[Federal Register Volume 87, Number 58 (Friday, March 25, 2022)]
[Notices]
[Pages 17100-17101]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-06295]


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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 Motion To Amend the 
Complaint and Notice of 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. 8) 
granting an unopposed motion to amend the complaint and notice of 
investigation (``NOI'') to (1) add an additional adidas respondent, 
adidas International Trading AG of Lucerne, Switzerland (``adidas 
International'') and (2) add Harmonized Tariff Schedule (``HTS'') 
numbers for the imported accused products and identify additional 
countries from which the accused products are imported.

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 
<a href="/cdn-cgi/l/email-protection#81c4c5c8d2b2c9e4edf1c1f4f2e8f5e2afe6eef7"><span class="__cf_email__" data-cfemail="1257565b41215a777e625267617b66713c757d64">[email protected]</span></a>. General

[[Page 17101]]

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: 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 February 22, 2022, Nike moved under 19 CFR 210.14 to amend the 
Complaint and NOI to (1) add adidas International as a respondent; and 
(2) to add importation information for the accused products relating to 
HTS numbers and countries of origin. Nike argued that it did not know 
about the role of adidas International until the existing respondents 
filed their responses to the complaint and NOI and that adding adidas 
International ``is necessary to provide a complete evidentiary record 
regarding the distribution, sale for importation, importation, and sale 
after importation of the Accused Products, among other issues.'' ID at 
2. Similarly, Nike argued that it did not know about the additional HTS 
numbers and countries of origin until receiving responses to the 
complaint and NOI. Nike stated that the named adidas respondents do not 
oppose the motion. Id. at 1.
    On March 7, 2022, the ALJ issued the subject ID, granting the 
motion. The ID found that good cause exists to grant the motion to add 
adidas International as a respondent and add information regarding HTS 
numbers of the imported accused products and their countries of origin. 
Id. at 3-4. No one petitioned for review of the subject ID.
    The Commission has determined not to review the subject ID. adidas 
International is added to the investigation as a respondent.
    The Commission vote for this determination took place on March 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: March 21, 2022.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2022-06295 Filed 3-24-22; 8:45 am]
BILLING CODE 7020-02-P


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