[Federal Register: April 5, 2004 (Volume 69, Number 65)]
[Notices]
[Page 17707-17708]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05ap04-88]
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INTERNATIONAL TRADE COMMISSION
[Inv. No. 337-TA-487]
Certain Agricultural Vehicles and Components Thereof; Notice of
Commission Decision Not To Review an Initial Determination Finding a
Violation of Section 337; Schedule for Written Submissions on Remedy,
the Public Interest, and Bonding
AGENCY: International Trade Commission.
ACTION: Notice.
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SUMMARY: Notice is hereby given that the U.S. International Trade
Commission has decided not to review the presiding administrative law
judge's (``ALJ's'') final initial determination (``ID'') finding a
violation of section 337 of the Tariff Act of 1930 in the above-
captioned investigation.
FOR FURTHER INFORMATION CONTACT: Wayne Herrington, Esq., Office of the
General Counsel, U.S. International Trade Commission, 500 E Street,
SW., Washington, DC 20436, telephone (202) 205-3090. Copies 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-ON-LINE) 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 February 13, 2003, based on a complaint filed by Deere & Company
(``Deere'') of Moline, Illinois. 68 FR 7388 (February 13, 2003). The
complaint, as supplemented, alleged violations of section 337 of the
Tariff Act of 1930 in the importation into the United States, sale for
importation, and sale within the United States after importation of
certain agricultural vehicles and components thereof by reason of
infringement and dilution of U.S. Registered Trademarks Nos. 1,254,339;
1,502,103; 1,503,576; and 91,860.
On August 27, 2003, the Commission issued notice that it had
determined not to review Order No. 14, granting complainant's motion to
amend the complaint and notice of investigation to add U.S. Trademark
Registration No. 2,729,766.
On November 14, 2003, the Commission issued notice that it had
determined not to review Order No. 29, granting complainant's motion
for summary determination that complainant had met the technical prong
of the domestic industry requirement.
Twenty-four respondents were named in the Commission's notice of
investigation. Several of these have been terminated from the
investigation on the basis of consent orders. Several other respondents
have been found to be in default.
On January 13, 2004, the ALJ issued his final initial determination
(``ID'') finding a violation of section 337. He also recommended the
issuance of remedial orders. Two groups of respondents have petitioned
for review of the ID. Complainant and the Commission investigative
attorney filed oppositions to those petitions.
On February 18, 2004, the Commission issued notice that it had
decided to extend the time to determine whether to review the ID to
March 29, 2004, and to extend the target date for completing the
investigation to May 13, 2004.
Having examined the record in this investigation, including the
ALJ's final ID, the petitions for review, and the oppositions thereto,
the Commission has determined not to review the final ID.
In connection with the final disposition of this investigation, the
Commission may (1) issue an order that could result in the exclusion of
the subject articles from entry into the United States, and/or (2)
issue one or more cease and desist orders that could result in
respondents being required to cease and desist from engaging in unfair
acts in the importation and sale of such articles. 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).
If 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.
[[Page 17708]]
If the Commission orders some form of remedy, the President has 60
days to approve or disapprove the Commission's action. During this
period, the subject articles would be entitled to enter the United
States under a 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.
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 address the January 13, 2004,
recommended determination by the ALJ on remedy and bonding. Complainant
and the Commission investigative attorney are also requested to submit
proposed remedial orders for the Commission's consideration. The
written submissions and proposed remedial orders must be filed no later
than close of business on April 12, 2004. Reply submissions must be
filed no later than the close of business on April 19, 2004. No further
submissions 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
(or portion thereof) 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 Sec. 201.6 of the Commission's Rules of Practice and
Procedure, 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 Sec. Sec. 210.43-210.44 of the Commission's Rules of Practice and
Procedure (19 CFR 210.43-210.44).
Issued: March 30, 2004.
By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 04-7571 Filed 4-2-04; 8:45 am]
BILLING CODE 7020-02-P