[Federal Register Volume 68, Number 27 (Monday, February 10, 2003)]
[Notices]
[Pages 6772-6773]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-3177]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-486]


In the Matter of Certain Agricultural Tractors, Lawn Tractors, 
Riding Lawnmowers, and Components Thereof; 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 and motion for 
temporary relief were filed with the U.S. International Trade 
Commission on December 27, 2002, under section 337 of the Tariff Act of 
1930, as amended, 19 U.S.C. 1337, on behalf of New Holland North 
America, Inc. of New Holland, Pennsylvania. The complaint 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 tractors and components thereof by reason of 
misappropriation of New Holland's trade dress. Supplements to the 
complaint were filed on January 15 and 16, 2003. The complaint further 
alleges injury to an industry in the United States as required by 
subsection (a)(1)(A) 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.
    The motion for temporary relief requests that the Commission issue 
a temporary limited exclusion order and temporary cease and desist 
orders prohibiting the importation into and the sale within the United 
States after importation of certain tractors and components thereof 
that misappropriate New Holland's trade dress during the course of the 
Commission's investigation.

ADDRESSES: The complaint and motion for temporary relief, 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 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). 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 H. Hollander, Jr., Esq., Office 
of Unfair Import Investigations, U.S. International Trade Commission, 
telephone (202) 205-2746.

    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). The authority for provisional 
acceptance of the motion for temporary relief is contained in 
section 210.58, 19 CFR 210.58.

    Scope of Investigation: Having considered the complaint and the 
motion for temporary relief, the U.S. International Trade Commission, 
on February 3, 2003, 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)(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 agricultural 
tractors, lawn tractors, riding lawnmowers, or components thereof by 
reason of misappropriation of trade dress, the threat or effect of 
which is to destroy or substantially injure an industry in the United 
States.
    (2) Pursuant to section 210.58 of the Commission's Rules of 
Practice and Procedure, 19 CFR 210.58, the motion for temporary relief 
under subsection (e) of section 337 of the Tariff Act of 1930, which 
was filed with the complaint, be provisionally accepted and referred to 
the presiding administrative law judge for investigation.
    (3) 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--New Holland North America, Inc., 500 Diller 
Avenue, New Holland, Pennsylvania 17557-9301.
    (b) The respondents are the following companies alleged to be in 
violation of section 337, and are the parties upon which the complaint 
and the motion for temporary relief are to be served:

Beiqi Futian Automobile Co., Ltd., Shayang Road, Shake Town,

[[Page 6773]]

Changping District, Beijing 102206, China.
Northwest Products, Inc., 3046 South Star Lake Road, Auburn, Washington 
98001-1824.
Cove Equipment, Inc., 2685 Paces Landing Drive, Conyers, Georgia 30012.

    (c) David H. Hollander, Jr., Office of Unfair Import 
Investigations, U.S. International Trade Commission, 500 E Street, SW., 
Room 401-K, Washington, DC 20436, who shall be the Commission 
investigative attorney, party to this investigation; and
    (4) For the investigation and temporary relief proceedings so 
instituted, the Honorable Sidney Harris is designated as the presiding 
administrative law judge.
    Responses to the complaint, the motion for temporary relief, and 
the notice of investigation must be submitted by the named respondents 
in accordance with section 210.13 and 210.59 of the Commission's Rules 
of Practice and Procedure, 19 CFR 210.13 and 210.59. Pursuant to 19 CFR 
201.16(d), 210.13(a), and 210.59, such responses will be considered by 
the Commission if received not later than 10 days after the date of 
service by the Commission of the complaint, the motion for temporary 
relief, and the notice of investigation. Extensions of time for 
submitting the responses to the complaint, motion for temporary relief, 
and the notice of investigation 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, in the motion for temporary relief, and in 
this notice may be deemed to constitute a waiver of the right to appear 
and contest the allegations of the complaint, the motion for temporary 
relief and this notice, and to authorize the administrative law judge 
and the Commission, without further notice to the respondent, to find 
the facts to be as alleged in the complaint, the motion for temporary 
relief, and this notice and to enter both an initial determination and 
a final determination containing such findings, and may result in the 
issuance of limited exclusion orders or cease and desist orders or both 
directed against such respondent.

    Issued: February 4, 2003.

    By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 03-3177 Filed 2-7-03; 8:45 am]
BILLING CODE 7020-02-P