[Federal Register Volume 73, Number 98 (Tuesday, May 20, 2008)]
[Notices]
[Pages 29151-29152]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-11196]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-588]


In the Matter of Certain Digital Multimeters, and Products With 
Multimeter Functionality; Issuance of General Exclusion Order and Cease 
and Desist Orders; Termination of the Investigation

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 issued a general exclusion order and cease and desist 
orders directed to two defaulting domestic respondents in the above-
identified investigation. The investigation is terminated.

FOR FURTHER INFORMATION CONTACT: Michael K. Haldenstein, Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street, 
SW., Washington, DC 20436, telephone (202) 205-3041. 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 
(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 November 13, 2006, based on a complaint filed on October 6, 2006, 
and supplemented on October 27 and 30, 2006, by Fluke Corp. of Everett, 
Washington, alleging violations of section 337 of the Tariff Act of 
1930 in the importation into the United States, the sale for 
importation, and the sale within the United States after importation of 
certain digital multimeters and products with multimeter functionality 
by reason of infringement of United States Trademark Registration No. 
2,796,480 (``the `480 mark'') and also by reason of infringement of 
trade dress, the threat or effect of which is to destroy or 
substantially injure an industry in the United States. 71 FR 661940 
(November 13, 2006). Complainant requested that the Commission issue a 
general exclusion order and cease and desist orders. The complaint 
named eighteen respondents in China, Hong Kong, and the United States. 
Fourteen respondents were terminated from the investigation by 
settlement agreement, consent order, or both. The four remaining 
respondents were found in default.
    On July 3, 2007, complainant filed a motion seeking summary 
determination of violation of section 337. On January 14, 2008, the 
presiding administrative law judge (``ALJ'') issued an initial 
determination (``ID'') granting complainant's motion for summary 
determination of violation of section 337 as to the four defaulting 
respondents. He recommended issuance of a general exclusion order, 
issuance of cease and desist orders against respondents Electronix 
Express and HandsOnTools, and that the amount of bond for temporary 
importation during

[[Page 29152]]

the Presidential review period be set at 100 percent of the entered 
value of the articles concerned. No petitions for review were filed.
    On February 12, 2008, the Commission determined not to review the 
ID and requested written submissions on the issues of remedy, the 
public interest, and bonding. On February 28 and March 6, 2008, 
respectively, the complainant Fluke and the Investigative Attorney 
(``IA'') filed briefs and the IA filed a reply brief on these issues.
    Having reviewed the record in this investigation, including the 
ALJ's recommended determination and the parties' written submissions, 
the Commission has determined that the appropriate form of relief is a 
general exclusion order prohibiting the unlicensed entry of digital 
multimeters that infringe the `480 mark or Fluke's protected trade 
dress and cease and desist orders directed to Electronix Express and 
HandsOnTools.
    The Commission has further determined that the public interest 
factors enumerated in section 337(d)(1) (19 U.S.C. 1337(d)(1)) do not 
preclude issuance of the general exclusion order. Finally, the 
Commission determined that the amount of bond to permit temporary 
importation during the Presidential review period (19 U.S.C. *1337(j)) 
shall be in the amount of 100 percent of the value of the digital 
multimeters that are subject to the order. The Commission's order and 
opinion were delivered to the President and to the United States Trade 
Representative on the day of their issuance.
    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 sections 210.42-46 of the Commission's Rules of Practice and 
Procedure, 19 CFR 210.42-46.

    Issued: May 14, 2008.

    By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E8-11196 Filed 5-19-08; 8:45 am]
BILLING CODE 7020-02-P