[Federal Register Volume 71, Number 91 (Thursday, May 11, 2006)]
[Notices]
[Pages 27514-27515]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-4413]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-567]


Certain Foam Footwear; Notice of Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Institution of investigation pursuant to 19 U.S.C. 1337.

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SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on March 31, 2006, under section 
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
Crocs, Inc. of Niwot, Colorado. On April 27, 2006, the Commission 
granted complainant's request for a postponement of the Commission's 
determination whether to institute an investigation in order for 
complainant to file an amended complaint. The amended complaint was 
filed on April 27, 2006. The amended complaint alleges violations of 
section 337 in the importation into the United States, the sale for 
importation, and the sale within the United States after importation of 
certain foam footwear by reason of infringement of (1) claims 1 and 2 
of U.S. Patent No. 6,993,858, (2) U.S. Design Patent No. D517,789, (3) 
and the Crocs Trade Dress. The complaint further alleges that an 
industry in the United States exists as required by subsection (a)(2) 
of section 337.
    The complainant requests that the Commission institute an 
investigation and, after the investigation, issue a permanent general 
exclusion order and permanent cease and desist orders.

ADDRESSES: The complaint, except for any confidential information 
contained therein, is 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, SW., Room 112, 
Washington, DC 20436, telephone 202-205-2000. Hearing impaired 
individuals are advised that information on this matter can be obtained 
by contacting the Commission's TDD terminal on 202-205-1810. Persons 
with mobility impairments who will need special assistance in gaining 
access to the Commission should contact the Office of the Secretary at 
202-205-2000. General information concerning the Commission may also be 
obtained by accessing its internet server at http://www.usitc.gov. The 
public record for this investigation may be viewed on the Commission's 
electronic docket (EDIS) at http://edis.usitc.gov.

FOR FURTHER INFORMATION CONTACT: David H. Hollander, Office of Unfair 
Import Investigations, U.S. International Trade Commission, telephone 
(202) 205-2746.

    Authority: The authority for institution of this investigation 
is contained in section 337 of the Tariff Act of 1930, as amended, 
and in section 210.10 of the Commission's Rules of Practice and 
Procedure, 19 CFR 210.10 (2005).

    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on May 4, 2006, ordered that--
    (1) Pursuant to subsection (b) of section 337 of the Tariff Act of 
1930, as amended, an investigation be instituted to determine:
    (a) Whether there is a violation of subsection (a)(1)(B) of section 
337 in the importation into the United States, the sale for 
importation, or the sale within the United States after importation of 
certain foam footwear by reason of infringement of claims 1 or 2 of 
U.S. Patent No. 6,993,858, or U.S. Design Patent No. D517,789, and 
whether an industry in the United States exists as required by 
subsection (a)(2) of section 337; or
    (b) Whether there is a violation of subsection (a)(1)(A) of section 
337 in the importation into the United States, the sale for 
importation, or the sale within the United States after importation of 
certain foam footwear by reason of infringement of Crocs' trade dress, 
the threat or effect of which is to destroy or substantially injure an 
industry in the United States.
    (2) For the purpose of the investigation so instituted, the 
following are hereby named as parties upon which this notice of 
investigation shall be served:
    (a) The complainant is--

Crocs, Inc., 6273 Monarch Park Place, Niwot, Colorado 80503.

    (b) The respondents are the following entities alleged to be in 
violation of section 337, and are the parties upon which the complaint 
is to be served:

Australia Unlimited, Inc., 2638 E. Marginal Way S., Seattle, WA 98134.
Cheng's Enterprises Inc., 68 Broad Street, Carlstadt, NJ 07072.
Collective Licensing International, LLC, 800 Englewood Parkway, 
Englewood, CO 80110.
D. Myers & Sons, Inc., 2020 Sherwood Avenue, Baltimore, MD 21218.
Double Diamond Distribution Ltd., 3715A Thatcher Avenue, Saskatoon, 
SK., Canada S7R 1B8.
Effervescent Inc., 24 Scott Road, Fitchburg, MA 01420.
Gen-X Sports, Inc., 18601 Wilmington Avenue, Carson, CA 90796.
Holey Soles Holding Ltd., 1628 West 75th Avenue, Vancouver, Canada V6P 
6G2.
Inter-Pacific Trading Corp., 2257 Colby Avenue, Los Angeles, CA 90064.
Pali Hawaii, 501 Sumner St., Suite 613, Honolulu, HI 96817.
Shaka Shoes, 77-6360 Halawai Place, Kailua-Kona, HI 96740.

    (c) The Commission investigative attorney, party to this 
investigation, is David H. Hollander, Esq., Office of Unfair Import 
Investigations, U.S. International Trade Commission, 500 E Street, SW., 
Suite 401, Washington, DC 20436.
    (3) For the investigation so instituted, the Honorable Charles E. 
Bullock is designated as the presiding administrative law judge.
    Responses to the complaint and the notice of investigation must be 
submitted by the named respondents in accordance with section 210.13 of 
the Commission's Rules of Practice and Procedure, 19 CFR 210.13. 
Pursuant to 19 CFR 201.16(d) and 210.13(a), such responses will be 
considered by the Commission if received not later than 20 days after 
the date of service by the Commission of the complaint and the notice 
of investigation. Extensions of

[[Page 27515]]

time for submitting responses to the complaint and the notice of 
investigation will not be granted unless good cause therefor is shown.
    Failure of a respondent to file a timely response to each 
allegation in the complaint and in this notice may be deemed to 
constitute a waiver of the right to appear and contest the allegations 
of the complaint and this notice, and to authorize the administrative 
law judge and the Commission, without further notice to the 
respondents, to find the facts to be as alleged in the complaint and 
this notice and to enter an initial determination and a final 
determination containing such findings, and may result in the issuance 
of a limited exclusion order or cease and desist order or both directed 
against the respondent.

    Issued: May 8, 2006.

    By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 06-4413 Filed 5-10-06; 8:45 am]
BILLING CODE 7020-02-P