[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allegations were subsequently withdrawn from the investigation.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