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 AN INITIAL
`DETERMINATION FINDING CERTAIN RESPONDENTS IN DEFAULT
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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 an initial determination (“ID”) (Order No. 58)
`issued by the presiding administrative law judge (“ALJ”) finding respondents La Modish
`Boutique (“La Modish”), Star Bay Group Inc. (“Star Bay”), Huizhou Xinshunzu Shoes Co., Ltd.
`(“Huizhou”), and Jinjiang Anao Footwear Co. (“Anao”) in default.
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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, 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: Skechers
`USA, Inc. of Manhattan Beach, California (“Skechers”); SG Footwear Meser Grp. Inc. a/k/a
`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. of New York, New York (“Fullbeauty”);
`Legend Footwear, Inc. d/b/a/ Wild Diva of City of Industry, California (“Wild Diva”); Fujian
`Huayan Well Import and Export Trade Co., Ltd. of Fuzhou, Fujian Province, China (“Fujian”);
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`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. of
`Maspeth, New York (“PW”); 718Closeouts of Brooklyn, New York (“718Closeouts”); Crocsky
`of Austin, Texas (“Crocsky”); Hobibear Shoes and Clothes Ltd. of Brighton, Colorado
`(“Hobibear”); Ink Tee of Los Angeles, California (“Ink Tee”); Maxhouse Rise Ltd. of Hong
`Kong, China (“Maxhouse”); Hobby Lobby Stores, Inc. of Oklahoma City, Oklahoma; La Modish
`of West Covina, California; Loeffler Randall Inc. of New York, New York (“Loeffler Randall”);
`Star Bay of Hackensack, New Jersey; Quanzhou ZhengDe Network Corp. of Quanzhou, Fujian
`Province, China; 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 to this
`investigation.
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`On November 17, 2021, the Commission amended the complaint and notice of
`investigation to add certain new respondents, including Mould Industria de Matrizes Ltda. d/b/a/
`Boaonda (“Boaonda”), Dongguan Eastar Footwear Enterprises Co., Ltd. (“Eastar”); KGS
`Sourcing Ltd. (“KGS”), Fujian Wanjiaxin Industrial Developing, Inc. a/k/a Fujian Wanjiaxin
`Light Industrial Developing, Inc. (“Wanjiaxin”), Huizhou, and Anao, 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 Eastar, Maxhouse, Wanjiaxin, and Boaonda, based on consent
`orders and consent order stipulations. 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 22, 2022); Order No. 54 (March 15, 2022) (Boaonda),
`unreviewed by Comm’n Notice (April 1, 2022). The Commission also terminated the
`investigation with respect to KGS for good cause. Order No. 40 (Feb. 1, 2022) (KGS),
`unreviewed by Comm’n Notice (Feb. 22, 2022).
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`The Commission also has partially terminated the investigation with respect to certain
`respondents on the basis of settlement agreements or consent orders. See Order No. 12 (Aug. 11,
`2021) (terminating Skechers), unreviewed by Comm’n Notice (Aug. 24, 2021); Order No. 16
`(Aug. 26, 2021) (SG Footwear) and 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) and 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 (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.
`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).
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`On April 11, 2022, Crocs moved for an order to direct respondents La Modish, Star Bay,
`Huizhou, and Anao (collectively, “the Non-Participating Respondents”) to demonstrate why they
`should not be found in default for failing to respond to the complaint and notice of investigation,
`pursuant to Commission Rule 210.16(a) (19 CFR 210.16(a)). Crocs’ motion included proof it
`had successfully served the complaint, amended complaint, and notice of investigation on each
`of the Non-Participating Respondents, but that none of the Non-Participating Respondents had
`answered. On April 15, 2022, OUII filed a response in support of Crocs’ motion. No other
`responses were received.
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`On April 26, 2022, the presiding ALJ issued the requested order (Order No. 55) directing
`each of the Non-Participating Respondents to show cause by May 18, 2022, why it should not be
`found in default and why judgment should not be rendered against it. Order No. 55 (April 26,
`2022). None of the Non-Participating Respondents responded to Order No. 55.
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`Accordingly, on March 30, 2022, the presiding ALJ issued the subject ID (Order No. 58)
`finding each Non-Participating Respondent is in default, pursuant to Commission Rule 210.16(b)
`(19 CFR 210.16(b)). Having found La Modish, Star Bay, Huizhou, and Anao in default, Order
`No. 58 holds that the Non-Participating Respondents have waived their rights to appear, to be
`served with documents, and to contest the allegations in this investigation, pursuant to
`Commission Rules 210.16(b)(4) and 210.17(h) (19 CFR 210.16(b)(4), 210.17(h)).
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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, and thereby adopt, the subject ID. La
`Modish, Star Bay, Huizhou, and Anao are hereby found in default and have no further right to
`appear, to be served with documents, or to contest the allegations in this investigation.
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`The Commission vote for this determination took place on June 9, 2022.
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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: June 10, 2022
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