Federal Register / Vol. 62, No. 43 / Wednesday, March 5, 1997 / Notices 10069

comments should be submitted by

March 20, 1997.

Carol D. Shull,

Keeper of the National Register.

Colorado

San Juan County

Silverton Historic District (Boundary

Increase), Roughly, along CO 110 and

aerial tramway from Lodore Mine to

Mayflower Mine, Silverton vicinity,

97000247

Florida

Sarasota County

Burns, William J., House, 47 S. Washington

Dr., Sarasota, 97000248

Georgia

Bartow County

Harris, Corra White, House, Study, and

Chapel, 659 Mt. Pleasant Rd., NE., Rydal,

97000249

Richmond County

Church of the Most Holy Trinity, 720 Telfair

St., Augusta, 97000250

Mississippi

Bolivar County

Sillers, Walter, Sr., House, 307 Levee St.,

Rosedale, 97000252

Humphreys County

Parker—Summerfield Mound Archeological

Site, Address Restricted, Midnight vicinity,

97000251

Montana

Chouteau County

Geraldine Milwaukee Depot, Railroad Ave.,

SW of MT 80, Geraldine vicinity, 97000254

Mineral County

Superior School, River Rd., approximately

.25 mi N of US 10, Superior vicinity,

97000253

North Carolina

Lee County

Rosemount—McIver Park Historic District,

Roughly bounded by N. Horner Blvd., N.

Vance and Carthage Sts., Sanford,

97000255

New Hanover County

Joy Lee Apartment Building and Annex, 317

Carolina Beach Ave., N., Carolina Beach,

97000256

Tennessee

Roane County

Valley View Farm, 160 Martin Rd., Harriman,

97000257

Texas

Galveston County

Balinese Room, 2107 Seawall Blvd.,

Galveston, 97000258

Marion County

Hodge—Taylor House, Approximately 1 mi.

NW of jct. of TX 49 and US 59 Jefferson

vicinity, 97000259

Utah

Cache County

Bankhead, Heber K. and Rachel H., House,

185 E. 800 South, Wellsville, 97000261

West Virginia

Jefferson County

Downtown Charles Town Historic District,

Roughly, Washington, Liberty and

Congress Sts. from eastern town limits to

Water St., Charles Town, 97000263

Mingo County

Mountaineer Hotel, 31 E. 2nd Ave.,

Williamson, 97000265

Putnam County

Asbury House, 2922 Putnam Ave., Hurricane,

97000266

Webster County

Lowther Store, Co. Rt. 3, jct. with WV 20,

Wheeler vicinity, 97000264

Wisconsin

Green Lake County

Luther, J. P., Company Glove Factory, 139 S.

Pearl St., Berlin, 97000267

Princeton Downtown Historic District,

Roughly, W. Water St. from Pearl to

Washington Sts. Princeton, 97000271

Milwaukee County

Wauwatosa Arcade Building, 7210—26 W.

North Ave., Wauwatosa, 97000270

Sauk County

Ringling, Charles, House, 201 8th St.,

Baraboo, 97000268

Wood County

Central Wisconsin State Fair Round Barn, Jct.

of Vine Ave. and E. 17th St., Marshfield,

97000269

[FR Doc. 97–5310 Filed 3–4–97; 8:45 am]

BILLING CODE 4310–70–P

INTERNATIONAL TRADE

COMMISSION

[Investigation No. 337–TA–380]

Certain Agricultural Tractors Under 50

Power Take-Off Horsepower; Issuance

of General Exclusion Order and Cease

and Desist Orders

AGENCY: International Trade

Commission.

ACTION: Notice.

SUMMARY: Notice is hereby given that

the U.S. International Trade

Commission has issued a general

exclusion order and eleven cease and

desist orders in the above-captioned

investigation.

FOR FURTHER INFORMATION CONTACT:

Shara L. Aranoff, Esq., Office of the

General Counsel, U.S. International

Trade Commission, 500 E Street, SW.,

Washington, DC 20436, telephone 202–

205–3090.

SUPPLEMENTARY INFORMATION: 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

§§ 210.45 and 210.50 of the

Commission’s rules of practice and

procedure (19 CFR 210.45 and 210.50).

This trademark-based section 337

investigation was instituted by the

Commission on February 14, 1996,

based on a complaint filed by Kubota

Tractor Corporation (‘‘KTC’’), Kubota

Manufacturing of America (‘‘KMA’’),

and Kubota Corporation (‘‘KBT’’)

(collectively ‘‘complainants’’).

Complainants alleged unfair acts in

violation of section 337 of the Tariff Act

of 1930 (19 U.S.C. 1337) in the

importation, sale for importation, and/or

the sale within the United States after

importation, of certain agricultural

tractors under 50 power take-off

horsepower, by reason of infringement

of complainants’ four registered

trademarks, U.S. Reg. Nos. 922,330

(‘‘KUBOTA’’ in block letters), 1,775,620

(‘‘KUBOTA’’ stylized), 1,028,221 (Gear

Design), and 1,874,414 (stylized ‘‘K’’).

The Commission’s notice of

investigation named 20 respondents:

Eisho World Ltd., Nitto Trading

Corporation, Nitto Trading Co. Ltd.,

Sanko Industries Co., Ltd., Sonica

Trading, Inc., Suma Sangyo, Toyo

Service Co., Ltd., Bay Implement

Company, Casteel Farm Implement Co.

of Monticello, Arkansas, Casteel Farm

Implement Co. of Pine Bluff, Arkansas,

Casteel World Group, Inc., Gamut

Trading Co., Gamut Imports, Lost Creek

Tractor Sales, MGA, Inc. Auctioneers,

Tom Yarbrough Equipment Rental and

Sales, Inc., The Tractor Shop, Tractor

Company, Wallace International

Trading Co. and Wallace Import

Marketing Co. Inc. 61 FR 6802 (Feb. 22,

1996).

On May 29, 1996, the Commission

determined not to review an ID (Order

No. 13) finding respondents Tractor

Company, Sonica Trading, and Toyo

Service in default pursuant to

Commission rule 210.16 (19 CFR

201.16), and ruling that they had waived

their respective rights to appear, to be

served with documents, and to contest

the allegations at issue in the

investigation. On June 19, 1996, the

notice of investigation was amended to

add Fujisawa Trading Company as a

respondent. On September 25, 1996, the

Commission issued a consent order

terminating the investigation as to

respondent Nitto Trading Corporation.

On September 30, 1996, the

Commission issued a consent order

terminating the investigation as to
10070 Federal Register / Vol. 62, No. 43 / Wednesday, March 5, 1997 / Notices

1The record is defined in § 207.2(f) of the

Commission’s rules of practice and procedure (19

CFR 207.2(f)).

2Chairman Miller dissenting.

3The imported products subject to this

investigation, as defined by the U.S. Department of

Commerce, are beryllium metal and high-beryllium

alloys with a beryllium content equal to or greater

than 30 percent by weight, whether in ingot, billet,

powder, block, lump, chunk, blank, or other

semifinished form. These are intermediate or

semifinished products that require further

machining, casting, and/or fabricating into sheet,

extrusions, forgings, or other shapes in order to

meet the specifications of the end user. Beryllium

metal and high-beryllium alloys in which beryllium

predominates over all other metals are provided for

in subheadings 8112.11.30 and 8112.11.60 of the

Harmonized Tariff Schedules of the United States

respondent Tom Yarbrough Equipment

Rental and Sales, Inc.

On August 21, 1996, the Commission

determined not to review an initial

determination (ID) (Order No. 40)

granting complainants’ motion for

summary determination that

complainants’ four trademarks are valid

and that the ‘‘KUBOTA’’ (block letters)

and Gear Design marks are

incontestable. On September 6, 1996,

the Commission determined not to

review an ID (Order No. 47) granting

complainants’ motion for summary

determination that a domestic industry

exists with respect to the ‘‘KUBOTA’’

(block letters) and ‘‘KUBOTA’’ (stylized)

trademarks.

The presiding administrative law

judge (ALJ) held an evidentiary hearing

on the merits between August 29 and

September 7, 1996, and heard closing

arguments on October 24, 1996. The ALJ

issued his final ID finding a violation of

section 337 on November 22, 1996. He

found that there had been imports of the

accused products; that 24 specific

models of the accused tractors infringed

the ‘‘KUBOTA’’ (block letters)

trademark (U.S. Reg. No. 922,330); that

one model of the accused tractors, the

KBT L200, did not infringe the

‘‘KUBOTA’’ (block letters) trademark;

that none of the 25 accused KBT models

considered infringed the ‘‘KUBOTA’’

(stylized) trademark (U.S. Reg. No.

1,775,620); and that complainants were

no longer asserting violations of section

337 based on infringement of the

stylized ‘‘K’’ and ‘‘Gear Design’’

trademarks.

On January 9, 1997, the Commission

determined to review (1) the finding of

no infringement and no violation with

respect to the KBT model L200 tractor;

and (2) the decision to limit

infringement analysis to 25 models of

accused tractors rather than all models

of KBT tractors as to which there is

evidence of importation and sale in the

United States.

The Commission determined not to

review the ID in all other respects. On

review, the Commission requested that

the parties address the following issues:

(1) Whether the fact that gray market KBT

model L200 tractors are imported and sold

bearing Japanese-language labels constitutes

a ‘‘material difference’’ from the authorized

KTC model L200 tractors sufficient to

establish a likelihood of consumer confusion;

(2) Whether evidence on the record in this

investigation demonstrates that specific KBT

models other than the 25 identified on (Staff

Exhibit) SX–1 have been imported and sold

in the United States; and, if so,

(3) Whether evidence on the record in this

investigation demonstrates that any specific

KBT model identified in number (2) above

was imported and sold in the United States

bearing Japanese-language labels or is

otherwise materially different than the

closest corresponding KTC model with

respect to any of the differences found to be

‘‘material’’ in the ID.

In addition, the Commission requested

written submissions on the issues of

remedy, the public interest, and

bonding. 62 FR 2179 (Jan. 15, 1997).

Submissions and reply submissions

on remedy, the public interest, and

bonding and on the issues under review

were received from complainants,

respondents, and the Commission

investigative attorney (IA). In addition,

complainants filed a request for oral

hearing pursuant to Commission rule

210.45, complainants filed a request to

strike pages 4–20 of respondents’’ brief

on review, respondents filed a request to

strike certain consumer survey

information submitted by complainants

and to sanction complainants for

submitting that information,

complainants filed a motion for leave to

file a surreply brief in response to the

reply brief filed by the IA, and

respondents filed an objection to

complainants’’ surreply brief.

Having reviewed the record in this

investigation, including the written

submissions of the parties, the

Commission has determined (1) to

reverse the ALJ’s finding of no

infringement and no violation by the

KBT model L200 tractor; (2) to find a

violation of section 337 with respect to

20 models of KBT tractors in addition to

the 25 models considered by the ALJ;

and (3) to deny complainants’’ request

for oral hearing, both requests to strike,

respondents’’ request for sanctions, and

complainants’’ motion for leave to file a

surreply brief. The Commission has

further determined that the appropriate

form of relief is a general exclusion

order prohibiting the unlicensed entry

for consumption of agricultural tractors

under 50 power take-off horsepower

manufactured by Kubota Corporation of

Japan that infringe the federallyregistered U.S. trademark ‘‘KUBOTA’’

(Reg. No. 922,330) and eleven cease and

desist orders directed to respondents

Bay Implement Company, Casteel World

Group, Inc. (and related entities), Gamut

Trading Co. (and related entities), Lost

Creek Tractor Sales, MGA, Inc.

Auctioneers, The Tractor Shop, Tractor

Company, and Wallace International

Trading Co. prohibiting the importation,

sale for importation, or sale in the

United States after importation of

agricultural tractors under 50 power

take-off horsepower manufactured by

Kubota Corporation of Japan that

infringe the federally-registered U.S.

trademark ‘‘KUBOTA’’ (Reg. No.

922,330).

The Commission has also determined

that the public interest factors

enumerated in subsections 1337(d) and

(f) do not preclude the issuance of the

general exclusion order and cease and

desist orders, and that the bond during

the Presidential review period shall be

in the amount of 90 percent of the

entered value of the articles in question.

Copies of the Commission’s order, the

public version of the Commission’s

opinion in support thereof, 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: February 25, 1997.

By order of the Commission.

Donna R. Koehnke,

Secretary.

[FR Doc. 97–5408 Filed 3–4–97; 8:45 am]

BILLING CODE 7020–02–P

[Investigation No. 731–TA–746 (Final)]

Beryllium Metal and High-Beryllium

Alloys From Kazakstan

Determination

On the basis of the record 1 developed

in the subject investigation, the United

States International Trade Commission

determines,2 pursuant to section 735(b)

of the Tariff Act of 1930 (19 U.S.C.

1673d(b)) (the Act), that an industry in

the United States is not materially

injured or threatened with material

injury, and the establishment of an

industry in the United States is not

materially retarded, by reason of

imports from Kazakstan of beryllium

metal and high-beryllium alloys,3 that