[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