Notice2026-11394
Certain Women's Flats With Colored Outsoles Thereof; Notice of the Commission's Final Determination Finding a Violation of Section 337: Issuance of a General Exclusion Order and a Limited Exclusion Order; Termination of the Investigation
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Published
June 8, 2026
Issuing agencies
International Trade Commission
Abstract
Notice is hereby given that the U.S. International Trade Commission ("Commission") has determined that a violation under section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337) has occurred. The Commission has further determined to issue a general exclusion order ("GEO") and a limited exclusion order ("LEO") and set the bond at one hundred percent (100%) of the entered value of the covered articles during the period of Presidential review. The investigation is terminated.
Full Text
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<title>Federal Register, Volume 91 Issue 109 (Monday, June 8, 2026)</title>
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[Federal Register Volume 91, Number 109 (Monday, June 8, 2026)]
[Notices]
[Pages 34650-34651]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-11394]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1428]
Certain Women's Flats With Colored Outsoles Thereof; Notice of
the Commission's Final Determination Finding a Violation of Section
337: Issuance of a General Exclusion Order and a Limited Exclusion
Order; 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 (``Commission'') has determined that a violation under
section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337) has
occurred. The Commission has further determined to issue a general
exclusion order (``GEO'') and a limited exclusion order (``LEO'') and
set the bond at one hundred percent (100%) of the entered value of the
covered articles during the period of Presidential review. The
investigation is terminated.
FOR FURTHER INFORMATION CONTACT: Jonathan D. Link, Esq., Office of the
General Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202) 205-3103. 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#3a7f7e736909725f564a7a4f49534e59145d554c"><span class="__cf_email__" data-cfemail="eca9a8a5bfdfa489809cac999f85988fc28b839a">[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 December 18, 2024, based on a complaint filed by Gavrieli Brands LLC
(``Complainant'') of Culver City, California. 89 FR 102951-53 (Dec. 18,
2024). 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, the sale for
importation, or the sale within the United States after importation of
certain women's flats with colored outsoles thereof by reason of
infringement of the claim of one or more of U.S. Patent Nos. D681,928
(``the D'928 patent''), D844,951 (``the D'951 patent''), D681,927
(``the D'927 patent''), D686,812 (``the D'812 patent''), D688,853
(``the D'853 patent''), D844,950 (``the D'950 patent''), D781,032
(``the D'032 patent''), and D781,035 (``the D'035 patent'')
(collectively, the ``Asserted Patents''). Id. The complaint also
alleges violations of section 337 based upon the importation into the
United States, or in the sale within the United States after
importation of certain women's flats with colored outsoles thereof by
reason of trade dress infringement, the threat or effect of which is to
destroy or substantially injure an industry in the United States. Id.
at 102952. The complaint further alleges that a domestic industry
exists. Id. The Commission's notice of investigation named as
respondents Kijera's OneDrop LLC d/b/a ``OneDrop Clothing''
(``OneDrop'') of New York, New York; CrazeFashionShoes (``Craze''), of
Philippines; Pierjeda Information Technology Co., Ltd. d/b/a
``Piergitar'' (``Piergitar''), and Guangzhou Shun Cheng Trading Co.,
Ltd. d/b/a ``koshio_luxury_shoes'' (``Guangzhou Shun Cheng'') of
Guangzhou, China; Zhangpu County Shengze Trading Company d/b/a ``Trend
is awesome'' (``Shengze Trading Company'') of Zhangshou City, China;
Kunming Ouxiang Trading Co., Ltd. d/b/a ``funny_store 23'' of Kunming
City, China; Huihui Bianan d/b/a ``The Other Side of HuiHui''
(``Huihui'') of Beijing, China; Bingxin Qingfeng d/b/a ``Leather
women's shoes clearance sale'' (``Bingxin Qingfeng'') of Zhongshan
City, China; Baiqiuju1983 d/b/a ``Singing barefoot in the trees''
(``Baiqiuju1983''), tb249835650 d/b/a ``If I am sincere, I will be
free''
[[Page 34651]]
(``tb249835650''), Yuyoufang Foreign Trade Store d/b/a ``Ten Mile
Chunfeng Store BBC20199'' (``Yuyoufang'') and Xu Wengping 123 d/b/a
``Cinderella Fashion House 888'' (``Xu Wengping'') of Zhongshan City,
China; and Ynwll d/b/a ``Xiao Chenchen's foreign trade shoes''
(``Ynwll'') of Huilonguan, China (collectively, ``Respondents''). Id.
The Office of Unfair Import Investigations (``OUII'') is also a party
to this investigation. Id.
On May 5, 2025, the ALJ issued an order (Order No. 7) granting
Complainant's motion for an order to show cause and entry of default
and directing the Respondents to show cause why they should not be
found in default no later than May 12, 2025. Order No. 7 at 3. The ALJ
found that Respondent OneDrop was served with a copy of the notice of
investigation, the complaint, and all public exhibits and appendices to
the complaint by express delivery (Federal Express) on March 4, 2025;
all other Respondents were served with these documents by hand delivery
no later than March 25, 2025. Id. at 2. The ALJ found that the latest
date any of the Respondents would have been required to respond to the
complaint and notice of investigation was April 14, 2025, but as of the
date of the order to show cause, i.e., May 5, 2025, no Respondent had
filed such a response or otherwise participated in the investigation.
Id. at 3. The ALJ thus directed the Respondents to show cause, no later
than May 12, 2025, as to why they should not be held in default. Id. No
responses to the show cause order were filed.
On May 13, 2025, the ALJ issued Order No. 8 finding all Respondents
in default after they failed to respond to the order to show cause. On
June 3, 2025, the Commission determined not to review Order No. 8,
thereby finding all Respondents in default. See Order No. 8 (May 13,
2025), unreviewed by Comm'n Notice (Jun. 3, 2025).
On July 23, 2025, the ALJ issued Order No. 10, granting
Complainant's motion for summary determination of violation of section
337. Specifically, the ID found a violation of section 337 by
Piergitar, Bingxin Qingfeng, and tb249835650 based on the importation
of products infringing the claims of the D'928, D'951, D'927, D'812,
and D'853 patents. Order No. 10 at 14-31. The ID also found that the
domestic industry requirement is satisfied as to those five patents and
the evidence supporting its violation findings to be substantial,
reliable, and probative. Id. at 31-38. No party disputed the validity
of the Asserted Patents and thus, they are presumed valid. The ALJ
recommended a GEO based on the claims of the D'928, D'951, D'927,
D'812, and D'853 patents under section 337(g)(2), as well as a bond of
one hundred percent (100%) of the entered value of the infringing
articles imported during the period of Presidential review. Id. at 38-
42. The ALJ did not address Complainant's request for an LEO under
section 337(g)(1) against Respondents' infringing articles, noting that
``[u]nder Commission rules, the complaint's assertions surrounding
these acts are assumed to be true, and limited exclusion orders must
issue.'' Id. at 13-14. The ID also terminated the investigation before
the ALJ. Id. at 42. No party filed a petition for review of the subject
ID.
On September 8, 2025, the Commission determined to review the
subject ID's findings regarding the economic prong of the domestic
industry and affirm the remainder of the ID. 90 FR 43629-630 (Sept. 10,
2025). The Commission also sought briefing on remedy, the public
interest, and bonding. Id.
On September 22, 2025, Complainant and OUII filed written
submissions on remedy, the public interest, and bonding. On September
29, 2025, Complainant and OUII each filed a reply. No other submissions
were filed.
On April 16, 2026, the Commission requested the parties to submit
additional briefing directed to the expiration dates of the Asserted
Patents. Comm'n Notice (Apr. 16, 2026). Complainant filed a reply on
April 23, 2026.
Having reviewed the record of the investigation, including the RD
and the parties' submissions, and as more fully explained in the
Opinion, the Commission has determined that Complainant has met the
economic prong of the domestic industry requirement as to the D'928,
D'951, D'927, D'812, and D'853 patents, and therefore a violation under
section 337 has occurred. Specifically, the Commission finds that the
Complainant has established that the economic prong of domestic
industry section 337(a)(3)(B) and takes no position as to whether the
economic prong has been established under subsection (A).
The Commission has determined to issue (1) a GEO prohibiting the
importation of products that infringe the claims of the D'928, D'951,
D'927, D'812, or D'853 patents; and (2) an LEO prohibiting entry of
products that infringe (i) the claims of the D'950 or D'035 patents as
to defaulting respondents OneDrop, Craze, Piergitar, Guangzhou Shun
Cheng, Shengze Trading Company, Huihui, Bingxin Qingfeng, Baiqiuju1983,
tb249835650, Yuyoufang, Xu Wengping, and Ynwll, (ii) the claim of the
D'032 patent as to defaulting respondents OneDrop, Piergitar, Bingxin
Qingfeng, tb249835650, and Yuyongfang, and (iii) the Asserted Trade
Dress as to defaulting respondents OneDrop, Craze, Piergitar, Guangzhou
Shun Cheng, Shengze Trading Company, Huihui, Bingxin Qingfeng,
Baiqiuju1983, tb249835650, Yuyoufang, Xu Wengping, and Ynwll.
The Commission has further determined that the public interest
factors enumerated in subsections (d)(l) and (g)(1) (19 U.S.C.
1337(d)(l), (g)(1)) do not preclude issuance of the above referenced
remedial orders. Additionally, the Commission has determined to impose
a bond of one hundred percent (100%) of entered value of the covered
products during the period of Presidential review. 19 U.S.C. 1337(j).
The investigation is terminated.
The Commission vote for this determination took place on June 3,
2026.
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: June 3, 2026.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2026-11394 Filed 6-5-26; 8:45 am]
BILLING CODE 7020-02-P
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