[Federal Register Volume 68, Number 85 (Friday, May 2, 2003)]
[Notices]
[Pages 23497-23498]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-10812]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-486]


Certain Agricultural Tractors, Lawn Tractors, Riding Lawnmowers, 
and Components Thereof; Notice of Commission Decision Not To Review an 
Initial Determination Terminating the Investigation as to a Respondent 
on the Basis of a Consent Order; Issuance of Consent Order; and Request 
for Submissions on Remedy, the Public Interest, and Bonding

AGENCY: International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined not to review the presiding administrative 
law judge's (``ALJ's'') initial determination (``ID'') terminating the 
above-captioned investigation as to a respondent on the basis of a 
consent order. In connection with final disposition of the 
investigation, the Commission is requesting briefing on remedy, the 
public interest, and the appropriate bond during the period of 
Presidential review.

FOR FURTHER INFORMATION CONTACT: Clara Kuehn, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street, 
SW., Washington, DC 20436, telephone (202) 205-3012. Copies of the 
ALJ's ID and all other nonconfidential documents filed in connection 
with this investigation 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. General information 
concerning the Commission may also 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://edis.usitc.gov. Hearing-impaired persons are 
advised that information on this matter can be obtained by contacting 
the Commission's TDD terminal on 202-205-1810.

SUPPLEMENTARY INFORMATION: The Commission instituted this investigation 
on February 10, 2003, based on a complaint and motion for temporary 
relief filed by New Holland North America, Inc. (``complainant'') of 
New Holland, PA. 68 FR 6772 (Feb. 10, 2003). The complaint alleged 
violations of section 337 of the Tariff Act of 1930 in the importation 
into the United States, sale for importation, and sale within the 
United States after importation of certain tractors and components 
thereof by reason of misappropriation of New Holland's trade dress. The 
notice of investigation identified three respondents: Beiqi Futian 
Automobile Co., Ltd. (``Futian'') of Beijing, China; Cove Equipment, 
Inc. (``Cove'') of Conyers Georgia; and Northwest Products, Inc. 
(``Northwest'') of Auburn, Washington. Id. On March 19, 2003, the ALJ 
issued an ID (Order No. 6) finding respondent Futian in default. On 
March 31, 2003, the ALJ issued an ID (Order No. 8) amending the 
complaint and notice of investigation to clarify the identity of Cove 
and to add Brian Navalinsky of Conyers, Georgia as an additional 
respondent. On April 1, 2003, the ALJ issued an ID (Order No. 9) 
terminating respondents Cove and Navalinsky on the basis of a consent 
order. Those IDs were not reviewed by the Commission.
    On March 26, 2003, complainant and Northwest moved pursuant to 
Commission rule 210.21(c)(1)(ii) to terminate the investigation with 
respect to Northwest based upon a settlement agreement and consent 
order. On March 28, 2003, the Commission investigative attorney filed a 
response supporting the joint motion. On April 2, 2003, complainant 
filed a declaration pursuant to section 337(g)(1) and Commission rule 
210.16(c)(1) seeking immediate entry of permanent relief against 
respondent Futian.
    On April 8, 2003, the ALJ issued an ID (Order No. 10) granting the 
motion to terminate the investigation as to respondent Northwest. In 
his ID, the ALJ noted that all respondents in the investigation had 
been found to be in default or had reached settlements with 
complainant. He stated that ``[i]f the Commission adopts this Initial 
Determination or otherwise terminates the investigation as to Northwest 
and also terminates the investigation as to the other respondents, no 
respondent will remain in this investigation. Therefore, any 
outstanding motions (including Complainant's Motion for temporary 
relief) will be moot, and this investigation will be terminated in its 
entirety.'' ID at 5. No petitions for review of the ID were filed.
    Section 337(g)(1), 19 U.S.C. 1337(g)(1) and Commission rule 
210.16(c), 19 CFR 210.16(c), authorize the Commission to order limited 
relief against a respondent found in default unless, after 
consideration of public interest factors, it finds that such relief 
should not issue. In this investigation, respondent Futian has been 
found in default and complainant has requested issuance of a limited 
exclusion order that would deny entry to certain agricultural tractors, 
lawn tractors, and riding lawn mowers, and components thereof 
manufactured by or for Futian. Complainant also requests issuance of a 
cease and desist order. If the Commission decides to issue remedial 
orders against Futian, it must consider what the amount of the bond 
should be during the Presidential review period.
    In connection with the final disposition of this investigation, the 
Commission may issue remedial orders. The requested remedies are (1) a 
limited exclusion order that could result in the exclusion from entry 
into the United States of certain agricultural tractors, lawn tractors, 
and riding lawn mowers, and components thereof manufactured by or for 
Futian, and (2) a cease and desist order that could result in 
prohibiting Futian and its United States affiliates or agents from 
importing, marketing, distributing, displaying, assembling, installing, 
servicing, or selling certain agricultural tractors, lawn tractors, and 
riding lawn mowers, and components thereof within the United States. 
Accordingly, the Commission is interested in receiving written 
submissions that address whether either or both such orders should be 
issued. If a party seeks exclusion of an article from entry into the 
United States for purposes other than entry for consumption, it should 
so indicate and provide information establishing that activities 
involving other types of entry either are adversely affecting it or 
likely to do so. For background, see Certain Devices for Connecting 
Computers via Telephone Lines, Inv. No. 337-TA-360, USITC Pub. No. 2843 
(December 1994) (Commission Opinion).
    If the Commission contemplates some form of remedy, it must 
consider the effects of that remedy upon the public interest. The 
factors the Commission will consider in this investigation

[[Page 23498]]

include the effect that remedial orders would have on (1) the public 
health and welfare, (2) competitive conditions in the U.S. economy, (3) 
U.S. production of articles that are like or directly competitive with 
those that are subject to investigation, and (4) U.S. consumers. The 
Commission is therefore interested in receiving written submissions 
that address the aforementioned public interest factors in the context 
of this investigation.
    If the Commission orders some form of remedy, the President has 60 
days to approve or disapprove the Commission's action. During this 
period, the subject articles would be entitled to enter the United 
States under a bond, in an amount determined by the Commission and 
prescribed by the Secretary of the Treasury. The Commission is 
therefore interested in receiving submissions concerning the amount of 
the bond that should be imposed.
    Written Submissions: The parties to the investigation, interested 
government agencies, and any other interested parties are encouraged to 
file written submissions on remedy, the public interest, and bonding. 
Complainant and the Commission investigative attorney are also 
requested to submit proposed remedial orders for the Commission's 
consideration. Written submissions including proposed remedial orders 
must be filed no later than close of business on May 16, 2003. Reply 
submissions must be filed no later than the close of business on May 
23, 2003. No further submissions on these issues will be permitted 
unless otherwise ordered by the Commission.
    Persons filing written submissions must file with the Office of the 
Secretary the original document and 14 true copies thereof on or before 
the deadlines stated above. Any person desiring to submit a document 
(or portion thereof) to the Commission in confidence must request 
confidential treatment unless the information has already been granted 
such treatment during the proceedings. All such requests should be 
directed to the Secretary of the Commission and must include a full 
statement of the reasons why the Commission should grant such 
treatment. See Sec.  201.6 of the Commission's rules of practice and 
procedure, 19 CFR 201.6. Documents for which confidential treatment by 
the Commission is sought will be treated accordingly. All 
nonconfidential written submissions will be available for public 
inspection at the Office of the Secretary.
    This action is taken under the authority of section 337 of the 
Tariff Act of 1930, 19 U.S.C. 1337, and Sec. Sec.  210.16 and 210.42 of 
the Commission's rules of practice and procedure, 19 CFR 210.16 and 
210.42.

    By order of the Commission.
    Issued: April 28, 2003.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 03-10812 Filed 5-1-03; 8:45 am]
BILLING CODE 7020-02-P