[Federal Register Volume 69, Number 65 (Monday, April 5, 2004)]
[Notices]
[Pages 17707-17708]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-7571]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-487]


Certain Agricultural Vehicles and Components Thereof; Notice of 
Commission Decision Not To Review an Initial Determination Finding a 
Violation of Section 337; Schedule for Written 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 decided not to review the presiding administrative law 
judge's (``ALJ's'') final initial determination (``ID'') finding a 
violation of section 337 of the Tariff Act of 1930 in the above-
captioned investigation.

FOR FURTHER INFORMATION CONTACT: Wayne Herrington, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street, 
SW., Washington, DC 20436, telephone (202) 205-3090. 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 13, 2003, based on a complaint filed by Deere & Company 
(``Deere'') of Moline, Illinois. 68 FR 7388 (February 13, 2003). 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 agricultural vehicles and components thereof by reason of 
infringement and dilution of U.S. Registered Trademarks Nos. 1,254,339; 
1,502,103; 1,503,576; and 91,860.
    On August 27, 2003, the Commission issued notice that it had 
determined not to review Order No. 14, granting complainant's motion to 
amend the complaint and notice of investigation to add U.S. Trademark 
Registration No. 2,729,766.
    On November 14, 2003, the Commission issued notice that it had 
determined not to review Order No. 29, granting complainant's motion 
for summary determination that complainant had met the technical prong 
of the domestic industry requirement.
    Twenty-four respondents were named in the Commission's notice of 
investigation. Several of these have been terminated from the 
investigation on the basis of consent orders. Several other respondents 
have been found to be in default.
    On January 13, 2004, the ALJ issued his final initial determination 
(``ID'') finding a violation of section 337. He also recommended the 
issuance of remedial orders. Two groups of respondents have petitioned 
for review of the ID. Complainant and the Commission investigative 
attorney filed oppositions to those petitions.
    On February 18, 2004, the Commission issued notice that it had 
decided to extend the time to determine whether to review the ID to 
March 29, 2004, and to extend the target date for completing the 
investigation to May 13, 2004.
    Having examined the record in this investigation, including the 
ALJ's final ID, the petitions for review, and the oppositions thereto, 
the Commission has determined not to review the final ID.
    In connection with the final disposition of this investigation, the 
Commission may (1) issue an order that could result in the exclusion of 
the subject articles from entry into the United States, and/or (2) 
issue one or more cease and desist orders that could result in 
respondents being required to cease and desist from engaging in unfair 
acts in the importation and sale of such articles. Accordingly, the 
Commission is interested in receiving written submissions that address 
the form of remedy, if any, that should be ordered. If a party seeks 
exclusion of an article from entry into the United States for purposes 
other than entry for consumption, the party 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 In the Matter of 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 include the effect that an 
exclusion order and/or cease and desist 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.

[[Page 17708]]

    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: Parties to the investigation, interested 
government agencies, and any other interested parties are encouraged to 
file written submissions on the issues of remedy, the public interest, 
and bonding. Such submissions should address the January 13, 2004, 
recommended determination by the ALJ on remedy and bonding. Complainant 
and the Commission investigative attorney are also requested to submit 
proposed remedial orders for the Commission's consideration. The 
written submissions and proposed remedial orders must be filed no later 
than close of business on April 12, 2004. Reply submissions must be 
filed no later than the close of business on April 19, 2004. No further 
submissions will be permitted unless otherwise ordered by the 
Commission.
    Persons filing written submissions must file the original document 
and 12 true copies thereof on or before the deadlines stated above with 
the Office of the Secretary. 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.
    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 Sec. Sec.  210.43-210.44 of the Commission's Rules of Practice and 
Procedure (19 CFR 210.43-210.44).

    Issued: March 30, 2004.

    By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 04-7571 Filed 4-2-04; 8:45 am]
BILLING CODE 7020-02-P