[Federal Register Volume 62, Number 69 (Thursday, April 10, 1997)]
[Notices]
[Page 17636]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-9198]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-380]
Certain Agricultural Tractors Under 50 Power Take-Off Horsepower;
Notice of Denial of Petition for Reconsideration and Motion for Relief
Pending Review
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 determined to deny respondents' Petition for
Reconsideration and respondents' Motion for Relief Pending Review in
the above-captioned investigation.
FOR FURTHER INFORMATION CONTACT: Shara L. Aranoff, Esq., Office of the
General Counsel, U.S. International Trade Commission, 500 E Street,
S.W., Washington, D.C. 20436, telephone 202-205-3090.
SUPPLEMENTARY INFORMATION: The authority for the Commission's
determination is contained in Section 705 of the Administrative
Procedure Act (5 U.S.C. 705), Section 337 of the Tariff Act of 1930, as
amended (19 U.S.C. 1337), and in Secs. 210.47 and 210.48 of the
Commission's Rules of Practice and Procedure (19 C.F.R. 210.47 and
210.48).
This trademark-based section 337 investigation was instituted by
the Commission on February 14, 1996, based on a complaint filed by
Kubota Tractor Corporation (``KTC''), Kubota Manufacturing of America
(``KMA''), and Kubota Corporation (``KBT'') (collectively
``complainants''). On January 9, 1997, the Commission determined not to
review that portion of the presiding administrative law judge's (ALJ)
final initial determination (ID) finding a violation of section 337
based on infringement of complainants' federally-registered U.S.
trademark ``KUBOTA'' (Reg. No. 922,330).
On February 25, 1997, the Commission issued a general exclusion
order prohibiting the unlicensed entry for consumption of agricultural
tractors under 50 power take-off horsepower manufactured by Kubota
Corporation of Japan that infringe the federally-registered U.S.
trademark ``KUBOTA'' and eleven cease and desist orders directed to
respondents Bay Implement Company, Casteel World Group, Inc. (and
related entities), Gamut Trading Co. (and related entities), Lost Creek
Tractor Sales, MGA, Inc. Auctioneers, The Tractor Shop, Tractor
Company, and Wallace International Trading Co. prohibiting the
importation, sale for importation, or sale in the United States after
importation of agricultural tractors under 50 power take-off horsepower
manufactured by Kubota Corporation of Japan that infringe the
federally-registered U.S. trademark ``KUBOTA''. The Commission also
determined that the public interest factors enumerated in subsections
337(d) and (f) did not preclude the issuance of the general exclusion
order and cease and desist orders, and that the bond during the
Presidential review period should be in the amount of 90 percent of the
entered value of the articles in question.
On March 13, 1997, respondents Gamut Trading Co., Gamut Imports,
Wallace International Trading Co., Wallace Import Marketing Co., Inc.,
Bay Implement Co., Casteel World Group, Inc., The Tractor Shop, Suma
Sangyo, Eisho World Ltd., Sanko Industries Co., Ltd, and Fujisawa
Trading Co. filed a Petition for Reconsideration pursuant to Commission
rules 210.47 and 210.48, requesting that the Commission reconsider its
conclusion that requiring warning labels on the infringing tractors
would not be an effective remedy. On the same date, respondents also
filed a Motion for Relief Pending Review, requesting that the
Commission stay the effective date of its general exclusion order and
cease and desist orders until such time as the U.S. Court of Appeals
for the Federal Circuit can decide respondents' planned appeal.
Responses in opposition to both requests were received from
complainants and the Commission investigative attorney (IA) on March
24, 1997.
Having considered the written submissions of the parties, as well
as the record in this investigation, the Commission determined to deny
both respondents' Petition for Reconsideration and respondents' Motion
for Relief Pending Review.
Copies of the Commission's opinion and order 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 202-205-2000. Hearing impaired persons are advised
that information on the matter can be obtained by contacting the
Commission's TDD terminal at 202-205-1810.
Issued: April 4, 1997.
By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 97-9198 Filed 4-9-97; 8:45 am]
BILLING CODE 7020-02-P
