[Federal Register Volume 62, Number 204 (Wednesday, October 22, 1997)]
[Notices]
[Pages 54855-54856]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-27938]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-391]


In the Matter of Certain Toothbrushes and the Packaging Thereof; 
Notice of Issuance of Limited Exclusion Order

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 issued a limited exclusion order in the above-captioned 
investigation.

FOR FURTHER INFORMATION CONTACT: Tim Yaworski, Esq., Office of the 
General Counsel, U.S. International Trade Commission, telephone 202-
205-3096.

SUPPLEMENTARY INFORMATION: The authority for the Commission's

[[Page 54856]]

determination is contained in section 337 of the Tariff Act of 1930, as 
amended (19 U.S.C. 1337), and in section 210.50 of the Commission's 
Rules of Practice and Procedure (19 CFR 210.50).
    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were subsequently withdrawn from the investigation.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 Commission found Shummi Enterprise Co., Ltd (Shummi) and Shumei 
Industrial Co., Ltd. (Shumei) in violation of section 337 and found 
Giftline International Corporation (Giftline) in default for failure to 
respond to the complaint and notice of investigation.
    On July 2, 1997, the presiding administrative law judge (ALJ) 
issued a recommended determination (RD) on the issues of remedy and 
bonding for respondents Shummi and Shumei. The ALJ recommended a 
limited exclusion order and a bond in the amount of 100 percent of 
entered value during the 60-day Presidential review period.
    On August 20, 1997, the Commission published a notice requesting 
written submissions on the issues of remedy, the public interest, and 
bonding. The Commission investigative attorney and complainant P&G 
filed submissions on these issues, essentially concurring with the 
ALJ's recommendations as to Shumei and Shummi and arguing for the same 
remedy and bond to apply to Giftline. No other submissions were filed.
    Having reviewed the record in this investigation, including the 
parties' written submissions, the Commission determined that the 
appropriate form of relief is a limited exclusion order prohibiting the 
unlicensed entry of infringing toothbrushes that are manufactured 
abroad by or on behalf of Shummi, Shumei, or Giftline. The Commission 
further determined that the public interest factors enumerated in 
subsection 337(d) do not preclude issuance of the limited exclusion 
order, 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 
articles in question.
    Copies of the Commission's order, the public version of the 
Commission's 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 the 
matter can be obtained by contacting the Commission's TDD terminal at 
202-205-1810.

    Issued: October 15, 1997.

    By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 97-27938 Filed 10-21-97; 8:45 am]
BILLING CODE 7020-02-P