[Federal Register: November 6, 1998 (Volume 63, Number 215)]
[Notices]               
[Page 60020-60021]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06no98-102]

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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-380 Enforcement Proceeding]

 
Certain Agricultural Tractors Under 50 Power Take-Off Horsepower; 
Notice of Referral of Formal Enforcement Proceeding to an 
Administrative Law Judge for Issuance of an Initial Determination

AGENCY: U.S. International Trade Commission.


[[Page 60021]]


ACTION: Notice.

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SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has referred the formal enforcement proceeding instituted on 
September 28, 1998, in the above-captioned investigation to an 
administrative law judge for appropriate proceedings and the issuance 
of an initial determination.

FOR FURTHER INFORMATION CONTACT: Shara L. Aranoff, Esq., Office of the 
General Counsel, U.S. International Trade Commission, telephone 202-
205-3090.

SUPPLEMENTARY INFORMATION: On February 25, 1997, at the conclusion of 
the original investigation, the Commission issued, inter alia, cease 
and desist orders directed to respondents Gamut Trading Co., Inc. and 
Gamut Imports. The cease and desist orders prohibit Gamut Trading Co., 
Inc. and Gamut Imports, as well as their ``principals, stockholders, 
officers, directors, employees, agents, licensees distributors, 
controlled (whether by stock ownership or otherwise) and/or majority-
owned business entities, successors and assigns,'' from importing or 
selling for importation into the United States, or selling, marketing, 
distributing, offering for sale, or otherwise transferring (except for 
exportation) in the United States agricultural tractors under 50 power 
take-off horsepower manufactured by Kubota Corporation of Japan that 
infringe the KUBOTA trademark.
    On July 16, 1998, Kubota Corporation, Kubota Tractor Corporation, 
and Kubota Manufacturing of America Corporation (collectively 
``Kubota''), complainants in the original investigation, filed a 
complaint seeking institution of a formal enforcement proceeding 
against Gamut Trading Co., Inc., Gamut Imports, Ronald A. DePue (Chief 
Executive Officer and Chairman of the Board of Directors of Gamut 
Trading), and Darrel J. Du Puy (Chief Financial Officer, President, and 
member of the Board of Directors of Gamut Trading) (collectively ``the 
Gamut respondents''), alleging that they are violating the cease and 
desist orders. Kubota supplemented its complaint on August 26, 1998. On 
September 28, 1998, the Commission issued an order instituting a formal 
enforcement proceeding and instructing the Secretary to transmit the 
enforcement proceeding complaint to the Gamut respondents and their 
counsel for a response. On October 19, 1998, the Gamut respondents 
filed a joint response to the enforcement complaint denying violation 
of any of the Commission's remedial orders and infringement of the 
KUBOTA trademark, asserting that the Commission lacks jurisdiction to 
address the enforcement complaint, and requesting that the Commission 
strike the complaint as ``meritless'' and order Kubota to pay the Gamut 
respondents $100,000.
    Having examined the Gamut respondents' response to the formal 
enforcement proceeding complaint filed by Kubota, and having found that 
issues concerning possible violation of the Commission's cease and 
desist orders remain, the Commission determined to refer the 
enforcement proceeding to Judge Paul J. Luckern for issuance, no later 
than six (6) months from the date of the Commission Order referring 
this matter, of an initial determination concerning whether Gamut 
Trading Co., Inc., Gamut Imports, Ronald A. DePue, and/or Darrel J. Du 
Puy are in violation of one or more of the Commission's cease and 
desist orders.
    This action is taken under the authority of section 337 of the 
Tariff Act of 1930, as amended (19 U.S.C. 1337), and section 210.75 of 
the Commission's Rules of Practice and Procedure (19 CFR 210.75).
    Copies of the Commission's Order and all other nonconfidential 
documents filed in connection with this enforcement proceeding are or 
will be 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., Washington, D.C. 20436, telephone 
202-205-2000. Hearing-impaired persons are advised that information on 
this matter can be obtained by contacting the Commission's TDD terminal 
on 202-205-1810. General information concerning the Commission may also 
be obtained by accessing its Internet server (http://www.usitc.gov).

    Issued: October 28, 1998.

    By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 98-29788 Filed 11-5-98; 8:45 am]
BILLING CODE 7020-02-P