2696 Federal Register / Vol. 86, No. 8 / Wednesday, January 13, 2021 / Notices 

Issued: January 8, 2021. 

Lisa Barton, 

Secretary to the Commission. 

[FR Doc. 2021–00535 Filed 1–12–21; 8:45 am] 

BILLING CODE 7020–02–P 

INTERNATIONAL TRADE 

COMMISSION 

[Investigation No. 337–TA–567 (Advisory 

Opinion Proceeding 2)] 

Certain Foam Footwear; Institution of 

an Advisory Opinion Proceeding 

AGENCY: U.S. International Trade 

Commission. 

ACTION: Notice. 

SUMMARY: Notice is hereby given that 

the U.S. International Trade 

Commission has determined to institute 

an advisory opinion proceeding in the 

above-captioned investigation. 

FOR FURTHER INFORMATION CONTACT: 

Clint Gerdine, Office of the General 

Counsel, U.S. International Trade 

Commission, 500 E Street SW, 

Washington, DC 20436, telephone (202) 

708–2310. 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 

EDIS3Help@usitc.gov. 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, telephone 

(202) 205–1810. 

SUPPLEMENTARY INFORMATION: The 

Commission instituted the underlying 

investigation on May 11, 2006, based on 

a complaint, as amended, filed by Crocs, 

Inc. (‘‘Crocs’’) of Niwot, Colorado. 71 FR 

27514–15 (May 11, 2006). The 

complaint alleged, inter alia, violations 

of section 337 of the Tariff Act of 1930, 

as amended (19 U.S.C. 1337), 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 claims 1–2 of U.S. 

Patent No. 6,993,858 (‘‘the ’858 patent’’) 

and U.S. Patent No. D517,789 (‘‘the ’789 

patent’’). The notice of investigation 

named several respondents, including 

Double Diamond Distribution Ltd. 

(‘‘Double Diamond’’) of Saskatoon, 

Canada. 

On July 25, 2008, the Commission 

issued a final determination finding no 

violation of section 337 based on noninfringement and failure to satisfy the 

technical prong of the domestic industry 

requirement with respect to the ’789 

patent, and based on invalidity of the 

’858 patent as obvious under 35 U.S.C. 

103. 73 FR 45073–74 (Aug. 1, 2008). On 

July 15, 2011, after an appeal to the U.S. 

Court of Appeals for the Federal Circuit 

and subsequent remand vacating the 

Commission’s previous finding of no 

violation, the Commission found a 

violation of section 337 based on 

infringement of the asserted claims of 

the patents and issued a general 

exclusion order (‘‘GEO’’) and, inter alia, 

a cease and desist order (‘‘CDO’’) 

directed against Double Diamond. 76 FR 

43723–24 (July 21, 2011). 

On March 28, 2020, the ’789 patent 

expired, so the GEO and CDO are now 

only directed to articles that infringe 

one or more of claims 1 and 2 of the 

’858 patent. Subsequently, on December 

8, 2020, Double Diamond petitioned for 

institution of an expedited advisory 

opinion proceeding to determine 

whether its Original Beach DAWGSTM

shoes with plastic washers are covered 

by the GEO or CDO. On December 18, 

2020, Crocs opposed Double Diamond’s 

petition for an expedited advisory 

opinion proceeding. On December 22, 

2020, Double Diamond moved for leave 

to file a reply to Crocs’ opposition. 

The Commission has determined that 

Double Diamond’s petition complies 

with the requirements for institution of 

an advisory opinion proceeding under 

Commission Rule 210.79 to determine 

whether its Original Beach DAWGSTM

shoes with plastic washers fall within 

the scope of the GEO or CDO. 

Accordingly, the Commission has 

determined to institute an advisory 

opinion proceeding and refer it to the 

Office of the General Counsel. The 

parties will furnish the Office of the 

General Counsel with information as 

requested in the accompanying order, 

and the Commission will issue an 

advisory opinion within ninety (90) 

days of the date of publication of this 

notice in the Federal Register. The 

following entities are named as parties 

to the proceeding: (1) Double Diamond 

and (2) Crocs. The Commission has 

determined to grant Double Diamond’s 

motion for leave to file a reply to Crocs’ 

opposition. 

The Commission vote for this 

determination took place on January 7, 

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: January 7, 2021. 

Lisa Barton, 

Secretary to the Commission. 

[FR Doc. 2021–00477 Filed 1–12–21; 8:45 am] 

BILLING CODE 7020–02–P 

INTERNATIONAL TRADE 

COMMISSION 

Notice of Receipt of Complaint; 

Solicitation of Comments Relating to 

the Public Interest 

AGENCY: International Trade 

Commission. 

ACTION: Notice. 

SUMMARY: Notice is hereby given that 

the International Trade Commission has 

received a complaint entitled Certain 

Wireless Communications Equipment 

and Components Thereof, DN 3522; the 

Commission is soliciting comments on 

any public interest issues raised by the 

complaint or complainant’s filing 

pursuant to the Commission’s Rules of 

Practice and Procedure. 

FOR FURTHER INFORMATION CONTACT: Lisa 

R. Barton, Secretary to the Commission, 

U.S. International Trade Commission, 

500 E Street SW, Washington, DC 

20436, telephone (202) 205–2000. The 

public version of the complaint can be 

accessed on the Commission’s 

Electronic Document Information 

System (EDIS) at https://edis.usitc.gov. 

For help accessing EDIS, please email 

EDIS3Help@usitc.gov. 

General information concerning the 

Commission may also be obtained by 

accessing its internet server at United 

States International Trade Commission 

(USITC) at https://www.usitc.gov. The 

public record for this investigation may 

be viewed on the Commission’s 

Electronic Document Information 

System (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 has received a complaint 

and a submission pursuant to § 210.8(b) 

of the Commission’s Rules of Practice 

and Procedure filed on behalf of 

Samsung Electronics Co., Ltd. and 

Samsung Electronics America, Inc. on 

January 7, 2021. The complaint 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, and the sale within 

the United States after importation of 

certain wireless communications 

equipment and components thereof. The