[Federal Register Volume 61, Number 183 (Thursday, September 19, 1996)]
[Notices]
[Page 49341]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-24032]


=======================================================================
-----------------------------------------------------------------------

INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-378]


Certain Asian-Style Kamaboko Fish Cakes; Notice of Issuance of 
Limited Exclusion Order and Cease and Desist Orders and Termination of 
Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has issued a limited exclusion order and cease and desist 
orders to domestic respondents New Japan Food Corporation and Rhee 
Brothers, Inc. in the above-captioned investigation and terminated the 
investigation.

FOR FURTHER INFORMATION CONTACT: Jay H. Reiziss, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street, 
S.W., Washington, D.C. 20436, telephone 202-205-3116.

SUPPLEMENTARY INFORMATION: Complainant Yamasa Enterprises filed a 
complaint with the Commission on August 15, 1995, and a supplementary 
complaint on September 6, 1995, alleging that certain respondents were 
importing, selling for importation, and selling in the United States 
after importation certain Asian-style kamaboko fish cakes bearing marks 
or logos that were infringing trademarks owned by Yamasa Enterprises. 
The complaint named six entities as respondents: Yamasa Kamaboko Co., 
Ltd. (``YKCL''), Alpha Oriental Foods, Inc. (``Alpha''), N.A. Sales, 
Inc., New Japan Food Corporation (``New Japan''), Rhee Brothers, Inc. 
(``Rhee Brothers''), and Rokko Trading Co., Inc. N.A. Sales, Inc. and 
Rokko Trading Co., Inc. were terminated from the investigation on the 
basis of a settlement agreement. Alpha was never served and is believed 
to be out of business.
    The Commission voted to institute an investigation of Yamasa 
Enterprise's complaint on September 12, 1995. 60 FR 48722 (September 
20, 1995). On December 6, 1995, the complaint was amended to reflect 
the issuance to complainant by the U.S. Patent and Trademark Office on 
September 12, 1995, of a registered trademark for the word ``Yamasa.''
    On May 21, 1996, the ALJ issued Order No. 15 comprising, inter 
alia, two initial determinations (IDs) in which he granted (1) 
complainant's motion for summary determination that its investments in 
the United States satisfy the domestic industry requirement of section 
337, and (2) complainant's motion for summary determination on all 
issues (including domestic industry) necessary to establish a violation 
of section 337. Order No. 15 also granted complainant's motion that 
respondents Rhee Brothers and New Japan be found in default, and 
granted in part complainant's motion for evidentiary sanctions against 
respondent YKCL for its failure to provide discovery.
    On June 21, 1996, the Commission determined not to review the IDs, 
thereby finding a violation of section 337, and issued a notice seeking 
submissions from the parties on the issues of remedy, the public 
interest, and bonding. Complainants and the IA filed briefs on the 
issues of remedy, the public interest, and bonding. None of the 
respondents filed any written submissions on these issues. No reply 
briefs were filed.
    Having reviewed the record in this investigation, including the 
written submissions of the parties, the Commission made its 
determinations on the issues of remedy, the public interest, and 
bonding. The Commission determined that a limited exclusion order 
prohibiting the unlicensed importation for consumption of infringing 
Asian-style Kamaboko fish cakes produced and/or imported by YKCL is an 
appropriate remedy. In addition, the Commission issued cease and desist 
orders to domestic respondents New Japan and Rhee Brothers requiring 
them to cease and desist from the following activities in the United 
States: importing, selling, marketing, advertising, distributing, 
soliciting agents or distributors for, offering for sale, or otherwise 
transferring (except for exportation) in the United States infringing 
imported Asian-style kamaboko fish cakes.
    The Commission also determined that the public interest factors 
enumerated in 19 U.S.C. Secs. 1337 (d) and (f) do not preclude the 
issuance of the limited exclusion order and the cease and desist 
orders, and that the bond during the Presidential review period shall 
be in the amount of one hundred (100) percent of the entered value of 
the imported fish cakes.
    This action is taken under the authority of section 337 of the 
Tariff Act of 1930, as amended (19 U.S.C. Sec. 1337), and section 
210.50 of the Commission's Rules of Practice and Procedure (19 CFR 
210.50).
    Copies of the Commission's remedial orders, the Commission opinion 
in support thereof, 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, S.W., Washington, D.C. 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.

    Issued: September 13, 1996.

    By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 96-24032 Filed 9-18-96; 8:45 am]
BILLING CODE 7020-02-P