[Federal Register Volume 63, Number 62 (Wednesday, April 1, 1998)]
[Notices]
[Page 15888]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-8532]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-399]


In the Matter of Certain Fluid-Filled Ornamental Lamps; Notice of 
Commission Decision Not To Review an Initial Determination Terminating 
the Investigation in Its Entirety and Issuance of Consent Orders

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 decided not to review the presiding administrative law 
judge's (ALJ's) initial determination (ID) terminating the above-
captioned investigation as to every respondent on the basis of a 
consent order, a settlement agreement, or withdrawal of the 
complainant's allegations against the respondent. The investigation is 
therefore terminated in its entirety.

FOR FURTHER INFORMATION CONTACT: P. N. Smithey, Esq., Office of the 
General Counsel, U.S. International Trade Commission, telephone 202-
205-3061. General information concerning the Commission also may be 
obtained by accessing its Internet server (http://www.usitc.gov). 
Hearing-impaired individuals can obtain information concerning this 
matter by contacting the Commission's TDD terminal at 202-205-1810.

SUPPLEMENTARY INFORMATION:
    On May 22, 1997, Haggerty Enterprises, Inc., filed a complaint and 
a motion for temporary relief with the Commission alleging violations 
of section 337 of the Tariff Act of 1930 (19 U.S.C. 1337) 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 that infringe U.S. Trademark Registration Nos. 
1,611,140 and/or 852,625. The Commission provisionally accepted the 
motion for temporary relief for further processing and instituted the 
investigation on July 1, 1997. Eleven firms were named as respondents: 
Lipan Industrial Co., Ltd.; Gemmy Industries Corporation; Kay-Bee 
Center Inc.; Walgreen Company; Six G's Inc.; Adams Apple Distributing 
Company LP; A-Mic Corporation; Charlotte Buchanan, d/b/a Glamorama; 
Fortune Products, Inc.; J.J.M. Novelties; and Original Lighting Inc. 
See 62 FR 35525 (July 1, 1997).
    Between July 23 and August 4, 1997, complainant Haggerty moved for 
termination of the investigation as to every respondent. Termination as 
to respondents Six G's, Charlotte Buchanan, Original Lighting, Gemmy, 
Kay-Bee, and Walgreen was sought on the basis of consent orders. 
(Motions Nos. 399-2 through 399-4 and 399-8.) The motions for 
termination as to respondents J.J.M., Adams Apple, A-Mic, and Fortune 
were based on Haggerty's withdrawal of its section 337 allegations 
against those respondents. (Motions Nos. 399-5 and 399-6.) Termination 
as to respondent Lipan was sought on the basis of a settlement 
agreement. (Motion No. 399-7.)
    On August 13, 1997, the Commission investigative attorney filed a 
response supporting the motions.
    On March 4, 1998, the ALJ issued the ID granting the motions and 
ordering termination of the investigation in its entirety (including 
the temporary relief proceeding). No party petitioned for review of the 
ID pursuant to 19 CFR 210.43(a).
    The Commission's action was taken under the authority of 19 U.S.C. 
1337(c) and 19 CFR 210.42.
    All nonconfidential documents filed in the investigation--including 
the ID, the motion for termination as to each respondent, the consent 
orders and the settlement agreement, and the Commission investigative 
attorney's response to the motions for termination--are or will be 
available for public inspection during official business hours (8:45 
a.m. to 5:15 p.m.) in the Commission's Office of the Secretary, Dockets 
Branch, 500 E Street, SW., Room 112, Washington, D.C. 20436, telephone 
202-205-2000.

    Issued: March 24, 1998.

    By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 98-8532 Filed 3-31-98; 8:45 am]
BILLING CODE 7020-02-P