[Federal Register Volume 60, Number 12 (Thursday, January 19, 1995)]
[Notices]
[Pages 3874-3875]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-1335]



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[[Page 3875]]


INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-369]


Certain Health and Beauty Aids and Identifying Marks Thereon; 
Investigation

AGENCY: U.S. International Trade Commission

ACTION: Institution of investigation pursuant to 19 U.S.C. Sec. 1337.

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SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on December 2, 1994, under section 
337 of the Tariff Act of 1930, as amended, 19 U.S.C. Sec. 1337, on 
behalf of Redmond Products, Inc. 18930 West 78th Street, Chanhassen, MN 
55317. An amended complaint was filed on December 16, 1994, and 
supplementary letters were filed on December 22 and 23, 1994. The 
complaint alleges violations of section 337 in the importation into the 
United States, the sale for importation, and the sale within the United 
States after importation of certain health and beauty aids by reason of 
infringement of federally registered and common law trademarks 
incorporating the terms ``Aussie'' or ``Australian.'' The complaint 
further alleges that there exists an industry in the United States with 
regard to the health and beauty aids at issue, and that the domestic 
industry is being injured or is threatened with injury because of the 
allegedly infringing articles.
    The complainant requests that the Commission institute an 
investigation and, after a hearing, issue a permanent exclusion order 
and a permanent cease and desist order.

ADDRESSES: The complaint, except for any confidential information 
contained therein, is 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., Room 112, 
Washington, D.C. 20436, telephone 202-205-1802. Hearing-impaired 
individuals are advised that information on this matter can be obtained 
by contacting the Commission's TDD terminal on 202-205-1810.

FOR FURTHER INFORMATION CONTACT: Thomas S. Fusco, Esq., Office of 
Unfair Import Investigations, U.S. International Trade Commission, 
telephone 202-205-2571.

    Authority: The authority for institution of this investigation 
is contained in section 337 of the Tariff Act of 1930, as amended, 
and in section 210.10 of the Commission's Final Rules of Practice 
and Procedure (59 Fed. Reg. 39022, August 1, 1994).

    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on January 6, 1995, Ordered That--
    (1) Pursuant to subsection (b) of section 337 of the Tariff Act of 
1930, as amended, an investigation be instituted to determine:

    (a) whether there is a violation of subsection (a)(1)(A) of 
section 337 in the importation into the United States, the sale for 
importation or the sale within the United States after importation 
of certain health and beauty aids and identifying marks thereon by 
reason of infringement of common law rights in trademarks 
incorporating the terms ``Aussie'' or ``Australian'', the threat or 
effect of which is to destroy or substantially injure an industry in 
the United States; and
    (b) whether there is a violation of subsection (a)(1)(C) of 
section 337 in the importation into the United States, the sale for 
importation or the sale within the United States after importation 
of certain health and beauty aids and identifying marks thereon, by 
reason of infringement of certain federally registered trademarks 
incorporating the terms ``Aussie'' or ``Australian,'' and whether 
there exists an industry in the United States as required by 
subsection (a)(2) of section 337.

    (2) For the purpose of the investigation so instituted, the 
following are hereby named as parties upon which this notice of 
investigation shall be served:

    (a) The complainant is--Redmond Products, Inc., 18930 West 78th 
Street, Chanhassen, Minnesota 55317.
    (b) The respondent is the following company alleged to be in 
violation of Section 337, and is the party upon which the complaint 
is to be served: Belvedere International, Inc., 5675 Keaton 
Crescent, Mississauga, Ontario, L5R 3G3 Canada.
    (c) Thomas S. Fusco, Esq., Office of Unfair Import 
Investigations, U.S. International Trade Commission, 500 E Street, 
S.W., Room 401-O, Washington, D.C. 20436, who shall be the 
Commission investigative attorney, party to this investigation; and

    (3) For the investigation so instituted, Janet D. Saxon, Chief 
Administrative Law Judge, U.S. International Trade Commission, shall 
designate the presiding Administrative Law Judge.
    Responses to the complaint and the notice of investigation must be 
submitted by the named respondent in accordance with section 210.13 of 
the Commission's Final Rules of Practice and Procedure. 59 FR 39022, 
August 1, 1994. Pursuant to 19 CFR 201.16(d) and section 210.13(a) of 
the Commission's Final Rules (59 Fed. Reg. 39022, August 1, 1994), such 
responses will be considered by the Commission if received not later 
than 20 days after the date of service of the complaint. Extensions of 
time for submitting responses to the complaint will not be granted 
unless good cause therefor is shown.
    Failure of the respondent to file a timely response to each 
allegation in the complaint and in this notice may be deemed to 
constitute a waiver of the right to appear and contest the allegations 
of the complaint and this notice, and to authorize the administrative 
law judge and the Commission, without further notice to the respondent, 
to find the facts to be as alleged in the complaint and this notice and 
to enter both an initial determination and a final determination 
containing such findings, and may result in the issuance of a limited 
exclusion order or a cease and desist order or both directed against 
such respondent.

    Issued: January 9, 1995.

    By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 95-1335 Filed 1-18-95; 8:45 am]
BILLING CODE 7020-02-P