[Federal Register Volume 63, Number 194 (Wednesday, October 7, 1998)]
[Notices]
[Pages 53925-53926]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-26872]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-380, Enforcement Proceeding]
Certain Argicultural Tractors Under 50 Power Take-Off Horsepower;
Notice of Institution of Formal Enforcement Proceeding
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 instituted a formal enforcement proceeding relating to
certain of the cease and desist orders issued at the conclusion of the
above-captioned investigation.
FOR FURTHER INFORMATION CONTACT: Peter L. Sultan, Esq., Office of the
General Counsel, U.S. International Trade Commission, telephone 202-
205-3152.
SUPPLEMENTARY INFORMATION: On February 25, 1997, the Commission issued
cease and desist orders against eleven respondents at the conclusion of
the above-captioned investigation, including against Gamut Imports,
14354
[[Page 53926]]
Cronese Road, Apple Valley, California 92307 (``Gamut Imports''), and
Gamut Trading Company, Inc., 13450 Nomwaket Road Apple Valley,
California 92308 (``Gamut Trading''). The cease and desist orders
provide that the respondents shall not:
(A) Import or sell for importation into the United States covered
products [i.e., agricultural tractors under 50 power take-off
horsepower manufactured by Kubota Corporation of Japan that infringe
the federally-registered U.S. trademark ``KUBOTA'']; or
(B) Sell, market, distribute, offer for sale, or otherwise transfer
(except for exportation) in the United States imported covered product.
The cease and desist orders apply not only to the named respondent but
also to ``any of its principals, stockholders, officers, directors,
employees, agents, licensees, distributors, controlled (whether by
stock ownership or otherwise) and/or majority-owned business entities,
successors and assigns.''
On July 16, 1998, complainants Kubota Corporation, Kubota Tractor
Corporation, and Kubota Manufacturing of America Corporation
(collectively ``Kubota'') filed a complaint seeking institution of a
formal enforcement proceeding against Gamut Imports and Gamut Trading,
and against two officers and directors of Gamut Trading, Ronald A.
DePue and Darrel J. Du Puy. Kubota requested that the Commission
enforce the cease and desist orders, impose civil penalties, and impose
such other remedies and sanctions as are appropriate.
The Commission, having examined the request for a formal
enforcement proceeding filed by Kubota, and having found that the
request complies with the requirements for institution of a formal
enforcement proceeding, determined to institute formal enforcement
proceedings to determine whether Gamut Trading Co., Inc., Gamut
Imports, Ronald A. DePue, and/or Darrel J. Du Puy are in violation of
the Commission cease and desist orders issued in the investigation and
what if any enforcement measures are appropriate.
The following were named as parties to the formal enforcement
proceeding: (1) Kubota Corporation, 2-47 Shikitsuhigashi 1-chome,
Naniwa-ku,Osaka 556-8601, Japan; Kubota Tractor Corporation, 3401 Del
Amo Boulevard, Torrance, California 90503; and Kubota Manufacturing of
America Corporation, Industrial Park North, 2715 Ramsey Road,
Gainesville, Georgia 30501 (complainants in the underlying
investigation and requesters of the formal enforcement proceeding); (2)
Gamut Trading Co., Inc., 13450 Nomwaket Road, Apple Valley, California
92308 (enforcement proceeding respondent); (3) Gamut Imports, 14354
Cronese Road, Apple Valley, California 92307 (enforcement proceeding
respondent); (4) Ronald A. DePue, Chief Executive Officer and Chairman
of the Board of Directors of Gamut Trading Co., Inc. (enforcement
proceeding respondent); (5) Darrel J. Du Puy, Chief Financial Officer,
President and member of the Board of Directors of Gamut Trading Co.,
Inc.(enforcement proceeding respondent); and (6) a Commission
investigative attorney to be designated by the Director, Office of
Unfair Import Investigations.
This action is taken under the authority of section 337 of the
Tariff Act of 1930, as amended (19 U.S.C. Sec. 1337), and section
210.75 of the Commission's Rules of Practice and Procedure (19 CFR
210.75).
Copies of the Commission's order and all other nonconfidential
documents filed in connection with this enforcement proceeding 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. Hearing-impaired persons are advised that information on
this matter can be obtained by contacting the Commission's TDD terminal
on 202-205-1810. General information concerning the Commission may also
be obtained by accessing its Internet server (http://www.usitc.gov).
Issued: September 28, 1998.
By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 98-26872 Filed 10-6-98; 8:45 am]
BILLING CODE 7020-02-P
