[Federal Register Volume 59, Number 177 (Wednesday, September 14, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-22739]
[[Page Unknown]]
[Federal Register: September 14, 1994]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-357]
Certain Sports Sandals and Components Thereof; Notice of Decision
Not To Review An Initial Determination Granting a Joint Motion To
Terminate the Investigation With Respect to Respondent Brown Group
Retail, Inc. on the Basis of a Consent Order; Issuance of Consent
Order; Termination of Investigation
AGENCY: 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 an initial determination (ID)
(Order No. 11) issued on August 25, 1994, by the presiding
administrative law judge (ALJ) in the above-captioned investigation
granting the joint motion of complainant Deckers Corporation and
respondent Brown Group Retail, Inc. to terminate the investigation as
to Brown on the basis of a settlement agreement, consent order
agreement, and consent order. As Brown is the last remaining
respondent, termination of Brown terminates the investigation.
FOR FURTHER INFORMATION CONTACT: Rhonda M. Hughes, Esq., Office of the
General Counsel, U.S. International Trade Commission, 500 E Street,
S.W., Washington, D.C. 20436, telephone 202-205-3083.
SUPPLEMENTARY INFORMATION: The Commission instituted this
investigation, which concerns allegations of section 337 violations in
the importation, the sale for importation, and the sale within the
United States after importation of sports sandals that infringe three
claims of U.S. Letters Patent 4,793,075, on September 9, 1993.
On January 14, 1994, Deckers and Brown filed a joint motion to
terminate the investigation on the basis of a settlement agreement, a
consent order agreement, and a proposed consent order. On April 19,
1994, the ALJ issued an ID granting the joint motion, which was
unopposed, and terminating the investigation as to Brown. The
Commission reviewed the ID and remanded it to the ALJ. By order dated
June 13, 1994, the Commission directed the ALJ to advise the parties
that, if they wish to terminate the investigation on the basis of a
consent order, the stipulated findings in the proposed consent order
should make it clear that the stipulation concerning the patent's
validity will become void only if the patent is found to be invalid by
a court or agency in a final decision that is no longer subject to
appeal and is unrelated to enforcement of the consent order. The
parties then filed a supplement to their joint motion, an amendment to
the settlement agreement, and a revised proposed consent order.
Subsequently, the ALJ issued an ID on August 25, 1994, granting the
joint motion and terminating the investigation as to Brown. No
petitions for review of the ID, or agency or public comments concerning
the ID, were filed.
This action is taken under the authority of section 337 of the
Tariff Act of 1930, 19 U.S.C. 1337, and Commission interim rule 210.53,
19 CFR 210.53.
Copies of the ID and all other nonconfidential 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, S.W., Washington, D.C. 20436, telephone 202-205-2000. Hearing-
impaired persons are advised that information on this matter can be
obtained by contacting the Commission's TDD terminal on 202-205-1810.
By order of the Commission.
Issued: September 6, 1994.
Donna R. Koehnke,
Secretary.
[FR Doc. 94-22739 Filed 9-13-94; 8:45 am]
BILLING CODE 7020-02-P