[Federal Register Volume 69, Number 223 (Friday, November 19, 2004)]
[Notices]
[Page 67757]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-25659]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-486, Enforcement Proceedings]


In the Matter of Certain Agricultural Tractors, Lawn Tractors, 
Riding Lawnmowers, and Components Thereof; Notice of Institution of 
Formal Enforcement Proceedings

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 instituted a formal enforcement proceeding relating to 
the remedial order issued at the conclusion of the above-captioned 
investigation.

FOR FURTHER INFORMATION CONTACT: Michael K. Haldenstein, Esq., 
telephone (202) 205-3041, Office of the General Counsel, U.S. 
International Trade Commission, 500 E Street, SW., Washington, DC 
20436. 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 also 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-ON-LINE) 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 February 10, 2003, based on a complaint and motion for temporary 
relief filed on behalf of New Holland North America, Inc. 
(``complainant'') of New Holland, Pennsylvania. 68 FR 6772 (Feb. 10, 
2003). The complaint alleged violations of section 337 of the Tariff 
Act of 1930 in the importation into the United States, sale for 
importation, and sale within the United States after importation of 
certain tractors and components thereof by reason of infringement of 
New Holland's trade dress. The notice of investigation identified three 
respondents: Beiqi Futian Automobile Co., Ltd. (``Futian'') of Beijing, 
China; Cove Equipment, Inc. of Conyers Georgia; and Northwest Products, 
Inc. of Auburn, Washington.
    On March 5, 2003, complainant moved pursuant to section 337(g) and 
Commission rule 210.16 for issuance of an order directing respondent 
Futian to show cause why it should not be found in default. On March 7, 
2003, the presiding administrative law judge (``ALJ'') issued Order No. 
4, which ordered Futian to show cause why it should not be found in 
default. Order No. 4 noted Futian's failure to respond to the complaint 
and notice of investigation or otherwise to acknowledge the existence 
of this proceeding. Futian did not respond to the order to show cause. 
On March 19, 2003, the ALJ issued an initial determination (``ID'') 
finding Futian in default pursuant to Commission rules 210.16(a) and 
(b), and ruling that it had waived its right to appear, to be served 
with documents, and to contest the allegations at issue in the 
investigation. On March 25, 2003, the Commission determined not to 
review that ID. On April 2, 2003, complainant filed a declaration 
pursuant to section 337(g)(1) and Commission rule 210.16(c)(1) seeking 
the immediate entry of permanent default relief against respondent 
Futian.
    On May 2, 2003, after determining not to review an ID terminating 
the last respondent on the basis of a consent order, the Commission 
requested briefing on the issues of remedy, the public interest, and 
bonding as no respondents remained in the investigation. 68 FR 23497. 
Only the complainant and the Commission investigative attorney (``IA'') 
submitted briefs on the issues of remedy, the public interest, and 
bonding.
    The complainant and the IA agreed that a limited exclusion order 
was appropriate and the Commission issued a limited exclusion order. 
The complainant also sought a cease and desist order against the 
foreign respondent Futian, but the Commission declined to draw an 
adverse inference of commercially significant inventories in the United 
States and did not issue a cease and desist order.
    On August, 2, 2004, the complainant, now known as CNH America LLC, 
filed the instant petition for modification of the limited exclusion 
order and complaint seeking enforcement proceedings. The complainant 
asserts that Futian, now known as Beiqi Foton Motor Co., Ltd., 
continues to export infringing tractors to the United States. The 
complainant contends that Beiqi Foton Motor Co. has circumvented the 
limited exclusion order by renaming and remarking infringing tractors. 
Complainant also alleged that Shandong Worldbest Shantou Co. (Shandong) 
is related to Futian, and therefore subject to the limited exclusion 
order. Complainant also requested that the Commission modify the 
limited exclusion order by replacing it with a general exclusion order 
and various cease and desist orders in order to prevent alleged 
circumvention of the limited exclusion order.
    The Commission, having examined the complaint seeking a formal 
enforcement proceeding, and having found that the complaint complies 
with the requirements for institution of a formal enforcement 
proceeding contained in Commission Rule 210.75, determined to institute 
formal enforcement proceedings to determine whether Beiqi Foton Motor 
Co. Ltd. and Shandong are in violation of the Commission's limited 
exclusion order issued in the investigation, and what if any 
enforcement measures are appropriate. The following entities are named 
as parties to the formal enforcement proceeding: (1) Complainant CNH 
America LLC; (2) respondent Beiqi Foton Motor Co. Ltd.; (3) respondent 
Shandong Worldbest Shantou Co., Ltd., and (4) a Commission 
investigative attorney to be designated by the Director, Office of 
Unfair Import Investigations.
    Having examined the petition for modification proceedings filed by 
CNH America LLC, and having found that the request does not comply with 
the requirements for institution of modification proceedings described 
in Commission Rule 210.76, in that the complaint provides no argument 
concerning the legal basis for the broad modification sought, the 
Commission has denied the petition for modification proceedings.
    This action is taken under the authority of section 337 of the 
Tariff Act of 1930, as amended (19 U.S.C. 1337), and Sec.  210.75 of 
the Commission's Rules of Practice and Procedure (19 CFR 210.75).

    Issued: November 15, 2004.
    By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 04-25659 Filed 11-18-04; 8:45 am]
BILLING CODE 7020-02-P