Federal Register / Vol. 69, No. 223 / Friday, November 19, 2004 / Notices 67757

Mission-Herring Barn (Byre and Bluff Barns 

of Doniphan County TR), US 36, Highland 

vicinity, 86003535

[FR Doc. 04–25656 Filed 11–18–04; 8:45 am] 

BILLING CODE 4312–51–P

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.

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 § 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