[Federal Register: March 22, 2007 (Volume 72, Number 55)]
[Notices]
[Page 13513-13514]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22mr07-83]
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INTERNATIONAL TRADE COMMISSION
[Inv. No. 337-TA-575]
In the Matter of Certain Lighters; Notice of a Commission
Determination Not To Review an Initial Determination Granting
Complainants' Motion for Summary Determination That a Domestic Industry
Exists and That There Is a Violation of Section 337; Schedule for
Filing Written Submissions on Remedy, Public Interest, and Bonding
AGENCY: U.S. 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'') of the presiding administrative law judge (``ALJ'') in the
above-captioned investigation granting complainants'' motion for
summary determination that a domestic industry exists and that there is
a violation of section 337. The Commission has also issued a briefing
schedule for submissions on remedy, the public interest, and bonding.
FOR FURTHER INFORMATION CONTACT: Michael K. Haldenstein, Office of the
General Counsel, U.S. International Trade Commission, 500 E Street,
SW., Washington, DC 20436, telephone (202) 205-3041. Copies of the
public version of the ALJ's ID and all other 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.
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. Hearing-impaired persons are
advised that information on this matter can be obtained by contacting
the Commission's TDD terminal on 202-205-1810.
SUPPLEMENTARY INFORMATION: The Commission instituted this investigation
on June 20, 2006, based on a complaint, as supplemented, filed by Zippo
Manufacturing Company, Inc., of Bradford, Pennsylvania, and ZippMark,
Inc. of Wilmington, Delaware (collectively ``Zippo''), alleging
violations of section 337 of the Tariff Act of 1930 in the importation
into the United States, the sale for importation, and the sale within
the United States after importation of certain lighters by reason of
infringement of United States Trademark Registration No. 2,606,241
(``the `241 mark''). 71 FR 35450 (June 20, 2006). The complaint further
alleged that an industry in the United States exists or is in the
process of being established as required by subsection(a)(2) of section
337. Complainants requested that the Commission issue a general
exclusion order and cease and desist orders. The ALJ set July 20, 2007,
as the target date for completion of the investigation.
The complaint named seven respondents: Tung Fong International
Promotion Co., Ltd. of Hong Kong;
[[Page 13514]]
Wenzhou Star Smoking Set Co., Ltd. of China; Taizhou Rongshi Lighter
Development Co., Ltd. of China; Wenzhou Tailier Smoking Set Co., Ltd.
of China; Vista Wholesale of Greencastle, Indiana; beWild.com of
Bellmore, New York; and Kalan LP of Landsdowne, Pennsylvania.
Respondents Kalan and Wenzhou Star Smoking Set Company were terminated
from the investigation on the basis of settlement agreements. The
remaining five respondents were found to be in default by the ALJ and
the Commission did not review that determination.
On November 7, 2006, complainants filed a motion seeking summary
determination with respect to the domestic industry requirement and
violation of section 337. Complainants also requested that the ALJ
recommend a general exclusion order and a 100 percent bond during the
Presidential review period. The Commission investigative attorney
supported the motion for summary determination and the requested
recommendation on remedy and bonding. No respondents responded to the
motion.
On February 21, 2007, the ALJ issued an ID finding the domestic
industry requirement satisfied, finding a violation of section 337, and
containing a recommended determination on remedy and bonding. The ALJ
found a violation of section 337 based on his conclusion that there are
no genuine issues of material fact that respondents' accused products
infringe the `241 mark and that a domestic industry exists as required
by 19 U.S.C. 1337(a)(2). He recommended issuance of a general exclusion
order and that the amount of bond for temporary importation during the
Presidential review period be set at 100 percent of the entered value
of the articles concerned. No petitions for review were filed and the
Commission has determined not to review the ID.
In connection with the final disposition of this investigation, the
Commission may issue an order that results in the exclusion of the
subject articles from entry into the United States. Accordingly, the
Commission is interested in receiving written submissions that address
the form of remedy, if any, that should be ordered. If a party seeks
exclusion of an article from entry into the United States for purposes
other than entry for consumption, the party should so indicate and
provide information establishing that activities involving other types
of entry either are adversely affecting it or likely to do so. For
background, see In the Matter of Certain Devices for Connecting
Computers via Telephone Lines, Inv. No. 337-TA-360, USITC Pub. No. 2843
(December 1994) (Commission Opinion). When the Commission contemplates
some form of remedy, it must consider the effects of that remedy upon
the public interest. The factors the Commission will consider include
the effect that an exclusion order and/or cease and desist orders would
have on (1) the public health and welfare, (2) competitive conditions
in the U.S. economy, (3) U.S. production of articles that are like or
directly competitive with those that are subject to investigation, and
(4) U.S. consumers. The Commission is therefore interested in receiving
written submissions that address the aforementioned public interest
factors in the context of this investigation. When the Commission
orders some form of remedy, the U.S. Trade Representative, as delegated
by the President, has 60 days to approve or disapprove the Commission's
action. See Presidential Memorandum of July 21, 2005, 70 FR 43251 (July
26, 2005). During this period, the subject articles would be entitled
to enter the United States under bond, in an amount determined by the
Commission and prescribed by the Secretary of the Treasury. The
Commission is therefore interested in receiving submissions concerning
the amount of the bond that should be imposed if a remedy is ordered.
Written Submissions: Parties to the investigation, interested
government agencies, and any other interested parties are encouraged to
file written submissions on the issues of remedy, the public interest,
and bonding. Such submissions should be no more than twenty-five (25)
pages and should address the recommended determination by the ALJ on
remedy and bonding. The complainants and the Commission investigative
attorney are also requested to submit proposed remedial orders for the
Commission's consideration. Complainants are also requested to state
the HTSUS numbers under which the accused products are imported. The
written submissions and proposed remedial orders must be filed no later
than close of business on March 29, 2007. Reply submissions must be
filed no later than the close of business on April 5, 2007. No further
submissions on these issues will be permitted unless otherwise ordered
by the Commission. Persons filing written submissions must file the
original document and 12 true copies thereof on or before the deadlines
stated above with the Office of the Secretary. Any person desiring to
submit a document to the Commission in confidence must request
confidential treatment unless the information has already been granted
such treatment during the proceedings. All such requests should be
directed to the Secretary of the Commission and must include a full
statement of the reasons why the Commission should grant such
treatment. See 19 CFR 201.6. Documents for which confidential treatment
by the Commission is sought will be treated accordingly. All
nonconfidential written submissions will be available for public
inspection at the Office of the Secretary.
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 sections 210.42-46 of the Commission's Rules of Practice and
Procedure, 19 CFR 210.42-46.
By order of the Commission.
Issued: March 15, 2007.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E7-5175 Filed 3-21-07; 8:45 am]
BILLING CODE 7020-02-P