[Federal Register Volume 68, Number 154 (Monday, August 11, 2003)]
[Notices]
[Pages 47606-47607]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-20386]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-469]


In the Matter of Certain Bearings and Packaging Thereof; Notice 
of Commission Determination To Remand Investigation to the 
Administrative Law Judge for Further Fact-Finding; Extension of Target 
Date for Completion of the Investigation

AGENCY: International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined to remand the above-referenced investigation 
to the presiding administrative law judge (ALJ) for further fact-
finding. The Commission has also determined to extend the target date 
in this investigation by six (6) months, i.e., until February 12, 2004.

FOR FURTHER INFORMATION CONTACT: Jean Jackson, 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 
Commission's

[[Page 47607]]

Order, the public version of the ALJ's initial determination (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 April 16, 2002, based on a complaint filed by SKF USA, Inc. (SKF 
USA) of Norristown, PA against fourteen respondents. 67 FR 18632 
(2002). Four respondents remain active in the investigation, with ten 
respondents having either settled with complainant or been found in 
default. The complaint, as supplemented, 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 bearings by reason of infringement of registered 
and common law trademarks, dilution of trademarks, various acts in 
violation of the Lanham Act, and passing off. A count concerning 
``unfair pecuniary benefits'' was dismissed by the Commission on 
September 23, 2002.
    On April 10, 2003, the ALJ issued his final ID on violation and his 
recommended determination on remedy and bonding. The ALJ found a 
violation of section 337 by reason of infringement of SKF USA's 
registered and common law trademarks by each of the four remaining 
respondents, viz., Bearings Limited, Bohls Bearing and Transmission 
Service, CST Bearing Company, and McGuire Bearings Company, and 
recommended the issuance of a general exclusion order and cease and 
desist orders to the respondents found in violation. All active parties 
remaining in the investigation, including the Commission investigative 
attorney, filed petitions for review on April 21, 2003, and replies to 
the petitions on April 28, 2003.
    On May 27, 2003, the Commission determined to review the ID in part 
and asked the parties to brief several questions relating to the issue 
of material differences in the context of trademark infringement by 
gray market goods. 68 FR 32766-7 (June 2, 2002). Responses to the 
Commission's questions were filed on June 6, 2003, by all parties 
remaining in the investigation. Replies to the responses were filed by 
the same parties on June 13, 2003. Having examined the parties' 
submissions and the record in this investigation, including the ALJ's 
final ID, the petitions for review, and the responses thereto, the 
Commission determined to remand the investigation to the ALJ for 
further fact-finding concerning the material differences between 
complainant's and respondents' bearings. In order to allow sufficient 
time for the further fact-finding, the Commission extended the target 
date for completion of the investigation by six month, i.e., until 
February 12, 2004.
    The authority for the Commission's determination is contained in 
section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and 
in sections 210.45 and 210.51 of the Commission's Rules of Practice and 
Procedure (19 CFR 210.45, 210.51).

    Issued: August 6, 2003.

    By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 03-20386 Filed 8-8-03; 8:45 am]
BILLING CODE 7020-02-P