[Federal Register Volume 68, Number 130 (Tuesday, July 8, 2003)]
[Notices]
[Page 40684]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-17194]


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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 Commission 
Issuance of Limited Exclusion Order and Termination of Investigation

AGENCY: International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has issued a limited exclusion order and terminated the 
above-captioned investigation.

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) 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 infringement 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 
presiding administrative law judge (``ALJ'') issued an initial 
determination (``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 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 default relief against respondent Futian. In the 
declaration, complainant stated that it sought a limited exclusion 
order directed to all accused agricultural tractors, lawn tractors, and 
riding lawn mowers and components thereof made or imported into the 
United States by or for respondent Futian or any affiliated company, 
and that it also sought a cease and desist order directed to respondent 
Futian and its U.S. affiliates or agents. Complainant further stated 
that it did not seek a general exclusion order.
    On April 8, 2003, the ALJ issued an ID (Order No. 10) terminating 
the investigation as to respondent Northwest based on a consent order. 
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 [the ID] 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.'' Order No. 10 
at 5. No petitions for review of the ID were filed. On May 2, 2003, the 
Commission issued a notice stating that the Commission had determined 
not to review the ALJ's ID and requesting briefing on the issues of 
remedy, the public interest, and bonding. 68 FR 23,497.
    On May 16, 2003, the Commission investigative attorney (``IA'') 
submitted his brief on remedy, the public interest, and bonding. On the 
same day, complainant requested that the Commission consider 
complainant's April 2, 2003, declaration seeking immediate entry of 
default relief as complainant's submission on the issues of remedy, the 
public interest, and bonding. On May 23, 2003, complainant and the IA 
filed reply briefs. On May 27, 2003, complainant filed a motion for 
leave to file a sur-reply in response to the IA's reply submission. On 
May 29, 2003, the IA filed a motion for leave to comment on 
complainant's reply submission. No briefs were filed by any other 
person or government agency.
    The Commission determined to grant the motions for leave. The 
Commission found that each of the statutory requirements of section 
337(g)(1)(A)-(E), 19 U.S.C. 1337(g)(1)(A)-(E), has been met with 
respect to defaulting respondent Futian. Accordingly, pursuant to 
section 337(g)(l), 19 U.S.C. 1337(g)(l), and Commission rule 210.16(c), 
19 CFR 210.16(c), the Commission presumed the facts alleged in the 
complaint to be true. The Commission determined that the appropriate 
form of relief in this investigation is a limited exclusion order 
prohibiting the unlicensed entry of agricultural tractors, lawn 
tractors, riding lawnmowers, and components thereof that infringe New 
Holland's trade dress as described in the complaint that are 
manufactured abroad by or on behalf of, or imported by or on behalf of, 
Futian. The Commission declined to infer that the defaulting foreign 
respondent Futian maintains commercially significant inventory in the 
United States and, consequently, determined not to issue a cease and 
desist order. The Commission further determined that the public 
interest factors enumerated in section 337(g)(1), 19 U.S.C. 1337(g)(1), 
do not preclude issuance of the limited exclusion order. Finally, the 
Commission determined that the bond under the limited exclusion order 
during the Presidential review period shall be in the amount of 100 
percent of the entered value of the imported articles.
    This action is taken under the authority of section 337 of the 
Tariff Act of 1930, 19 U.S.C. 1337, and section 210.16(c) of the 
Commission's rules of practice and procedure, 19 CFR 210.16(c).

    By order of the Commission.

    Issued: July 1, 2003.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 03-17194 Filed 7-7-03; 8:45 am]
BILLING CODE 7020-02-P