[Federal Register Volume 60, Number 100 (Wednesday, May 24, 1995)]
[Notices]
[Pages 27553-27554]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-12728]



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INTERNATIONAL TRADE COMMISSION

Investigation No. 337-TA-375


Certain Clog Style Articles of Footwear; Notice of Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Institution of investigation pursuant to 19 U.S.C. Sec. 1337.

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SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on April 18, 1995, under section 
337 of the Tariff Act of 1930, as amended, 19 U.S.C. Sec. 1337, on 
behalf of R. G. Barry Corporation, 13405 Yarmouth Road, N.W., 
Pickerington, Ohio 43147. A supplement to the complaint dated May 8, 
1995 was filed on May 10, 1995. The complaint, as supplemented, alleges 
a violation of section 337 in the importation into the United States, 
the sale for importation, and the sale within the United States after 
importation of certain clog style articles of footwear by reason of 
alleged infringement of claims 1-5 of U.S. Letters Patent 5,392,532, 
and that there exists an industry in the United States as required by 
subsection (a)(2) of section 337.
    The complainant requests that the Commission institute an 
investigation and, after a full investigation, issue a permanent 
exclusion order and permanent cease and desist orders.

ADDRESSES: The complaint, except for any confidential information 
contained therein, is 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, S.W., Room 112, 
Washington, D.C. 20436, telephone 202-205-1802. Hearing-impaired 
individuals are advised that information on this matter can be obtained 
by contacting the Commission's TDD terminal on 202-205-1810.

FOR FURTHER INFORMATION CONTACT: Steven A. Glazer, Esq., Office of 
Unfair Import Investigations, U.S. International Trade Commission, 
telephone 202-205-2577.

AUTHORITY: The authority for institution of this investigation is 
contained in section 337 of the Tariff Act of 1930, as amended, and in 
Sec. 210.10 of the Commission's Final Rules of Practice and Procedure, 
59 Fed. Reg. 39020, 39043 (August 1, 1994).

SCOPE OF INVESTIGATION: Having considered the complaint, the U.S. 
International Trade Commission, on May 16, 1995, Ordered That --
    (1) Pursuant to subsection (b) of section 337 of the Tariff Act of 
1930, as amended, 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 clog style 
articles of footwear by reason of alleged infringement of claims 1-5 of 
U.S. Letters Patent 5,392,532, and whether there exists an industry in 
the United States as required by subsection (a)(2) of section 337.
    (2) 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--R. G. Barry Corporation, 13405 Yarmouth 
Road, N.W., Pickerington, Ohio 43147
    (b) The respondents are the following companies alleged to be in 
violation of section 337, and are the parties upon which the complaint 
is to be served:

Mervyn's, Inc., 25001 Industrial Blvd., P.O. Box 5020, Hayward, CA 
94545-2801
S. Goldberg & Co., Inc., 20 E. Broadway, Hackensack, NJ 07601.

    (c) Steven A. Glazer, Esq., Office of Unfair Import Investigations, 
U.S. International Trade Commission, 500 E Street SW., Room 401K, 
Washington, D.C. 20436, who shall be the Commission investigative 
attorney, party to this investigation; and
    (3) For the investigation so instituted, Janet D. Saxon, 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 Sec. 210.13 of 
the Commission's Final Rules of Practice and Procedure, 59 FR 39020, 
39045 (August 1, 1994). Pursuant to 19 CFR 201.16(d) and 210.13(a) of 
the Commission's Final Rules, 59 FR at 39045, such responses will be 
considered by the Commission if received not later than 20 days after 
the date of service by the Commission of the complaint and notice of 
investigation. Extensions of time for submitting responses to the 
complaint 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 [[Page 27554]] notice, and to authorize the 
administrative law judge and the Commission, without further notice to 
such respondent, to find the facts to be as alleged in the complaint 
and this notice and to enter both an initial determination and a final 
determination containing such findings, and may result in the issuance 
of a limited exclusion order or a cease and desist order or both 
directed against such respondent.

     Issued: May 17, 1995.

    By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 95-12728 Filed 5-23-95; 8:45 am]
BILLING CODE 7020-02-P