[Federal Register Volume 72, Number 57 (Monday, March 26, 2007)]
[Notices]
[Page 14138]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-5405]


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INTERNATIONAL TRADE COMMISSION

[ Investigation No. 337-TA-582]


In the Matter of Certain Hydraulic Excavators and Components 
Thereof; Notice of Commission Decision Not To Review Initial 
Determinations Granting Joint Motions To Terminate Investigation as to 
Certain Respondents

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 not to review the presiding administrative 
law judge's (``ALJ'') initial determinations (``IDs'') (Orders No. 18 
and 19) granting joint motions to terminate the above-captioned 
investigation as to certain respondents.

FOR FURTHER INFORMATION CONTACT: Jonathan J. Engler, Esq., Office of 
the General Counsel, U.S. International Trade Commission, 500 E Street, 
SW., Washington, DC 20436, telephone (202) 205-3112. Copies of the 
ALJ's IDs and all other non-confidential 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 at 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: On August 29, 2006, the Commission 
instituted this investigation, based on a complaint filed by 
Caterpillar Inc. (``Caterpillar'') of Peoria, Illinois. The complaint 
alleges violations of section 337 in the importation into the United 
States, the sale for importation, and the sale within the United States 
after importation of certain hydraulic excavators and components 
thereof by reason of infringement of U.S. Trademark Registration No. 
2,140,606, U.S. Trademark Registration No. 2,421,077, U.S. Trademark 
Registration No. 2,140,605, and U.S. Trademark Registration No. 
2,448,848. The complaint further alleges that an industry in the United 
States exists as required by subsection (a)(2) of section 337. The 
complainants requested that the Commission issue a general exclusion 
order and cease and desist orders. The complaint named twenty (20) 
firms as respondents. Two respondents have been found in default.
    On January 26, 2007, joint motions between Caterpillar and 
Respondents Deanco Auction Co. Of Mississippi Inc., Petrowsky 
Auctioneers, Inc., Ritchie Bros. Auctioneers, Inc., and Ritchie 
Brothers Auctioneers (America), Inc. (collectively, the ``Auctioneer 
Respondents'') and between Caterpillar and Respondents Musselman 
Construction Co., d/b/a Musselman Rentals and Sales, Tractorland 
Equipment Co., Inc., and Pacific Rim Machinery, Inc. (collectively, the 
``Non-Auctioneer Respondents'') were filed seeking termination of this 
investigation based upon settlement agreements.
    On February 21, 2007, the ALJ issued the subject IDs (Order Nos. 18 
& 19) terminating the investigation as to the Auctioneer Respondents 
and Non-Auctioneer Respondents on the basis of settlement agreements. 
The ALJ found no indication that termination of the investigation as to 
these respondents on the basis of the settlement agreements would 
adversely affect the public interest, and that the procedural 
requirements for terminating the investigation had been met. No 
petitions for review were filed.
    The Commission has determined not to review the IDs.
    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 section 210.42 of the Commission's Rules of Practice and Procedure 
(19 CFR 210.42).

     Issued: March 20, 2007.

    By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
 [FR Doc. E7-5405 Filed 3-23-07; 8:45 am]
BILLING CODE 7020-02-P