[Federal Register Volume 59, Number 95 (Wednesday, May 18, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-12136]
[[Page Unknown]]
[Federal Register: May 18, 1994]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-324]
Certain Acid-Washed Denim Garments and Accessories, Including
Jeans, Jackets, Bags, and Skirts; Commission Determination to Apply a
Modified Procedure for Considering a Petition to Rescind a Consent
Order
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, pursuant to rule 201.4(b), to waive in part
the interim rules normally applicable to consideration by the
Commission of a petition for rescission of a consent order, and to
follow instead a modified procedure for considering the petition filed
by counsel on behalf of Golden Trade S.r.l. (Golden Trade) and Greater
Texas Finishing Corporation (Greater Texas), complainants in the above-
captioned investigation, and Bugle Boy Industries, Inc. (Bugle Boy), a
respondent in the investigation.
FOR FURTHER INFORMATION CONTACT: Jean H. Jackson, Esq., Office of the
General Counsel, U.S. International Trade Commission, 500 E Street,
SW., Washington, DC 20436, telephone 202-205-3104.
SUPPLEMENTARY INFORMATION: On April 4, 1994, complainants Golden Trade
and Greater Texas and respondent Bugle Boy filed a joint motion to
rescind a consent order which was previously entered against Bugle Boy.
The petition was filed in view of a settlement agreement among the
parties that resulted in a license to Bugle Boy to manufacture, have
manufactured, use, and sell garments under U.S. Letters Patent
4,740,213, owned by Golden Trade, and the patent's foreign
counterparts. Commission interim rule 211.57 sets forth procedures for
processing such petitions. In this investigation, however, the
Commission determined to waive in part the application of that interim
rule and instead to apply a revised procedure. The revised procedure is
similar to the procedure set forth in proposed final rule 210.76,
published in the Federal Register on November 5, 1992 (57 FR 52830,
52883). Interim rule 211.57 is waived for this investigation to the
extent that it conflicts with the procedure set forth below.
Commission rule 201.4(b) provides for waiver of rules when in the
judgment of the Commission there is good and sufficient reason
therefor. The Commission determined that these criteria are met here.
Accordingly, consideration of the petition for modification of the
exclusion order in this investigation will be according to the
following procedure:
1. Any person may file an opposition to the petition within 21 days
of publication of this notice in the Federal Register.
2. The Commission may thereafter institute a proceeding to consider
rescission of the consent order by publishing notice of the proceeding
in the Federal Register. Such notice will establish deadlines for
submissions by interested persons. The Commission may decide to hold a
public hearing and afford interested persons the opportunity to appear
and be heard. The Commission may also decide to delegate any hearing to
the Chief Administrative Law Judge for designation of a presiding
administrative law judge, who shall certify a recommended determination
to the Commission.
3. After consideration of the petition, any responses thereto, any
information placed on the record at a public hearing or otherwise, and
any recommended determination, the Commission shall take such action as
it deems appropriate.
This action is taken under the authority of section 337 of the
Tariff Act of 1930, as amended (19 U.S.C. 1337, 19 U.S.C. 1335), and
Sec. 201.4(b) of the Commission's Rules of Practice and Procedure (19
CFR Sec. 201.4(b)). Hearing-impaired persons are advised that
information on the matter can be obtained by contacting the
Commission's TDD terminal on 202-205-1810.
Issued: May 12, 1994.
By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 94-12136 Filed 5-17-94; 8:45 am]
BILLING CODE 7020-02-P
