[Federal Register Volume 61, Number 36 (Thursday, February 22, 1996)]
[Notices]
[Pages 6861-6862]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-3956]



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[[Page 6862]]


INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-380]


Certain Agricultural Tractors Under 50 Power Take-Off Horsepower; 
Notice of 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 January 16, 1996, under section 
337 of the Tariff Act of 1930, as amended, 19 U.S.C. Sec. 1337, on 
behalf of Kubota Tractor Corporation, 3401 Del Amo Boulevard, Torrance, 
California 90503, Kubota Manufacturing of America Corporation, 
Industrial Park North, 2715 Ramsey Road, Gainesville, Georgia 30501, 
and Kubota Corporation, 2-47 Shikitsuhigashi 1-chome, Naniwa-ku, Osaka 
556, Japan. A letter supplementing the complaint was filed on February 
2, 1996. The complaint as supplemented alleges violations of section 
337 in the importation into the United States, sale for importation, 
and sale within the United States after importation of certain 
agricultural tractors under 50 power take-off horsepower by reason of 
alleged infringement of U.S. Registered Trademark Nos. 922,330, 
1,028,211, 1,775,620, and 1,874,414. The complaint further alleges that 
there exists an industry in the United States as required by subsection 
(a)(2) of section 337.
    The complainants request that the Commission institute an 
investigation and, after a hearing, issue a permanent exclusion order 
and permanent cease and desist orders.

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: Kent Stevens, Esq., Office of Unfair 
Import Investigations, U.S. International Trade Commission, telephone 
202-205-2579.

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 Rules of Practice and Procedure, 19 
C.F.R. Sec. 210.10.

SCOPE OF INVESTIGATION: Having considered the complaint, the U.S. 
International Trade Commission, on February 13, 1996, ORDERED THAT--
    (1) Pursuant to subsection (b) of section 337 of the Tariff Act of 
1930, as amended, an investigation be instituted to determine 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 agricultural 
tractors under 50 power take-off horsepower by reason of infringement 
of U.S. Registered Trademark Nos. 922,330, 1,028,211, 1,775,620, or 
1,874,414, 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 complainants are--

Kubota Tractor Corporation, 3401 Del Amo Boulevard, Torrance, 
California 90503
Kubota Manufacturing of America Corporation, Industrial Park North, 
2715 Ramsey Road, Gainesville, Georgia 30501
Kubota Corporation, 2-47 Shikitsuhigashi 1-chome, Naniwa-ku, Osaka 
556, Japan

    (b) The respondents are the following companies alleged to be in 
violation of section 337, and are the parties upon which the complaint 
is to be served:

Eisho World Ltd., 1-9 Asahi-cho, Handa-shi, Aichi-ken, 475 Japan
Nitto Trading Corporation, 232-10 Shimizu, Uozumi-cho, Akashi-shi, 
Hyogo-ken, 674 Japan
Nitto Trading Co. Ltd, 1-9-5 Shinmoji Moji-ku, Kita-Kyushu-shi, 800-
01 Japan
Sanko Industries Co., Ltd., 1-10-7 Shinmachi, Nishi-Ku, Osaka, 550 
Japan
Sonica Trading, Inc., Koa Building 3F, 3-20-4 Ueno, Taito-ku, Tokyo, 
110 Japan
Suma Sangyo, Mitsuta-umadome, Shijimi-cho, Miki-shi, Hyogo-ken, 673-
05 Japan
Toyo Service Co., Ltd., 10-21 Imazukita 4-chome, Tsurumi-ku, Osaka, 
538 Japan
Bay Implement Company, P.O. Box 20001, Red Bay, Alabama 35582
Casteel Farm Implement Co., 107 Highway 425 South, Monticello, 
Arkansas 71655
Casteel Farm Implement Co., 4110 Highway 65 South, Pine Bluff, 
Arkansas 71601
Casteel World Group, Inc., 639 West Gaines, Monticello, Arkansas 
71655
Gamut Trading Co., 1340 Nomwaket Road, Apple Valley, California 
92308
Gamut Imports, 14354 Cronese Road, Apple Valley, California 92307
Lost Creek Tractor Sales, 1050 S. Nutmeg, Bennett, Colorado 80102
MGA Inc. Auctioneers, 28999 Front Street, Suite 203, Temecula, 
California 92590
Tom Yarbrough Equipment Rental and Sales, Inc., 2410 U.S. Hwy 92 
East, P.O. Drawer 2508, Plant City, Florida 33564
The Tractor Shop, 1804 S. Azalea Drive, Wiggins, Mississippi 39577
Tractor Company, 8392 Meadowbrook Way S.E., Snoqualmie, Washington 
98045
Wallace International Trading Co., 1197 Bacon Way, Lafayette, 
California 94549
Wallace Import Marketing Co. Inc., 1197 Bacon Way, Lafayette, 
California 94549
    (c) Kent Stevens, Esq., Office of Unfair Import Investigations, 
U.S. International Trade Commission, 500 E Street, S.W., Room 401-L, 
Washington, D.C. 20436, who shall be the Commission investigative 
attorney, party to this investigation; and
    (3) For the investigation so instituted, the Honorable Paul J. 
Luckern is designated as the presiding administrative law judge.
    Responses to the complaint and the notice of investigation must be 
submitted by the named respondents in accordance with section 210.13 of 
the Commission's Rules of Practice and Procedure. 19 C.F.R. 
Sec. 210.13. Pursuant to sections 201.16(d) and 210.13(a) of the 
Commission's Rules, 19 C.F.R. Secs. 201.16(d) and 210.13(a), 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 a 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.

    By order of the Commission.

    Issued: February 14, 1996.
Donna R. Koehnke,
Secretary.
[FR Doc. 96-3956 Filed 2-21-96; 8:45 am]
BILLING CODE 7020-02-P