Federal Register / Vol. 62, No. 10 / Wednesday, January 15, 1997 / Notices 2179

New Hanover County

Wilmington National Cemetery (Civil War

Era National Cemeteries MPS), 2011

Market St., Wilmington, 97000021

Wake County

Raleigh National Cemetery (Civil War Era

National Cemeteries MPS) 501 Rock

Quarry Rd., Raleigh, 97000022

VERMONT

Grand Isle County

South Stone School House (Educational

Resources of Vermont MPS) VT 129, jct.

with Quarry Rd., Isle LaMotte, 97000025

Rutland County

Kidder, Asahel, House, VT 22A, S of jct. with

Bolger Rd., Fair Haven, 97000024

Windsor County

King Farm, The (Agricultural Resources of

Vermont MPS) King Farm Rd., .5 mi. N of

jct with US 4, Woodstock, 97000026

WASHINGTON

Pend Oreille County

United States Border Station, Roughly

bounded by WA 31 and the U.S.-Canadian

border, Colville National Forest, Metaline

Falls vicinity, 96001634

[FR Doc. 97–971 Filed 1–14–97; 8:45 am]

BILLING CODE 4310–70–P

Bureau of Reclamation

Conservation Advisory Group, Yakima

River Basin Water Enhancement

Project, Yakima, Washington

AGENCY: Bureau of Reclamation,

Interior.

ACTION: Change in meeting dates.

SUMMARY: The Bureau of Reclamation

published a notice of scheduled

meetings for the Conservation Advisory

Group, Yakima River Basin Water

Enhancement Project in the Federal

Register (61 FR 54214, Oct. 17, 1996).

The meeting dates have been changed to

January 15–16.

FOR FURTHER INFORMATION CONTACT:

Walt Fite, Program Manager, Yakima

River Water Enhancement Project, PO

Box 1749, Yakima, Washington 98907;

(509) 575–5848 ext. 267.

SUPPLEMENTARY INFORMATION: The Basin

Conservation Program is structured to

provide economic incentives with

cooperative Federal, State, and local

funding to stimulate the identification

and implementation of structural and

nonstructural cost-effective water

conservation measures in the Yakima

River basin. Improvements in the

efficiency of water delivery and use will

result in improved stream flows for fish

and wildlife and improve the reliability

of water supplies for irrigation.

Dated: November 26, 1996.

James V. Cole,

Manager, Upper Columbia Area Office.

[FR Doc. 97–886 Filed 1–14–97; 8:45 am]

BILLING CODE 4310–04–M

INTERNATIONAL TRADE

COMMISSION

Certain Agricultural Tractors Under 50

Power; Take-off Horsepower; Notice of

Commission Determination to Review

in Part an Initial Determination;

Schedule for the Filing of Written

Submissions on the Issue Under

Review, and on Remedy, the Public

interest, and Bonding

Investigation No. 337–TA–380

AGENCY: U.S. International Trade

Commission.

ACTION: Notice.

SUMMARY: Notice is hereby given that

the U.S. International Trade

Commission had determined to review

in part the initial determination (ID)

issued by the presiding administrative

law judge (ALJ) on November 22, 1996,

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, S.W.,

Washington, D.C. 20436, telephone 202–

205–3090.

SUPPLEMENTARY INFORMATION: 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 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. as

respondents. 61 Fed. Reg. 6802 (Feb. 22,

1996).

On June 19, 1996, the notice of

investigation was amended to add

Fujisawa Trading Company as a

respondent. 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,

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 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

respondent Yarbrough Equipment

Rental and Sales Inc.

On August 21, 1996, the Commission

determined not to review an 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 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 the accused products did not

infringe 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.