[Federal Register Volume 71, Number 122 (Monday, June 26, 2006)]
[Notices]
[Pages 36357-36358]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-9973]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-487]


In the Matter of Certain Agricultural Vehicles and Components 
Thereof; Remand of Investigation to Presiding Administrative Law Judge; 
Rescission of General Exclusion Order and Certain Cease and Desist 
Orders

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 remand the above-captioned investigation 
to the presiding administrative law judge (``ALJ'') for proceedings 
consistent with the March 30, 2006, judgment of the U.S. Court of 
Appeals for the Federal Circuit in Bourdeau Bros., Inc. v. 
International Trade Commission, 444 F.3d 1317 (Fed. Cir. 2006). The 
Commission has also determined to rescind the general exclusion order 
and certain cease and desist orders issued in the investigation.

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 
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 were terminated from the investigation 
on the basis of consent orders. Several other respondents were found to 
be in default.
    On January 13, 2004, 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 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.
    After consideration of 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 respondents 
Davey-Joans Tractor & Chopper Supermarket, Bourdeau Bros., Co-Ag LLC, J 
& T Farms, OK Enterprises, and Stanley Farms, 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, 
and (5) cease and desist orders to respondents SamTrac Tractor & 
Equipment, Pacific Avenue Equipment, Task Master Equipment LLC/Tractors 
Etc., China America Imports, and Lenar Equipment, LLC 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) did not preclude the issuance of the 
aforementioned remedial orders and that the bond during the 
Presidential review period should be 90 percent of the entered value of 
the articles in question.
    On September 14, 2004, certain respondents, including Bourdeau 
Bros., Sunova Implement Co., and OK Enterprises appealed the 
Commission's final determination to the U.S. Court of Appeals for the 
Federal Circuit (``Federal Circuit''). On March 30, 2006, the Federal 
Circuit issued its decision in

[[Page 36358]]

the appeal, vacating and remanding the Commission's final determination 
as it related to Deere European version self-propelled forage 
harvesters. Bourdeau Bros. Inc. v. International Trade Commission, 444 
F.3d 1317 (Fed. Cir. 2006). The Court issued its mandate on May 22, 
2006.
    Upon consideration of this matter, the Commission has determined to 
(1) rescind the general exclusion order relating to Deere European 
version self-propelled forage harvesters issued in this investigation 
on May 14, 2004, and (2) rescind the cease and desist orders relating 
to Deere European version self-propelled forage harvesters issued in 
this investigation on May 14, 2004, and directed to Davey-Joans Tractor 
& Chopper Supermarket, Bourdeau Bros., Co-Ag LLC, J & T Farms, OK 
Enterprises, and Stanley Farms. The remaining remedial orders issued in 
this investigation remain in force. The Commission has also determined 
to remand the investigation to the presiding administrative law judge 
for proceedings consistent with the March 30, 2006, judgment of the 
Federal Circuit in Bourdeau Bros., Inc. v. International Trade 
Commission, 444 F.3d 1317 (Fed. Cir. 2006), including the issuance of a 
final initial determination on violation with respect to the subject 
gray market imports of Deere European version self-propelled forage 
harvesters.
    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 part 210 of the Commission's Rules of Practice and Procedure, 19 
CFR part 210.

    Issued: June 20, 2006.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E6-9973 Filed 6-23-06; 8:45 am]
BILLING CODE 7020-02-P