96-25947. Notice of Commission Determination Not To Review an Initial Determination Terminating the Investigation as to Respondent Yarbrough Equipment Rental and Sales Inc. on the Basis of a Consent Order; Issuance of Consent Order

[Federal Register Volume 61, Number 197 (Wednesday, October 9, 1996)]
[Notices]
[Pages 52956-52957]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-25947]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-380]


Notice of Commission Determination Not To Review an Initial 
Determination Terminating the Investigation as to Respondent Yarbrough 
Equipment Rental and Sales Inc. on the Basis of a Consent Order; 
Issuance of Consent Order

    In the Matter of Certain Agricultural Tractors Under 50 Power 
Take-off Horsepower

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission had determined not to review the initial determination (ID) 
of the presiding administrative law judge (ALJ) in the above-captioned 
investigation granting complainants' and respondent Yarbrough Equipment 
Rental and Sales Inc.'s (``Yarbrough'') joint motion to terminate the 
investigation as to Yarbrough on the basis of a consent order.

FOR FURTHER INFORMATION CONTACT: Shara L. Aranoff, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street, SW, 
Washington, D.C. 20436, telephone [phone].

SUPPLEMENTARY INFORMATION: The Commission instituted this 
investigation, which concerns allegations of unfair acts in violation 
of section 337 in the importation and sale of certain agricultural 
tractors under 50 PTO horsepower, on February 14, 1996. On August 2, 
1996, complainants Kubota Tractor Corporation, Kubota Manufacturing of 
America Corporation, and Kubota Corporation, and respondent Yarbrough 
jointly moved for termination of the investigation as to Yarbrough 
based on a consent order stipulation and proposed consent order. The 
parties' agreement provides that (1) Yarbrough admits that 
complainants' four registered trademarks at issue in this investigation 
are valid, subsisting, and enforceable and agrees not to challenge the 
validity of the marks in any proceeding to enforce the consent order; 
(2) Yarbrough will cease and desist from exporting, importing, selling, 
distributing or otherwise transferring the tractors that are the 
subject of this investigation; (3) Yarbrough waives all right to seek 
judicial review or otherwise challenge the validity of the consent 
order; (4) the consent order shall not apply to the extent that any of 
complainants' marks has expired or been found invalid or unenforceable, 
provided such finding is final and nonreviewable; and (5) the consent 
order is subject to enforcement, modification and revocation in 
accordance with Commission rules. On August 26, 1996, the Commission 
investigative attorney (IA) filed a response supporting the motion to 
terminate on the grounds that it satisfied all Commission procedural 
and substantive requirements, that settlements are generally in the 
public interest, and that the IA has no basis to conclude that 
termination of the investigation with respect to Yarbrough would be 
contrary to the public interest. On September 11, 1996, ALJ issued an 
ID (Order No. 54) granting the joint motion. No petitions for review of 
the ID were received.
    This action is taken under the authority of section 337 of the 
Tariff Act of 1930, as amended (19 U.S.C. 1337), and section 210.42 of 
the Commission's Rules of Practice and Procedure (19 C.F.R. 
Sec. 210.42).
    Copies of the ID and all other nonconfidential 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, S.W., Washington, D.C. 20436, telephone [phone]. 
Hearing impaired persons are advised that information on the matter can 
be obtained by contacting the Commission's TDD terminal at 202-205-
1810.


[[Page 52957]]


    By order of the Commission.

    Issued: September 30, 1996.
Donna R. Koehnke,
Secretary.
[FR Doc. 96-25947 Filed 10-8-96; 8:45 am]
BILLING CODE 7020-02-P