[Federal Register Volume 61, Number 183 (Thursday, September 19, 1996)]
[Notices]
[Page 49341]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-24032]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-378]
Certain Asian-Style Kamaboko Fish Cakes; Notice of Issuance of
Limited Exclusion Order and Cease and Desist Orders and Termination of
Investigation
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 issued a limited exclusion order and cease and desist
orders to domestic respondents New Japan Food Corporation and Rhee
Brothers, Inc. in the above-captioned investigation and terminated the
investigation.
FOR FURTHER INFORMATION CONTACT: Jay H. Reiziss, Esq., Office of the
General Counsel, U.S. International Trade Commission, 500 E Street,
S.W., Washington, D.C. 20436, telephone 202-205-3116.
SUPPLEMENTARY INFORMATION: Complainant Yamasa Enterprises filed a
complaint with the Commission on August 15, 1995, and a supplementary
complaint on September 6, 1995, alleging that certain respondents were
importing, selling for importation, and selling in the United States
after importation certain Asian-style kamaboko fish cakes bearing marks
or logos that were infringing trademarks owned by Yamasa Enterprises.
The complaint named six entities as respondents: Yamasa Kamaboko Co.,
Ltd. (``YKCL''), Alpha Oriental Foods, Inc. (``Alpha''), N.A. Sales,
Inc., New Japan Food Corporation (``New Japan''), Rhee Brothers, Inc.
(``Rhee Brothers''), and Rokko Trading Co., Inc. N.A. Sales, Inc. and
Rokko Trading Co., Inc. were terminated from the investigation on the
basis of a settlement agreement. Alpha was never served and is believed
to be out of business.
The Commission voted to institute an investigation of Yamasa
Enterprise's complaint on September 12, 1995. 60 FR 48722 (September
20, 1995). On December 6, 1995, the complaint was amended to reflect
the issuance to complainant by the U.S. Patent and Trademark Office on
September 12, 1995, of a registered trademark for the word ``Yamasa.''
On May 21, 1996, the ALJ issued Order No. 15 comprising, inter
alia, two initial determinations (IDs) in which he granted (1)
complainant's motion for summary determination that its investments in
the United States satisfy the domestic industry requirement of section
337, and (2) complainant's motion for summary determination on all
issues (including domestic industry) necessary to establish a violation
of section 337. Order No. 15 also granted complainant's motion that
respondents Rhee Brothers and New Japan be found in default, and
granted in part complainant's motion for evidentiary sanctions against
respondent YKCL for its failure to provide discovery.
On June 21, 1996, the Commission determined not to review the IDs,
thereby finding a violation of section 337, and issued a notice seeking
submissions from the parties on the issues of remedy, the public
interest, and bonding. Complainants and the IA filed briefs on the
issues of remedy, the public interest, and bonding. None of the
respondents filed any written submissions on these issues. No reply
briefs were filed.
Having reviewed the record in this investigation, including the
written submissions of the parties, the Commission made its
determinations on the issues of remedy, the public interest, and
bonding. The Commission determined that a limited exclusion order
prohibiting the unlicensed importation for consumption of infringing
Asian-style Kamaboko fish cakes produced and/or imported by YKCL is an
appropriate remedy. In addition, the Commission issued cease and desist
orders to domestic respondents New Japan and Rhee Brothers requiring
them to cease and desist from the following activities in the United
States: importing, selling, marketing, advertising, distributing,
soliciting agents or distributors for, offering for sale, or otherwise
transferring (except for exportation) in the United States infringing
imported Asian-style kamaboko fish cakes.
The Commission also determined that the public interest factors
enumerated in 19 U.S.C. Secs. 1337 (d) and (f) do not preclude the
issuance of the limited exclusion order and the cease and desist
orders, and that the bond during the Presidential review period shall
be in the amount of one hundred (100) percent of the entered value of
the imported fish cakes.
This action is taken under the authority of section 337 of the
Tariff Act of 1930, as amended (19 U.S.C. Sec. 1337), and section
210.50 of the Commission's Rules of Practice and Procedure (19 CFR
210.50).
Copies of the Commission's remedial orders, the Commission opinion
in support thereof, 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 this matter can be
obtained by contacting the Commission's TDD terminal on 202-205-1810.
Issued: September 13, 1996.
By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 96-24032 Filed 9-18-96; 8:45 am]
BILLING CODE 7020-02-P
