[Federal Register Volume 72, Number 147 (Wednesday, August 1, 2007)]
[Notices]
[Page 42111]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-14810]



[[Page 42111]]

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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-582]


In the Matter of Certain Hydraulic Excavators and Components 
Thereof; Notice of Commission Determination Not to Review the Initial 
Determination Contained in Order No. 45

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 not to review the presiding administrative 
law judge's (``ALJ'') initial determination (``ID'') contained in Order 
No. 45.

FOR FURTHER INFORMATION CONTACT: Jonathan J. Engler, Esq., Office of 
the General Counsel, U.S. International Trade Commission, 500 E Street, 
SW., Washington, DC 20436, telephone (202) 205-3112. Copies of the 
ALJ's IDs and all other 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: On August 29, 2006, the Commission 
instituted this investigation, based on a complaint filed by 
Caterpillar Inc. (``Caterpillar'') of Peoria, Illinois. 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 
complainants requested that the Commission issue a general exclusion 
order and cease and desist orders. The complaint named twenty (20) 
firms as respondents. Two respondents, Barkley Industries LLC and 
Frontera Equipment Sales, have been found in default. Thirteen have 
been terminated as a result of settlement agreements.
    On April 17, 2007, Caterpillar filed a motion for summary 
determination on certain issues, including Caterpillar's satisfaction 
of the domestic industry requirement and affirmative defenses raised by 
the Respondents. On April 27, 2007, Alex Lyon & Son Sales Managers, 
Hoss Equipment Co., World Tractor and Equipment Company, LLC, Worldwide 
Machinery, Inc. and Yoder & Frey Auctioneers (collectively, the 
``respondents'') filed an opposition to the motion and on May 3, 2007, 
the Commission Investigative Staff filed a response to the motion, 
opposing it in part and supporting it in part. The ALJ in an ID (Order 
No. 44) granted Caterpillar's motion with respect to the domestic 
industry requirement and the respondents' affirmative defenses of 
unclean hands, violation of public policy, trademark abandonment and 
antitrust violations, denied the motion with respect to the 
respondents' affirmative defenses of laches, acquiescence and estoppel, 
and left certain other issues unresolved. The Commission determined not 
to review the ID.
    On June 20, the ALJ issued Order No. 45, resolving the several 
issues that were still before him, having not been addressed in Order 
No. 44. Specifically, Order No. 45 denied the respondents' motion for 
summary determination, and denied, in part, the complainant's motion 
for summary determination. Order No. 45 also contained an ID, granting 
in part the complainant's motion for summary determination. On June 27, 
2007, the respondents moved for a ``clarification'' by the Commission 
as to whether that portion of Order 45 in which the ALJ denies the 
respondents' motion for summary determination is part of the ID. To the 
extent that it is part of the ID, the respondents petitioned for review 
of the ID. Caterpillar opposed the respondents' motion and petition for 
review.
    The Commission finds that the ALJ's denial of the respondents' 
motion for summary determination is not part of the ID and therefore 
not before the Commission. The Commission further finds that any motion 
for clarification belongs before the ALJ, not the Commission. The 
respondents' petition for review of the ID and motion for clarification 
are therefore denied as improperly filed.
    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 of the Commission's Rules of Practice and Procedure 
(19 CFR 210.42).

By order of the Commission.
    Issued: July 26, 2007.
Marilyn R. Abbott,
Secretary to the Commission.
 [FR Doc. E7-14810 Filed 7-31-07; 8:45 am]
BILLING CODE 7020-02-P