[Federal Register Volume 69, Number 248 (Tuesday, December 28, 2004)]
[Notices]
[Pages 77776-77777]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-28337]
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INTERNATIONAL TRADE COMMISSION
[Inv. No. 337-TA-500]
In the Matter of Certain Purple Protective Gloves; Notice of
Issuance of General Exclusion Order and 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 in the
above-captioned investigation and has terminated the investigation.
[[Page 77777]]
FOR FURTHER INFORMATION CONTACT: Michael Diehl, Esq., Office of the
General Counsel, U.S. International Trade Commission, 500 E Street,
SW., Washington, DC 20436, telephone 202-205-3095. Copies of
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 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 the matter can
be obtained by contacting the Commission's TDD terminal on 202-205-
1810.
SUPPLEMENTARY INFORMATION: This trademark-based section 337
investigation was instituted by the Commission based on a complaint
filed by Kimberly-Clark Corporation of Irving, Texas and Safeskin
Corporation of Roswell, Georgia (collectively ``K-C/Safeskin''). 68 FR
66491 (Nov. 26, 2003). K-C/Safeskin alleged violations of section 337
of the Tariff Act of 1930 in the importation and sale of certain purple
protective gloves by reason of infringement of U.S. Registered
Trademark Nos. 2,596,539, 2,533,260, and 2,593,382.
Six of the seven respondents named in the complaint entered into
settlement agreements with K-C/Safeskin. On May 24, 2004, the
administrative law judge (``ALJ'') issued an initial determination
(``ID'') (Order No. 15) terminating the investigation as to Latexx
Partners Berhad and Medtexx Partners on the basis of a confidential
settlement agreement. On June 1, 2004, the ALJ issued another ID (Order
No. 16), terminating the investigation as to The Delta Group; Delta
Hospital Supply, Inc.; Delta Medical Systems, Inc.; and Delta Medical
Supply Group, Inc. on the basis of a settlement agreement and a consent
order. The Commission determined not to review the IDs on June 22,
2004.
The seventh respondent--Dash Medical Gloves, Inc. (``Dash'')--
failed to file a timely response to the complaint and notice of
investigation. Dash filed a motion for termination of the investigation
as to it by entry of a consent order. Subsequently, in response to an
order to show cause why it should not be held in default, Dash withdrew
its request for termination by entry of consent and indicated that it
``will not oppose entry of a Default in this matter.'' On May 24, 2004,
the ALJ issued an ID (Order No. 14) finding Dash in default pursuant to
Commission rule 210.16(a)(1). The Commission determined not to review
the ID on June 22, 2004.
On September 23, 2004, the ALJ issued an ID (Order No. 17) finding
``substantial, reliable, and probative evidence'' of a violation of
section 337 by reason of Dash's importation and sale of the accused
gloves and the existence of a domestic industry. No party petitioned
for review of the ID. The ALJ recommended the issuance of a general
exclusion order, and that the bond permitting temporary importation
during the Presidential review period be set at 100 percent of the
value of the infringing imported product. On October 19, 2004, the
Commission determined not to review this ID, and issued a notice
seeking comments on remedy, the public interest, and bonding. K-C/
Safeskin and the Commission investigative attorney (``IA'') supported
the recommendations of the ALJ in briefs filed on November 12, 2004.
The IA filed a reply on November 19, 2004.
Having examined the relevant portions of the record in this
investigation, including the ALJ's recommended determination, and the
written submissions on remedy, the public interest, and bonding, the
Commission determined to issue a general exclusion order prohibiting
unlicensed entry for consumption of purple protective gloves that
infringe U.S. Registered Trademarks Nos. 2,596,539, 2,533,260, or
2,593,382. The Commission also determined that the public interest
factors enumerated in section 337(d) do not preclude the issuance of
the aforementioned remedial order and that the bond during the
Presidential review period shall be 100 percent of the entered value of
the articles in question. (The Commission's order was delivered to the
President on the day of its issuance.)
This action is taken under the authority of section 337 of the
Tariff Act of 1930 (19 U.S.C. 1337(d)(2)), and sections 210.41 and
210.50 of the Commission's Rules of Practice and Procedure, (19 CFR
210.41 and 210.50).
By order of the Commission.
Issued: December 22, 2004.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 04-28337 Filed 12-27-04; 8:45 am]
BILLING CODE 7020-02-P