AUTHENTICATED
`US, GOVERNMENT
`INFORMATION
`GPa,
`
`
`
` 64926 Federal Register/Vol. 88, No. 181/Wednesday, September 20, 2023/Notices
`
`OREGON
`Multnomah County
`Parker, J. J. and Hazel, House, 2911 NW
`Raleigh Street, Portland, SG100009462
`PUERTO RICO
`
`Cidra Municipality
`Teatro Iberia, 24 Jose de Diego, Cidra,
`SG100009465
`
`SOUTH CAROLINA
`
`Greenville County
`Borden Ice Cream Factory, 711 West
`Washington St., Greenville, SG100009444
`TEXAS
`
`Aransas County
`Bracht House, 902 East Cornwall St.,
`Rockport, SG100009445
`VERMONT
`
`Lamoille County
`Lake Elmore Historic District, VT12, between
`Westphal and Greaves Hill Rds., Elmore,
`SG100009447
`
`VIRGINIA
`
`Norfolk IndependentCity
`De Paul Hospital Complex Historic District,
`150 Kingsley Ln., Norfolk, SG100009429
`
`Richmond IndependentCity
`Hermitage Road WarehouseHistoric District
`(Boundary Increase), Hermitage Rd., 1700
`blk. of Rhoadmiller St., Richmond
`(IndependentCity), BC100009430
`WISCONSIN
`
`Dane County
`Madison Vocational School (Boundary
`Decrease), 211 North Carroll St., Madison,
`BC100009436
`
`A request for removal has been made
`for the following resource(s):
`NORTH DAKOTA
`
`Grand Forks County
`Lyons Garage, (Downtown Grand Forks
`MRA), 214—218 N 4th St., Grand Forks,
`OT82001330
`Houseat 1648 Riverside Drive, 1648
`Riverside Dr., Grand Forks, OT94001074
`VERMONT
`
`Bennington County
`Johnny Seesaw’s Historic District, 3574 VT
`11, Peru, OTO8000686
`
`Additional documentation has been
`received for the following resource(s):
`WISCONSIN
`
`Dane County
`Madison Vocational School (Additional
`Documentation), 211 North Carroll St.,
`Madison, AD100003545
`
`Authority: Section 60.13 of 36 CFR
`part 60.
`Sherry A.Frear,
`Chief, National Register ofHistoric Places/
`National Historic Landmarks Program.
`[FR Doc. 2023-20379 Filed 9-19-23; 8:45 am]
`BILLING CODE 4312-52-P
`
`
`INTERNATIONAL TRADE
`COMMISSION
`
`[Investigation No. 337-TA—1270]
`
`Certain Casual Footwear and
`Packaging Thereof; Notice of Final
`Determination of No Violation by
`Active Respondents; Issuance of
`Default Remedial Orders; Termination
`of Investigation
`AGENCY: U.S. International Trade
`Commission.
`
`ACTION: Notice.
`
`SUMMARY:Notice is hereby given that
`the U.S. International Trade
`Commission (“‘Commission’’) has
`determined that there is no violation of
`section 337 of the Tariff Act of 1930, as
`amended,in this investigation by active
`respondents Hobby LobbyStores,Inc.
`(“Hobby Lobby’’), Quanzhou ZhengDe
`Network Corp. d/b/a Amoji (““Amoji’’),
`and Orly Shoe Corp.(“Orly’’). The
`Commission has further determined to
`issue a limited exclusion order (““LEO’’)
`against defaulting respondents La
`Modish Boutique (“La Modish”’), Star
`Bay GroupInc.(‘Star Bay’’), Huizhou
`Xinshunzu ShoesGo., Ltd. (“Huizhou’”’),
`and Jinjiang Anao Footwear Co., Ltd.
`(‘‘Anao”’) and cease and desist orders
`against defaulting respondents La
`Modish and Star Bay. This investigation
`is hereby terminated.
`FOR FURTHER INFORMATION CONTACT:Carl
`P. Bretscher, Esq., Office of the General
`Counsel, U.S. International Trade
`Comission, 500 E Street SW,
`Washington, DC 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 hitps://www.usitc.gov.
`Hearing-impaired persons are advised
`that information on this matter can be
`obtained by contacting the
`Comunission’s TDD terminal on (202)
`205-1810.
`SUPPLEMENTARY INFORMATION: The
`Commissioninstituted 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, false designation of origin,
`and dilution of one of moreof U.S.
`Trademark Registration Nos. 5,149,328;
`5,273,875 (collectively, the “3D
`Marks”); and 3,836,415 (“the Word
`Mark’’) (all collectively, “the Asserted
`Marks”). Id. The complaintalleges that
`a domestic industry exists, and that the
`threat or effect of certain alleged
`violations is to destroy or substantially
`injure an industry in the United States.
`
`The Commission’s notice of
`investigation named numerous
`respondents, including: Hobby Lobby of
`Oklahoma City, Oklahoma; Amoji of
`Quanzhou,Fujian Province, China;
`Skechers USA,Inc. of Manhattan Beach,
`California (“Skechers”); SG Footwear
`MeserGrp. Inc. a/k/a S. 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. d/b/
`a Kingsize of New York, New York
`(“Fullbeauty”’); Legend Footwear,Inc.
`d/b/a/Wild Diva of City of Industry,
`California (“Wild Diva’); Fujian
`Huayuan Well Import and Export Trade
`Co., Ltd. of Fuzhou, Fujian Province,
`China (“Fujian”); 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-NamiInc. of Gretna, Louisiana
`(“Shoe-Nami’’); PW Shoes, Inc. a/k/a
`P&W of Maspeth, New York (‘‘PW”);
`718Closeouts of Brooklyn, New York
`(“718Closeouts’’); Crocsky of Austin,
`Texas(‘“‘Crocsky’’); Hobibear Shoes and
`Clothing Ltd. of Brighton, Colorado
`(“Hobibear’’); Ink Tee of Los Angeles,
`California (“Ink Tee’’); Maxhouse Rise
`Ltd. of Hong Kong, China
`(“Maxhouse’’); La Modish of West
`Covina, California; Loeffler Randall Inc.
`of New York, New York (“Loeffler
`Randall”); Star Bay of Hackensack, New
`Jersey; and Royal Deluxe Accessories,
`LLC of New Providence, New Jersey
`(“Royal Deluxe’). The Office of Unfair
`Import Investigations (“OUI”) was also
`namedasa party.
`
`

`

`64927
`Federal Register/Vol. 88, No. 181/Wednesday, September 20, 2023/Notices
`
`On November17, 2021, the
`Commission amended the complaint
`and notice of investigation to add
`certain new respondents, including Orly
`of New York, New York; Mould
`Industria de Matrizes Ltda. d/b/a/
`BoaondaofBrazil (‘“‘Boaonda’’);
`Dongguan Eastar Footwear Enterprises
`Co., Ltd. of Guangzhou City, China
`(“Eastar’’); KGS Sourcing Ltd. of Hong
`Kong, China (“KGS”); Fujian Wanjiaxin
`Industrial Developing,Inc. a/k/a Fujian
`Wanjiaxin Light Industrial Developing,
`Inc. of Quanzhou City, China
`(“Wanjiaxin”); Anao of Jinjiang City,
`China; Walmart Inc. of Bentonville,
`Arkansas (‘‘Walmart’’); and Huizhou of
`Huizhou City, China, 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 various respondents on the
`basis of settlement agreements or
`consentorders. See Order No. 12 (Aug.
`11, 2021) (Skechers), unreviewed by
`Comm’n Notice (Aug. 24, 2021); Order
`No. 16 (Aug. 26, 2021) (SG Footwear)
`and Order No. 17 (Aug. 26, 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
`OrderNo. 23 (Sept. 9, 2021) (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);
`OrderNo. 34 (Nov. 10, 2021) (718
`Closeouts), unreviewed by Comm’n
`Notice (Dec. 6, 2021); 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 18, 2022); Order No. 49
`(March 15, 2022) (Boaonda), unreviewed
`by Comm’nNotice (April 1, 2022);
`OrderNo. 54 (April 22, 2022) (Royal
`Deluxe), unreviewed by Comm’n Notice
`(May 17, 2022); Order No. 56 (May6,
`2022) (Loeffler Randall), unreviewed by
`Comm’n Notice (May 27, 2022); Order
`No. 81 (Sept. 28, 2022) (Walmart),
`unreviewed by Comm’n Notice (Oct. 20,
`
`2022). The Commission also terminated
`the investigation with respect to KGS for
`good cause. Order No. 40 (Feb. 1, 2022),
`unreviewed by Comm’nNotice (Feb. 22,
`2022).
`On June 10, 2022, the Commission
`found that respondents La Modish,Star
`Bay, Huizhou,and Anao(“Defaulting
`Respondents”) were in default and
`waived their rights to appear, to be
`served with documents, and to contest
`the allegations in this investigation,
`pursuant to 19 CFR 210.16(b). Order No.
`58 (May 20, 2022), unreviewed by
`Comm’n Notice (June 10, 2022).
`On September 13-16, 2022, the
`presiding administrative law judge
`(“ALJ’’) held an evidentiary hearing
`with Crocs, OUI, and the remaining
`respondents Orly, Hobby Lobby
`(collectively, ‘‘the Orly Respondents”),
`and Amoji(all collectively,
`“Respondents”).
`On January 9, 2023, the ALJ issued
`the subject final ID,finding no violation
`of section 337 because: (1) Crocs did not
`prove that Respondents infringe the
`Asserted Marks;(2) Crocs did not prove
`that Respondents falsely designate the
`origin of their accused products or cause
`unfair competition; (3) Crocs did not
`prove that Respondents dilute the
`Asserted Marksby blurring or
`tarnishment; (4) the 3D Marksare
`invalid for lack of secondary meaning;
`and (5) Crocs waivedits infringement
`contentions against Defaulting
`Respondents. ID at 71-72, 83-86, 148-
`49. TheID also finds that Crocs has
`satisfied both the technical and
`economic prongs of the domestic
`industry requirement. Id. at 130, 149.
`TheID further finds that Respondents
`failed to prove that the 3D Marks are
`invalid as functional or that the Word
`Markis invalid as generic. Id. at 128-
`29, 149. The ID takes no position on
`Crocs’s alleged injury or Respondents’
`fair use defense. Id. at 129-30.
`On January 13, 2023, the Commission
`issued a notice soliciting submissions
`from the public on the public interest
`implications of any remedial orders the
`Commission may issue in this case. 88
`FR 3437 (Jan. 19, 2023). On February 9,
`2023, non-party Joybees, LLC, a U.S.
`seller of footwear,filed a statement
`opposing issuance of a general
`exclusion order, (““GEO’’). EDIS Doc. ID
`790010 (Feb. 9, 2023). The Commission
`also received a letter dated June 14,
`2023, from U.S. Representative Brittany
`Pettersen (CO—7), who represents the
`congressionaldistrict in which Crocs in
`headquartered. EDIS Doc. ID 798554
`(June 14, 2023).
`On April 5, 2023, the Commission
`determined to review the ID’s findings
`that: (1) Crocs waivedits infringement
`
`contentions against the lined version of
`Orly’s Gators; (2) the 3D Marksare not
`entitled to the presumption ofvalidity
`andare invalid for lack of secondary
`meaning; (3) Crocs waivedits
`infringementcontentions against
`Defaulting Respondents; (4) subject
`matterjurisdiction;(5) likelihood of
`confusion; (6) false designation of
`origin; (7) dilution; and (8) the technical
`and economic prongs of domestic
`industry. Comm’n Notice at 3-4 (Apr.5,
`2023); 88 FR 21712—15 (Apr. 11, 2023).
`The Commission determinednotto
`review the remaining findings in the ID.
`On April 19, 2023, Crocs, the Orly
`Respondents, and OUI filed their
`responses to the Commission’s notice of
`review. On April 26, 2023, the parties
`filed their respective replies. Amoji did
`notfile its own responseor join the
`briefing by the Orly Respondents.
`Having reviewedtheID,the parties’
`submissions, and the evidence of
`record, the Commission has determined
`to affirm and adoptthe ID’s findings
`that Respondents have not infringed or
`diluted any of the Asserted Marks,
`falsely designated the origin of their
`Accused Products, or engaged in unfair
`competition. The Commission has
`determinedto reverse the ID’s finding
`that Crocs waivedits infringement
`contentions with respect to the lined
`versions of the accused Orly Gators and
`find instead that Crocs failed to prove
`infringementby the lined Orly Gators.
`The Commission takes no position on
`Orly’s alleged first sale in April 2016,
`the presumptionofvalidity, secondary
`meaning, injury, fair use, and the
`technical and economic prongsof the
`domestic industry requirement.
`The Commission has further
`determined to issue an LEO to
`Defaulting Respondents and CDOsto
`defaulting respondents La Modish and
`Star Bay pursuantto section 337(g)(1).
`19 U.S.C. 1337(g)(1).
`The Commission’s reasoning in
`supportof its determinationsis set forth
`morefully in its opinion issued
`herewith. Commissioner Kearns
`dissents from the Commission’s finding
`of no violation of section 337 for the
`reasonsdetailed in his dissenting views
`issued herewith.
`The investigation is hereby
`terminated.
`The Commission voteforthis
`determination took place on September
`14, 2023.
`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).
`
`

`

`64928
`Federal Register/Vol. 88, No. 181/Wednesday, September 20, 2023/Notices
`
`By order of the Commission.
`Issued: September 14, 2023.
`Katherine Hiner,
`SupervisoryAttorney.
`[FR Doc. 2023-20345Filed 9-19-23; 8:45 am]
`BILLING CODE 7020-02-P
`
`
`INTERNATIONAL TRADE
`COMMISSION
`
`[USITC SE-23-045]
`
`Sunshine Act Meetings
`
`AGENCY HOLDING THE MEETING: United
`States International Trade Commission.
`
`TIME AND DATE: September25, 2023 at
`11:00 a.m.
`
`PLACE: Room 101, 500 E Street SW,
`Washington, DC 20436, Telephone:
`(202) 205-2000.
`
`STATUS: Opento the public.
`MATTERS TO BE CONSIDERED:
`
`1. Agendasfor future meetings: none.
`2. Minutes.
`
`3. Ratification List.
`4. Commission vote on Inv. Nos. 701—
`TA-684 and 731-TA—1597—-1598
`(Final)(Gas Powered Pressure Washers
`from China and Vietnam). The
`Commission currently is scheduled to
`complete andfile its determinations and
`views of the Commission on October 13,
`2023.
`
`5. Outstanding action jackets: none.
`CONTACT PERSON FOR MOREINFORMATION:
`Sharon Bellamy, Supervisory Hearings
`and Information Officer, 202-205-2000.
`The Commission is holding the
`meeting under the Governmentin the
`Sunshine Act, 5 U.S.C. 552(b). In
`accordance with Commission policy,
`subject matter listed above, not disposed
`of at the scheduled meeting, may be
`carried over to the agendaof the
`following meeting.
`By order of the Commission.
`Issued: September 15, 2023.
`Sharon Bellamy,
`Supervisory Hearings and Information
`Officer.
`[FR Doc. 2023-20423 Filed 9-18-23; 11:15 am]
`BILLING CODE 7020-02-P
`
`DEPARTMENTOF JUSTICE
`
`[OMB Number1117-0001]
`
`AgencyInformation Collection
`Activities; Proposed eCollection,
`eComments Requested; Revision of a
`Previously Approved Collection;
`Report of Theft or Loss of Conirolled
`Substance and Report of Loss or
`Disappearanceof Listed Chemicals
`
`AGENCY: Drug Enforcement
`Administration, DepartmentofJustice.
`ACTION: 60-Day notice.
`
`SUMMARY:The Drug Enforcement
`Administration (DEA), Department of
`Justice (DOJ), will be submitting the
`following information collection request
`to the Office of Management and Budget
`(OMB)for review and approvalin
`accordance with the Paperwork
`Reduction Act of 1995.
`DATES: Comments are encouraged and
`will be accepted for 60 days until
`November20, 2023.
`FOR FURTHER INFORMATION CONTACT:If
`you have additional comments
`especially on the estimated public
`burden or associated responsetime,
`suggestions, or need a copyof the
`proposed information collection
`instrument with instructions or
`additional information, please contact
`Scott A. Brinks, Regulatory Drafting and
`Policy Support Section, Drug
`Enforcement Administration; Mailing
`Address: 8701 Morrissette Drive,
`Springfield, Virginia 22152; Telephone:
`(571) 362-3261, Email: scott.a.brinks@
`dea.gov.
`SUPPLEMENTARYINFORMATION: Written
`comments and suggestions from the
`public and affected agencies concerning
`the proposedcollection of information
`are encouraged. Your comments should
`address one or moreofthe following
`four points:
`—Evaluate whether the proposed
`collection of information is necessary
`for the proper performanceof the
`functions of the Bureau ofJustice
`Statistics, including whetherthe
`information will have practicalutility;
`—Evaluate the accuracy of the agency’s
`estimate of the burden of the
`proposedcollection of information,
`includingthe validity of the
`methodology and assumptions used;
`—Evaluate whether and if so how the
`quality, utility, and clarity of the
`information to be collected can be
`enhanced; and
`—Minimize the burdenofthe collection
`of information on those whoare to
`respond,including through the use of
`appropriate automated, electronic,
`mechanical, or other technological
`
`collection techniques or other forms
`of information technology,e.g.,
`permitting electronic submission of
`responses.
`Abstract: In accordance with current
`21 CFR 1301.74, a DEA registrant must
`notify the Field Division Office of the
`Administration in writing, of any theft
`or significant loss of any controlled
`substance within one business day of
`discovery of the theft or loss, and must
`complete and send to the DEA a DEA
`Form 106 upon determination ofa theft
`or significant loss. The DEA Form 106
`is designed to provide a uniform
`methodof reporting and recording thefts
`andlosses of controlled substancesas
`required by 21 U.S.C. 827, 21 CFR
`1301.74(c) and 1301.76(b). The form is
`entitled “Report of Theft or Loss of
`Controlled Substances” andit is used by
`the DEA to help determine the
`quantities and types of controlled
`substancesthatare stolen orlost. It may
`also serve as a record ofthe theft or loss
`for the registrant. DEA is modifying this
`collection to move DEA Form 107 from
`1117-0024 to this collection, as DEA
`Form 107 is more aligned with DEA
`Form 106. DEA Form 107 is used by
`regulated persons involved in reporting
`unusual or excessive loss or
`disappearanceofa listed chemical. Each
`regulated person must report to the
`Special Agent in Charge of the DEA
`Diversional Office for the area in which
`the regulated person making the report
`is located any unusual or excessive loss
`or disappearanceofa listed chemical
`underthe control of the regulated
`person.
`Overview of This Information
`Collection
`
`1. Type of Information Collection:
`Revision of a currently approved
`collection.
`2. Title of the Form/Collection: Report
`of Theft or Loss of Controlled Substance
`and Reports of Loss or Disappearance of
`Listed Chemicals.
`3. The agencyform number,if any,
`and the applicable componentof the
`Department sponsoring the collection:
`DEA Form 106 and DEA Form 107. The
`applicable componentwithin the
`Departmentof Justice is the Drug
`Enforcement Administration, Diversion
`Control Division.
`4. Affected public whowill be asked
`or required to respond, as well as the
`obligation to respond:Affected public
`(Primary): Private Sector—businessor
`other for-profit. Other: Private Sector—
`businesses not-for-profit institutions;
`Federal, State, local, and tribal
`governments.
`5. An estimate of the total numberof
`respondents and the amountof time
`
`