[Federal Register Volume 82, Number 14 (Tuesday, January 24, 2017)]
[Notices]
[Page 8209]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-01482]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1018]
Certain Athletic Footwear; Commission's Determination Not To
Review an Initial Determination Terminating the Investigation; Issuance
of Consent Order; 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. 11)
terminating the respondents based on consent order stipulations and a
joint proposed consent order. The Commission has terminated the
investigation.
FOR FURTHER INFORMATION CONTACT: Amanda Pitcher Fisherow, Esq., Office
of the General Counsel, U.S. International Trade Commission, 500 E
Street SW., Washington, DC 20436, telephone (202) 205-2737. Copies of
non-confidential 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 SW., Washington, DC 20436,
telephone (202) 205-2000. General information concerning the Commission
may also be obtained by accessing its Internet server at https://www.usitc.gov. The public record for this investigation may be viewed
on the Commission's electronic docket (EDIS) at https://edis.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 September 13, 2016, based on a complaint, including supplements,
filed on behalf of Reebok International Ltd. of Canton, Massachusetts
and Reebok International Limited of England. (``complainants''). 81 FR
62920 (Sept. 13, 2016). The complaint as supplemented alleges
violations of section 337 based upon the importation into the United
States, the sale for importation, and the sale within the United States
after importation of certain athletic footwear by reason of
infringement of certain claims of U.S. Patent No. 7,637,035 and U.S.
Patent No. 8,505,221. The complaint further alleges that an industry in
the United States exists as required by subsection (a)(2) of section
337. The Commission's notice of investigation named the following
respondents: TRB Acquisitions LLC (``TRB'') of New York, New York; RBX
Active 01 LLC, RBX Direct LLC, and RBX.COM LLC (collectively, ``RBX'')
all of New York, New York; and Elite Performance Footwear, LLC
(``Elite'') of New York, New York.
On November 14, 2016, respondent TRB filed a motion to terminate
the investigation as to TRB based on a consent order stipulation and
proposed consent order. On November 25, 2016, the RBX respondents filed
a motion to terminate the investigation as to the RBX respondents based
on a consent order stipulation and proposed consent order. Finally, on
December 1, 2016, respondent Elite filed a motion to terminate the
investigation as to Elite based on a consent order stipulation and
proposed consent order. Complainants originally opposed TRB's motion
but later complainants and respondents filed a joint notice on December
12, 2016, that complainants now join respondents' motions to terminate.
This filing included a joint proposed consent order,
On December 20, 2016, the ALJ issued an ID (Order No. 11)
terminating the investigation based on the consent order stipulations
and a joint proposed consent order. The ALJ found that the consent
order stipulations complied with the rules and that the respondents
represented that ``there are no other agreements, written or oral,
express or implied between the parties concerning the subject matter of
the investigation.'' The ALJ also found that the joint proposed consent
order complies with Commission Rule 210.21(c)(4). Finally, the ALJ
found termination of the investigation ``does not impose any undue
burdens on the public health and welfare, competitive conditions in the
United States economy, production of like or directly competitive
articles in the United States, or United States consumers.''
The Commission has determined not to review the subject ID and has
issued the joint consent order. The Commission has terminated the
investigation.
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: January 17, 2017.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2017-01482 Filed 1-23-17; 8:45 am]
BILLING CODE 7020-02-P