[Federal Register Volume 70, Number 39 (Tuesday, March 1, 2005)]
[Notices]
[Pages 9968-9969]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-3905]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-486 Enforcement Proceedings]


Certain Agricultural Tractors, Lawn Tractors, Riding Lawnmowers, 
and Components Thereof; Notice of a Commission Determination Not To 
Review an Initial Determination Finding Two Respondents in Default

AGENCY: International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined not to review an initial determination (ID) 
of the presiding administrative law judge (ALJ) in the above-captioned 
investigation finding two respondents, Beiqi Foton Motor Co., Ltd. and 
Shandong Worldbest Shantou Co., Ltd., in default, and to have waived 
their respective rights to appear, to be served with documents, and to 
contest the allegations at issue in the investigation.

FOR FURTHER INFORMATION CONTACT: Michael K. Haldenstein, Esq., 
telephone 202-205-3041, Office of the General Counsel, U.S. 
International Trade Commission, 500 E Street, SW., Washington, DC 
20436. Copies of 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. 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 the matter can be obtained by contacting 
the Commission's TDD terminal on 202-205-1810.

SUPPLEMENTARY INFORMATION: On August, 2, 2004, the complainant, CNH 
America LLC, filed a complaint seeking enforcement proceedings of the 
limited exclusion order issued in Certain Agricultural Tractors, Inv. 
No. 337-TA-486. The complainant asserted that the recipient of the 
limited order, now known as Beiqi Foton Motor Co., Ltd., continues to 
export infringing tractors to the United States. Complainant also 
requested that the Commission modify the limited exclusion order by 
replacing it with a general exclusion order and various cease and 
desist orders in order to prevent alleged circumvention of the limited 
exclusion order.
    On November 19, 2004, the Commission instituted formal enforcement 
proceedings to determine whether Beiqi Foton Motor Co. Ltd. and 
Shandong Worldbest Shantou Co., Ltd., an allegedly related company, are 
in violation of the Commission's limited exclusion order issued in the 
investigation, and what if any enforcement measures are appropriate. 
The Commission set a seven-month deadline for issuance of the 
enforcement initial determination by the ALJ and named the following 
entities as parties to the enforcement proceeding: (1) Complainant CNH 
America LLC; (2) respondent Beiqi Foton Motor Co., Ltd.; (3) respondent 
Shandong Worldbest Shantou Co., Ltd.; and (4) a Commission 
investigative attorney (IA) to be designated by OUII. 69 FR 67757 (Nov. 
19, 2004). The Commission subsequently set a target date of November 
21, 2005 for completion of the investigation.
    The complaint was mailed to the two respondents on November 17, 
2004, and they were notified in the letter accompanying the complaint 
that they could be found in default if they failed to respond. When 
they did not respond, the ALJ issued a show cause order (Order 1E) on 
December 29, 2004, which required the two respondents to show cause why 
they should not be found in default. A deadline of January 18, 2005, 
was set for the respondents to respond to that order. While respondents 
did not respond to the show cause order, complainant and the IA 
responded on January 18, 2005, and urged the ALJ to find the two 
respondents in default.
    The ALJ issued the subject ID (Order 2E) on February 4, 2005. The 
ALJ found in the ID that the two respondents did

[[Page 9969]]

not respond to the complaint, notice of investigation, or the order to 
show cause. Consequently, the ALJ found the respondents in default, and 
pursuant to Commission Rule 210.16(b)(3), to have waived their right to 
appear, be served with documents, or contest the allegations in the 
enforcement complaint. The ALJ also ordered the complainant to file a 
brief by February 23, 2005, addressing the appropriate enforcement 
remedy. The ALJ indicated that the IA should file a response to 
complainant's brief by March 4, 2005. No petitions for review of the 
subject ID were filed.
    This action is taken under the authority of Sec.  337 of the Tariff 
Act of 1930, as amended (19 U.S.C. 1337), and Sec.  210.42 of the 
Commission's Rules of Practice and Procedure (19 CFR 210.42).

    Issued: February 23, 2005.

    By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 05-3905 Filed 2-28-05; 8:45 am]
BILLING CODE 7020-02-P