[Federal Register Volume 69, Number 98 (Thursday, May 20, 2004)]
[Notices]
[Pages 29145-29146]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-11388]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-487]


In the Matter of Certain Agricultural Vehicles and Components 
Thereof; Notice of Issuance of General Exclusion Order, Limited 
Exclusion Orders, and Cease and Desist Orders; Termination of the 
Investigation

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 issue a general exclusion order, two 
limited exclusion orders, and cease and desist orders in the above-
captioned investigation. The investigation is terminated.

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 presiding administrative law judge 
(``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 petitioned for review of the ID. 
Complainant and the Commission investigative attorney (``IA'') 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.
    On March 30, 2004, the Commission issued notice that it had decided 
not to review the ID and set a schedule for written submissions on 
remedy, the public interest, and bonding. Complainant, respondents, and 
the IA timely filed such submissions.
    Having examined the relevant portions of the record in this 
investigation, including the ALJ's recommended determination, the 
written submissions on remedy, public interest, and bonding, and the 
replies thereto, the Commission determined to issue (1) a general 
exclusion order prohibiting the unlicensed entry for consumption of 
European version self-propelled forage harvesters manufactured by or 
under the authority of Deere & Co. which infringe any of the asserted 
trademarks, (2) a limited exclusion order prohibiting the unlicensed 
entry for consumption of European version telehandlers manufactured by 
or under the authority of Deere & Co. which infringe any of the 
asserted trademarks, (3) a limited exclusion order prohibiting the 
unlicensed entry for consumption of agricultural tractors which 
infringe one or more of U.S. Registered Trademarks Nos. 1,254,339; 
1,502,103; and 1,503,576, (4) cease and desist orders to

[[Page 29146]]

certain respondents prohibiting activities concerning the importation 
and sale of European version self-propelled forage harvesters 
manufactured by or under the authority of Deere & Co. which would 
constitute infringement of any of the asserted trademarks, (5) cease 
and desist orders to certain respondents prohibiting activities 
concerning the importation and sale of agricultural tractors which 
would constitute infringement of one or more of U.S. Registered 
Trademarks Nos. 1,254,339; 1,502,103; and 1,503,576.
    The Commission also determined that the public interest factors 
enumerated in section 337(d) do not preclude the issuance of the 
aforementioned remedial orders and that the bond during the 
Presidential review period shall be 90 percent of the entered value of 
the articles in question.
    This action is taken under the authority of section 337 of the 
Tariff Act of 1930, 19 U.S.C. 1337, the Administrative Procedure Act, 
and sections 210.41-51 of the Commission's Rules of Practice and 
Procedure, 19 CFR 210.41-51.

    Issued: May 14, 2004.

    By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 04-11388 Filed 5-19-04; 8:45 am]
BILLING CODE 7020-02-P