[Federal Register Volume 64, Number 82 (Thursday, April 29, 1999)]
[Notices]
[Pages 23098-23099]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-10781]
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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 Schedule for the Submission of Petitions for Review and
Comments on Remedy
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
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SUMMARY: Notice is hereby given that the U.S. International Trade
Commission will permit parties in the above-captioned enforcement
proceeding to submit petitions for review of the initial determination
to be issued by the administrative law judge on or before April 28,
1999. In addition, parties, interested government agencies, and other
interested persons are invited to submit comments on the appropriate
remedy.
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 in to 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 Inc. (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 Darrell J.
DuPuy (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 directed
to them. 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, and asserting that the Commission lacks jurisdiction
to address the enforcement complaint.
On October 28, 1998, the Commission issued an order referring the
formal enforcement proceeding to the presiding administrative law judge
(ALJ) for discovery, a hearing, and issuance of an initial
determination (ID) concerning whether any of the Gamut respondents are
in violation of the Commission's cease and desist orders. In the event
that he found a violation, the order also directed the ALJ to issue a
recommended determination (RD) on remedy. The ALJ is due to issue his
ID and RD, if any, on or before April 28, 1999.
In order to allow the parties to express their views concerning
whether the Commission should review the ID, the Commission is
providing parties with the opportunity to file petitions for review of
the ID and responses thereto. If the Commission finds a violation of
one of more of its cease and desist orders, it will also consider the
appropriate remedy (i.e., civil penalty). The Commission is therefore
interested in receiving written submissions that address the
appropriate remedy.
Written Submissions
Any party of record to this enforcement proceeding may file a
petition for review of the ID and/or comments on the appropriate remedy
with the Commission no later than fourteen (14) days after service of
the ID. A reply to any such petition for review or comments may be
filed within seven (7) days after service of the petition or comments.
Any other interested person, including any interested government
agency, may file comments on the appropriate remedy with the Commission
no later than twenty-one (21) days after the date of issuance of the
ID. No further submissions will be permitted unless otherwise ordered
by the Commission.
Persons filing written submissions must file the original document
and 14 true copies thereof with the Office of the Secretary on or
before the deadlines stated above. Any person desiring to submit a
document (or portion thereof) to the Commission in confidence must
request confidential treatment unless the information has already been
granted such treatment during the proceedings. All such requests should
be directed to the Secretary of the Commission and must include a full
statement of the reasons why the Commission should grant such
treatment. See 19 CFR 201.6. Documents for which confidential treatment
is granted by the Commission will be treated accordingly. All
nonconfidential written submissions will be available for public
inspection at the Office of the Secretary.
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
[[Page 23099]]
Rules of Practice and Procedure (19 CFR 210.75).
Copies of the Commission's Order, public versions of the ID and RD,
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: April 26, 1999.
By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 99-10781 Filed 4-28-99; 8:45 am]
BILLING CODE 7020-02-P
