[Federal Register Volume 63, Number 215 (Friday, November 6, 1998)]
[Notices]
[Pages 60020-60021]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-29788]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-380 Enforcement Proceeding]
Certain Agricultural Tractors Under 50 Power Take-Off Horsepower;
Notice of Referral of Formal Enforcement Proceeding to an
Administrative Law Judge for Issuance of an Initial Determination
AGENCY: U.S. International Trade Commission.
[[Page 60021]]
ACTION: Notice.
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SUMMARY: Notice is hereby given that the U.S. International Trade
Commission has referred the formal enforcement proceeding instituted on
September 28, 1998, in the above-captioned investigation to an
administrative law judge for appropriate proceedings and the issuance
of an initial determination.
FOR FURTHER INFORMATION CONTACT: Shara L. Aranoff, Esq., Office of the
General Counsel, U.S. International Trade Commission, telephone 202-
205-3090.
SUPPLEMENTARY INFORMATION: On February 25, 1997, at the conclusion of
the original investigation, the Commission issued, inter alia, cease
and desist orders directed to respondents Gamut Trading Co., Inc. and
Gamut Imports. The cease and desist orders prohibit Gamut Trading Co.,
Inc. and Gamut Imports, as well as their ``principals, stockholders,
officers, directors, employees, agents, licensees distributors,
controlled (whether by stock ownership or otherwise) and/or majority-
owned business entities, successors and assigns,'' from importing or
selling for importation into the United States, or selling, marketing,
distributing, offering for sale, or otherwise transferring (except for
exportation) in the United States agricultural tractors under 50 power
take-off horsepower manufactured by Kubota Corporation of Japan that
infringe the KUBOTA trademark.
On July 16, 1998, Kubota Corporation, Kubota Tractor Corporation,
and Kubota Manufacturing of America Corporation (collectively
``Kubota''), complainants in the original investigation, filed a
complaint seeking institution of a formal enforcement proceeding
against Gamut Trading Co., Inc., Gamut Imports, Ronald A. DePue (Chief
Executive Officer and Chairman of the Board of Directors of Gamut
Trading), and Darrel J. Du Puy (Chief Financial Officer, President, and
member of the Board of Directors of Gamut Trading) (collectively ``the
Gamut respondents''), alleging that they are violating the cease and
desist orders. Kubota supplemented its complaint on August 26, 1998. On
September 28, 1998, the Commission issued an order instituting a formal
enforcement proceeding and instructing the Secretary to transmit the
enforcement proceeding complaint to the Gamut respondents and their
counsel for a response. On October 19, 1998, the Gamut respondents
filed a joint response to the enforcement complaint denying violation
of any of the Commission's remedial orders and infringement of the
KUBOTA trademark, asserting that the Commission lacks jurisdiction to
address the enforcement complaint, and requesting that the Commission
strike the complaint as ``meritless'' and order Kubota to pay the Gamut
respondents $100,000.
Having examined the Gamut respondents' response to the formal
enforcement proceeding complaint filed by Kubota, and having found that
issues concerning possible violation of the Commission's cease and
desist orders remain, the Commission determined to refer the
enforcement proceeding to Judge Paul J. Luckern for issuance, no later
than six (6) months from the date of the Commission Order referring
this matter, of an initial determination concerning whether Gamut
Trading Co., Inc., Gamut Imports, Ronald A. DePue, and/or Darrel J. Du
Puy are in violation of one or more of the Commission's cease and
desist orders.
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 210.75 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, S.W., Washington, D.C. 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: October 28, 1998.
By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 98-29788 Filed 11-5-98; 8:45 am]
BILLING CODE 7020-02-P
