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[Federal Register Volume 89, Number 243 (Wednesday, December 18, 2024)]
[Notices]
[Pages 102951-102953]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-29977]

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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1428]

Certain Women's Flats With Colored Outsoles Thereof; Notice of 
Institution of Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on November 13, 2024, under section 
337 of the Tariff Act of 1930, as amended, on behalf of Gavrieli Brands 
LLC of Culver City, California. An amended complaint was filed on 
November 20, 2024. A supplement to the amended complaint was filed on 
December 2, 2024. The complaint, as amended and 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 women's flats with colored outsoles 
thereof by reason of infringement of the claim of one or more of U.S. 
Design Patent No. D681,928 (the `` '928 patent''), U.S. Design Patent 
No. D844,950 (the `` '950 patent''), U.S. Design Patent No. D844,951 
(the `` '951

[[Page 102952]]

patent''), U.S. Design Patent No. D681,927 (the `` '927 patent''), U.S. 
Design Patent No. D781,035 (the `` '035 patent''), U.S. Design Patent 
No. D781,032 (the `` '032 patent''), U.S. Design Patent No. D686,812 
(the `` '812 patent''), and U.S. Design Patent No. D688,853 (the `` 
'853 patent''). The complaint further alleges that an industry in the 
United States exists as required by the applicable Federal Statute. The 
complaint also alleges violations of section 337 based upon the 
importation into the United States, or in the sale of certain flats 
with colored outsoles thereof by reason of trade dress infringement, 
the threat or effect of which is to destroy or substantially injure an 
industry in the United States. The complainant requests that the 
Commission institute an investigation and, after the investigation, 
issue a general exclusion order, or in the alternative a limited 
exclusion, and cease and desist orders.

ADDRESSES: The complaint, as amended and supplemented, except for any 
confidential information contained therein, may be viewed on the 
Commission's electronic docket (EDIS) at https://edis.usitc.gov. For 
help accessing EDIS, please email [email protected]. Hearing impaired 
individuals are advised that information on this matter can be obtained 
by contacting the Commission's TDD terminal on (202) 205-1810. Persons 
with mobility impairments who will need special assistance in gaining 
access to the Commission should contact the Office of the Secretary at 
(202) 205-2000. General information concerning the Commission may also 
be obtained by accessing its internet server at https://www.usitc.gov.

FOR FURTHER INFORMATION CONTACT: Pathenia M. Proctor, The Office of 
Unfair Import Investigations (202) 205-2560.

SUPPLEMENTARY INFORMATION: 
    Authority: The authority for institution of this investigation is 
contained in section 337 of the Tariff Act of 1930, as amended, 19 
U.S.C. 1337, and in section 210.10 of the Commission's Rules of 
Practice and Procedure, 19 CFR 210.10 (2024).
    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on December 12, 2024, ordered that--
    (1) Pursuant to subsection (b) of section 337 of the Tariff Act of 
1930, as amended,
    (a) an investigation be instituted to determine whether there is a 
violation of subsection (a)(1)(A) of section 337 in the importation or 
sale of certain products identified in paragraph (2) by reason of trade 
dress infringement, the threat of which is to destroy or substantially 
injure an industry in the United States;
    (b) an investigation be instituted to determine whether there is a 
violation of subsection (a)(1)(B) of section 337 in the importation 
into the United States, the sale for importation, or the sale within 
the United States after importation of certain products identified in 
paragraph (2) by reason of infringement of the claim of the '928 
patent; the claim of the '950 patent; the claim of the '951 patent; the 
claim of the '927 patent; the claim of the '035 patent; the claim of 
the '032 patent; the claim of the '812 patent; and the claim of the 
'853 patent, and whether an industry in the United States exists as 
required by subsection (a)(2) of section 337;
    (2) Pursuant to section 210.10(b)(1) of the Commission's Rules of 
Practice and Procedure, 19 CFR 210.10(b)(1), the plain language 
description of the accused products or category of accused products, 
which defines the scope of the investigation, is ``women's ballet flats 
with colored outsoles thereof'';
    (3) For the purpose of the investigation so instituted, the 
following are hereby named as parties upon which this notice of 
investigation shall be served:
    (a) The complainant is: Gavrieli Brands LLC, 5731 Buckingham 
Parkway, Culver City, California 90230.
    (b) The respondents are the following entities alleged to be in 
violation of section 337, and are the parties upon which the complaint 
is to be served:

Kijera's OneDrop LLC, 630 Malcolm X Blvd., Suite 8M, New York, NY 10037
Craze, CSFD 1008 Maria Clara Road, Essel Park, CSFD, Philippines
Pierjeda Information Technology Co., Ltd., Room 413, 4 Floor, No. 50 
Huihua Road, Tonde Street, Baiyun District, Guangzhou, China
Shengze Trading Company, 122 Linhou, Meixi Village, Shiliu Town, 
Zhangpu County, Zhangshou City, Fujian Province, China
Guangzhou Shun Cheng Trading Co., Ltd., Room 501, No. 5, Lane 4, 
Hongxingqiaobian Street, Shimen Street, Baiyun District, Guangzhou, 
China
Kunming Ouxiang Trading Co., Ltd., No. 1808, 18th Floor, Caizhi Xinjing 
Building, No. 924 Beijing Road, Lianmeng Street, Panlong District, 
Kunming City, Yunnan Province, China
Huihui Bianan, No. 18 West Avenue, Huilong Weihuo B17, Huilonguan, 
Changping District, Beijing, China
Bingxin Qingfeng, 3rd Floor, Building A, Apro Industrial Zone, No. 1 
Shenghong Road, Huangpu Town, Zhongshan City, Guangdong, Province, 
China
Baiqiuju1983, 3rd Floor, Building A, Apro Industrial Zone, No. 1 
Shenghong Road, Huangpu Town, Zhongshan City, Guangdong, Province, 
China
tb249835650, 3rd Floor, Building A, Apro Industrial Zone, No. 1 
Shenghong Road, Huangpu Town, Zhongshan City, Guangdong, Province, 
China
Yuyoufang Foreign Trade Store, 3rd Floor, Building A, Apro Industrial 
Zone, No. 1 Shenghong Road, Huangpu Town, Zhongshan City, Guangdong, 
Province, China
Xu Wenping 123, 3rd Floor, Building A, Apro Industrial Zone, No. 1 
Shenghong Road, Huangpu Town, Zhongshan, City, Guangdong Province, 
China
Ynwll, No. 18 West Avenue, Huilong Weihuo B16, Huilonguan, Changping 
District, Beijing No. 18, Huilongguan, China

    (c) The Office of Unfair Import Investigations, U.S. International 
Trade Commission, 500 E Street SW, Suite 401, Washington, DC 20436; and
    (4) For the investigation so instituted, the Chief Administrative 
Law Judge, U.S. International Trade Commission, shall designate the 
presiding Administrative Law Judge.
    Responses to the complaint and the notice of investigation must be 
submitted by the named respondents in accordance with section 210.13 of 
the Commission's Rules of Practice and Procedure, 19 CFR 210.13. 
Pursuant to 19 CFR 201.16(e) and 210.13(a), as amended in 85 FR 15798 
(March 19, 2020), such responses will be considered by the Commission 
if received not later than 20 days after the date of service by the 
complainant of the complaint and the notice of investigation. 
Extensions of time for submitting responses to the complaint and the 
notice of investigation will not be granted unless good cause therefor 
is shown.
    Failure of a respondent to file a timely response to each 
allegation in the complaint and in this notice may be deemed to 
constitute a waiver of the right to appear and contest the allegations 
of the complaint and this notice, and to authorize the administrative 
law judge and the Commission, without further notice to the respondent, 
to find the facts to be as alleged in the complaint and this notice and 
to enter an initial determination

[[Page 102953]]

and a final determination containing such findings, and may result in 
the issuance of an exclusion order or a cease and desist order or both 
directed against the respondent.

    By order of the Commission.

    Issued: December 13, 2024.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2024-29977 Filed 12-17-24; 8:45 am]
BILLING CODE 7020-02-P
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