[Federal Register Volume 60, Number 12 (Thursday, January 19, 1995)]
[Notices]
[Pages 3874-3875]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-1335]
-----------------------------------------------------------------------
[[Page 3875]]
INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-369]
Certain Health and Beauty Aids and Identifying Marks Thereon;
Investigation
AGENCY: U.S. International Trade Commission
ACTION: Institution of investigation pursuant to 19 U.S.C. Sec. 1337.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that a complaint was filed with the
U.S. International Trade Commission on December 2, 1994, under section
337 of the Tariff Act of 1930, as amended, 19 U.S.C. Sec. 1337, on
behalf of Redmond Products, Inc. 18930 West 78th Street, Chanhassen, MN
55317. An amended complaint was filed on December 16, 1994, and
supplementary letters were filed on December 22 and 23, 1994. 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 health and beauty aids by reason of
infringement of federally registered and common law trademarks
incorporating the terms ``Aussie'' or ``Australian.'' The complaint
further alleges that there exists an industry in the United States with
regard to the health and beauty aids at issue, and that the domestic
industry is being injured or is threatened with injury because of the
allegedly infringing articles.
The complainant requests that the Commission institute an
investigation and, after a hearing, 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, S.W., Room 112,
Washington, D.C. 20436, telephone 202-205-1802. Hearing-impaired
individuals are advised that information on this matter can be obtained
by contacting the Commission's TDD terminal on 202-205-1810.
FOR FURTHER INFORMATION CONTACT: Thomas S. Fusco, Esq., Office of
Unfair Import Investigations, U.S. International Trade Commission,
telephone 202-205-2571.
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 Final Rules of Practice
and Procedure (59 Fed. Reg. 39022, August 1, 1994).
Scope of Investigation: Having considered the complaint, the U.S.
International Trade Commission, on January 6, 1995, Ordered That--
(1) Pursuant to subsection (b) of section 337 of the Tariff Act of
1930, as amended, an investigation be instituted to determine:
(a) whether there is a violation of subsection (a)(1)(A) 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 health and beauty aids and identifying marks thereon by
reason of infringement of common law rights in trademarks
incorporating the terms ``Aussie'' or ``Australian'', the threat or
effect of which is to destroy or substantially injure an industry in
the United States; and
(b) 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 health and beauty aids and identifying marks thereon, by
reason of infringement of certain federally registered trademarks
incorporating the terms ``Aussie'' or ``Australian,'' and whether
there exists an industry in the United States 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--Redmond Products, Inc., 18930 West 78th
Street, Chanhassen, Minnesota 55317.
(b) The respondent is the following company alleged to be in
violation of Section 337, and is the party upon which the complaint
is to be served: Belvedere International, Inc., 5675 Keaton
Crescent, Mississauga, Ontario, L5R 3G3 Canada.
(c) Thomas S. Fusco, Esq., Office of Unfair Import
Investigations, U.S. International Trade Commission, 500 E Street,
S.W., Room 401-O, Washington, D.C. 20436, who shall be the
Commission investigative attorney, party to this investigation; and
(3) For the investigation so instituted, Janet D. Saxon, Chief
Administrative Law Judge, U.S. International Trade Commission, shall
designate the presiding Administrative Law Judge.
Responses to the complaint and the notice of investigation must be
submitted by the named respondent in accordance with section 210.13 of
the Commission's Final Rules of Practice and Procedure. 59 FR 39022,
August 1, 1994. Pursuant to 19 CFR 201.16(d) and section 210.13(a) of
the Commission's Final Rules (59 Fed. Reg. 39022, August 1, 1994), such
responses will be considered by the Commission if received not later
than 20 days after the date of service of the complaint. Extensions of
time for submitting responses to the complaint will not be granted
unless good cause therefor is shown.
Failure of the 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 both an initial determination and a final determination
containing such findings, and may result in the issuance of a limited
exclusion order or a cease and desist order or both directed against
such respondent.
Issued: January 9, 1995.
By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 95-1335 Filed 1-18-95; 8:45 am]
BILLING CODE 7020-02-P
