[Federal Register Volume 69, Number 248 (Tuesday, December 28, 2004)]
[Notices]
[Pages 77776-77777]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-28337]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-500]


In the Matter of Certain Purple Protective Gloves; Notice of 
Issuance of General Exclusion Order and Termination of the 
Investigation

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 to issue a general exclusion order in the 
above-captioned investigation and has terminated the investigation.

[[Page 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