Federal Register / Vol. 69, No. 248 / Tuesday, December 28, 2004 / Notices 77777

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 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: This 

trademark-based section 337 

investigation was instituted by the 

Commission based on a complaint filed 

by Kimberly-Clark Corporation of Irving, 

Texas and Safeskin Corporation of 

Roswell, Georgia (collectively ‘‘K-C/

Safeskin’’). 68 FR 66491 (Nov. 26, 2003). 

K-C/Safeskin 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. 

Six of the seven respondents named 

in the complaint entered into settlement 

agreements with K-C/Safeskin. On May 

24, 2004, the administrative law judge 

(‘‘ALJ’’) issued an initial determination 

(‘‘ID’’) (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 ID (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 the IDs on 

June 22, 2004. 

The seventh respondent—Dash 

Medical Gloves, Inc. (‘‘Dash’’)—failed to 

file a timely response to the complaint 

and notice of investigation. Dash filed a 

motion for termination of the 

investigation as to it by entry of a 

consent order. Subsequently, in 

response to an order to show cause why 

it should not be held in default, Dash 

withdrew its request for termination by 

entry of consent and 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 ID on June 

22, 2004. 

On September 23, 2004, the ALJ 

issued an ID (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 of the ID. The ALJ 

recommended the issuance of a general 

exclusion order, and that the bond 

permitting temporary importation 

during the Presidential review period be 

set at 100 percent of the value of the 

infringing imported product. On 

October 19, 2004, the Commission 

determined not to review this ID, and 

issued a notice seeking comments on 

remedy, the public interest, and 

bonding. K-C/Safeskin and the 

Commission investigative attorney 

(‘‘IA’’) supported the recommendations 

of the ALJ in briefs filed on November 

12, 2004. The IA filed a reply on 

November 19, 2004. 

Having examined the relevant 

portions of the record in this 

investigation, including the ALJ’s 

recommended determination, and the 

written submissions on remedy, the 

public interest, and bonding, the 

Commission determined to issue a 

general exclusion order prohibiting 

unlicensed entry for consumption of 

purple protective gloves that infringe 

U.S. Registered Trademarks Nos. 

2,596,539, 2,533,260, or 2,593,382. The 

Commission also determined that the 

public interest factors enumerated in 

section 337(d) do not preclude the 

issuance of the aforementioned remedial 

order and that the bond during the 

Presidential review period shall be 100 

percent of the entered value of the 

articles in question. (The Commission’s 

order was delivered to the President on 

the day of its issuance.) 

This action is taken under the 

authority of section 337 of the Tariff Act 

of 1930 (19 U.S.C. 1337(d)(2)), and 

sections 210.41 and 210.50 of the 

Commission’s Rules of Practice and 

Procedure, (19 CFR 210.41 and 210.50).

By order of the Commission.

Issued: December 22, 2004. 

Marilyn R. Abbott, 

Secretary to the Commission.

[FR Doc. 04–28337 Filed 12–27–04; 8:45 am] 

BILLING CODE 7020–02–P

INTERNATIONAL TRADE 

COMMISSION 

[Inv. No. 337–TA–517] 

In the Matter of Certain Shirts With 

Pucker-Free Seams and Methods of 

Producing Same—Notice of Decision 

Not To Review an Initial Determination 

Partially Terminating the Investigation 

on the Basis of Withdrawal of Certain 

Allegations in the Complaint

AGENCY: International Trade 

Commission.

ACTION: Notice.

SUMMARY: Notice is hereby given that 

the U.S. International Trade 

Commission has determined not to 

review an initial determination (ID) 

issued by the presiding administrative 

law judge (ALJ) in the above-captioned 

investigation partially terminating the 

investigation on the basis of withdrawal 

of certain allegations in the complaint.

FOR FURTHER INFORMATION CONTACT:

Andrea Casson, Esq., Office of the 

General Counsel, U.S. International 

Trade Commission, 500 E Street, SW., 

Washington, DC 20436, telephone 202–

205–3104. 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) 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 August 3, 2004, based on a complaint 

filed by TAL Apparel Limited, 

TALTECH Limited, and The Apparel 

Group Limited (collectively ‘‘TAL.’’) 69 

FR 47857 (August 6, 2004.) The 

complaint alleges violations of section 

337 of the Tariff Act of 1930, 337 U.S.C. 

1337, in the importation into the United 

States, sale for importation, and/or sale 

within the United States after 

importation of certain shirts with 

pucker-free seams that infringe claims 1, 

4, 20 and 22 of U.S. Patent No. 

5,568,779 (the ‘779 patent); claims 1, 11, 

19 and 26 of U.S. Patent No. 5,590,615 

(the ‘615 patent); claims 1, 3, 13 and 16 

77778 Federal Register / Vol. 69, No. 248 / Tuesday, December 28, 2004 / Notices 

of U.S. Patent No. 5,713,292 (the ‘292 

patent); and claims 16, 19, 35 and 38 of 

U.S. Patent No. 6,0079,343 (the ‘343 

patent). The complaint names as 

respondents Esquel Apparel, Inc. and 

Esquel Enterprises Limited (collectively 

‘‘Esquel’’). On October 4, 2004, the 

Commission issued a notice of 

determination not to review an ID 

(Order No. 4) granting TAL’s motion to 

amend the complaint and notice of 

institution to amend the complaint to 

add an additional related patent, U.S. 

Patent No. 5,775,394 (the ‘394 patent) to 

the investigation. 69 FR 60422 (Oct. 8, 

2004). 

On October 4, 2004 TAL moved to 

withdraw the allegations of 

infringement with respect to the ‘292, 

‘343, and ‘394 patents. Neither Esquel 

nor the Commission investigative 

attorney opposed the motion. On 

November 29, 2004, the presiding 

administrative law judge issued an ID 

(Order No. 5) granting TAL’s motion to 

partially terminate the investigation on 

the basis of withdrawal of all allegations 

of infringement relating to the claims of 

the ‘292 patent, the ‘343 patent, and the 

‘394 patent. No petitions for review of 

the ID were filed. 

This action is taken under the 

authority of section 337 of the Tariff Act 

of 1930, 19 U.S.C. 1337, and sections 

210.21(a)(1) and 210.42(h) of the 

Commission Rules of Practice and 

Procedure, 19 CFR 210.21(a)(1) and 

210.42(h).

By order of the Commission.

Issued: December 21, 2004. 

Marilyn R. Abbott, 

Secretary to the Commission.

[FR Doc. 04–28338 Filed 12–27–04; 8:45 am] 

BILLING CODE 7020–02–P

INTERNATIONAL TRADE 

COMMISSION 

[Investigation No. TA–2104–18] 

U.S.-Central America Free Trade 

Agreement: Potential Economywide 

and Selected Sectoral Effects

AGENCY: International Trade 

Commission.

ACTION: Institution of investigation.

SUMMARY: Following receipt on 

November 17, 2004, of a request from 

the United States Trade Representative 

(USTR), the Commission instituted 

investigation No. TA–2104–18, U.S.-

Central America Free Trade Agreement: 

Potential Economywide and Selected 

Sectoral Effects, under section 2104(f) of 

the Trade Act of 2002 (19 U.S.C. 

3804(f)). 

Background 

As requested by the USTR, the 

Commission will prepare a report as 

specified in section 2104(f)(2)–(3) of the 

Trade Act of 2002 (the Trade Act) 

assessing the likely impact of the U.S. 

free trade agreement (FTA) with Costa 

Rica, El Salvador, Guatemala, Honduras, 

and Nicaragua (Central America) on the 

United States economy as a whole and 

on specific industry sectors and the 

interests of U.S. consumers. 

Section 2104(f)(2) requires that the 

Commission submit its report to the 

President and the Congress not later 

than 90 days after the President enters 

into the agreement, which he can do 90 

days after he notifies the Congress of his 

intent to do so. The President notified 

Congress of his intent to enter into an 

FTA with Central America on February 

20, 2004. At that time, the President also 

stated that negotiations were under way 

to integrate the Dominican Republic 

into the FTA with Central America. 

That FTA was signed on August 5, 2004, 

and the Commission provided its report 

(U.S.-Central America-Dominican 

Republic Free Trade Agreement: 

Potential Economywide and Selected 

Sectoral Effects, Inv. No. TA-2104–13, 

publication 3717) on August 27, 2004. A 

public hearing for that investigation was 

held on April 27, 2004. 

In his letter the USTR stated that the 

Dominican Republic subsequently (on 

October 1, 2004) enacted a tax on 

beverages sweetened with high fructose 

corn syrup that the United States 

regards as incompatible with the 

Dominican Republic’s obligations under 

the signed FTA. He said that as a result 

of that action he informed Congress on 

October 1, 2004, that he would not 

recommend including the Dominican 

Republic in the legislation to implement 

the FTA signed on August 5, 2004 if the 

Dominican tax remained in place, and 

that the Administration would take 

steps to move forward with an FTA with 

the Central American countries. He said 

that the FTA with the Central American 

countries ‘‘otherwise is the same as the 

one that the Commission has already 

assessed’’ that included the Dominican 

Republic. In his letter requesting a new 

Commission report, the USTR asked the 

Commission to supplement its August 

27 report by assessing the likely impact 

of a free trade agreement with Central 

America on the United States economy 

as a whole and on specific industry 

sectors and the interests of U.S. 

consumers. 

As specified in section 2104(f)(2)–(3) 

of the Trade Act, the Commission’s 

report will assess the likely impact of 

the FTA on the United States economy 

as a whole and on specific industry 

sectors, including the impact the 

agreement will have on the gross 

domestic product, exports and imports, 

aggregate employment and employment 

opportunities, the production, 

employment, and competitive position 

of industries likely to be significantly 

affected by the FTA, and the interests of 

U.S. consumers. In preparing its 

assessment, the Commission will review 

available economic assessments 

regarding the FTA, including literature 

regarding any substantially equivalent 

proposed agreement, and provide in its 

assessment a description of the analyses 

used and conclusions drawn in such 

literature, and a discussion of areas of 

consensus and divergence between the 

various analyses and conclusions, 

including those of the Commission 

regarding the agreement. Section 

2104(f)(2) requires that the Commission 

submit its report to the President and 

Congress not later than 90 days after the 

President enters into an agreement with 

the five Central American countries.

EFFECTIVE DATE: December 28, 2004.

FOR FURTHER INFORMATION CONTACT:

James Stamps, Project Leader, Office of 

Economics (202–205–3227 or 

james.stamps@usitc.gov). For 

information on the legal aspects of this 

investigation, contact William Gearhart 

of the Office of the General Counsel 

(202–205–3091 or 

william.gearhart@usitc.gov). For media 

information, contact Peg O’Laughlin 

(202–205–1819). Hearing impaired 

individuals are advised that information 

on this matter can be obtained by 

contacting the TDD terminal on (202–

205–1810). 

Public Hearing: A public hearing in 

connection with this investigation is 

scheduled to begin at 9:30 a.m. on 

January 18, 2005, at the U.S. 

International Trade Commission 

Building, 500 E Street SW., Washington, 

DC. All persons have the right to appear 

by counsel or in person, to present 

information, and to be heard. Persons 

wishing to appear at the public hearing 

should file a letter with the Secretary, 

United States International Trade 

Commission, 500 E Street, SW., 

Washington, DC 20436, no later than the 

close of business (5:15 p.m.) on January 

4, 2005. In addition, persons appearing 

should file prehearing briefs (original 

and 14 copies) with the Secretary by the 

close of business on January 4, 2005. 

Posthearing briefs should be filed with 

the Secretary by the close of business on 

January 26, 2005. In the event that no 

requests to appear at the hearing are 

received by the close of business on 

January 4, 2005, the hearing will be