[Federal Register Volume 69, Number 96 (Tuesday, May 18, 2004)]
[Notices]
[Pages 28155-28156]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-11190]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-469]


Certain Bearings and Packaging Thereof; Notice of Commission 
Determination To Reverse an Initial Determination of the Administrative 
Law Judge That Section 337 Has Been Violated; Termination of 
Investigation With a Finding of No Violation of Section 337

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined to reverse the presiding administrative law 
judge's finding of violation of section 337 of the Tariff Act of 1930, 
as amended, in the above-referenced investigation, and has terminated 
the investigation with a finding of no violation of section 337.

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) 205-3104. Copies of the 
Commission's Order, the public version of the ALJ's final 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 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 
ID, the petitions for review, and the responses thereto, the Commission 
determined on August 6, 2003, to remand the investigation to the ALJ 
for further fact finding concerning the material differences between

[[Page 28156]]

complainant's and respondents' bearings. In order to allow sufficient 
time for the further fact finding, the Commission extended the target 
date for completion until May 12, 2004. The ALJ issued his additional 
findings on December 30, 2003. The parties to the investigation filed 
comments on the additional findings on January 12, 2004, and response 
comments on January 20, 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 section 210.45(c) of the Commission's Rules of Practice and 
Procedure (19 CFR 210.45(c)).

    Issued: May 12, 2004.

    By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 04-11190 Filed 5-17-04; 8:45 am]
BILLING CODE 7020-02-P