[Federal Register Volume 86, Number 222 (Monday, November 22, 2021)]
[Notices]
[Pages 66337-66338]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-25377]



[[Page 66337]]

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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1270]


Certain Casual Footwear and Packaging Thereof; Commission 
Determination Not To Review Two Initial Determinations To Add Certain 
New Respondents, To Partially Terminate the Investigation With Respect 
to Certain Other Respondents, and To Extend the Target Date

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 not to review two initial 
determinations (``ID'') issued by the presiding chief administrative 
law judge (``CALJ'') to: (i) Amend the complaint and notice of 
investigation to add certain new respondents and partially terminate 
the investigation with respect to certain other respondents (Order No. 
30); and (ii) extend the target date for completion of this 
investigation to May 9, 2023 (Order No. 31).

FOR FURTHER INFORMATION CONTACT: Carl P. Bretscher, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone (202) 205-2382. Copies of non-
confidential documents filed in connection with this investigation may 
be viewed on the Commission's electronic docket (EDIS) at https://edis.usitc.gov. For help accessing EDIS, please email 
[email protected]. General information concerning the Commission may 
also be obtained by accessing its internet server at https://www.usitc.gov. 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 July 9, 2021, based on a complaint filed by Crocs, Inc. of 
Broomfield, Colorado (``Crocs''). 86 FR 36303-304 (July 9, 2021). 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, sale for importation, or sale 
in the United States after importation of certain casual footwear and 
packaging thereof by reason of infringement of one of more of U.S. 
Trademark Registration Nos. 3,836,415; 5,149,328; and 5,273,875. Id. 
The complaint further alleges that a domestic industry exists. Id.
    The Commission's notice of investigation named twenty-three 
respondents: Hawkins Footwear, Sports, Military & Dixie Store of 
Brunswick, Georgia (``Hawkins''); Bijora, Inc. d/b/a Akira of Chicago, 
Illinois (``Akira''); Yoki Fashion International LLC of New York, New 
York (``Yoki''); Dr. Leonard's Healthcare Corp. d/b/a Carol Wright of 
Edison, New Jersey (``Dr. Leonard's''); Cape Robbin Inc. of Pomona, 
California (``Cape Robbin''); SG Footwear Meser Grp. Inc. a/k/a 
Goldberg & Co. of Hackensack, New Jersey (``SG Footwear''); Skechers 
USA, Inc. of Manhattan Beach, California (``Skechers''); Fujian Huayan 
Well Import and Export Trade Co., Ltd. of Fuzhou, Fujian Province, 
China (``Fujian''); Fullbeauty Brands Inc. of New York, New York 
(``Fullbeauty''); Legend Footwear, Inc. d/b/a Wild Diva of City of 
Industry, California (``Wild Diva''); Crocsky of Austin, Texas 
(``Crocsky''); Hobibear Shoes and Clothes Ltd. of Brighton, Colorado 
(``Hobibear''); Ink Tee of Los Angeles, California (``Ink Tee''); Hobby 
Lobby Stores, Inc. of Oklahoma City, Oklahoma (``Hobby Lobby''); La 
Modish Boutique of West Covina, California; Loeffler Randall Inc. of 
New York, New York (``Loeffler Randall''); Maxhouse Rise Ltd. of Hong 
Kong (``Maxhouse Rise''); PW Shoes, Inc. of Maspeth, New York; Shoe-
Nami Inc. of Gretna, Louisiana; Star Bay Group Inc. of Hackensack, New 
Jersey; Quanzhou ZhengDe Network Corp. of Quanzhou, Fujian Province, 
China; 718 Closeouts of Brooklyn, New York; and Royal Deluxe 
Accessories, LLC of New Providence, New Jersey. The Office of Unfair 
Import Investigations (``OUII'') was also named as a party to this 
investigation.
    On August 24, 2021, the Commission partially terminated the 
investigation with respect to Skechers based on a settlement agreement 
between Crocs and Skechers. Order No. 12 (Aug. 11, 2021), unreviewed by 
Comm'n Notice (Aug. 24, 2021). The Commission has also partially 
terminated the investigation with respect to certain respondents based 
on settlement agreements, consent orders, and consent order 
stipulations and issued the consent orders accordingly. See Order No. 
16 (Aug. 26, 2021) (terminating SG Footwear), Order No. 17 (Aug. 16, 
2021) (Cape Robbin), unreviewed by Comm'n Notice (Sept. 24, 2021); 
Order No. 20 (Sept. 1, 2021) (Dr. Leonard's), unreviewed by Comm'n 
Notice (Sept. 29, 2021); Order No. 22 (Sept. 9, 2021) (Fullbeauty), 
Order No. 23 (Wild Diva), unreviewed by Comm'n Notice (Oct. 7, 2021); 
Order No. 24 (Sept. 17, 2021) (Fujian), unreviewed by Comm'n Notice 
(Oct. 7, 2021); Order No. 25 (Sept. 22, 2021) (Yoki), unreviewed by 
Comm'n Notice (Oct. 7, 2021); Order No. 26 (Sept. 28, 2021) (Akira), 
unreviewed by Comm'n Notice (Oct. 27, 2021); Order No. 27 (Sept. 21, 
2021) (Hawkins), unreviewed by Comm'n Notice (Oct. 29, 2021).
    On September 13, 2021, Crocs moved to amend the complaint and 
notice of investigation, based on information obtained during 
discovery, to add eleven new respondents: Huizhou Xinshunzu Shoes Co., 
Ltd. (``Huizhou''); Orley Shoe Corp (``Orley''); Dongguan Eastar 
Footwear Enterprises Co., Ltd. (``Eastar Footwear''); KGS Sourcing Ltd. 
(``KGS''); Mould Industria de Matrizes Ltda. d/b/a Boaonda 
(``Boaonda''); Fujian Wanjiaxin Industrial Developing, Inc. a/k/a 
Fujian Wanjiaxin Light Industrial Developing, Inc. (``Wanjiaxin 
Industrial Developing''); Walmart Inc. (``Walmart''); Jinjiang Anao 
Footwear Co., Ltd (``Anao''); Burlington Shoes, Inc. (``Burlington''); 
Mamiye Brothers Inc. (``Mamiye''); and Jinjiang LinQi Shoes & Clothes 
Co., Ltd. (``LinQi''). Crocs also moved to partially terminate the 
investigation with respect to current respondents Crocsky, Ink Tee, and 
Hobibear Shoes, and to amend the complaint to identify these three 
entities as ``unknown manufacturers.''
    On September 23, 2021, current respondents Hobby Lobby, Loeffler 
Randall, and Maxhouse Rise filed a response opposing the addition of 
any new respondents other than Walmart. On the same date, proposed 
respondent Eastar filed a response opposing the addition of itself as a 
respondent. Proposed respondent Walmart filed a response stating it did 
not oppose being named as a respondent, provided the proposed schedule 
is extended three months. OUII filed a response stating it did not 
oppose adding Huizhou, Orly, Eastar Footwear, KGS, Boaonda, Wanjiaxin 
Industrial Developing, Anao, and Walmart as proposed new respondents, 
provided steps are taken to minimize any potential prejudice. OUII 
opposed adding Burlington, Mamiye Brothers, and LinQi as respondents 
for lack of good cause. OUII did not oppose Crocs' motion to partially 
terminate the investigation with respect to Crocsky, Ink Tee, and 
Hobibear.
    On October 21, 2021, the presiding CALJ issued the subject Order 
No. 30, granting Crocs' motion in part by adding Huizhou, Orly, Eastar 
Footwear, KGS, Boaonda, Anao, Wanjiaxin Industrial Developing, and 
Walmart as respondents, but denying Crocs' motion with respect to 
proposed respondents

[[Page 66338]]

Burlington, Mamiye Brothers, and LinQi for lack of good cause. Order 
No. 30 further grants Crocs' motion to partially terminate the 
investigation with respect to Crocsky, Ink Tee, and Hobibear, but 
denies its motion to amend the complaint to identify these three 
entities as ``unknown manufacturers.'' Order No. 30 further states that 
a four-month extension of the procedural schedule, including the 
hearing schedule and target date, is necessary to avoid prejudicing the 
newly added respondents.
    On October 22, 2021, the presiding CALJ issued the subject Order 
No. 31, extending the target date by four months to May 9, 2023. Order 
No. 31 also reschedules the evidentiary hearing to September 12-16, 
2022, and the due date for issuance of the final initial determination 
on violation to January 9, 2023.
    No party filed a petition for review of the subject ID.
    The Commission has determined not to review Order No. 30 or Order 
No. 31. Huizhou, Orly, Eastar Footwear, KGS, Boaonda, Anao, Wanjiaxin 
Industrial Developing, and Walmart are hereby added as respondents, and 
the investigation is partially terminated with respect to Crocsky, Ink 
Tee, and Hobibear. The target date is hereby extended to May 9, 2023.
    The Commission vote for this determination took place on November 
16, 2021.
    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: November 17, 2021.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2021-25377 Filed 11-19-21; 8:45 am]
BILLING CODE 7020-02-P