Notice2022-06295
Certain Knitted Footwear; Notice of a Commission Determination Not To Review an Initial Determination Granting a Motion To Amend the Complaint and Notice of Investigation
Primary source
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Published
March 25, 2022
Issuing agencies
International Trade Commission
Abstract
Notice is hereby given that the U.S. International Trade Commission has determined not to review the presiding administrative law judge's ("ALJ") initial determination ("ID") (Order No. 8) granting an unopposed motion to amend the complaint and notice of investigation ("NOI") to (1) add an additional adidas respondent, adidas International Trading AG of Lucerne, Switzerland ("adidas International") and (2) add Harmonized Tariff Schedule ("HTS") numbers for the imported accused products and identify additional countries from which the accused products are imported.
Full Text
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<title>Federal Register, Volume 87 Issue 58 (Friday, March 25, 2022)</title>
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[Federal Register Volume 87, Number 58 (Friday, March 25, 2022)]
[Notices]
[Pages 17100-17101]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-06295]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1289]
Certain Knitted Footwear; Notice of a Commission Determination
Not To Review an Initial Determination Granting a Motion To Amend the
Complaint and Notice of 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 has determined not to review the presiding administrative
law judge's (``ALJ'') initial determination (``ID'') (Order No. 8)
granting an unopposed motion to amend the complaint and notice of
investigation (``NOI'') to (1) add an additional adidas respondent,
adidas International Trading AG of Lucerne, Switzerland (``adidas
International'') and (2) add Harmonized Tariff Schedule (``HTS'')
numbers for the imported accused products and identify additional
countries from which the accused products are imported.
FOR FURTHER INFORMATION CONTACT: Panyin A. Hughes, Office of the
General Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202) 205-3042. 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#81c4c5c8d2b2c9e4edf1c1f4f2e8f5e2afe6eef7"><span class="__cf_email__" data-cfemail="1257565b41215a777e625267617b66713c757d64">[email protected]</span></a>. General
[[Page 17101]]
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, telephone (202) 205-1810.
SUPPLEMENTARY INFORMATION: On January 13, 2022, the Commission
instituted this investigation based on a complaint filed by Nike, Inc.
of Beaverton, Oregon. 87 FR 2176-77 (Jan. 13, 2022). The complaint
alleged violations of section 337 of the Tariff Act of 1930, as
amended, based on the importation into the United States, the sale for
importation, or the sale within the United States after importation of
certain knitted footwear by reason of infringement of one or more
claims of U.S. Patent Nos. 9,918,511; 9,743,705; 8,266,749; 7,814,598;
9,060,562; and 8,898,932. Id. The Commission's notice of investigation
named the following adidas entities as respondents: Adidas AG of
Herzogenaurach, Germany; adidas North America, Inc. of Portland Oregon;
and adidas America, Inc. also of Portland, Oregon. The Office of Unfair
Import Investigations was not named as a party in this investigation.
Id.
On February 22, 2022, Nike moved under 19 CFR 210.14 to amend the
Complaint and NOI to (1) add adidas International as a respondent; and
(2) to add importation information for the accused products relating to
HTS numbers and countries of origin. Nike argued that it did not know
about the role of adidas International until the existing respondents
filed their responses to the complaint and NOI and that adding adidas
International ``is necessary to provide a complete evidentiary record
regarding the distribution, sale for importation, importation, and sale
after importation of the Accused Products, among other issues.'' ID at
2. Similarly, Nike argued that it did not know about the additional HTS
numbers and countries of origin until receiving responses to the
complaint and NOI. Nike stated that the named adidas respondents do not
oppose the motion. Id. at 1.
On March 7, 2022, the ALJ issued the subject ID, granting the
motion. The ID found that good cause exists to grant the motion to add
adidas International as a respondent and add information regarding HTS
numbers of the imported accused products and their countries of origin.
Id. at 3-4. No one petitioned for review of the subject ID.
The Commission has determined not to review the subject ID. adidas
International is added to the investigation as a respondent.
The Commission vote for this determination took place on March 21,
2022.
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: March 21, 2022.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2022-06295 Filed 3-24-22; 8:45 am]
BILLING CODE 7020-02-P
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