[Federal Register Volume 70, Number 17 (Thursday, January 27, 2005)]
[Notices]
[Page 3943]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-1486]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-494]


In the Matter of Certain Automotive Measuring Devices, Products 
Containing Same, and Bezels for Such Devices; Notice of Issuance of a 
Limited Exclusion Order and a Cease and Desist Order

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 issued a limited exclusion order and a cease and desist 
order in the above-captioned investigation.

FOR FURTHER INFORMATION CONTACT: Michael Liberman, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street, 
SW., Washington, DC 20436, telephone 202-205-3115. Copies of the public 
version of the IDs and all 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. Hearing-
impaired persons are advised that information on this matter can be 
obtained by contacting the Commission's TDD terminal on 202-205-1810. 
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.

SUPPLEMENTARY INFORMATION: The Commission instituted this investigation 
on June 20, 2003, based on a complaint filed by Auto Meter Products, 
Inc. (``Auto Meter'') of Sycamore, Illinois. 68 FR 37023. The complaint 
alleged violations of section 337 of the Tariff Act of 1930 in the 
importation and sale of certain automotive measuring devices, products 
containing same, and bezels for such devices, by reason of infringement 
of U.S. Registered Trademark Nos. 1,732,643 and 1,497,472, and U.S. 
Supplemental Register No. 1,903,908, and infringement of the 
complainant's trade dress. The complaint alleged that twelve 
respondents violated section 337. Subsequently, seven more firms were 
added as respondents. 68 FR 75280 (Dec 30, 2003); 69 FR 2732 (January 
20, 2004).
    The investigation was terminated as to all respondents on the basis 
of consent orders and/or settlement agreements except as to the 
following five respondents who have been found in default: Tenzo R, dba 
Autotech Systems and Accessories, of Santa Clarita, California 
(``Tenzo''); Auto Gauge Co., Ltd., of Taipei, Taiwan (``AGT''); Dynamik 
Exhaust Industry Co., Ltd., of Taipei, Taiwan (``Dynamik''); Modern 
Work, Inc. of Taipei, Taiwan (``Modern Work''), and LPL Trans Trade Co. 
of Taipei, Taiwan (``LPL'') (collectively, ``defaulting respondents'').
    Having determined that a violation of section 337 has occurred, and 
having reviewed the record in this investigation, including the written 
submissions of the parties, the Commission has made its determination 
on the issues of remedy, the public interest, and bonding. The 
Commission has determined that the appropriate form of relief is (1) a 
limited exclusion order prohibiting the unlicensed entry of automotive 
measuring devices and products containing same, and bezels for such 
devices, that misappropriate Auto Meter's trade dresses and infringe 
its trademarks and that are manufactured abroad by or on behalf of, or 
imported by or on behalf of, the defaulting respondents; and (2) a 
cease and desist order directed to the U.S. respondent Tenzo. 
Specifically, the limited exclusion order prohibits the above described 
importation by respondents AGT and Dynamik with respect to the Logo 
Trademark, the Auto Gage Trademark, the Super Bezel trademark and trade 
dress, and the Monster Tachometer trade dress. The limited exclusion 
order prohibits such importation by respondent Tenzo with respect to 
the Super Bezel and Monster Tachometer trade dresses. It also prohibits 
such importation by respondent Modern Work with respect to the Monster 
Tachometer trade dress, and by respondent LPL with respect to the Super 
Bezel trade dress. The cease and desist order mandates that the U.S. 
respondent Tenzo cease and desist from conducting any of the following 
activities in the United States: importing, selling, advertising, 
distributing, marketing, consigning, transferring (except for 
exportation), offering for sale in the United States, and soliciting 
U.S. agents or distributors for certain automotive measuring devices 
and products containing same, and bezels for such devices, in violation 
of section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337.
    The Commission has further determined that the public interest 
factors enumerated in section 337(g)(1), 19 U.S.C. 1337(g)(1), do not 
preclude issuance of the limited exclusion order and the cease and 
desist order, and that the bond during the Presidential review period 
shall be in the amount of 100 percent of the entered value of the 
imported articles.
    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 210.16 of the Commission's Rules of Practice and Procedure 
(19 CFR 210.16).

    Issued: January 24, 2005.

    By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 05-1486 Filed 1-26-05; 8:45 am]
BILLING CODE 7020-02-P