[Federal Register Volume 69, Number 206 (Tuesday, October 26, 2004)]
[Notices]
[Pages 62454-62455]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-23883]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-500]


In the Matter of Certain Purple Protective Gloves; Notice of 
Commission Decision Not To Review an Initial Determination Finding a 
Violation of Section 337 and That the Domestic Industry Requirement Is 
Met; Schedule for Written Submissions on Remedy, Public Interest, and 
Bonding

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 not to review an initial determination 
(``ID'') (Order No. 17) issued by the presiding administrative law 
judge (``ALJ'') finding a violation of section 337 and that the 
domestic industry requirement has been met in the above-captioned 
investigation.

FOR FURTHER INFORMATION CONTACT: Michael Diehl, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street, 
SW., Washington, DC 20436, telephone (202) 205-3095. Copies of all 
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, SW., Washington, DC 
20436, telephone 202-205-2000. General information concerning the 
Commission may be obtained by accessing its Internet server (http://www.usitc.gov). The public record for this investigation may be viewed 
on the Commission's electronic docket (EDIS) at http://edis.usitc.gov. 
Hearing-impaired persons are advised that information on the matter can 
be obtained by contacting the Commission's TDD terminal on 202-205-
1810.

SUPPLEMENTARY INFORMATION: The Commission instituted this investigation 
on November 26, 2003, based on a complaint filed by Kimberly-Clark 
Corporation and Safeskin Corporation (collectively ``K-C/Safeskin''). 
The complaint alleged violations of section 337 of the Tariff Act of 
1930 in the importation and sale of certain purple protective gloves by 
reason of infringement of U.S. Registered Trademark Nos. 2,596,539, 
2,533,260, and 2,593,382.
    The complaint named seven respondents, six of which have entered 
into settlement agreements with K-C/Safeskin. On May 24, 2004, the 
administrative law judge (``ALJ'') issued an initial determination 
(Order No. 15) terminating the investigation as to Latexx Partners 
Berhad and Medtexx Partners on the basis of a confidential settlement 
agreement. On June 1, 2004, the ALJ issued another initial 
determination (Order No. 16), terminating the investigation as to The 
Delta Group; Delta Hospital Supply, Inc.; Delta Medical Systems, Inc.; 
and Delta Medical Supply Group, Inc. on the basis of a settlement 
agreement and a consent order. The Commission determined not to review 
those initial determinations.
    The seventh respondent--Dash Medical Gloves, Inc. (``Dash'')--
failed to reply to the complaint and notice of investigation. Dash 
subsequently indicated that it ``will not oppose entry of a Default in 
this matter.'' On May 24, 2004, the ALJ issued an ID (Order No. 14) 
finding Dash in default pursuant to Commission rule 210.16(a)(1). The 
Commission determined not to review the initial determination.
    On September 2, 2004, K-C/Safeskin filed a motion pursuant to 
Commission rule 210.18 for summary determination on the issues of 
violation of section 337 and the existence of a domestic industry. The 
motion also sought a general exclusion order. On September 13, 2004, 
the Commission's Investigative Attorney (``IA'') filed a response in 
support of the motion.
    On September 23, 2004, the ALJ issued an initial determination 
(Order No. 17) finding ``substantial, reliable, and probative 
evidence'' of a violation of section 337 by reason of Dash's 
importation and sale of the accused gloves and the existence of a 
domestic industry. No party petitioned for review

[[Page 62455]]

of the ID. As to remedy, the ALJ recommended the issuance of a general 
exclusion order. He also recommended that the bond permitting temporary 
importation during the Presidential review period be set at 100 percent 
of the value of the infringing imported product.
    In connection with the final disposition of this investigation, the 
Commission may issue an order that could result in the exclusion of the 
subject articles from entry into the United States, and/or issue a 
cease and desist order that could result in the remaining respondent 
being required to cease and desist from engaging in unfair acts in the 
importation and sale of such articles. Accordingly, the Commission is 
interested in receiving written submissions that address the form of 
remedy, if any, that should be ordered. If a party seeks exclusion of 
an article from entry into the United States for purposes other than 
entry for consumption, it should so indicate and provide information 
establishing that activities involving other types of entry either are 
adversely affecting it or likely to do so. For background, see In the 
Matter of Certain Devices for Connecting Computers via Telephone Lines, 
Inv. No. 337-TA-360, USITC Pub. No. 2843 (December 1994) (Commission 
Opinion).
    If the Commission contemplates some form of remedy, it must 
consider the effects of that remedy upon the public interest. The 
factors the Commission will consider in this investigation include the 
effect that an exclusion order would have on (1) the public health and 
welfare, (2) competitive conditions in the U.S. economy, (3) U.S. 
production of articles that are like or directly competitive with those 
that are subject to investigation, and (4) U.S. consumers. The 
Commission is therefore interested in receiving written submissions 
that address the aforementioned public interest factors in the context 
of this investigation.
    If the Commission orders some form of remedy, the President has 60 
days to approve or disapprove the Commission's action. During this 
period, the subject articles would be entitled to enter the United 
States under a bond, in an amount determined by the Commission and 
prescribed by the Secretary of the Treasury. The Commission is 
therefore interested in receiving submissions concerning the amount of 
the bond that should be imposed.
    Written Submissions: The parties to the investigation, interested 
government agencies, and any other interested parties are encouraged to 
file written submissions on remedy, the public interest, and bonding. 
Such submissions should address the September 23, 2004 recommended 
determination by the ALJ on remedy and bonding. Complainants and the 
Commission's investigative attorney are also requested to submit 
proposed orders for the Commission's consideration. The written 
submissions and proposed orders must be filed no later than close of 
business on November 12, 2004. Reply submissions, if any, must be filed 
no later than the close of business on November 19, 2004. No further 
submissions on these issues will be permitted unless otherwise ordered 
by the Commission.
    Persons filing written submissions must file with the Office of the 
Secretary the original document and 14 true copies thereof 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 that the Commission should grant such 
treatment. See section 201.6 of the Commission's Rules of Practice and 
Procedure, 19 CFR 201.6. Documents for which confidential treatment by 
the Commission is sought 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, 19 U.S.C. 1337, and sections 210.16 and 210.42 of 
the Commission's Rules of Practice and Procedure, 19 CFR 210.16, 
210.42.

    Issued: October 19, 2004.

    By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 04-23883 Filed 10-25-04; 8:45 am]
BILLING CODE 7020-02-P