[Federal Register Volume 72, Number 55 (Thursday, March 22, 2007)]
[Notices]
[Pages 13513-13514]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-5175]


-----------------------------------------------------------------------

INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-575]


In the Matter of Certain Lighters; Notice of a Commission 
Determination Not To Review an Initial Determination Granting 
Complainants' Motion for Summary Determination That a Domestic Industry 
Exists and That There Is a Violation of Section 337; Schedule for 
Filing Written Submissions on Remedy, Public Interest, and Bonding

AGENCY: U.S. 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'') of the presiding administrative law judge (``ALJ'') in the 
above-captioned investigation granting complainants'' motion for 
summary determination that a domestic industry exists and that there is 
a violation of section 337. The Commission has also issued a briefing 
schedule for submissions on remedy, the public interest, and bonding.

FOR FURTHER INFORMATION CONTACT: Michael K. Haldenstein, Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street, 
SW., Washington, DC 20436, telephone (202) 205-3041. Copies of the 
public version of the ALJ's ID and all other 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 this matter can be obtained by contacting 
the Commission's TDD terminal on 202-205-1810.

SUPPLEMENTARY INFORMATION: The Commission instituted this investigation 
on June 20, 2006, based on a complaint, as supplemented, filed by Zippo 
Manufacturing Company, Inc., of Bradford, Pennsylvania, and ZippMark, 
Inc. of Wilmington, Delaware (collectively ``Zippo''), alleging 
violations of section 337 of the Tariff Act of 1930 in the importation 
into the United States, the sale for importation, and the sale within 
the United States after importation of certain lighters by reason of 
infringement of United States Trademark Registration No. 2,606,241 
(``the `241 mark''). 71 FR 35450 (June 20, 2006). The complaint further 
alleged that an industry in the United States exists or is in the 
process of being established as required by subsection(a)(2) of section 
337. Complainants requested that the Commission issue a general 
exclusion order and cease and desist orders. The ALJ set July 20, 2007, 
as the target date for completion of the investigation.
    The complaint named seven respondents: Tung Fong International 
Promotion Co., Ltd. of Hong Kong;

[[Page 13514]]

Wenzhou Star Smoking Set Co., Ltd. of China; Taizhou Rongshi Lighter 
Development Co., Ltd. of China; Wenzhou Tailier Smoking Set Co., Ltd. 
of China; Vista Wholesale of Greencastle, Indiana; beWild.com of 
Bellmore, New York; and Kalan LP of Landsdowne, Pennsylvania. 
Respondents Kalan and Wenzhou Star Smoking Set Company were terminated 
from the investigation on the basis of settlement agreements. The 
remaining five respondents were found to be in default by the ALJ and 
the Commission did not review that determination.
    On November 7, 2006, complainants filed a motion seeking summary 
determination with respect to the domestic industry requirement and 
violation of section 337. Complainants also requested that the ALJ 
recommend a general exclusion order and a 100 percent bond during the 
Presidential review period. The Commission investigative attorney 
supported the motion for summary determination and the requested 
recommendation on remedy and bonding. No respondents responded to the 
motion.
    On February 21, 2007, the ALJ issued an ID finding the domestic 
industry requirement satisfied, finding a violation of section 337, and 
containing a recommended determination on remedy and bonding. The ALJ 
found a violation of section 337 based on his conclusion that there are 
no genuine issues of material fact that respondents' accused products 
infringe the `241 mark and that a domestic industry exists as required 
by 19 U.S.C. 1337(a)(2). He recommended issuance of a general exclusion 
order and that the amount of bond for temporary importation during the 
Presidential review period be set at 100 percent of the entered value 
of the articles concerned. No petitions for review were filed and the 
Commission has determined not to review the ID.
    In connection with the final disposition of this investigation, the 
Commission may issue an order that results in the exclusion of the 
subject articles from entry into the United States. 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, the party 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). When 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 include 
the effect that an exclusion order and/or cease and desist orders 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. When the Commission 
orders some form of remedy, the U.S. Trade Representative, as delegated 
by the President, has 60 days to approve or disapprove the Commission's 
action. See Presidential Memorandum of July 21, 2005, 70 FR 43251 (July 
26, 2005). During this period, the subject articles would be entitled 
to enter the United States under 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 if a remedy is ordered.
    Written Submissions: Parties to the investigation, interested 
government agencies, and any other interested parties are encouraged to 
file written submissions on the issues of remedy, the public interest, 
and bonding. Such submissions should be no more than twenty-five (25) 
pages and should address the recommended determination by the ALJ on 
remedy and bonding. The complainants and the Commission investigative 
attorney are also requested to submit proposed remedial orders for the 
Commission's consideration. Complainants are also requested to state 
the HTSUS numbers under which the accused products are imported. The 
written submissions and proposed remedial orders must be filed no later 
than close of business on March 29, 2007. Reply submissions must be 
filed no later than the close of business on April 5, 2007. No further 
submissions on these issues will be permitted unless otherwise ordered 
by the Commission. Persons filing written submissions must file the 
original document and 12 true copies thereof on or before the deadlines 
stated above with the Office of the Secretary. Any person desiring to 
submit a document 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 why the Commission should grant such 
treatment. See 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.
    The authority for the Commission's determination is contained in 
section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, and 
in sections 210.42-46 of the Commission's Rules of Practice and 
Procedure, 19 CFR 210.42-46.

    By order of the Commission.

    Issued: March 15, 2007.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E7-5175 Filed 3-21-07; 8:45 am]
BILLING CODE 7020-02-P