[Federal Register Volume 62, Number 161 (Wednesday, August 20, 1997)]
[Notices]
[Pages 44290-44291]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-22056]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-391]


Certain Toothbrushes and the Packaging Thereof; Notice of 
Commission Determination Not To Review an Initial Determination Finding 
Respondent Giftline International Corporation in Default; Request for 
Written Submissions on the Issues of Remedy, the Public Interest, and 
Bonding

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined not to review an initial determination (ID) 
of the presiding administrative law judge (ALJ) in the above-captioned 
investigation finding respondent Giftline International Corporation 
(Giftline) in default, and to have waived its rights to appear, to be 
served with documents, and to contest the allegations at issue in the 
investigation.

FOR FURTHER INFORMATION CONTACT: Anjali K. Hansen, Esq., Office of the 
General Counsel, U.S. International Trade Commission, telephone 202-
205-3117.


[[Page 44291]]


SUPPLEMENTARY INFORMATION: The Commission instituted this investigation 
on November 22, 1996, based on a complaint filed by The Procter & 
Gamble Company (P&G) concerning allegations of unfair acts in violation 
of section 337 in the importation and sale of certain toothbrushes 
covered by U.S. Letters Patent Des. 328,392. The complaint, as amended, 
also alleged copyright infringement by certain respondents, but those 
allegations were subsequently withdrawn from the investigation.
    The complaint and notice of investigation were served on all 
respondents, but respondent Giftline failed to respond to the complaint 
and notice of investigation in the manner required by Commission rule 
210.13(b). On March 7, 1997, complainant P&G filed a motion for an 
order for Giftline to show cause why it should not be found in default 
for failure to respond to the amended complaint and notice of 
investigation pursuant to Commission rule 210.16. The Commission 
investigative attorney filed a response in support of the motion, and 
respondents Shummi Enterprise Co., Ltd. and Shumei Industrial Co., Ltd. 
filed a response stating that they do not oppose the motion. On July 2, 
1997, the presiding ALJ issued an order (Order No. 5) directing 
Giftline to show cause why it should not be found in default by July 
14, 1997. Giftline failed to make such a showing. Accordingly, on July 
23, 1997, the ALJ issued an ID (Order No. 9) finding Giftline in 
default pursuant to Commission rule 210.16 and ruling that Giftline had 
waived its right to appear, to be served with documents, and to contest 
the allegations at issue in the investigation. No party petitioned for 
review of the subject ID.
    In connection with final disposition of this investigation, the 
Commission may issue (1) an order that could result in the exclusion of 
the subject articles from entry into the United States, and/or (2) 
cease and desist orders that could result in respondents being required 
to cease and desist from engaging in unfair acts in the importation and 
sale of such articles. The Commission is interested in receiving 
written submissions that address the form of remedy, if any, that 
should be ordered. If a party seeks exclusion of an article from entry 
into the United States for purposes other than entry for consumption, 
the party should so indicate and provide information establishing that 
activities involving other types of entry either are adversely 
affecting it or are likely to do so. For background, see the Commission 
Opinion in In the Matter of Certain Devices for Connecting Computers 
via Telephone Lines, Inv. No. 337-TA-360, USITC Pub. 2843 (December 
1994).
    If the Commission contemplates some form of remedy, it must 
consider the effects of that remedy upon the public interest. The 
factors the Commission will consider include the effect that an 
exclusion order and/or cease and desist orders would have on (1) the 
public health and welfare, (2) competitive conditions in the U.S. 
economy, (3) U.S. production of articles that are like or directly 
competitive with those that are subject to investigation, and (4) U.S. 
consumers. The Commission is therefore interested in receiving written 
submissions that address the aforementioned public interest factors in 
the context of this investigation.
    If the Commission orders some form of remedy, the President has 60 
days to approve or disapprove the Commission's action. During this 
period, the subject articles would be entitled to enter the United 
States under a bond, in an amount determined by the Commission and 
prescribed by the Secretary of the Treasury. The Commission is 
therefore interested in receiving submissions concerning the amount of 
the bond that should be imposed.

Written Submissions

    The parties to the investigation (other than Giftline), interested 
government agencies, and any other interested persons are encouraged to 
file written submissions on the issues of remedy, the public interest, 
and bonding. Such submissions should address the July 2, 1997, 
recommended determination of the ALJ on remedy and bonding. Complainant 
and the Commission investigative attorney are also requested to submit 
proposed remedial orders for the Commission's consideration. The 
written submissions and proposed remedial orders must be filed no later 
than the close of business on September 8, 1997. Reply submissions must 
be filed no later than the close of business on September 15, 1997. No 
further submissions will be permitted unless otherwise ordered by the 
Commission.
    Persons filing written submissions must file with the Office of the 
Secretary the original document and 14 true copies thereof on or before 
the deadlines stated above. Any person desiring to submit a document 
(or portion thereof) to the Commission in confidence must request 
confidential treatment unless the information has already been granted 
such treatment during the proceedings. All such requests should be 
directed to the Secretary of the Commission and must include a full 
statement of the reasons why the Commission should grant such 
treatment. See 19 C.F.R. Sec. 201.6. Documents for which confidential 
treatment is granted by the Commission will be treated accordingly. All 
nonconfidential written submissions will be available for public 
inspection at the Office of the Secretary.
    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 sections 
210.42 and 210.50 of the Commission's Rules of Practice and Procedure 
(19 C.F.R. Secs. 210.42 and 210.50).
    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: August 14, 1997.

    By order of the Commission.
Donna R. Koehnke,
Secretary.

[FR Doc. 97-22056 Filed 8-19-97; 8:45 am]
BILLING CODE 7020-02-P