64926 Federal Register / Vol. 88, No. 181 / Wednesday, September 20, 2023 / Notices 

OREGON 

Multnomah County 

Parker, J. J. and Hazel, House, 2911 NW 

Raleigh Street, Portland, SG100009462 

PUERTO RICO 

Cidra Municipality 

Teatro Iberia, 24 Jose de Diego, Cidra, 

SG100009465 

SOUTH CAROLINA 

Greenville County 

Borden Ice Cream Factory, 711 West 

Washington St., Greenville, SG100009444 

TEXAS 

Aransas County 

Bracht House, 902 East Cornwall St., 

Rockport, SG100009445 

VERMONT 

Lamoille County 

Lake Elmore Historic District, VT12, between 

Westphal and Greaves Hill Rds., Elmore, 

SG100009447 

VIRGINIA 

Norfolk Independent City 

De Paul Hospital Complex Historic District, 

150 Kingsley Ln., Norfolk, SG100009429 

Richmond Independent City 

Hermitage Road Warehouse Historic District 

(Boundary Increase), Hermitage Rd., 1700 

blk. of Rhoadmiller St., Richmond 

(Independent City), BC100009430 

WISCONSIN 

Dane County 

Madison Vocational School (Boundary 

Decrease), 211 North Carroll St., Madison, 

BC100009436 

A request for removal has been made 

for the following resource(s): 

NORTH DAKOTA 

Grand Forks County 

Lyons Garage, (Downtown Grand Forks 

MRA), 214–218 N 4th St., Grand Forks, 

OT82001330 

House at 1648 Riverside Drive, 1648 

Riverside Dr., Grand Forks, OT94001074 

VERMONT 

Bennington County 

Johnny Seesaw’s Historic District, 3574 VT 

11, Peru, OT08000686 

Additional documentation has been 

received for the following resource(s): 

WISCONSIN 

Dane County 

Madison Vocational School (Additional 

Documentation), 211 North Carroll St., 

Madison, AD100003545 

Authority: Section 60.13 of 36 CFR 

part 60. 

Sherry A. Frear, 

Chief, National Register of Historic Places/ 

National Historic Landmarks Program. 

[FR Doc. 2023–20379 Filed 9–19–23; 8:45 am] 

BILLING CODE 4312–52–P 

INTERNATIONAL TRADE 

COMMISSION 

[Investigation No. 337–TA–1270] 

Certain Casual Footwear and 

Packaging Thereof; Notice of Final 

Determination of No Violation by 

Active Respondents; Issuance of 

Default Remedial Orders; Termination 

of Investigation 

AGENCY: U.S. International Trade 

Commission. 

ACTION: Notice. 

SUMMARY: Notice is hereby given that 

the U.S. International Trade 

Commission (‘‘Commission’’) has 

determined that there is no violation of 

section 337 of the Tariff Act of 1930, as 

amended, in this investigation by active 

respondents Hobby Lobby Stores, Inc. 

(‘‘Hobby Lobby’’), Quanzhou ZhengDe 

Network Corp. d/b/a Amoji (‘‘Amoji’’), 

and Orly Shoe Corp. (‘‘Orly’’). The 

Commission has further determined to 

issue a limited exclusion order (‘‘LEO’’) 

against defaulting respondents La 

Modish Boutique (‘‘La Modish’’), Star 

Bay Group Inc. (‘‘Star Bay’’), Huizhou 

Xinshunzu Shoes Co., Ltd. (‘‘Huizhou’’), 

and Jinjiang Anao Footwear Co., Ltd. 

(‘‘Anao’’) and cease and desist orders 

against defaulting respondents La 

Modish and Star Bay. This investigation 

is hereby terminated. 

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 

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 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, false designation of origin, 

and dilution of one of more of U.S. 

Trademark Registration Nos. 5,149,328; 

5,273,875 (collectively, the ‘‘3D 

Marks’’); and 3,836,415 (‘‘the Word 

Mark’’) (all collectively, ‘‘the Asserted 

Marks’’). Id. The complaint alleges that 

a domestic industry exists, and that the 

threat or effect of certain alleged 

violations is to destroy or substantially 

injure an industry in the United States. 

Id. 

The Commission’s notice of 

investigation named numerous 

respondents, including: Hobby Lobby of 

Oklahoma City, Oklahoma; Amoji of 

Quanzhou, Fujian Province, China; 

Skechers USA, Inc. of Manhattan Beach, 

California (‘‘Skechers’’); SG Footwear 

Meser Grp. Inc. a/k/a S. Goldberg & Co. 

of Hackensack, New Jersey (‘‘SG 

Footwear’’); Cape Robbin Inc. of 

Pomona, California (‘‘Cape Robbin’’); Dr. 

Leonard’s Healthcare Corp. d/b/a Carol 

Wright of Edison, New Jersey (‘‘Dr. 

Leonard’s’’); Fullbeauty Brands Inc. d/b/ 

a Kingsize of New York, New York 

(‘‘Fullbeauty’’); Legend Footwear, Inc. 

d/b/a/Wild Diva of City of Industry, 

California (‘‘Wild Diva’’); Fujian 

Huayuan Well Import and Export Trade 

Co., Ltd. of Fuzhou, Fujian Province, 

China (‘‘Fujian’’); Yoki Fashion 

International LLC of New York, New 

York (‘‘Yoki’’); Bijora, Inc. d/b/a Akira 

of Chicago, Illinois (‘‘Akira’’); Hawkins 

Footwear, Sports, Military & Dixie Store 

of Brunswick, Georgia (‘‘Hawkins’’); 

Shoe-Nami Inc. of Gretna, Louisiana 

(‘‘Shoe-Nami’’); PW Shoes, Inc. a/k/a 

P&W of Maspeth, New York (‘‘PW’’); 

718Closeouts of Brooklyn, New York 

(‘‘718Closeouts’’); Crocsky of Austin, 

Texas (‘‘Crocsky’’); Hobibear Shoes and 

Clothing Ltd. of Brighton, Colorado 

(‘‘Hobibear’’); Ink Tee of Los Angeles, 

California (‘‘Ink Tee’’); Maxhouse Rise 

Ltd. of Hong Kong, China 

(‘‘Maxhouse’’); La Modish of West 

Covina, California; Loeffler Randall Inc. 

of New York, New York (‘‘Loeffler 

Randall’’); Star Bay of Hackensack, New 

Jersey; and Royal Deluxe Accessories, 

LLC of New Providence, New Jersey 

(‘‘Royal Deluxe’’). The Office of Unfair 

Import Investigations (‘‘OUII’’) was also 

named as a party. 


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Federal Register / Vol. 88, No. 181 / Wednesday, September 20, 2023 / Notices 64927 

On November 17, 2021, the 

Commission amended the complaint 

and notice of investigation to add 

certain new respondents, including Orly 

of New York, New York; Mould 

Industria de Matrizes Ltda. d/b/a/ 

Boaonda of Brazil (‘‘Boaonda’’); 

Dongguan Eastar Footwear Enterprises 

Co., Ltd. of Guangzhou City, China 

(‘‘Eastar’’); KGS Sourcing Ltd. of Hong 

Kong, China (‘‘KGS’’); Fujian Wanjiaxin 

Industrial Developing, Inc. a/k/a Fujian 

Wanjiaxin Light Industrial Developing, 

Inc. of Quanzhou City, China 

(‘‘Wanjiaxin’’); Anao of Jinjiang City, 

China; Walmart Inc. of Bentonville, 

Arkansas (‘‘Walmart’’); and Huizhou of 

Huizhou City, China, and to terminate 

the investigation with respect to 

Crocsky, Hobibear, and Ink Tee. Order 

No. 30 (Oct. 21, 2021), unreviewed by 

Comm’n Notice (Nov. 17, 2021). 

The Commission subsequently 

terminated the investigation with 

respect to various respondents on the 

basis of settlement agreements or 

consent orders. See Order No. 12 (Aug. 

11, 2021) (Skechers), unreviewed by 

Comm’n Notice (Aug. 24, 2021); Order 

No. 16 (Aug. 26, 2021) (SG Footwear) 

and Order No. 17 (Aug. 26, 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) and 

Order No. 23 (Sept. 9, 2021) (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 (Oct. 6, 2021) 

(Hawkins), unreviewed by Comm’n 

Notice (Oct. 29, 2021); Order No. 32 

(Nov. 1, 2021) (Shoe-Nami) and Order 

No. 33 (Nov. 1, 2021) (PW), unreviewed 

by Comm’n Notice (Nov. 29, 2021); 

Order No. 34 (Nov. 10, 2021) (718 

Closeouts), unreviewed by Comm’n 

Notice (Dec. 6, 2021); Order No. 39 (Jan. 

11, 2022) (Eastar), unreviewed by 

Comm’n Notice (Feb. 4, 2022); Order 

No. 46 (March 3, 2022) (Maxhouse, 

Wanjiaxin), unreviewed by Comm’n 

Notice (March 18, 2022); Order No. 49 

(March 15, 2022) (Boaonda), unreviewed 

by Comm’n Notice (April 1, 2022); 

Order No. 54 (April 22, 2022) (Royal 

Deluxe), unreviewed by Comm’n Notice 

(May 17, 2022); Order No. 56 (May 6, 

2022) (Loeffler Randall), unreviewed by 

Comm’n Notice (May 27, 2022); Order 

No. 81 (Sept. 28, 2022) (Walmart), 

unreviewed by Comm’n Notice (Oct. 20, 

2022). The Commission also terminated 

the investigation with respect to KGS for 

good cause. Order No. 40 (Feb. 1, 2022), 

unreviewed by Comm’n Notice (Feb. 22, 

2022). 

On June 10, 2022, the Commission 

found that respondents La Modish, Star 

Bay, Huizhou, and Anao (‘‘Defaulting 

Respondents’’) were in default and 

waived their rights to appear, to be 

served with documents, and to contest 

the allegations in this investigation, 

pursuant to 19 CFR 210.16(b). Order No. 

58 (May 20, 2022), unreviewed by 

Comm’n Notice (June 10, 2022). 

On September 13–16, 2022, the 

presiding administrative law judge 

(‘‘ALJ’’) held an evidentiary hearing 

with Crocs, OUII, and the remaining 

respondents Orly, Hobby Lobby 

(collectively, ‘‘the Orly Respondents’’), 

and Amoji (all collectively, 

‘‘Respondents’’). 

On January 9, 2023, the ALJ issued 

the subject final ID, finding no violation 

of section 337 because: (1) Crocs did not 

prove that Respondents infringe the 

Asserted Marks; (2) Crocs did not prove 

that Respondents falsely designate the 

origin of their accused products or cause 

unfair competition; (3) Crocs did not 

prove that Respondents dilute the 

Asserted Marks by blurring or 

tarnishment; (4) the 3D Marks are 

invalid for lack of secondary meaning; 

and (5) Crocs waived its infringement 

contentions against Defaulting 

Respondents. ID at 71–72, 83–86, 148– 

49. The ID also finds that Crocs has 

satisfied both the technical and 

economic prongs of the domestic 

industry requirement. Id. at 130, 149. 

The ID further finds that Respondents 

failed to prove that the 3D Marks are 

invalid as functional or that the Word 

Mark is invalid as generic. Id. at 128– 

29, 149. The ID takes no position on 

Crocs’s alleged injury or Respondents’ 

fair use defense. Id. at 129–30. 

On January 13, 2023, the Commission 

issued a notice soliciting submissions 

from the public on the public interest 

implications of any remedial orders the 

Commission may issue in this case. 88 

FR 3437 (Jan. 19, 2023). On February 9, 

2023, non-party Joybees, LLC, a U.S. 

seller of footwear, filed a statement 

opposing issuance of a general 

exclusion order, (‘‘GEO’’). EDIS Doc. ID 

790010 (Feb. 9, 2023). The Commission 

also received a letter dated June 14, 

2023, from U.S. Representative Brittany 

Pettersen (CO–7), who represents the 

congressional district in which Crocs in 

headquartered. EDIS Doc. ID 798554 

(June 14, 2023). 

On April 5, 2023, the Commission 

determined to review the ID’s findings 

that: (1) Crocs waived its infringement 

contentions against the lined version of 

Orly’s Gators; (2) the 3D Marks are not 

entitled to the presumption of validity 

and are invalid for lack of secondary 

meaning; (3) Crocs waived its 

infringement contentions against 

Defaulting Respondents; (4) subject 

matter jurisdiction; (5) likelihood of 

confusion; (6) false designation of 

origin; (7) dilution; and (8) the technical 

and economic prongs of domestic 

industry. Comm’n Notice at 3–4 (Apr. 5, 

2023); 88 FR 21712–15 (Apr. 11, 2023). 

The Commission determined not to 

review the remaining findings in the ID. 

On April 19, 2023, Crocs, the Orly 

Respondents, and OUII filed their 

responses to the Commission’s notice of 

review. On April 26, 2023, the parties 

filed their respective replies. Amoji did 

not file its own response or join the 

briefing by the Orly Respondents. 

Having reviewed the ID, the parties’ 

submissions, and the evidence of 

record, the Commission has determined 

to affirm and adopt the ID’s findings 

that Respondents have not infringed or 

diluted any of the Asserted Marks, 

falsely designated the origin of their 

Accused Products, or engaged in unfair 

competition. The Commission has 

determined to reverse the ID’s finding 

that Crocs waived its infringement 

contentions with respect to the lined 

versions of the accused Orly Gators and 

find instead that Crocs failed to prove 

infringement by the lined Orly Gators. 

The Commission takes no position on 

Orly’s alleged first sale in April 2016, 

the presumption of validity, secondary 

meaning, injury, fair use, and the 

technical and economic prongs of the 

domestic industry requirement. 

The Commission has further 

determined to issue an LEO to 

Defaulting Respondents and CDOs to 

defaulting respondents La Modish and 

Star Bay pursuant to section 337(g)(1). 

19 U.S.C. 1337(g)(1). 

The Commission’s reasoning in 

support of its determinations is set forth 

more fully in its opinion issued 

herewith. Commissioner Kearns 

dissents from the Commission’s finding 

of no violation of section 337 for the 

reasons detailed in his dissenting views 

issued herewith. 

The investigation is hereby 

terminated. 

The Commission vote for this 

determination took place on September 

14, 2023. 

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). 


lotter on DSK11XQN23PROD with NOTICES1
64928 Federal Register / Vol. 88, No. 181 / Wednesday, September 20, 2023 / Notices 

By order of the Commission. 

Issued: September 14, 2023. 

Katherine Hiner, 

Supervisory Attorney. 

[FR Doc. 2023–20345 Filed 9–19–23; 8:45 am] 

BILLING CODE 7020–02–P 

INTERNATIONAL TRADE 

COMMISSION 

[USITC SE–23–045] 

Sunshine Act Meetings 

AGENCY HOLDING THE MEETING: United 

States International Trade Commission. 

TIME AND DATE: September 25, 2023 at 

11:00 a.m. 

PLACE: Room 101, 500 E Street SW, 

Washington, DC 20436, Telephone: 

(202) 205–2000. 

STATUS: Open to the public. 

MATTERS TO BE CONSIDERED: 

1. Agendas for future meetings: none. 

2. Minutes. 

3. Ratification List. 

4. Commission vote on Inv. Nos. 701– 

TA–684 and 731–TA–1597–1598 

(Final)(Gas Powered Pressure Washers 

from China and Vietnam). The 

Commission currently is scheduled to 

complete and file its determinations and 

views of the Commission on October 13, 

2023. 

5. Outstanding action jackets: none. 

CONTACT PERSON FOR MORE INFORMATION: 

Sharon Bellamy, Supervisory Hearings 

and Information Officer, 202–205–2000. 

The Commission is holding the 

meeting under the Government in the 

Sunshine Act, 5 U.S.C. 552(b). In 

accordance with Commission policy, 

subject matter listed above, not disposed 

of at the scheduled meeting, may be 

carried over to the agenda of the 

following meeting. 

By order of the Commission. 

Issued: September 15, 2023. 

Sharon Bellamy, 

Supervisory Hearings and Information 

Officer. 

[FR Doc. 2023–20423 Filed 9–18–23; 11:15 am] 

BILLING CODE 7020–02–P 

DEPARTMENT OF JUSTICE 

[OMB Number 1117–0001] 

Agency Information Collection 

Activities; Proposed eCollection, 

eComments Requested; Revision of a 

Previously Approved Collection; 

Report of Theft or Loss of Controlled 

Substance and Report of Loss or 

Disappearance of Listed Chemicals 

AGENCY: Drug Enforcement 

Administration, Department of Justice. 

ACTION: 60-Day notice. 

SUMMARY: The Drug Enforcement 

Administration (DEA), Department of 

Justice (DOJ), will be submitting the 

following information collection request 

to the Office of Management and Budget 

(OMB) for review and approval in 

accordance with the Paperwork 

Reduction Act of 1995. 

DATES: Comments are encouraged and 

will be accepted for 60 days until 

November 20, 2023. 

FOR FURTHER INFORMATION CONTACT: If 

you have additional comments 

especially on the estimated public 

burden or associated response time, 

suggestions, or need a copy of the 

proposed information collection 

instrument with instructions or 

additional information, please contact 

Scott A. Brinks, Regulatory Drafting and 

Policy Support Section, Drug 

Enforcement Administration; Mailing 

Address: 8701 Morrissette Drive, 

Springfield, Virginia 22152; Telephone: 

(571) 362–3261, Email: scott.a.brinks@

dea.gov. 

SUPPLEMENTARY INFORMATION: Written 

comments and suggestions from the 

public and affected agencies concerning 

the proposed collection of information 

are encouraged. Your comments should 

address one or more of the following 

four points: 

—Evaluate whether the proposed 

collection of information is necessary 

for the proper performance of the 

functions of the Bureau of Justice 

Statistics, including whether the 

information will have practical utility; 

—Evaluate the accuracy of the agency’s 

estimate of the burden of the 

proposed collection of information, 

including the validity of the 

methodology and assumptions used; 

—Evaluate whether and if so how the 

quality, utility, and clarity of the 

information to be collected can be 

enhanced; and 

—Minimize the burden of the collection 

of information on those who are to 

respond, including through the use of 

appropriate automated, electronic, 

mechanical, or other technological 

collection techniques or other forms 

of information technology, e.g., 

permitting electronic submission of 

responses. 

Abstract: In accordance with current 

21 CFR 1301.74, a DEA registrant must 

notify the Field Division Office of the 

Administration in writing, of any theft 

or significant loss of any controlled 

substance within one business day of 

discovery of the theft or loss, and must 

complete and send to the DEA a DEA 

Form 106 upon determination of a theft 

or significant loss. The DEA Form 106 

is designed to provide a uniform 

method of reporting and recording thefts 

and losses of controlled substances as 

required by 21 U.S.C. 827, 21 CFR 

1301.74(c) and 1301.76(b). The form is 

entitled ‘‘Report of Theft or Loss of 

Controlled Substances’’ and it is used by 

the DEA to help determine the 

quantities and types of controlled 

substances that are stolen or lost. It may 

also serve as a record of the theft or loss 

for the registrant. DEA is modifying this 

collection to move DEA Form 107 from 

1117–0024 to this collection, as DEA 

Form 107 is more aligned with DEA 

Form 106. DEA Form 107 is used by 

regulated persons involved in reporting 

unusual or excessive loss or 

disappearance of a listed chemical. Each 

regulated person must report to the 

Special Agent in Charge of the DEA 

Diversional Office for the area in which 

the regulated person making the report 

is located any unusual or excessive loss 

or disappearance of a listed chemical 

under the control of the regulated 

person. 

Overview of This Information 

Collection 

1. Type of Information Collection: 

Revision of a currently approved 

collection. 

2. Title of the Form/Collection: Report 

of Theft or Loss of Controlled Substance 

and Reports of Loss or Disappearance of 

Listed Chemicals. 

3. The agency form number, if any, 

and the applicable component of the 

Department sponsoring the collection: 

DEA Form 106 and DEA Form 107. The 

applicable component within the 

Department of Justice is the Drug 

Enforcement Administration, Diversion 

Control Division. 

4. Affected public who will be asked 

or required to respond, as well as the 

obligation to respond: Affected public 

(Primary): Private Sector—business or 

other for-profit. Other: Private Sector— 

businesses not-for-profit institutions; 

Federal, State, local, and tribal 

governments. 

5. An estimate of the total number of 

respondents and the amount of time 


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