Notice2021-25377
Certain Casual Footwear and Packaging Thereof; Commission Determination Not To Review Two Initial Determinations To Add Certain New Respondents, To Partially Terminate the Investigation With Respect to Certain Other Respondents, and To Extend the Target Date
Primary source
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Published
November 22, 2021
Issuing agencies
International Trade Commission
Abstract
Notice is hereby given that the U.S. International Trade Commission ("Commission") has determined not to review two initial determinations ("ID") issued by the presiding chief administrative law judge ("CALJ") to: (i) Amend the complaint and notice of investigation to add certain new respondents and partially terminate the investigation with respect to certain other respondents (Order No. 30); and (ii) extend the target date for completion of this investigation to May 9, 2023 (Order No. 31).
Full Text
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<title>Federal Register, Volume 86 Issue 222 (Monday, November 22, 2021)</title>
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[Federal Register Volume 86, Number 222 (Monday, November 22, 2021)]
[Notices]
[Pages 66337-66338]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-25377]
[[Page 66337]]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1270]
Certain Casual Footwear and Packaging Thereof; Commission
Determination Not To Review Two Initial Determinations To Add Certain
New Respondents, To Partially Terminate the Investigation With Respect
to Certain Other Respondents, and To Extend the Target Date
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 not to review two initial
determinations (``ID'') issued by the presiding chief administrative
law judge (``CALJ'') to: (i) Amend the complaint and notice of
investigation to add certain new respondents and partially terminate
the investigation with respect to certain other respondents (Order No.
30); and (ii) extend the target date for completion of this
investigation to May 9, 2023 (Order No. 31).
FOR FURTHER INFORMATION CONTACT: Carl P. Bretscher, Esq., Office of the
General Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202) 205-2382. Copies of non-
confidential documents filed in connection with this investigation may
be viewed on the Commission's electronic docket (EDIS) at <a href="https://edis.usitc.gov">https://edis.usitc.gov</a>. For help accessing EDIS, please email
<a href="/cdn-cgi/l/email-protection#90d5d4d9c3a3d8f5fce0d0e5e3f9e4f3bef7ffe6"><span class="__cf_email__" data-cfemail="bffafbf6ec8cf7dad3cfffcaccd6cbdc91d8d0c9">[email protected]</span></a>. General information concerning the Commission may
also be obtained by accessing its internet server at <a href="https://www.usitc.gov">https://www.usitc.gov</a>. 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 July 9, 2021, based on a complaint filed by Crocs, Inc. of
Broomfield, Colorado (``Crocs''). 86 FR 36303-304 (July 9, 2021). The
complaint, as supplemented, alleges violations of section 337 of the
Tariff Act of 1930, as amended, 19 U.S.C. 1337 (``Section 337''), in
the importation into the United States, sale for importation, or sale
in the United States after importation of certain casual footwear and
packaging thereof by reason of infringement of one of more of U.S.
Trademark Registration Nos. 3,836,415; 5,149,328; and 5,273,875. Id.
The complaint further alleges that a domestic industry exists. Id.
The Commission's notice of investigation named twenty-three
respondents: Hawkins Footwear, Sports, Military & Dixie Store of
Brunswick, Georgia (``Hawkins''); Bijora, Inc. d/b/a Akira of Chicago,
Illinois (``Akira''); Yoki Fashion International LLC of New York, New
York (``Yoki''); Dr. Leonard's Healthcare Corp. d/b/a Carol Wright of
Edison, New Jersey (``Dr. Leonard's''); Cape Robbin Inc. of Pomona,
California (``Cape Robbin''); SG Footwear Meser Grp. Inc. a/k/a
Goldberg & Co. of Hackensack, New Jersey (``SG Footwear''); Skechers
USA, Inc. of Manhattan Beach, California (``Skechers''); Fujian Huayan
Well Import and Export Trade Co., Ltd. of Fuzhou, Fujian Province,
China (``Fujian''); Fullbeauty Brands Inc. of New York, New York
(``Fullbeauty''); Legend Footwear, Inc. d/b/a Wild Diva of City of
Industry, California (``Wild Diva''); Crocsky of Austin, Texas
(``Crocsky''); Hobibear Shoes and Clothes Ltd. of Brighton, Colorado
(``Hobibear''); Ink Tee of Los Angeles, California (``Ink Tee''); Hobby
Lobby Stores, Inc. of Oklahoma City, Oklahoma (``Hobby Lobby''); La
Modish Boutique of West Covina, California; Loeffler Randall Inc. of
New York, New York (``Loeffler Randall''); Maxhouse Rise Ltd. of Hong
Kong (``Maxhouse Rise''); PW Shoes, Inc. of Maspeth, New York; Shoe-
Nami Inc. of Gretna, Louisiana; Star Bay Group Inc. of Hackensack, New
Jersey; Quanzhou ZhengDe Network Corp. of Quanzhou, Fujian Province,
China; 718 Closeouts of Brooklyn, New York; and Royal Deluxe
Accessories, LLC of New Providence, New Jersey. The Office of Unfair
Import Investigations (``OUII'') was also named as a party to this
investigation.
On August 24, 2021, the Commission partially terminated the
investigation with respect to Skechers based on a settlement agreement
between Crocs and Skechers. Order No. 12 (Aug. 11, 2021), unreviewed by
Comm'n Notice (Aug. 24, 2021). The Commission has also partially
terminated the investigation with respect to certain respondents based
on settlement agreements, consent orders, and consent order
stipulations and issued the consent orders accordingly. See Order No.
16 (Aug. 26, 2021) (terminating SG Footwear), Order No. 17 (Aug. 16,
2021) (Cape Robbin), unreviewed by Comm'n Notice (Sept. 24, 2021);
Order No. 20 (Sept. 1, 2021) (Dr. Leonard's), unreviewed by Comm'n
Notice (Sept. 29, 2021); Order No. 22 (Sept. 9, 2021) (Fullbeauty),
Order No. 23 (Wild Diva), unreviewed by Comm'n Notice (Oct. 7, 2021);
Order No. 24 (Sept. 17, 2021) (Fujian), unreviewed by Comm'n Notice
(Oct. 7, 2021); Order No. 25 (Sept. 22, 2021) (Yoki), unreviewed by
Comm'n Notice (Oct. 7, 2021); Order No. 26 (Sept. 28, 2021) (Akira),
unreviewed by Comm'n Notice (Oct. 27, 2021); Order No. 27 (Sept. 21,
2021) (Hawkins), unreviewed by Comm'n Notice (Oct. 29, 2021).
On September 13, 2021, Crocs moved to amend the complaint and
notice of investigation, based on information obtained during
discovery, to add eleven new respondents: Huizhou Xinshunzu Shoes Co.,
Ltd. (``Huizhou''); Orley Shoe Corp (``Orley''); Dongguan Eastar
Footwear Enterprises Co., Ltd. (``Eastar Footwear''); KGS Sourcing Ltd.
(``KGS''); Mould Industria de Matrizes Ltda. d/b/a Boaonda
(``Boaonda''); Fujian Wanjiaxin Industrial Developing, Inc. a/k/a
Fujian Wanjiaxin Light Industrial Developing, Inc. (``Wanjiaxin
Industrial Developing''); Walmart Inc. (``Walmart''); Jinjiang Anao
Footwear Co., Ltd (``Anao''); Burlington Shoes, Inc. (``Burlington'');
Mamiye Brothers Inc. (``Mamiye''); and Jinjiang LinQi Shoes & Clothes
Co., Ltd. (``LinQi''). Crocs also moved to partially terminate the
investigation with respect to current respondents Crocsky, Ink Tee, and
Hobibear Shoes, and to amend the complaint to identify these three
entities as ``unknown manufacturers.''
On September 23, 2021, current respondents Hobby Lobby, Loeffler
Randall, and Maxhouse Rise filed a response opposing the addition of
any new respondents other than Walmart. On the same date, proposed
respondent Eastar filed a response opposing the addition of itself as a
respondent. Proposed respondent Walmart filed a response stating it did
not oppose being named as a respondent, provided the proposed schedule
is extended three months. OUII filed a response stating it did not
oppose adding Huizhou, Orly, Eastar Footwear, KGS, Boaonda, Wanjiaxin
Industrial Developing, Anao, and Walmart as proposed new respondents,
provided steps are taken to minimize any potential prejudice. OUII
opposed adding Burlington, Mamiye Brothers, and LinQi as respondents
for lack of good cause. OUII did not oppose Crocs' motion to partially
terminate the investigation with respect to Crocsky, Ink Tee, and
Hobibear.
On October 21, 2021, the presiding CALJ issued the subject Order
No. 30, granting Crocs' motion in part by adding Huizhou, Orly, Eastar
Footwear, KGS, Boaonda, Anao, Wanjiaxin Industrial Developing, and
Walmart as respondents, but denying Crocs' motion with respect to
proposed respondents
[[Page 66338]]
Burlington, Mamiye Brothers, and LinQi for lack of good cause. Order
No. 30 further grants Crocs' motion to partially terminate the
investigation with respect to Crocsky, Ink Tee, and Hobibear, but
denies its motion to amend the complaint to identify these three
entities as ``unknown manufacturers.'' Order No. 30 further states that
a four-month extension of the procedural schedule, including the
hearing schedule and target date, is necessary to avoid prejudicing the
newly added respondents.
On October 22, 2021, the presiding CALJ issued the subject Order
No. 31, extending the target date by four months to May 9, 2023. Order
No. 31 also reschedules the evidentiary hearing to September 12-16,
2022, and the due date for issuance of the final initial determination
on violation to January 9, 2023.
No party filed a petition for review of the subject ID.
The Commission has determined not to review Order No. 30 or Order
No. 31. Huizhou, Orly, Eastar Footwear, KGS, Boaonda, Anao, Wanjiaxin
Industrial Developing, and Walmart are hereby added as respondents, and
the investigation is partially terminated with respect to Crocsky, Ink
Tee, and Hobibear. The target date is hereby extended to May 9, 2023.
The Commission vote for this determination took place on November
16, 2021.
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: November 17, 2021.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2021-25377 Filed 11-19-21; 8:45 am]
BILLING CODE 7020-02-P
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