[Federal Register Volume 60, Number 182 (Wednesday, September 20, 1995)]
[Notices]
[Pages 48722-48723]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-23328]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-378]
In the Matter of Certain Asian-Style Kamaboko Fish Cakes; Notice
of Investigation
AGENCY: U.S. International Trade Commission.
ACTION: Institution of investigation pursuant to 19 U.S.C. 1337.
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SUMMARY: Notice is hereby given that a complaint was filed with the
U.S. International Trade Commission on August 15, 1995, under section
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of
Yamasa Enterprises, 515 Stanford Avenue, Los Angeles, California 90013.
A supplementary complaint was filed on September 6, 1995. The
supplementary complaint alleges violations of section 337 based on the
importation into the United States, the sale for importation, and the
sale within the United States after importation of certain Asian-style
kamaboko fish cakes by reason of infringement of common law trademarks
``YAMASA'' and a Japanese character logo, the threat or effect of which
is to substantially injure an industry in the United States.
The complainant requests that the Commission institute an
investigation and, after a hearing, issue a permanent exclusion order
and permanent cease and desist orders.
ADDRESSES: The complaint, except for any confidential information
contained therein, is 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., Room 112,
Washington, DC 20436, telephone 202-205-1802. Hearing-impaired
individuals are advised that information on this matter can be obtained
by contacting the Commission's TDD terminal on 202-205-1810.
FOR FURTHER INFORMATION CONTACT: Juan Cockburn, Esq., Office of Unfair
Import Investigations, U.S. International Trade Commission, telephone
202-205-2572.
Authority: The authority for institution of this investigation
is contained in section 337 of the Tariff Act of 1930, as amended,
and in section 210.10 of the Commission's Rules of Practice and
Procedure, 19 C.F.R. Sec. 210.10.
SCOPE OF INVESTIGATION: Having considered the complaint, the U.S.
International Trade Commission, on September 12, 1995, Ordered that--
(1) Pursuant to subsection (b) of section 337 of the Tariff Act of
1930, as amended, an investigation be instituted to determine whether
there is a violation of subsection (a)(1)(A) of section 337 in the
importation into the United States or in the sale within the United
States after importation of certain Asian-style kamaboko fish cakes by
reason of infringement of the alleged common law trademarks ``YAMASA''
and a Japanese character logo, the threat or effect of which is to
destroy or substantially injure an industry in the United States.
(2) For the purpose of the investigation so instituted, the
following are hereby named as parties upon which this notice of
investigation shall be served:
(a) The complainant is--Yamasa Enterprises, 515 Stanford Avenue,
Los Angeles, California 90013.
(b) The respondents are the following companies alleged to be in
violation of section 337, and are the parties upon which the complaint
is to be served:
Yamasa Kamaboko Co., Ltd., 419 Higashinobusue, Himeji, Japan
Alpha Oriental Foods, Inc., 4101 ``C'' Industry Drive, Tacoma,
Washington 98424
N.A. Sales, Inc., 150 Industrial Way, Brisbane, California 94005
New Japan Food Corp., 9505 Berger Road, Columbia, Maryland 21046
Rhee Brothers, Inc., 9505 Berger Road, Columbia, Maryland 21046
Rokko Trading Co., Inc., 2020 W. 166th Street, Torrance, California
90504.
(c) Juan Cockburn, Esq., Office of Unfair Import Investigations,
U.S. International Trade Commission, 500 E Street, SW., Room 401-Q,
Washington, DC 20436, shall be the Commission investigative attorney,
party to this investigation; and
(3) For the investigation so instituted, the Honorable Sidney
Harris is designated as the presiding administrative law judge.
Responses to the complaint and the notice of investigation must be
submitted by the named respondents in accordance with section 210.13 of
the Commission's Rules of Practice and Procedure, 19 CFR 210.13.
Pursuant to sections 201.16(d) and 210.13(a) of the Commission's Rules,
19 CFR 201.16(d) and 210.13(a), such responses will be considered by
the Commission if received not later than 20 days after the
[[Page 48723]]
date of service by the Commission of the complaint and the notice of
investigation. Extensions of time for submitting responses to the
complaint will not be granted unless good cause therefor is shown.
Failure of a respondent to file a timely response to each
allegation in the complaint and in this notice may be deemed to
constitute a waiver of the right to appear and contest the allegations
of the complaint and this notice, and to authorize the administrative
law judge and the Commission, without further notice to the respondent,
to find the facts to be as alleged in the complaint and this notice and
to enter both an initial determination and a final determination
containing such findings, and may result in the issuance of a limited
exclusion order or a cease and desist order or both directed against
such respondent.
By order of the Commission.
Issued: September 12, 1995.
Donna R. Koehnke,
Secretary.
[FR Doc. 95-23328 Filed 9-19-95; 8:45 am]
BILLING CODE 7020-02-P
