[Federal Register: October 1, 2004 (Volume 69, Number 190)]
[Notices]
[Page 58949]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01oc04-104]
[[Page 58949]]
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INTERNATIONAL TRADE COMMISSION
[Inv. No. 337-TA-494]
In the Matter of Certain Automotive Measuring Devices, Products
Containing Same, and Bezels for Such Devices; Notice of Commission
Decision Not To Review an Initial Determination Terminating the
Investigation as to Respondent American Products Company, Inc. on the
Basis of a Settlement Agreement and Consent Order; Issuance of the
Consent Order
AGENCY: International Trade Commission.
ACTION: Notice.
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SUMMARY: Notice is hereby given that the U.S. International Trade
Commission has determined not to review an initial determination
(``ID'') issued by the presiding administrative law judge (``ALJ'')
terminating the above-captioned investigation as to respondent American
Products Co., Inc. on the basis of a consent order.
FOR FURTHER INFORMATION CONTACT: Timothy P. Monaghan, Esq., Office of
the General Counsel, U.S. International Trade Commission, 500 E Street,
SW., Washington, DC 20436, telephone 202-205-3152. Copies of the public
version of the ID and all nonconfidential documents filed in connection
with this investigation 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, SW.,
Washington, DC 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). The public record for this
investigation may be viewed on the Commission's electronic docket
(EDIS) at http://edis.usitc.gov.
SUPPLEMENTARY INFORMATION: The Commission instituted this investigation
on June 20, 2003, based on a complaint filed by Auto Meter Products,
Inc. (``Auto Meter'') of Sycamore, Illinois. 68 FR 37023. The complaint
alleged violations of section 337 of the Tariff Act of 1930 in the
importation and sale of certain automotive measuring devices, products
containing same, and bezels for such devices, by reason of infringement
of U.S. Registered Trademark Nos. 1,732,643 and 1,497,472, and U.S.
Supplemental Register No. 1,903908, and infringement of the
complainant's trade dress. Subsequently, seven more firms were added as
respondents based on two separate motions filed by complainant Auto
Meter. The investigation was terminated as to nine respondents on the
basis of consent orders. Six respondents were found to be in default.
On June 4, 2004, Auto Meter and respondent American Products Co.,
Inc. (``APC'') filed a joint motion to terminate based on a settlement
agreement between Auto Meter and APC and a consent order stipulation
with a proposed consent order.
On September 1, 2004, the ALJ issued an ID (Order No. 36)
terminating the investigation as to respondent APC on the basis of a
settlement agreement and consent order. The Commission investigative
attorneys filed a response in support of the joint motion. No petitions
for review of the ID were filed.
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 section 210.42 of the Commission's Rules of Practice and Procedure
(19 CFR 210.42).
Issued: September 27, 2004.
By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 04-22032 Filed 9-30-04; 8:45 am]
BILLING CODE 7020-02-P