[Federal Register Volume 63, Number 62 (Wednesday, April 1, 1998)]
[Notices]
[Page 15888]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-8532]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-399]
In the Matter of Certain Fluid-Filled Ornamental Lamps; Notice of
Commission Decision Not To Review an Initial Determination Terminating
the Investigation in Its Entirety and Issuance of Consent Orders
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 decided not to review the presiding administrative law
judge's (ALJ's) initial determination (ID) terminating the above-
captioned investigation as to every respondent on the basis of a
consent order, a settlement agreement, or withdrawal of the
complainant's allegations against the respondent. The investigation is
therefore terminated in its entirety.
FOR FURTHER INFORMATION CONTACT: P. N. Smithey, Esq., Office of the
General Counsel, U.S. International Trade Commission, telephone 202-
205-3061. General information concerning the Commission also may be
obtained by accessing its Internet server (http://www.usitc.gov).
Hearing-impaired individuals can obtain information concerning this
matter by contacting the Commission's TDD terminal at 202-205-1810.
SUPPLEMENTARY INFORMATION:
On May 22, 1997, Haggerty Enterprises, Inc., filed a complaint and
a motion for temporary relief with the Commission alleging violations
of section 337 of the Tariff Act of 1930 (19 U.S.C. 1337) in the
importation into the United States, the sale for importation, and the
sale within the United States after importation of certain fluid-filled
ornamental lamps that infringe U.S. Trademark Registration Nos.
1,611,140 and/or 852,625. The Commission provisionally accepted the
motion for temporary relief for further processing and instituted the
investigation on July 1, 1997. Eleven firms were named as respondents:
Lipan Industrial Co., Ltd.; Gemmy Industries Corporation; Kay-Bee
Center Inc.; Walgreen Company; Six G's Inc.; Adams Apple Distributing
Company LP; A-Mic Corporation; Charlotte Buchanan, d/b/a Glamorama;
Fortune Products, Inc.; J.J.M. Novelties; and Original Lighting Inc.
See 62 FR 35525 (July 1, 1997).
Between July 23 and August 4, 1997, complainant Haggerty moved for
termination of the investigation as to every respondent. Termination as
to respondents Six G's, Charlotte Buchanan, Original Lighting, Gemmy,
Kay-Bee, and Walgreen was sought on the basis of consent orders.
(Motions Nos. 399-2 through 399-4 and 399-8.) The motions for
termination as to respondents J.J.M., Adams Apple, A-Mic, and Fortune
were based on Haggerty's withdrawal of its section 337 allegations
against those respondents. (Motions Nos. 399-5 and 399-6.) Termination
as to respondent Lipan was sought on the basis of a settlement
agreement. (Motion No. 399-7.)
On August 13, 1997, the Commission investigative attorney filed a
response supporting the motions.
On March 4, 1998, the ALJ issued the ID granting the motions and
ordering termination of the investigation in its entirety (including
the temporary relief proceeding). No party petitioned for review of the
ID pursuant to 19 CFR 210.43(a).
The Commission's action was taken under the authority of 19 U.S.C.
1337(c) and 19 CFR 210.42.
All nonconfidential documents filed in the investigation--including
the ID, the motion for termination as to each respondent, the consent
orders and the settlement agreement, and the Commission investigative
attorney's response to the motions for termination--are or will be
available for public inspection during official business hours (8:45
a.m. to 5:15 p.m.) in the Commission's Office of the Secretary, Dockets
Branch, 500 E Street, SW., Room 112, Washington, D.C. 20436, telephone
202-205-2000.
Issued: March 24, 1998.
By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 98-8532 Filed 3-31-98; 8:45 am]
BILLING CODE 7020-02-P
