[Federal Register Volume 63, Number 194 (Wednesday, October 7, 1998)]
[Notices]
[Pages 53925-53926]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-26872]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-380, Enforcement Proceeding]


Certain Argicultural Tractors Under 50 Power Take-Off Horsepower; 
Notice of Institution of Formal Enforcement Proceeding

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 instituted a formal enforcement proceeding relating to 
certain of the cease and desist orders issued at the conclusion of the 
above-captioned investigation.

FOR FURTHER INFORMATION CONTACT: Peter L. Sultan, Esq., Office of the 
General Counsel, U.S. International Trade Commission, telephone 202-
205-3152.

SUPPLEMENTARY INFORMATION: On February 25, 1997, the Commission issued 
cease and desist orders against eleven respondents at the conclusion of 
the above-captioned investigation, including against Gamut Imports, 
14354

[[Page 53926]]

Cronese Road, Apple Valley, California 92307 (``Gamut Imports''), and 
Gamut Trading Company, Inc., 13450 Nomwaket Road Apple Valley, 
California 92308 (``Gamut Trading''). The cease and desist orders 
provide that the respondents shall not:
    (A) Import or sell for importation into the United States covered 
products [i.e., agricultural tractors under 50 power take-off 
horsepower manufactured by Kubota Corporation of Japan that infringe 
the federally-registered U.S. trademark ``KUBOTA'']; or
    (B) Sell, market, distribute, offer for sale, or otherwise transfer 
(except for exportation) in the United States imported covered product.

The cease and desist orders apply not only to the named respondent but 
also to ``any of its principals, stockholders, officers, directors, 
employees, agents, licensees, distributors, controlled (whether by 
stock ownership or otherwise) and/or majority-owned business entities, 
successors and assigns.''
    On July 16, 1998, complainants Kubota Corporation, Kubota Tractor 
Corporation, and Kubota Manufacturing of America Corporation 
(collectively ``Kubota'') filed a complaint seeking institution of a 
formal enforcement proceeding against Gamut Imports and Gamut Trading, 
and against two officers and directors of Gamut Trading, Ronald A. 
DePue and Darrel J. Du Puy. Kubota requested that the Commission 
enforce the cease and desist orders, impose civil penalties, and impose 
such other remedies and sanctions as are appropriate.
    The Commission, having examined the request for a formal 
enforcement proceeding filed by Kubota, and having found that the 
request complies with the requirements for institution of a formal 
enforcement proceeding, determined to institute formal enforcement 
proceedings to determine whether Gamut Trading Co., Inc., Gamut 
Imports, Ronald A. DePue, and/or Darrel J. Du Puy are in violation of 
the Commission cease and desist orders issued in the investigation and 
what if any enforcement measures are appropriate.
    The following were named as parties to the formal enforcement 
proceeding: (1) Kubota Corporation, 2-47 Shikitsuhigashi 1-chome, 
Naniwa-ku,Osaka 556-8601, Japan; Kubota Tractor Corporation, 3401 Del 
Amo Boulevard, Torrance, California 90503; and Kubota Manufacturing of 
America Corporation, Industrial Park North, 2715 Ramsey Road, 
Gainesville, Georgia 30501 (complainants in the underlying 
investigation and requesters of the formal enforcement proceeding); (2) 
Gamut Trading Co., Inc., 13450 Nomwaket Road, Apple Valley, California 
92308 (enforcement proceeding respondent); (3) Gamut Imports, 14354 
Cronese Road, Apple Valley, California 92307 (enforcement proceeding 
respondent); (4) Ronald A. DePue, Chief Executive Officer and Chairman 
of the Board of Directors of Gamut Trading Co., Inc. (enforcement 
proceeding respondent); (5) Darrel J. Du Puy, Chief Financial Officer, 
President and member of the Board of Directors of Gamut Trading Co., 
Inc.(enforcement proceeding respondent); and (6) a Commission 
investigative attorney to be designated by the Director, Office of 
Unfair Import Investigations.
    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 section 
210.75 of the Commission's Rules of Practice and Procedure (19 CFR 
210.75).
    Copies of the Commission's order and all other nonconfidential 
documents filed in connection with this enforcement proceeding 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, SW, Washington, DC 20436, telephone 
202-205-2000. Hearing-impaired persons are advised that information on 
this matter can be obtained by contacting the Commission's TDD terminal 
on 202-205-1810. General information concerning the Commission may also 
be obtained by accessing its Internet server (http://www.usitc.gov).

    Issued: September 28, 1998.

    By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 98-26872 Filed 10-6-98; 8:45 am]
BILLING CODE 7020-02-P