[Federal Register Volume 62, Number 126 (Tuesday, July 1, 1997)]
[Notices]
[Pages 35525-35526]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-17227]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-399]


Certain Fluid-Filled Ornamental Lamps; 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 and motion for 
temporary relief were filed with the U.S. International Trade 
Commission on May 22, 1997, under section 337 of the Tariff Act of 
1930, as amended, 19 U.S.C. Sec. 1337, on behalf of Haggerty 
Enterprises, Inc., 5921 West Dickens Avenue, Chicago, Illinois 60639-
4032. A supplement to the complaint and motion was filed on June 20, 
1997.
    The complaint, as supplemented, alleges a violation 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 
fluid-filled ornamental lamps by reason of infringement of U.S. 
Trademark Registration Nos. 1,611,140 and 852,625. The complaint also 
alleges that there exists an industry in the United States with respect 
to the articles protected by the registered trademarks. The complainant 
requests that the Commission institute an investigation and, after a 
hearing, issue a permanent exclusion order and permanent cease and 
desist orders.
    The motion for temporary relief requests that the Commission issue 
a temporary exclusion order and temporary cease and desist orders 
prohibiting the importation into and the sale within the United States 
after importation during the course of the Commission's investigation 
of certain fluid-filled ornamental lamps that infringe U.S. Trademark 
Registration Nos. 1,611,140 and 852,625.

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 202-205-2000. 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 R. 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 CFR Sec. 210.10. The authority for provisional 
acceptance of the motion for temporary relief is contained in 
section 210.58, 19 CFR Sec. 210.58.

    Scope of Investigation: Having considered the complaint and the 
motion for temporary relief, the U.S. International Trade Commission, 
on June 25, 1997, 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 fluid-filled 
ornamental lamps by reason of infringement of U.S. Registered Trademark 
Nos. 1,611,140 and 852,625, and whether there exists an industry in the 
United States as required by subsection (a)(2) of section 337.
    (2) Pursuant to section 210.58 of the Commission's Rules of 
Practice and Procedure, 19 CFR Sec. 210.58, the motion for temporary 
relief under subsection (e) of section 337 of the Tariff Act of 1930, 
which was filed with the complaint, is provisionally accepted and 
referred to the presiding administrative law judge for investigation.
    (3) 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--Haggerty Enterprises, Inc., 5921 West 
Dickens Avenue, Chicago, Illinois 60639-4032.
    (b) The respondents are the following companies alleged to be in 
violation of section 337, and are the parties upon which the complaint 
and motion for temporary relief are to be served:

Lipan Industrial Co., Ltd., 10F, No. 312, Chung Shiao E. Rd., Sec. 4, 
Taipei, Taiwan;
Gemmy Industries Corporation, 2111 W. Walnut Hill Lane, Irving, Texas 
75038;
Kay-Bee Center Inc., 100 West Street, Pittsfield, Massachusetts 01201;
Walgreen Company, 200 Wilmont Road, Deerfield, Illinois 60015;
Six G's Inc., 175 W. Washington Street, Chicago, Illinois 60602;

[[Page 35526]]

Adams Apple Distributing Company LP, 5100 N. Ravenswood Avenue, 
Chicago, Illinois 60640;
A-Mic Corporation, 20268 Paseo Robles, Walnut, California 91789;
Charlotte Buchanan, d/b/a Glamorama, 3414 Fremont Avenue N., Seattle, 
Washington 98103;
Fortune Products Inc., 2824 Old Hartford Rd., Lake Stevens, Washington 
98258;
J.J.M. Novelties, 12106 Boca Grande Avenue, New Port Richey, Florida 
34654;
Original Lighting Inc., 4025 Richmond Avenue, Houston, Texas 77027;

    (c) Kent R. Stevens, Esq., Office of Unfair Import Investigations, 
U.S. International Trade Commission, 500 E Street, S.W., Room 401-L, 
Washington, D.C. 20436, shall be the Commission investigative attorney, 
party to this investigation; and
    (4) For the investigation and temporary relief proceedings 
instituted, the Honorable Sidney Harris is designated as the presiding 
Administrative Law Judge.
    Responses to the complaint, the motion for temporary relief, and 
the notice of investigation must be submitted by the named respondents 
in accordance with sections 210.13 and 210.59 of the Commission's Rules 
of Practice and Procedure, 19 CFR Secs. 210.13 and 210.59. Pursuant to 
sections 201.16(d) and 210.13(a) and 210.59 of the Commission's Rules, 
19 CFR Secs. 201.16(d), 210.13(a), 210.59, such responses will be 
considered by the Commission if received not later than 10 days after 
the date of service by the Commission of the complaint, the motion for 
temporary relief, and the notice of investigation. Extensions of time 
for submitting responses to the complaint, motion for temporary relief, 
and the notice of investigation 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, in the motion for temporary relief, and in 
this notice may be deemed to constitute a waiver of the right to appear 
and contest the allegations of the complaint, the motion for temporary 
relief, 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, the motion for temporary 
relief, 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: June 26, 1997.

    By order of the Commission.
Donna R. Koehnke.
Secretary.
[FR Doc. 97-17227 Filed 6-30-97; 8:45 am]
BILLING CODE 7020-02-P