[Federal Register Volume 70, Number 176 (Tuesday, September 13, 2005)]
[Notices]
[Pages 54079-54080]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-18139]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-522]


In the Matter of Certain Ink Markers and Packaging Thereof; 
Notice of Commission Decision Not To Review an Initial Determination 
Finding a Violation of Section 337; Schedule for Written Submissions on 
Remedy, Bonding, and the Public Interest

AGENCY: International Trade Commission (ITA).

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'') (Order No. 30) issued by the presiding administrative law 
judge (``ALJ'') finding a violation of section 337 in the above-
captioned investigation. The Commission has set forth a schedule for 
submitting written submissions on the issues of remedy, bonding, and 
the public interest.

FOR FURTHER INFORMATION CONTACT: Jean H. Jackson, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street, 
SW., Washington, DC 20436, telephone (202) 205-3095. 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 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 Sanford, L.P. of Freeport, Illinois (``Sanford'' or 
``complainant''). 69 FR 52029 (August 24, 2004). The complaint, as 
supplemented, alleged violations of section 337 in the importation into 
the United States, the sale for importation, and the sale within the 
United States after importation of certain ink markers and packaging 
thereof by reason of infringement of U.S. Trademark Registration Nos. 
807,818 and 2,721,523 and also by reason of infringement of trade 
dress. The notice of investigation identified 12 respondents. On 
November 10, 2004, the ALJ granted a motion to add three respondents to 
the investigation. The Commission determined not to review the ID. 69 
FR 75342 (December 16, 2004). Each respondent was accused of violating 
Section 337 by infringing Sanford's trade dress. Certain respondents 
were also accused of infringing one or more of complainant's registered 
trademarks.
    Between November 15, 2004, and June 1, 2005, the ALJ issued several 
IDs terminating various respondents on the basis of settlement 
agreements or consent orders. During that time period other IDs were 
issued finding several other respondents in default. No petitions for 
review of any of these IDs were filed, and the Commission determined 
not to review any of them, thereby allowing them to become the 
Commission's determinations.
    On April 19, 2005, Sanford filed a motion seeking a summary 
determination of violation and issuance of a general exclusion order 
and a cease and desist order. On July 25, 2005, the ALJ issued Order 
No. 30, an initial determination (ID) finding violations of Section 337 
and recommending a general exclusion order and a cease and desist 
order. The ALJ also recommended the issuance of a general exclusion 
order. He further recommended 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 August 5, 2005, Sanford filed a petition for review of one 
aspect of Order No. 30. Specifically, Sanford sought review of the ID's 
finding that complainant had failed to show importation with respect to 
defaulted respondent LiShui Laike Pen Co., Ltd. (``LiShui Laike''). The 
Commission investigative attorney (IA) opposed Sanford's petition for 
review. On August 25, 2005, complainant filed a motion for leave to 
file a reply to the IA's petition for review. The Commission has 
determined to deny that motion.
    The Commission has determined not to review Order No. 30, thereby 
allowing it to become the Commission's final determination.
    In connection with the final disposition of this investigation, the 
Commission may issue an order that could result in the exclusion of the 
subject articles from entry into the United States. Accordingly, the 
Commission is interested in receiving written submissions that address 
the form of remedy, if any, that should be

[[Page 54080]]

ordered. If a party seeks exclusion of an article from entry into the 
United States for purposes other than entry for consumption, it should 
so indicate and provide information establishing that activities 
involving other types of entry are either adversely affecting it, or 
are likely to do so. For background, see In the Matter of Certain 
Devices for Connecting Computers via Telephone Lines, Inv. No. 337-TA-
360, USITC Pub. No. 2843 (December 1994) (Commission Opinion).
    When the Commission contemplates some form of remedy, it must 
consider the effects of that remedy upon the public interest. The 
factors the Commission will consider in this investigation include the 
effect that an exclusion order would have on (1) the public health and 
welfare, (2) competitive conditions in the U.S. economy, (3) U.S. 
production of articles that are like or directly competitive with those 
that are subject to investigation, and (4) U.S. consumers. The 
Commission is therefore interested in receiving written submissions 
that address the aforementioned public interest factors in the context 
of this investigation.
    If the Commission orders some form of remedy, the President has 60 
days to approve or disapprove the Commission's action. During this 
period, the subject articles would be entitled to enter the United 
States under a bond, in an amount determined by the Commission and 
prescribed by the Secretary of the Treasury. The Commission is 
therefore interested in receiving submissions concerning the amount of 
the bond that should be imposed.
    Written Submissions: The parties to the investigation, interested 
government agencies, and any other interested parties are encouraged to 
file written submissions on remedy, the public interest, and bonding. 
Such submissions should address the ALJ's July 25, 2005, recommended 
determinations on the issues of remedy and bonding. Complainant and the 
Commission's investigative attorney are also requested to submit 
proposed orders for the Commission's consideration. Complainant is 
further requested to state the HTSUS numbers under which the infringing 
goods are imported. Main written submissions and proposed orders must 
be filed no later than close of business on September 16, 2005. Reply 
submissions, if any, must be filed no later than the close of business 
on September 23, 2005. No further submissions on these issues will be 
permitted unless otherwise ordered by the Commission.
    Persons filing written submissions must file with the Office of the 
Secretary the original document and 14 true copies thereof on or before 
the deadlines stated above. Any person desiring to submit a document 
(or portion thereof) to the Commission in confidence must request 
confidential treatment unless the information has already been granted 
such treatment during the proceedings. All such requests should be 
directed to the Secretary of the Commission and must include a full 
statement of the reasons that the Commission should grant such 
treatment. See section 201.6 of the Commission's Rules of Practice and 
Procedure, 19 CFR 201.6. Documents for which confidential treatment by 
the Commission is sought will be treated accordingly. All 
nonconfidential written submissions will be available for public 
inspection at the Office of the Secretary.
    This action is taken under the authority of section 337 of the 
Tariff Act of 1930, 19 U.S.C. 1337, and sections 210.42 and 210.50 of 
the Commission's Rules of Practice and Procedure, 19 CFR 210.42 and 
210.50.

    Issued: September 8, 2005.

    By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 05-18139 Filed 9-12-05; 8:45 am]
BILLING CODE 7020-02-P