[Federal Register Volume 72, Number 37 (Monday, February 26, 2007)]
[Notices]
[Pages 8399-8400]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-3139]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-487 (Remand)]


In the Matter of Certain Agricultural Vehicles and Components 
Thereof; Notice of Commission Decision To Review in Part the 
Administrative Law Judge's Initial Determination on Remand; Schedule 
for Written Submissions on the Issues Under Review

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 review in part the presiding 
administrative law judge's (``ALJ'') final initial determination on 
remand in the above-captioned investigation, including part of Order 
No. 55.

FOR FURTHER INFORMATION CONTACT: Jonathan Engler, Office of the General 
Counsel, U.S. International Trade Commission, 500 E Street, SW., 
Washington, DC 20436, telephone (202) 205-3112. Copies of non-
confidential 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 at 
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 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; 
1,502,576; 1,503,576, and 91,860.
    Twenty-four respondents were named in the Commission's notice of 
investigation. Most of the respondents were terminated from the 
investigation on the basis of consent orders, or found in default. Of 
the remaining respondents, Erntetechnik Franz Becker; Sunova Implement 
Company; Bourdeau Bros., Inc. and OK Enterprises (collectively, ``the 
Bourdeau respondents''); Fitzpatrick Farms; Stanley Farms; J&T Farms; 
and Co-Ag LLC (collectively, ``the Fitzpatrick Farms respondents''); 
and Agrideal participated in the investigation. On January 13, 2004, 
the ALJ issued his final initial determination (``ID'') finding a 
violation of section 337. He also recommended the issuance of remedial 
orders. The Bourdeau respondents and Fitzpatrick Farms respondents 
petitioned for review of the ID.
    On March 30, 2004, the Commission determined not to review the ID. 
The Commission then issued its final determination, together with a 
general exclusion order, two limited exclusion orders, and cease and 
desist orders, on May 14, 2004.
    The Bourdeau respondents appealed the Commission's final 
determination to the U.S. Court of Appeals for the Federal Circuit (the 
``Federal Circuit''). On March 30, 2006, the Federal Circuit vacated 
and remanded the Commission's final determination as it related to 
Deere European-version self-propelled forage harvesters. Bourdeau Bros. 
v. International Trade Commission, 444 F.3d 1317 (Fed. Cir. 2006).
    On June 20, 2006, the Commission issued notice that it had 
rescinded the general exclusion order and certain cease and desist 
orders, and had remanded the investigation to the presiding ALJ for 
proceedings consistent with the Federal Circuit's decision in Bourdeau. 
The ALJ issued his final ID on remand (``Remand ID'') on December 20, 
2006. He found that Deere did not authorize the sale of Deere European-
version self-propelled forage harvesters in the United States and that 
all or substantially all of the Deere self-propelled forage harvesters 
sold in the United States were North American versions. The Bourdeau 
respondents have petitioned for review of the remand ID, including 
Order No. 55 and Order No. 59. Deere and the Commission investigative 
attorney oppose the petition.
    The Commission has determined to review in part Order No. 55 and 
the Remand ID. The Commission requests briefing by the parties (1) On 
the standard for authorization that was applied in Order No. 55 and how 
that standard was applied in light of the burden of proof; (2) on the 
issue of

[[Page 8400]]

Deere's alleged financing of certain EVSPFHs; (3) with respect to the 
ALJ's application of the ``all or substantially all'' standard, 
including a statement of the type and number of sales relied on and the 
basis for reliance on those sales, especially the basis for including 
used sales of North American-version harvesters in the assessment of 
whether that standard has been met by Deere; and (4) on whether all or 
substantially all of Deere's sales of SPFHs were of North American 
versions of these machines. The Commission has determined not to review 
Order No. 59.
    Schedule for Written Submissions: Written submissions on the issues 
under review are limited to the parties and must be filed by March 6, 
2007. Reply submissions must be filed by March 13, 2007.
    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 210.42(h) of the Commission's Rules of Practice and 
Procedure (19 CFR 210.42(h)).

    Issued: February 20, 2007.

    By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
 [FR Doc. E7-3139 Filed 2-23-07; 8:45 am]
BILLING CODE 7020-02-P