[Federal Register Volume 64, Number 107 (Friday, June 4, 1999)]
[Notices]
[Pages 30058-30059]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-14201]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-420]


In the Matter of Certain Beer Products; Notice of Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Institution of investigation pursuant to 19 U.S.C. 1337.

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SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on May 3, 1999, under section 337 
of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
Anheuser-Busch Incorporated, One Busch Place, St. Louis, MO 63118-1852. 
A supplement to the complaint was filed on May 28, 1999. The complaint, 
as supplemented, alleges violations of section 337 in the importation 
into the United States, the sale for importation, and the sale within 
the United States after importation of certain beer products by reason 
of infringement of U.S. Trademark Registration Nos. 922,481, 952,277, 
and 666,367. The complaint further alleges that there exists an 
industry in the United States as required by subsection (a)(2) of 
section 337.
    The complainant requests that the Commission institute an 
investigation and, after a hearing, issue a permanent exclusion order 
and permanent cease and desist orders.

ADDRESSES: The complaint, except for any confidential information 
contained therein, is 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, Room 112, Washington, 
DC 20436, telephone 202-205-2000. Hearing-impaired individuals are 
advised that information on this matter can be obtained by contacting 
the Commission's TDD terminal on 202-205-1810. Persons with mobility 
impairments who will need special assistance in gaining access to the 
Commission should contact the Office of the Secretary at 202-205-2000. 
General information concerning the Commission may be obtained by 
accessing its internet server (http://www.usitc.gov).

FOR FURTHER INFORMATION CONTACT: Thomas S. Fusco, Esq., Office of 
Unfair Import Investigations, U.S. International Trade Commission, 
telephone 202-205-2571.

    Authority: The authority for institution of this investigation 
is contained in section 337 of the Tariff Act of 1930, as amended, 
and in section 210.10 of the Commission's rules of practice and 
procedure, 19 C.F.R. 210.10 (1998).

SCOPE OF INVESTIGATION: Having considered the complaint, the U.S. 
International Trade Commission, on May 27, 1999, ordered that--
    (1) Pursuant to subsection (b) of section 337 of the Tariff Act of 
1930, as amended, an investigation be instituted to determine whether 
there is a violation of subsection (a)(1)(C) of section 337 in the 
importation into the United States, the sale for importation, or the 
sale within the United States after importation of certain beer 
products, by reason of infringement of U.S. Trademark Registration Nos. 
922,481, 952,277, or 666,367. The complaint further alleges that there 
exists an industry in the United States as required by subsection 
(a)(2) of section 337.
    (2) For the purpose of the investigation so instituted, the 
following are hereby named as parties upon which this notice of 
investigation shall be served:
    (a) The complainant is: Anheuser-Busch Incorporated, One Busch 
Place, St. Louis, MO 63118-1852.
    (b) The respondents are the following companies alleged to be in 
violation of section 337, and are the parties upon which the complaint 
is to be served:

Budejovicky Budvar, N.P., Karoliny Svetle 4, 370 21 Ceske Budejovice, 
Czech Republic
Argen-Wine Imports, Ltd., 1303 Liriope Ct., Belcamp, MD 21017-1376

    (c) Thomas S. Fusco, Esq., Office of Unfair Import Investigations, 
U.S. International Trade Commission, 500 E Street, S.W., Room 401-O, 
Washington, DC 20436, who shall be the Commission investigative 
attorney, party to this investigation; and
    (3) For the investigation so instituted, the Honorable Debra 
Morriss is designated as the presiding Administrative Law Judge.
    Responses to the complaint and the notice of investigation must be 
submitted by the named respondents in accordance with section 210.13 of 
the Commission's rules of practice and procedure, 19 C.F.R. 210.13. 
Pursuant to 19 C.F.R. 201.16(d) and 210.13(a) of the Commission's 
Rules, such responses will be considered by the Commission if received 
not later than 20 days after the date of service by the Commission of 
the complaint and the notice of

[[Page 30059]]

investigation. Extensions of time for submitting responses to the 
complaint will not be granted unless good cause therefor is shown.
    Failure of a respondent to file a timely response to each 
allegation in the complaint and in this notice may be deemed to 
constitute a waiver of the right to appear and contest the allegations 
of the complaint and this notice, and to authorize the administrative 
law judge and the Commission, without further notice to the 
respondents, to find the facts to be as alleged in the complaint and 
this notice and to enter both an initial determination and a final 
determination containing such findings, and may result in the issuance 
of a limited exclusion order or a cease and desist order or both 
directed against such respondent.

    Issued: May 28, 1999.

    By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 99-14201 Filed 6-3-99; 8:45 am]
BILLING CODE 7020-02-P