gives notice of a meeting of discussion by Committee members,
complied with the requirements for the Advisory Committee on Actuarial interested persons may make statements
institution of an advisory opinion Examinations (portions of which will be germane to this subject. Persons wishing
proceeding under Commission Rule open to the public) in Arlington, VA, on to make oral statements should notify
210.79. The Commission therefore January 9–10, 2017. the Executive Director in writing prior
determined to institute an advisory DATES: Monday, January 9, 2017, from to the meeting in order to aid in
opinion proceeding and assigned the 9:00 a.m. to 5:00 p.m., and Tuesday, scheduling the time available and
proceeding to OUII. 81 FR 54820 (Aug. January 10, 2017, from 8:30 a.m. to 5:00 should submit the written text, or at a
17, 2016). The Commission assigned p.m. minimum, an outline of comments they
OUII the task of investigating and
ADDRESSES: The meeting will be held at propose to make orally. Such comments
preparing a report concerning
the Internal Revenue Service, 2345 will be limited to 10 minutes in length.
requesters’ Fleece Dawgs footwear, and
Crystal Drive, Suite 400, Arlington, VA All persons planning to attend the
it named Crocs, Double Diamond, and
22202. public session should notify the
USA Dawgs as parties to the proceeding.
FOR FURTHER INFORMATION CONTACT: Executive Director in writing to obtain
On November 7, 2016, OUII issued a building entry. Notifications of intent to
report concluding that requesters’ Patrick W. McDonough, Executive
Director of the Joint Board for the make an oral statement or to attend
Mossy Oak Women’s Fleece Dawgs must be sent electronically, by no later
footwear (‘‘the Subject Articles’’) is not Enrollment of Actuaries, at 703–414–
2173. than January 2, 2017, to nhqjbea@
covered by the general exclusion order irs.gov. Any interested person also may
and cease and desist order directed SUPPLEMENTARY INFORMATION: Notice is file a written statement for
against Double Diamond issued in the hereby given that the Advisory consideration by the Joint Board and the
underlying investigation. In so doing, Committee on Actuarial Examinations Committee by mailing it to: Internal
OUII concluded, inter alia, that (1) will meet at the Internal Revenue Revenue Service; Attn: Patrick W.
requesters met their burden of showing Service, 2345 Crystal Drive, Suite 400, McDonough, Executive Director; Joint
non-infringement by the Subject Arlington, VA 22202, on Monday, Board for the Enrollment of Actuaries
Articles with respect to the claim term January 9, 2017, from 9:00 a.m. to 5:00 SE:RPO; Park 4, Floor 4; 1111
‘‘strap section’’ for claims 1–2 of the p.m., and Tuesday, January 10, 2017, Constitution Avenue NW; Washington,
’858 patent; and (2) the Subject Articles from 8:30 a.m. to 5:00 p.m. DC 20224.
do not meet the ‘‘ordinary observer’’ test The purpose of the meeting is to
Dated: December 16, 2016.
mstockstill on DSK3G9T082PROD with NOTICES
for infringement of the ’789 patent. See discuss topics and questions that may
Crocs, Inc. v. ITC, 598 F.3d 1294, 1302 be recommended for inclusion on future Patrick W. McDonough,
(Fed. Cir. 2010). No party filed Joint Board examinations in actuarial Executive Director, Joint Board for the
comments on the OUII report. mathematics and methodology referred Enrollment of Actuaries.
After reviewing the report, the to in 29 U.S.C. 1242(a)(1)(B) and to [FR Doc. 2016–30903 Filed 12–22–16; 8:45 am]
Commission has determined to adopt review the November 2016 Pension BILLING CODE 4830–01–P
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Document Created: 2016-12-23 12:29:25
Document Modified: 2016-12-23 12:29:25
| 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 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 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. 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 94417 |
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