UNITED STATES INTERNATIONAL TRADE COMMISSION
`Washington, D.C.
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`In the Matter of
`CERTAIN CASUAL FOOTWEAR
`AND PACKAGING THEREOF
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`Investigation No. 337-TA-1270
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`NOTICE OF A COMMISSION DETERMINATION NOT TO REVIEW TWO INITIAL
`DETERMINATIONS TO ADD CERTAIN NEW RESPONDENTS, TO PARTIALLY
`TERMINATE THE INVESTIGATION WITH RESPECT TO CERTAIN OTHER
`CURRENT RESPONDENTS, AND TO EXTEND THE TARGET DATE
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`AGENCY: U.S. International Trade Commission.
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`ACTION: Notice.
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`SUMMARY: Notice is hereby given that the U.S. International Trade Commission
`(“Commission”) has determined not to review two initial determinations (“ID”) issued by the
`presiding chief administrative law judge (“CALJ”) to: (i) amend the complaint and notice of
`investigation to add certain new respondents and partially terminate the investigation with
`respect to certain other respondents (Order No. 30); and (ii) extend the target date for completion
`of this investigation to May 9, 2023 (Order No. 31).
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`FOR FURTHER INFORMATION CONTACT: Carl P. Bretscher, Esq., Office of the
`General Counsel, U.S. International Trade Commission, 500 E Street S.W., Washington, D.C.
`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.
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`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 of one of more of U.S. Trademark
`Registration Nos. 3,836,415; 5,149,328; and 5,273,875. Id. The complaint further alleges that a
`domestic industry exists. Id.
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`The Commission’s notice of investigation named twenty-three respondents: Hawkins
`Footwear, Sports, Military & Dixie Store of Brunswick, Georgia (“Hawkins”); Bijora, Inc. d/b/a
`Akira of Chicago, Illinois (“Akira”); Yoki Fashion International LLC of New York, New York
`(“Yoki”); Dr. Leonard’s Healthcare Corp. d/b/a Carol Wright of Edison, New Jersey (“Dr.
`Leonard’s”); Cape Robbin Inc. of Pomona, California (“Cape Robbin”); SG Footwear Meser
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`Grp. Inc. a/k/a Goldberg & Co. of Hackensack, New Jersey (“SG Footwear”); Skechers USA,
`Inc. of Manhattan Beach, California (“Skechers”); Fujian Huayan Well Import and Export Trade
`Co., Ltd. of Fuzhou, Fujian Province, China (“Fujian”); Fullbeauty Brands Inc. of New York,
`New York (“Fullbeauty”); Legend Footwear, Inc. d/b/a Wild Diva of City of Industry, California
`(“Wild Diva”); Crocsky of Austin, Texas (“Crocsky”); Hobibear Shoes and Clothes Ltd. of
`Brighton, Colorado (“Hobibear”); Ink Tee of Los Angeles, California (“Ink Tee”); Hobby Lobby
`Stores, Inc. of Oklahoma City, Oklahoma (“Hobby Lobby”); La Modish Boutique of West
`Covina, California; Loeffler Randall Inc. of New York, New York (“Loeffler Randall”);
`Maxhouse Rise Ltd. of Hong Kong (“Maxhouse Rise”); PW Shoes, Inc. of Maspeth, New York;
`Shoe-Nami Inc. of Gretna, Louisiana; Star Bay Group Inc. of Hackensack, New Jersey;
`Quanzhou ZhengDe Network Corp. of Quanzhou, Fujian Province, China; 718 Closeouts of
`Brooklyn, New York; and Royal Deluxe Accessories, LLC of New Providence, New Jersey.
`The Office of Unfair Import Investigations (“OUII”) was also named as a party to this
`investigation.
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`On August 24, 2021, the Commission partially terminated the investigation with respect
`to Skechers based on a settlement agreement between Crocs and Skechers. Order No. 12 (Aug.
`11, 2021), unreviewed by Comm’n Notice (Aug. 24, 2021). The Commission has also partially
`terminated the investigation with respect to certain respondents based on settlement agreements,
`consent orders, and consent order stipulations and issued the consent orders accordingly. See
`Order No. 16 (Aug. 26, 2021) (terminating SG Footwear), Order No. 17 (Aug. 16, 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), Order No. 23 (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 (Sept. 21, 2021)
`(Hawkins), unreviewed by Comm’n Notice (Oct. 29, 2021).
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`On September 13, 2021, Crocs moved to amend the complaint and notice of
`investigation, based on information obtained during discovery, to add eleven new respondents:
`Huizhou Xinshunzu Shoes Co., Ltd. (“Huizhou”); Orley Shoe Corp (“Orley”); Dongguan Eastar
`Footwear Enterprises Co., Ltd. (“Eastar Footwear”); KGS Sourcing Ltd. (“KGS”); Mould
`Industria de Matrizes Ltda. d/b/a Boaonda (“Boaonda”); Fujian Wanjiaxin Industrial Developing,
`Inc. a/k/a Fujian Wanjiaxin Light Industrial Developing, Inc. (“Wanjiaxin Industrial
`Developing”); Walmart Inc. (“Walmart”); Jinjiang Anao Footwear Co., Ltd (“Anao”);
`Burlington Shoes, Inc. (“Burlington”); Mamiye Brothers Inc. (“Mamiye”); and Jinjiang LinQi
`Shoes & Clothes Co., Ltd. (“LinQi”). Crocs also moved to partially terminate the investigation
`with respect to current respondents Crocsky, Ink Tee, and Hobibear Shoes, and to amend the
`complaint to identify these three entities as “unknown manufacturers.”
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`On September 23, 2021, current respondents Hobby Lobby, Loeffler Randall, and
`Maxhouse Rise filed a response opposing the addition of any new respondents other than
`Walmart. On the same date, proposed respondent Eastar filed a response opposing the addition
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`of itself as a respondent. Proposed respondent Walmart filed a response stating it did not oppose
`being named as a respondent, provided the proposed schedule is extended three months. OUII
`filed a response stating it did not oppose adding Huizhou, Orly, Eastar Footwear, KGS, Boaonda,
`Wanjiaxin Industrial Developing, Anao, and Walmart as proposed new respondents, provided
`steps are taken to minimize any potential prejudice. OUII opposed adding Burlington, Mamiye
`Brothers, and LinQi as respondents for lack of good cause. OUII did not oppose Crocs’ motion
`to partially terminate the investigation with respect to Crocsky, Ink Tee, and Hobibear.
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`On October 21, 2021, the presiding CALJ issued the subject Order No. 30, granting
`Crocs’ motion in part by adding Huizhou, Orly, Eastar Footwear, KGS, Boaonda, Anao,
`Wanjiaxin Industrial Developing, and Walmart as respondents, but denying Crocs’ motion with
`respect to proposed respondents Burlington, Mamiye Brothers, and LinQi for lack of good cause.
`Order No. 30 further grants Crocs’ motion to partially terminate the investigation with respect to
`Crocsky, Ink Tee, and Hobibear, but denies its motion to amend the complaint to identify these
`three entities as “unknown manufacturers.” Order No. 30 further states that a four-month
`extension of the procedural schedule, including the hearing schedule and target date, is necessary
`to avoid prejudicing the newly added respondents.
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`On October 22, 2021, the presiding CALJ issued the subject Order No. 31, extending the
`target date by four months to May 9, 2023. Order No. 31 also reschedules the evidentiary
`hearing to September 12-16, 2022, and the due date for issuance of the final initial determination
`on violation to January 9, 2023.
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`No party filed a petition for review of the subject ID.
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`The Commission has determined not to review Order No. 30 or Order No. 31. Huizhou,
`Orly, Eastar Footwear, KGS, Boaonda, Anao, Wanjiaxin Industrial Developing, and Walmart are
`hereby added as respondents, and the investigation is partially terminated with respect to
`Crocsky, Ink Tee, and Hobibear. The target date is hereby extended to May 9, 2023.
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`The Commission vote for this determination took place on November 16, 2021.
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`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).
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`By order of the Commission.
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`Lisa R. Barton
`Secretary to the Commission
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`Issued: November 17, 2021
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