[Federal Register Volume 67, Number 73 (Tuesday, April 16, 2002)]
[Notices]
[Pages 18632-18633]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-9230]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-469]


Certain Bearings and Packaging Thereof; Notice of Investigation

AGENCY: 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 March 11, 2002, under section 
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
SKF USA Inc. of Norristown, Pennsylvania. An amended complaint was 
filed on March 21, 2002. Supplements to the complaint were filed on 
March 29 and April 5, 2002. The complaint, as amended and 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 bearings and packaging thereof by reason 
of (1) infringement of U.S. Trademark Registration Nos. 502,839, 
502,840, 1,944,843, and 2,053,722; (2) infringement of common law 
trademarks; (3) dilution of registered and common law trademarks; (4) 
false representation of source in violation of Section 43(a)(1)(A) of 
the Lanham Act, 15 U.S.C. 1125(a)(1)(A); (5) false advertising in 
violation of Section 43(a)(1)(B) of the Lanham Act, 15 U.S.C. 
1125(a)(1)(B); (6) passing off; and (7) unfair pecuniary benefits. The 
complaint further alleges that an industry in the United States exists 
as required by subsections (a)(1)(A) and (a)(2) of section 337.
    The complainant requests that the Commission institute an 
investigation and, after the investigation, issue a permanent exclusion 
order and permanent cease and desist orders.

ADDRESSES: The complaint, amended complaint, and supplements, except 
for any confidential information contained therein, are 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 ADD 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 also be obtained by accessing its Internet server at 
http://www.usitc.gov. The public record for this investigation may be 
viewed on the Commission's electronic docket (EDIS-ON-LINE) at http://dockets.usitc.gov/eol/public.

FOR FURTHER INFORMATION CONTACT: David O. Lloyd, Esq., Office of Unfair 
Import Investigations, U.S. International Trade Commission, telephone 
202-205-2576.

    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 CFR 210.10 (2002).

    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on April 9, 2002, Ordered That--
    (1) Pursuant to subsection (b) of section 337 of the Tariff Act of 
1930, as amended, an investigation be instituted to determine:
    (a) 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 bearings and packaging thereof by reason of infringement of 
U.S. Trademark Registration Nos. 502,839, 502,840, 1,944,843, or 
2,053,722 and whether there exists an industry in the United States as 
required by subsection (a)(2) of section 337; and
    (b) whether there is a violation of subsection (a)(1)(A) 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 bearings and packaging thereof by reason of (1) infringement of 
common law trademarks; (2) dilution of registered and/or common law 
trademarks; (3) false representation of source; (4) false advertising; 
(5) passing off; or (6) unfair pecuniary benefits, the threat or effect 
of which is to destroy or substantially injure an industry in the 
United States.
    (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--SKF USA Inc., 1111 Adams Avenue, 
Norristown, PA 19403.
    (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:

Bearing Distributors Inc., 930 S. Stadium Road, Columbia, SC 29202.
Bearings & Motive Specialties Company, Inc., 90 Westmoreland Ave., 
White Plains, NY 10606.
Bearings Limited, 20 Davids Drive, Hauppauge, NY 11788.
Bohls Bearing & Power Transmission Service, 210 Probandt, San Antonio, 
TX 78204.
Creswell Industrial Supply, Inc., 6125 Airways Boulevard, Chattanooga, 
TN 37422.
CST Bearing Company, 2115 S. Santa Fe St., Santa Ana, CA 92705.
Gulf United Industries Inc., d/b/a United Bearing Company, 675 S. Royal 
Lane, Coppell, TX 75019.
McGuire Bearing Company, 947 S.E. Market St., Portland, OR 97214.
Motor Bearing Supply, Inc., Rt. 1, Box 679, Jasper, TX 75951.
RF Wolters Company, Inc., 4585 S. Berkley Lake Road, Norcross, GA 
30071.
Representaciones Industriales Rodriguez, S.A. de C.V., Av. Dr. I. 
Morones Prieto 3150 Ote, Monterrey, NL, Mexico.
Ringball Corporation, 2160 Meadowpine Boulevard, Mississauga, Ontario, 
Canada L5N 6H6.
RitBearing Corporation, 14500 Lochridge Boulevard, Covington, GA 30014.
Seal Pack Corporation, 8502 NW 66th St., Miami, FL 33166.

    (c) David O. Lloyd, Esq., Office of Unfair Import Investigations, 
U.S. International Trade Commission, 500 E Street, SW., Room 401, 
Washington, DC 20436, who shall be the Commission investigative 
attorney, party to this investigation; and
    (3) For the investigation so instituted, the Honorable Delbert R. 
Terrill, Jr., is designated as the presiding administrative law judge.

[[Page 18633]]

    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 CFR 210.13. 
Pursuant to 19 CFR 201.16(d) and 210.13(a), such responses will be 
considered by the Commission if received no later than 20 days after 
the date of service by the Commission of the complaint and the notice 
of 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 to authorize the administrative law judge and the 
Commission, without further notice to that respondent, 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 that respondent.

    Issued: April 10, 2002.

    By order of the Commission.
Marilyn R. Abbott,
Secretary.
[FR Doc. 02-9230 Filed 4-15-02; 8:45 am]
BILLING CODE 7020-02-P