[Federal Register Volume 62, Number 157 (Thursday, August 14, 1997)]
[Notices]
[Pages 43549-43550]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-21577]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-391]


Notice of Commission Determinations Not To Review Three Initial 
Determinations Terminating the Investigation as to Respondents MAS 
Marketing, Inc. and Lollipop Imports & Exports on the Basis of Consent 
Orders and Terminating the Investigation as to Respondents Shumei 
Industrial Co., Ltd. and Shummi Enterprise Co., Ltd. on the Basis of a 
Finding of Violation of Section 337; Issuance of Consent Orders

    In the matter of Certain Toothbrushes and the Packaging Thereof.

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 three initial determinations 
(IDs) of the presiding administrative law judge (ALJ) in the above-
captioned investigation (Orders Nos. 6, 7, and 8). Orders Nos. 6 and 7 
granted motions to terminate the investigation as to respondents MAS 
Marketing, Inc. (MAS) and Lollipop Imports & Exports (Lollipop) on the 
basis of consent orders. Order No. 8 terminated the investigation as to 
respondents Shumei Industrial Co., Ltd. (Shumei) and Shummi Enterprise 
Co., Ltd. (Shummi) on the basis of a finding of violation of section 
337 of the Tariff Act of 1930.

FOR FURTHER INFORMATION CONTACT: Anjali K. Hansen, Esq., Office of the 
General Counsel, U.S. International Trade Commission, telephone 202-
205-3117.

SUPPLEMENTARY INFORMATION: The Commission instituted this investigation 
on November 22, 1996, based on a complaint filed by The Procter & 
Gamble Company (P&G) concerning allegations of unfair acts in violation 
of section 337 in the importation and sale of certain toothbrushes 
covered by U.S. Letters Patent Des. 328,392 (`392 patent). The 
complaint, as amended, also alleged copyright infringement by certain 
respondents, but those allegations were subsequently withdrawn from the 
investigation.
    On March 27, 1997, P&G and respondent Lollipop moved jointly to 
terminate the investigation as to Lollipop on the basis of a consent 
order. The Commission investigative attorney (IA) supported Lollipop's 
motion after certain amendments were made at the IA's suggestion to the 
proposed consent order and consent order stipulation. On July 2, 1997, 
the presiding ALJ issued an ID granting complainant's motion, as 
amended (Order No. 7). On May 6, 1997, respondent MAS filed a motion to 
terminate the investigation with respect to MAS on the basis of a 
consent order. Complainant P&G did not oppose the motion. The IA filed 
a response in support of the motion. On July 2, 1997, the ALJ issued an 
ID granting the motion (Order No. 6).
    On April 8, 1997, P&G and respondents Shumei and Shummi filed a 
joint motion for entry of a limited exclusion order against Shumei and 
Shummi. On April 18, 1997, the IA filed a response in support of 
complainant's motion. On July 2, 1997, the ALJ issued an ID granting 
the joint motion (Order No. 8), which he deemed to be a motion for 
summary determination of violation of section 337 by Shumei and Shummi. 
On July 2, 1997, the ALJ also issued a recommended determination on 
remedy and bonding. The ALJ recommended that the Commission issue a 
limited exclusion order prohibiting the importation of infringing 
toothbrushes made by Shumei or Shummi, and that the Commission set a 
bond in the amount of 100 percent of the entered value of the 
infringing articles during the Presidential review period.
    No petitions for review of any of the IDs were received.
    The Commission will decide the issues of remedy, the public 
interest, and bonding in this investigation at a later date when the 
status of the sole remaining respondent, Giftline International 
Corporation, has been resolved.
    This action is taken under the authority of section 337 of the 
Tariff Act of 1930, as amended (19 U.S.C. 1337), and section 210.42 of 
the Commission's Rules of Practice and Procedure (19 C.F.R. 210.42).
    Copies of the nonconfidential versions of the IDs 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, S.W., Washington, D.C. 
20436, telephone 202-205-2000. Hearing impaired persons are advised 
that information on the matter can be obtained by contacting the 
Commission's TDD terminal at 202-205-1810.

    Issued: August 8, 1997.


[[Page 43550]]


    By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 97-21577 Filed 8-13-97; 8:45 am]
BILLING CODE 7020-02-P