Notice2022-20881
Certain Knitted Footwear; Notice of a Commission Determination Not To Review an Initial Determination Granting a Joint Motion To Terminate the Investigation in its Entirety Based Upon Settlement; Termination of the Investigation
Primary source
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Published
September 27, 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. 17) granting a joint motion to terminate the investigation in its entirety based upon settlement.
Full Text
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<title>Federal Register, Volume 87 Issue 186 (Tuesday, September 27, 2022)</title>
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[Federal Register Volume 87, Number 186 (Tuesday, September 27, 2022)]
[Notices]
[Page 58529]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-20881]
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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 Joint Motion To
Terminate the Investigation in its Entirety Based Upon Settlement;
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 has determined not to review the presiding administrative
law judge's (``ALJ'') initial determination (``ID'') (Order No. 17)
granting a joint motion to terminate the investigation in its entirety
based upon settlement.
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#0441404d57374c6168744471776d70672a636b72"><span class="__cf_email__" data-cfemail="1550515c46265d7079655560667c61763b727a63">[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: 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 March 7, 2022, the ALJ granted an unopposed motion to amend the
Complaint and Notice of Investigation to add an additional adidas
respondent, adidas International Trading AG of Lucerne, Switzerland.
Order No. 8 (Mar. 7, 2022), unreviewed by Comm'n Notice (Mar. 21,
2022); 87 FR 17100-101 (Mar. 25, 2022).
On August 18, 2022, the parties filed a joint motion to terminate
the investigation in its entirety based upon a settlement agreement
that ``resolves all disputed issues in this investigation.'' ID at 2.
On August 24, 2022, the ALJ issued the subject ID granting the
motion. The ID observed that Commission Rule 210.21(a)(2) provides that
``[a]ny party may move at any time to terminate an investigation in
whole or in part as to any or all respondents on the basis of a
settlement, a licensing or other agreement . . . .'' 19 CFR
210.21(a)(2). The ID found that in compliance with 19 CFR 210.21(b)(1),
``the motion contains a statement that there are no other agreements,
written or oral, express or implied, between the private parties
concerning the subject matter of this investigation.'' ID at 2. The
parties also submitted confidential and public versions of the
settlement agreement. The ID further found that granting the motion
would cause ``no adverse effect on the public interest.'' Id. No one
petitioned for review of the subject ID.
The Commission has determined not to review the subject ID. The
investigation is terminated in its entirety.
The Commission vote for this determination took place on September
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: September 22, 2022.
Katherine Hiner,
Acting Secretary to the Commission.
[FR Doc. 2022-20881 Filed 9-26-22; 8:45 am]
BILLING CODE 7020-02-P
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