[Federal Register Volume 74, Number 155 (Thursday, August 13, 2009)]
[Notices]
[Pages 40843-40844]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-19413]
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INTERNATIONAL TRADE COMMISSION
[Inv. No. 337-TA-660]
Notice of Commission Determination Not To Review an Initial
Determination Terminating the Investigation Based on a Settlement
Agreement and Withdrawal of the Complaint; Request for Briefing on
Bonding and the Public Interest; In the Matter of Certain Active
Comfort Footwear
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 an initial determination
(``ID'') (Order No. 12) of the presiding administrative law judge
(``ALJ'') granting motions for termination of the investigation; based
on a settlement agreement and withdrawal of the complaint. The
Commission has also requested briefing on remedy, bonding, and the
public interest in connection with issuing a default limited exclusion
order.
FOR FURTHER INFORMATION CONTACT: Mark B. Rees, Esq., Office of the
General Counsel, U.S. International Trade Commission, 500 E Street,
SW., Washington, DC 20436, telephone 202-205-3116. 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, SW., Washington, DC
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. General information
concerning the Commission may also be obtained by accessing its
Internet server (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.
SUPPLEMENTARY INFORMATION: The Commission instituted this investigation
on November 25, 2008, based on the complaint of Masai Marketing &
Trading AG of Romanshorn, Switzerland and Masai USA Corp. of Haley,
Idaho (``Complainants''). 73 FR 73884 (Nov. 25, 2008). The complaint,
as supplemented, alleges violations of section 337 of the Tariff Act of
1930 (19 U.S.C. 1337) in the importation into the United States, the
sale for importation,
[[Page 40844]]
and the sale within the United States after importation of certain
active comfort footwear that infringes certain claims of U.S. Patent
No. 6,341,432. Complainants named as respondents RYN Korea Co., Ltd. of
Seoul, Korea (RYN); Main d/b/a WalkingShoesPlus.com of Los Angeles,
California (``WalkingShoesPlus''); and Feet First Inc. of Boca Raton,
Florida (``Feet First''). The Tannery of Cambridge, Massachusetts and A
Better Way to Health of West Melbourne, Florida were subsequently added
as respondents in the investigation by an unreviewed ID. 74 FR 11378
(Mar. 17, 2009).
On May 21, 2009, the Commission determined not to review an ID
(Order No. 6) finding WalkingShoesPlus and Feet First in default for
failure to respond to the complaint and notice of investigation.
On July 13, 2009, the ALJ issued the subject ID (Order 12),
terminating the investigation based on a settlement agreement as to RYN
and withdrawal of the complaint as to the remaining respondents. No
party petitioned for review of the subject ID.
The Commission has determined not to review the ID.
Section 337(g)(1), 19 U.S.C. 1337(g)(1) and Commission Rule
210.16(c), 19 U.S.C. 210.16(c) authorize the Commission to order relief
against respondents found in default unless, after consideration of the
public interest, it finds that such relief should not issue.
Complainants did not file a declaration stating that they were seeking
a general exclusion order as provided in Commission Rule 210.16(c).
In conjunction with the final disposition of this investigation,
therefore, the Commission may: (1) Issue an order that could result in
the exclusion of articles manufactured or imported by the defaulting
respondents; and/or (2) issue a cease and desist order that could
result in the defaulting respondents being required to cease and desist
from engaging in unfair acts in the importation and sale of such
articles. Accordingly, the Commission is interested in receiving
written submissions that address the remedy, if any, that should be
ordered. If a party seeks exclusion of an article from entry into the
United States for purposes other than for consumption, they should so
indicate and provide information establishing that activities involving
other types of entry either are adversely affecting it or likely to do
so. For background, see In the Matter of Certain Devices for Connecting
Computers via Telephone Lines, Inv. No. 337-TA-360, USITC Pub. 2843
(Dec. 1994) (Comm'n Op.).
If the Commission contemplates some form of remedy, it must
consider the effects of that remedy upon the public interest. The
factors the Commission will consider include the effect that an
exclusion order and/or cease and desist orders would have on (1) The
public health and welfare, (2) competitive conditions in the U.S.
economy, (3) U.S. production of articles that are like or directly
competitive with those that are subject to investigation, and (4) U.S.
consumers. The Commission is therefore interested in receiving written
submissions that address the aforementioned public interest factors in
the context of this investigation.
If the Commission orders some form of remedy, the U.S. Trade
Representative, as delegated by the President, has 60 days to approve
or disapprove the Commission's action. See Presidential Memorandum of
July 21, 2005. 70 FR 43251 (July 26, 2005). During this period, the
subject articles would be entitled to enter the United States under
bond, in an amount determined by the Commission and prescribed by the
Secretary of the Treasury. The Commission is therefore interested in
receiving submissions concerning the amount of the bond that should be
imposed if a remedy is ordered.
Written Submissions: Parties to the investigation, interested
government agencies, and any other interested parties are encouraged to
file written submissions on the issues of the public interest, and
bonding. Complainants and the Commission investigative attorney are
also requested to submit proposed remedial orders for the Commission's
consideration. Complainants are also requested to state the HTSUS
numbers under which the accused products are imported and the date on
which the patent at issue expires. Main written submissions must be
filed no later than close of business on August 24, 2009. Reply
submissions must be filed no later than the close of business on August
31, 2009. No further submissions on any of these issues will be
permitted unless otherwise ordered by the Commission.
Persons filing written submissions must file the original document
and 12 true copies thereof on or before the deadlines stated above with
the Office of the Secretary. Any person desiring to submit a document
to the Commission in confidence must request confidential treatment
unless the information has already been granted such treatment during
the proceedings. All such requests should be directed to the Secretary
of the Commission and must include a full statement of the reasons why
the Commission should grant such treatment. See 19 CFR 210.6. Documents
for which confidential treatment by the Commission is sought will be
treated accordingly. All nonconfidential written submissions will be
available for public inspection at the Office of the Secretary.
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 section 210.16 and 210.42-46 of the Commission's Rules of Practice
and Procedure (19 CFR 210.16; 210.42-46).
By order of the Commission.
Issued: August 5, 2009.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E9-19413 Filed 8-12-09; 8:45 am]
BILLING CODE 7020-02-P