[Federal Register Volume 68, Number 30 (Thursday, February 13, 2003)]
[Notices]
[Pages 7388-7389]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-3567]
=======================================================================
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Inv. No. 337-TA-487]
In the Matter of Certain Agricultural Vehicles and Components
thereof; Notice of Investigation
AGENCY: U.S. International Trade Commission.
ACTION: Institution of investigation pursuant to 19 U.S.C. 1337.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that a complaint was filed with the
U.S. International Trade Commission on January 8, 2003, under section
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of
Deere & Company of Moline, Illinois. Letters supplementing the
complaint were filed on January 27 and 28, 2003. 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 agricultural vehicles and
components thereof by reason of infringement and dilution of U.S.
Registered Trademark Nos. 1,254,339, 1,502,103, 1,503,576, and 91,860.
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 general
exclusion order and permanent cease and desist orders.
ADDRESSES: The complaint and supplements, except for any confidential
information contained
[[Page 7389]]
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 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 Document Information System (EDIS) at https://edis.usitc.gov.
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 February 6, 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:
(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 agricultural vehicles or components thereof by reason of
infringement of U.S. Registered Trademark No. 1,254,339, 1,502,103,
1,503,576, or 91,860, and whether an industry in the United States
exists 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 agricultural vehicles or components thereof by reason of
dilution of U.S. Registered Trademark No. 1,254,339, 1,502,103, or
1,503,576, 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--
Deere & Company, One John Deere Place, Moline, Illinois 61250.
(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:
Jiangsu Yueda Co. Ltd., 71 Renmin Road Central, Yangcheng City, Jiangsu
Province, China 224002
Dongfeng Agricultural Machinery Group, No. 10 Xinye Road, Changzhou,
Jiangsu Province, China 213012
Jiangling Tractor Co., 509 Northern Yingbing Avenue, Nanchang City,
Jiangxi Province, China 330001
Agra-Infocentrum-Benelux, Postbus 49, 5110 AA Baarle-Nassau, The
Netherlands
Agrideal, Chemin des Perrines, 3550 Vitre, France
Erntetechnik Franz Becker, Naendorf 6, Metelen 48629, Germany
Agracat, Inc., 57 E. Main St., Farmington, Arkansas 72730
Bolton Power Equipment, 39 Whitcomb Road, Bolton, MA 01740
Bourdeau Bros., Inc., 590 Mason Road, Champlain, NY 12919-4855
China America Imports, 33898 Adler Lane, Creswell, OR 97426
Co-Ag LLC, 894 County Road, Theresa, WI 53091
Crossroads Technologies International, 815 Bedford St., Chesapeake, VA
23322
Dale Ilgen Enterprises, W. 6897 Firelane 4, Menasha, WI 54952
Davey-Joans Tractor & Chopper Supermarket, 980 SR 13 Box 173,
Williamstown, NY 13493
Fitzpatrick Farms, 12210 Stone Road, Fowler, MI 48835
J & T Farms, 370 Spring Grove Road, Ephrata, PA 17522
Lenar Equipment, LLC, 3261 Northeast Alexander Lane, Albany, OR 97321
OK Enterprises, 55617 County Road 13, Mountain Lake, MN 56159
Pacific Avenue Equipment, 1015 Pacific Avenue, Yakima, WA 98901
SamTrac Tractor and Equipment, 3199 Plummers Lane, No. 13, Chico, CA
95973
Stanley Farms, 3821 County Hwy H, Stanley, WI 54768
Sunova Implement Co., 196679 19th Line RR 1, Lakeside,
Ontario, Canada N0M 2G0
Task Master Equipment LLC/Tractors Etc., 83969 N. Pacific Highway 99,
Creswell, OR 97426
Workhorse Tractors, 36616 N. 27th Ave., Phoenix, AZ 85806
(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 Paul J.
Luckern 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 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.
By order of the Commission.
Issued: February 7, 2003.
Marilyn R. Abbott,
Secretary.
[FR Doc. 03-3567 Filed 2-12-03; 8:45 am]
BILLING CODE 7020-02-P