[Federal Register Volume 87, Number 186 (Tuesday, September 27, 2022)]
[Notices]
[Page 58529]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-20881]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1289]


Certain Knitted Footwear; Notice of a Commission Determination 
Not To Review an Initial Determination Granting a Joint Motion To 
Terminate the Investigation in its Entirety Based Upon Settlement; 
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 has determined not to review the presiding administrative 
law judge's (``ALJ'') initial determination (``ID'') (Order No. 17) 
granting a joint motion to terminate the investigation in its entirety 
based upon settlement.

FOR FURTHER INFORMATION CONTACT: Panyin A. Hughes, Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone (202) 205-3042. 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: On January 13, 2022, the Commission 
instituted this investigation based on a complaint filed by Nike, Inc. 
of Beaverton, Oregon. 87 FR 2176-77 (Jan. 13, 2022). The complaint 
alleged violations of section 337 of the Tariff Act of 1930, as 
amended, based on the importation into the United States, the sale for 
importation, or the sale within the United States after importation of 
certain knitted footwear by reason of infringement of one or more 
claims of U.S. Patent Nos. 9,918,511; 9,743,705; 8,266,749; 7,814,598; 
9,060,562; and 8,898,932. Id. The Commission's notice of investigation 
named the following adidas entities as respondents: adidas AG of 
Herzogenaurach, Germany; adidas North America, Inc. of Portland Oregon; 
and adidas America, Inc. also of Portland, Oregon. The Office of Unfair 
Import Investigations was not named as a party in this investigation. 
Id.
    On March 7, 2022, the ALJ granted an unopposed motion to amend the 
Complaint and Notice of Investigation to add an additional adidas 
respondent, adidas International Trading AG of Lucerne, Switzerland. 
Order No. 8 (Mar. 7, 2022), unreviewed by Comm'n Notice (Mar. 21, 
2022); 87 FR 17100-101 (Mar. 25, 2022).
    On August 18, 2022, the parties filed a joint motion to terminate 
the investigation in its entirety based upon a settlement agreement 
that ``resolves all disputed issues in this investigation.'' ID at 2.
    On August 24, 2022, the ALJ issued the subject ID granting the 
motion. The ID observed that Commission Rule 210.21(a)(2) provides that 
``[a]ny party may move at any time to terminate an investigation in 
whole or in part as to any or all respondents on the basis of a 
settlement, a licensing or other agreement . . . .'' 19 CFR 
210.21(a)(2). The ID found that in compliance with 19 CFR 210.21(b)(1), 
``the motion contains a statement that there are no other agreements, 
written or oral, express or implied, between the private parties 
concerning the subject matter of this investigation.'' ID at 2. The 
parties also submitted confidential and public versions of the 
settlement agreement. The ID further found that granting the motion 
would cause ``no adverse effect on the public interest.'' Id. No one 
petitioned for review of the subject ID.
    The Commission has determined not to review the subject ID. The 
investigation is terminated in its entirety.
    The Commission vote for this determination took place on September 
21, 2022.
    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: September 22, 2022.
Katherine Hiner,
Acting Secretary to the Commission.
[FR Doc. 2022-20881 Filed 9-26-22; 8:45 am]
BILLING CODE 7020-02-P