[Federal Register Volume 61, Number 191 (Tuesday, October 1, 1996)]
[Notices]
[Pages 51302-51303]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-25084]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-380]


Notice of Commission Determination Not To Review an Initial 
Determination Terminating the Investigation as to Respondent Nitto 
Trading Corporation on the Basis of a Consent Order; Issuance of 
Consent Order

    In the Matter of Certain Agricultural Tractors Under 50 Power 
Take-Off Horsepower.

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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[[Page 51303]]

SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission had determined not to review the initial determination (ID) 
of the presiding administrative law judge (ALJ) in the above-captioned 
investigation granting complainants' and respondent Nitto Trading 
Corporation's (``Nitto'') joint motion to terminate the investigation 
as to Nitto on the basis of a consent order.

FOR FURTHER INFORMATION CONTACT: Shara L. Aranoff, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street, 
SW., Washington, D.C. 20436, telephone 202-205-3090.

SUPPLEMENTARY INFORMATION: The Commission instituted this 
investigation, which concerns allegations of unfair acts in violation 
of section 337 in the importation and sale of certain agricultural 
tractors under 50 PTO horsepower, on February 14, 1996. On August 15, 
1996, complainants Kubota Tractor Corporation, Kubota Manufacturing of 
America Corporation, and Kubota Corporation, and respondent Nitto 
jointly moved for termination of the investigation as to Nitto based on 
a consent order stipulation and proposed consent order. The parties' 
agreement provides that (1) Nitto admits that complainants' four 
registered trademarks at issue in this investigation are valid, 
subsisting, and enforceable and agrees not to challenge the validity of 
the marks in any proceeding to enforce the consent order; (2) Nitto 
will cease and desist from exporting, importing, selling, distributing 
or otherwise transferring the tractors that are the subject of this 
investigation; (3) Nitto waives all right to seek judicial review or 
otherwise challenge the validity of the consent order; (4) the consent 
order shall not apply to the extent that any of complainants' marks has 
expired or been found invalid or unenforceable, provided such finding 
is final and nonreviewable; and (5) the consent order is subject to 
enforcement, modification and revocation in accordance with Commission 
rules. On August 26, 1996, the Commission investigative attorney (IA) 
filed a response supporting the motion to terminate on the grounds that 
it satisfied all Commission procedural and substantive requirements, 
that settlements are generally in the public interest, and that the IA 
has no basis to conclude that termination of the investigation with 
respect to Nitto would be contrary to the public interest. On September 
6, 1996, ALJ issued an ID (Order No. 50) granting the joint motion. No 
petitions for review of the ID were received.
    This action is taken under the authority of section 337 of the 
Tariff Act of 1930, as amended (19 U.S.C. 1337), and section 210.42 of 
the Commission's Rules of Practice and Procedure (19 C.F.R. 210.42).
    Copies of the 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, S.W., Washington, D.C. 20436, telephone 202-205-2000. 
Hearing impaired persons are advised that information on the matter can 
be obtained by contacting the Commission's TDD terminal at 202-205-
1810.

    Issued: September 25, 1996.

    By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 96-25084 Filed 9-30-96; 8:45 am]
BILLING CODE 7020-02-P