[Federal Register Volume 71, Number 172 (Wednesday, September 6, 2006)]
[Notices]
[Pages 52577-52578]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-14714]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-582]


In the Matter of Certain Hydraulic Excavators and Components 
Thereof; Notice of Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Institution of investigation pursuant to 19 U.S.C. 1337.

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SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on August 1, 2006, under section 
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
Caterpillar, Inc. of Peoria, Illinois. A letter supplementing the 
complaint was filed on August 23, 2006. The complaint alleges 
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 hydraulic excavators and components thereof by 
reason of infringement of U.S. Trademark Registration No. 2,140,606, 
U.S. Trademark Registration No. 2,421,077, U.S. Trademark Registration 
No. 2,140,605, and U.S. Trademark Registration No. 2,448,848. The 
complaint further alleges that an industry in the United States exists 
as required by subsection (a)(2) of section 337.
    The complainant requests that the Commission institute an 
investigation and, after the investigation, issue a permanent exclusion 
order and a permanent cease and desist order.

ADDRESSES: The complaint, except for any confidential information 
contained therein, is 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., Room 112, 
Washington, DC 20436, telephone 202-205-2000. Hearing impaired 
individuals are advised that information on this matter can be obtained 
by contacting the Commission's TDD terminal on 202-205-1810. Persons 
with mobility impairments who will need special assistance in gaining 
access to the Commission should contact the Office of the Secretary at 
202-205-2000. General information concerning the Commission may also be 
obtained by accessing its Internet server at http://www.usitc.gov. The 
public record for this investigation may be viewed on the Commission's 
electronic docket (EDIS) at http://www.edis.usitc.gov.

FOR FURTHER INFORMATION CONTACT: Rett Snotherly, Office of Unfair 
Import Investigations, U.S. International Trade Commission, telephone 
(202) 205-2599.

    Authority: The authority for institution of this investigation 
is contained in section 337 of the Tariff Act of 1930, as amended, 
and in section 210.10 of the Commission's Rules of Practice and 
Procedure, 19 CFR 210.10 (2006).

    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on August 29, 2006, ordered that--
    (1) Pursuant to subsection (b) of section 337 of the Tariff Act of 
1930, as amended, an investigation be instituted to determine whether 
there is a violation of subsection (a)(1)(C) of section 337 in the 
importation into the United States, the sale for importation, or the 
sale within the United States after importation of certain hydraulic 
excavators or components thereof by reason of infringement of U.S. 
Trademark Registration No. 2,140,606, U.S. Trademark Registration No. 
2,421,077, U.S. Trademark Registration No. 2,140,605, or U.S. Trademark 
Registration No. 2,448,848, and whether an industry in the United 
States exists as required by subsection (a)(2) of section 337;
    (2) For the purpose of the investigation so instituted, the 
following are hereby named as parties upon which this notice of 
investigation shall be served:
    (a) The complainant is--

Caterpillar, Inc., 100 N.E. Adams Street, Peoria, Illinois 61629-7310.

    (b) The respondents are the following entities alleged to be in 
violation of section 337, and are the parties upon which the complaint 
is to be served:

Alex Lyon & Son Sales Managers and Auctioneers, Inc., 5100 Highbridge 
Road, Fayetteville, NY 13066.
Barkley Industries, LLC, 13309 West Palo Verde Dr., PO Box 579, 
Litchfield Park, AZ 85340.
Deanco Auction Company of Mississippi, Inc., 1042 Holland Avenue, PO 
Box 1248, Philadelphia, MS 39350.
Dom-Ex, Inc., 109 Grant Street, Hibbing, MN 55746.
Frontera Equipment Sales, 2300 East Expressway 83 N, Donna, TX 78537.
Hoss Equipment Co., Inc., 3131 N. Hwy. 161, Irving, TX 78537.
Key Equipment, LLC (subsidiary of) C.W. Purpero, Inc. 5770 South 13th 
St., Milwaukee, WI 53221.
Kuhn Equipment Sales Co., Inc., 1050 Drop Off Drive, Summerville, SC 
29483.
MMS Equipment Sales L.L.C., 31 North Madison Drive, Three Way, TN 
38343.
Musselman Construction Co., dba, Musselman Rentals and Sales, 16915 
Hatwai Bypass, Lewistown, Idaho 83501.
Pacific Rim Machinery, Inc., 3023 17th Avenue Ct., NW., Gig Harbor, WA 
98335.
Petrowsky Auctioneers, Inc., 275 Route 32, North Franklin, CT 06254.
Prima International Trading, 7000 Highbridge Road, Fayetteville, NY 
13066.
Ritchie Bros. Auctioneers Inc., 6500 River Road, Richmond, BC V6X 4G5, 
Vancouver, British Columbia, Canada.
Ritchie Bros. Auctioneers (America) Inc., 3901 Faulkner Drive, P.O. Box 
6429, Lincoln, NE 68506-0429.
Southwestern Machinery of Florida, Inc., 645 SW Palmetto Cove, P.O. Box 
880037, Port St. Lucie, FL 34986.
Tractorland Equipment Company, Inc., 21921 Alessandro Blvd., Moreno 
Valley, CA 92553.
United Equipment Company, Inc., 600 W. Glenwood, Turlock, CA 95380-
6232.
World Tractor & Equipment Company, LLC, 10600 Nations Ford Road, 
Charlotte, NC 28273.
Worldwide Machinery, Inc., 16031 I-10 East Freeway, Houston, TX 77530.

[[Page 52578]]

Yoder & Frey Auctioneers, 1670 Commerce Rd., Holland, OH 43528.

    (c) The Commission investigative attorney, party to this 
investigation, is Rett Snotherly, Esq., Office of Unfair Import 
Investigations, U.S. International Trade Commission, 500 E Street, SW., 
Suite 401, Washington, DC 20436; and
    (3) For the investigation so instituted, the Honorable Robert L. 
Barton, Jr. is designated as the presiding administrative law judge.
    Responses to the complaint and the notice of investigation must be 
submitted by the named respondents in accordance with section 210.13 of 
the Commission's Rules of Practice and Procedure, 19 CFR 210.13. 
Pursuant to 19 CFR 201.16(d) and 210.13(a), such responses will be 
considered by the Commission if received not later than 20 days after 
the date of service by the Commission of the complaint and the notice 
of investigation. Extensions of time for submitting responses to the 
complaint and the notice of investigation will not be granted unless 
good cause therefor is shown.
    Failure of a respondent to file a timely response to each 
allegation in the complaint and in this notice may be deemed to 
constitute a waiver of the right to appear and contest the allegations 
of the complaint and this notice, and to authorize the administrative 
law judge and the Commission, without further notice to the respondent, 
to find the facts to be as alleged in the complaint and this notice and 
to enter an initial determination and a final determination containing 
such findings, and may result in the issuance of a limited exclusion 
order or cease and desist order or both directed against the 
respondent.

    By order of the Commission.

    Issued: August 31, 2006.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E6-14714 Filed 9-5-06; 8:45 am]
BILLING CODE 7020-02-P