Office of the Secretary
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`UNITED STATES INTERNATIONAL TRADE COMMISSION
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`WASHINGTON, DC 20436
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`September 20, 2023
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`Via email: michael.berta@arnoldporter.com
`Michael Berta, Esq.
`Arnold and Porter
`One Embarcadero Center
`22nd Floor
`San Francisco, CA 94111
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`
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`Re: Exclusion Order in Certain Casual Footwear and Packaging Thereof, Inv.
`No. 337-TA-1270
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`Dear Mr. Berta:
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`On September 14, 2023, the Commission, having found certain defaulting respondents in
`violation of Section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, in the above-
`referenced investigation, issued a limited exclusion order. The exclusion order directs U.S.
`Customs and Border Protection to exclude certain casual footwear and packaging thereof from
`entry into the United States while U.S. Trademark Registration Nos. 5,149,328 and 3,836,415
`757,156 in use. A copy of the order is attached to this letter.
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`Should the Complainant, Crocs, Inc., have questions about the administration of this
`order, they may contact the Intellectual Property Rights Branch of U.S. Customs and Border
`Protection at (202) 325-0020. Although Customs will be administering the exclusion order, you
`may also contact Megan Valentine, the Commission’s Assistant General Counsel for Section 337
`investigations, at (202) 708-2301, if you have questions pertaining to the exclusion order.
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`Since FY 2000, the Commission has conducted four surveys of exclusion order holders to
`help assess the effectiveness of such orders, and the Commission anticipates conducting another
`such survey in the future. To facilitate future communications with Complainant about the
`anticipated survey, the Commission requests that Complainants identify a person at Crocs, Inc.
`with knowledge of the order who may be contacted in the future regarding the survey. It would
`be particularly helpful if Complainants would provide an e-mail address, along with a name and
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`UNITED STATES INTERNATIONAL TRADE COMMISSION
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`WASHINGTON, DC 20436
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`September 20, 2023
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`
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`Via email: michael.berta@arnoldporter.com
`Michael Berta, Esq.
`Arnold and Porter
`One Embarcadero Center
`22nd Floor
`San Francisco, CA 94111
`
`
`
`Re: Exclusion Order in Certain Casual Footwear and Packaging Thereof, Inv.
`No. 337-TA-1270
`
`
`Dear Mr. Berta:
`
`
`On September 14, 2023, the Commission, having found certain defaulting respondents in
`violation of Section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, in the above-
`referenced investigation, issued a limited exclusion order. The exclusion order directs U.S.
`Customs and Border Protection to exclude certain casual footwear and packaging thereof from
`entry into the United States while U.S. Trademark Registration Nos. 5,149,328 and 3,836,415
`757,156 in use. A copy of the order is attached to this letter.
`
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`Should the Complainant, Crocs, Inc., have questions about the administration of this
`order, they may contact the Intellectual Property Rights Branch of U.S. Customs and Border
`Protection at (202) 325-0020. Although Customs will be administering the exclusion order, you
`may also contact Megan Valentine, the Commission’s Assistant General Counsel for Section 337
`investigations, at (202) 708-2301, if you have questions pertaining to the exclusion order.
`
`Since FY 2000, the Commission has conducted four surveys of exclusion order holders to
`help assess the effectiveness of such orders, and the Commission anticipates conducting another
`such survey in the future. To facilitate future communications with Complainant about the
`anticipated survey, the Commission requests that Complainants identify a person at Crocs, Inc.
`with knowledge of the order who may be contacted in the future regarding the survey. It would
`be particularly helpful if Complainants would provide an e-mail address, along with a name and
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`mailing address, for this contact. The requested contact information may be e-mailed to
`337_email@usitc.gov or provided by mail to Margaret D Macdonald, Director, Office of Unfair
`Import Investigations.
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`Sincerely,
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`Enclosure
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`Lisa R. Barton
`Secretary to the Commission
`
`Mr. Berta, Esq.
`September 20, 2023
`Page 2
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`UNITED STATES INTERNATIONAL TRADE COMMISSION
`Washington, D.C.
`
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`In the Matter of
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`CERTAIN CASUAL FOOTWEAR
`AND PACKAGING THEREOF
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`Investigation No. 337-TA-1270
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`LIMITED EXCLUSION ORDER
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`The United States International Trade Commission (“Commission”) has found
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`respondents La Modish Boutique of West Covina, California (“La Modish”), Star Bay Group
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`Inc. of Hackensack, New Jersey (“Star Bay”), Huizhou Xinshunzu Shoes Co., Ltd. of Huizhou
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`City, China (“Huizhou”), and Jinjiang Anao Footwear Co., Ltd. of Jinjiang City, Fujian, China
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`(“Anao”) (collectively, “Defaulting Respondents”) in default. Order No. 58 (May 20, 2022),
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`unreviewed by Comm’n Notice (June 10, 2022).
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`The First Amended Complaint, filed by Complainant Crocs, Inc. of Broomfield,
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`Colorado, alleged a violation of section 337 of the Tariff Act of 1930, as amended, 19 U.S.C.
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`§ 1337, in the unlawful importation, sale for importation, or sale within the United States after
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`importation of certain casual footwear and packaging thereof that infringe one or more of U.S.
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`Trademark Registration Nos. 5,149,328; 5,273,875; and 3,836,415 (collectively, the “Asserted
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`Trademarks”). Because the conditions in 19 U.S.C. § 1337(g)(1)(A)-(E) have been satisfied, the
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`Commission, upon the request of the Complainant, issues a limited exclusion order, based on the
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`allegations regarding a violation of section 337 in the First Amended Complaint that are
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`presumed to be true as to the Defaulting Respondents.
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`Having reviewed the record in this investigation, including the written submissions of the
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`parties, the Commission has made its determinations on the issues of remedy, the public interest,
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`and bonding. The Commission has determined that the appropriate form of relief is a limited
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`exclusion order prohibiting the unlicensed entry of infringing casual footwear and packaging
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`thereof manufactured by or on behalf of Defaulting Respondents or any of their affiliated
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`companies, parents, subsidiaries, agents, or other related business entities, or its successors or
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`assigns.
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`The Commission has also determined that the public interest factors enumerated in
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`19 U.S.C. § 1337(g)(1) do not preclude the issuance of the limited exclusion order, and that the
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`bond during the period of Presidential review shall be in the amount of one hundred percent
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`(100%) of the entered value of the entered value of the articles subject to this Order.
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`Accordingly, the Commission hereby ORDERS that:
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`1.
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`Certain casual footwear and packaging thereof that infringe one or more of the
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`Asserted Trademarks and are manufactured abroad by, or on behalf of, or imported by or on
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`behalf of Defaulting Respondents or any of their affiliated companies, parents, subsidiaries,
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`agents, or other related business entities, or its successors or assigns, are excluded from entry for
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`consumption into the United States, entry for consumption from a foreign-trade zone, or
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`withdrawal from a warehouse for consumption, except under license of the trademark owner or
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`as provided by law until such date as the trademarks have been abandoned, canceled, or rendered
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`invalid or unenforceable.
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`2.
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`The casual footwear and packaging thereof subject to this exclusion order (i.e.,
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`“covered articles”) are as follows: casual footwear with holes in the upper and such footwear’s
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`packaging.
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`3.
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`For the purpose of assisting U.S. Customs and Border Protection (“CBP”) in the
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`enforcement of this order, and without in any way limiting the scope of this Order, the
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`2
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`Commission has attached to this Order a copy of the relevant trademark registrations as Exhibits
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`A-C.
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`4.
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`Notwithstanding paragraph 1 of this Order, covered articles are entitled to entry
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`into the United States for consumption, entry for consumption from a foreign trade zone, or
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`withdrawal from a warehouse for consumption, under bond in the amount of one hundred
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`percent (100%) of their entered value, pursuant to subsection (j) of section 337 (19 U.S.C.
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`§ 1337(j)) and the Presidential Memorandum for the United States Trade Representative of July
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`21, 2005 (70 Fed. Reg. 43,251), from the day after this Order is received by the United States
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`Trade Representative until such time as the United States Trade Representative notifies the
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`Commission that this Order is approved or disapproved but, in any event, not later than sixty (60)
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`days after the receipt of this Order. All entries of covered articles made pursuant to this
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`paragraph are to be reported to U.S. Customs and Border Protection (“CBP”), in advance of the
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`date of the entry, pursuant to procedures CBP establishes.
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`5.
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`At the discretion of CBP and pursuant to the procedures it establishes, persons
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`seeking to import articles may be required to certify that they are familiar with the terms of this
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`Order, that they have made appropriate inquiry, and thereupon state that, to the best of their
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`knowledge and belief, the products being imported are not excluded from entry under paragraph
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`1 of this Order. At its discretion, CBP may require persons who have provided the certification
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`described in this paragraph to furnish such records or analyses as are necessary to substantiate
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`the certification.
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`6.
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`Complainant shall file a written statement with the Commission, made under oath,
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`each year on the anniversary of the issuance of this Order stating whether Complainant
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`continues to use each of the Asserted Trademarks in commerce in the United States in
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`3
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`connection with the products at issue and whether any of the Asserted Trademarks have been
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`abandoned, canceled, or rendered invalid or unenforceable.
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`7.
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`The Commission may modify this Order in accordance with the procedures
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`described in Rule 210.76 of the Commission’s Rules of Practice and Procedure (19 C.F.R.
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`§ 210.76).
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`8.
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`The Secretary shall serve copies of this Order upon each party of record in this
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`investigation that has retained counsel or otherwise provided a point of contact for electronic
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`service and upon CBP. While temporary remote operating procedures are in place in response to
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`COVID-19, the Office of the Secretary is not able to serve parties that have not retained counsel
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`or otherwise provided a point of contact for electronic service. Accordingly, pursuant to
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`Commission Rules 201.16(a) and 210.7(a)(1) (19 C.F.R. §§ 201.16(a), 210.7(a)(1)), the
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`Commission orders that the Complainant complete service of this Order for any party without a
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`method of electronic service noted on the attached Certificate of Service and shall file proof of
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`service on the Electronic Document Information System (EDIS).
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`9.
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`Notice of this Order shall be published in the Federal Register.
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`By order of the Commission.
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`Issued: September 14, 2023
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`Lisa R. Barton
`Secretary to the Commission
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`4
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