Federal Register / Vol. 66, No. 26 / Wednesday, February 7, 2001 / Notices 9359

INTERNATIONAL TRADE

COMMISSION

[Investigation No. 337–TA–114]

In the Matter of: Certain Miniature

Plug-In Blade Fuses; Notice of

Exclusion Order Modification

Proceeding and Request for

Comments

AGENCY: U.S. International Trade

Commission.

ACTION: Notice and request for written

comments.

SUMMARY: Notice is hereby given that

the U.S. International Trade

Commission is instituting a proceeding

under 19 CFR 210.76 to determine

whether to modify a provision of the

general exclusion order issued in 1983

in the above-captioned investigation.

The Commission requests written

comments from interested persons on

issues specified below in the

SUPPLEMENTARY INFORMATION section of

this notice.

DATES:

Effective Date: The modification

proceeding is instituted effective

February 7, 2001.

Deadline for Written Comments:

Interested persons other than parties to

the investigation may file written

comments on the matters to be decided

in the modification proceeding on or

before 5:15 p.m. March 9, 2001.

ADDRESSES: A signed original and

twelve (12) copies of each set of

comments should be mailed or handdelivered to Donna R. Koehnke,

Secretary, United States International

Trade Commission, 500 E Street, SW.,

Room 112, Washington, DC 20436.

FOR FURTHER INFORMATION CONTACT: P.N.

Smithey, Esq., Office of the General

Counsel, U.S. International Trade

Commission, telephone 202–205–3061.

General information concerning the

Commission and the above-captioned

investigation also may be obtained by

accessing its Internet server (http://

www.usitc.gov). Hearing-impaired

individuals can obtain information

concerning this matter by contacting the

Commission’s TDD terminal at 202–

205–1810.

SUPPLEMENTARY INFORMATION:

The Investigation. The Commission

instituted the subject investigation in

1982 to determine whether there was a

violation of section 337 of the Tariff Act

of 1930 (19 U.S.C. 1337 (1978 and 1981

Supp.)) in the importation or sale of

certain miniature plug-in blade fuses

that allegedly misrepresented their

place of geographic origin, infringed the

complainant’s patents and/or

trademarks, misappropriated the

complainant’s trade dress, were passed

off as merchandise of the complainant,

or were the subject of false advertising.

The complainant was the patent and

trademark owner, Littelfuse, Inc., of Des

Plaines, Illinois. The Commission

named nine firms in Taiwan and three

domestic firms as respondents in the

investigation. Their names and

addresses, as they appeared in the

notice of investigation in 1982, are set

forth below:

Fuji Industries, Yang Tye Building,

Third Floor, No. 50, Sung Chiang

Road, Taipei, Taiwan

Leumark Industrial Co., Ltd., P.O. Box

38–113, Taipei, Taiwan

Walter Electronic Co., Ltd., P.O. Box 48–

22, Taipei, Taiwan

Terng Nan Industrial Corp., P.O. Box

55–462, Taipei, Taiwan

Rite Industrial Corp, P.O. Box 59105,

Taipei, Taiwan

Yueh Jyh Metal Industrial Co., Ltd., No.

257 Fu Hsin Road, Chung Ho City,

Taipei Hsien, Taiwan

M & T Auto Parts, 3038 31st Street, Long

Island City, New York 11102

Speedway, 4140 Eagle Rock Boulevard,

Los Angeles, California 90065

David Art & Handicraft Co., Ltd., P.O.

Box 16–133, Taipei, Taiwan

Tophole Trading Co., Ltd., P.O. Box 17–

157, Taipei, Taiwan

Interchem Corp., 403 West 8th Street,

Suite 620, Los Angeles, California

90014

Zeeman Fuse Manufacturing Corp., 2F

and 3F, No. 2, Lane 79, San Chang

Road, Nankank District, Taipei,

Taiwan

See 47 FR 1448 (Jan. 13, 1982).

The investigation resulted in the

issuance of a general exclusion order in

1983, prohibiting, among other things,

the entry of imported miniature plug-in

blade fuses having a trade dress, i.e., a

product configuration and/or packaging,

simulating that of complainant

Littelfuse. Certain Miniature Plug-In

Blade Fuses, Inv. No. 337–TA–114,

USITC Publication 1337 (Jan. 1983),

Commission Action and Order at page 2,

¶ 2 (Jan. 13, 1983).

The Pudenz Litigation. At the time of

the investigation, Littelfuse marketed its

miniature plug-in blade fuses under

various trademarks, including ‘‘ATO.’’

Littelfuse continued to use that mark

after the investigation ended. Littelfuse

also obtained U.S. Trademark

Registration No. 1,513,357 (‘‘the ’357

registration’’), which covers the twodimensional outline of the ATO fuse,

and U.S. Trademark Registration No.

1,553,579 (‘‘the ’579 registration’’),

which covers the three-dimensional

configuration of the ATO fuse housing.

Wilhelm Pudenz GmbH, a German

firm that was not a respondent in the

original section 337 investigation,

challenged the validity of the aforesaid

trademark registrations by filing a civil

action against Littelfuse in the United

States District Court for the Northern

District of Georgia, Atlanta Division.

The district court decided that the

individual features of the ATO fuse

housing and the overall configuration of

those features in the housing are

functional and that this functionality

renders the ’357 and ’579 registrations

invalid and unenforceable. See the

[Unpublished] Judgment and the

[Unpublished] Order issued on January

7, 1998, in Civil Action No. 1:95–CV–

2445–JTC, Wilhelm Pudenz GmbH [and]

Wickmann USA, Inc. v. Littelfuse, Inc.

The U.S. Court of Appeals for the

Eleventh Circuit affirmed the district

court’s decision. Wilhelm Pudenz GmbH

v. Littlefuse [sic], Inc., 177 F.3d 1204, 51

U.S.P.Q.2d 1045 (11th Cir. 1999).

The Modification Proceeding. During

the investigation, the nonfunctional

nature of the asserted design features

was one criterion the Commission

applied in determining that Littelfuse’s

trade dress was entitled to protection

from unauthorized copying. See USITC

Pub. 1337, Commission Opinion at 19–

21. The district and appellate courts

have concluded, however, that as

disclosed in the ’357 and ’579

registrations, individual features of the

ATO fuse housing and the overall

configuration of those features in the

housing are functional. See the district

court’s Order of January 7, 1998, at

Findings of Fact and Conclusions of

Law, Functionality, 13–26; and 177 F.3d

at 1212, 51 U.S.P.Q.2d at 1050.

Complainant Littelfuse has admitted

that the product configuration covered

by the exclusion order is substantially

similar to the product configuration

covered by Littelfuse’s ’357 and ’579

trademark registrations. Written Report

[of Complainant Littelfuse, Inc.] (Aug. 2,

2000) at page 2, ¶ 7. That admission and

other considerations prompted the

Commission to institute a proceeding,

under 19 CFR 210.76, to determine

whether the trade dress/product

configuration provision of the section

337 general exclusion order should be

modified in light of the judicial

findings.

The Commission Order issued along

with this notice discusses (1) the

changed conditions of fact or law and

the public interest reasons that

prompted the Commission to institute

the modification proceeding, (2) the

specific modification that the

Commission is contemplating, (3) the

supporting materials and arguments,

9360 Federal Register / Vol. 66, No. 26 / Wednesday, February 7, 2001 / Notices

and (4) the filing of written submissions

by parties to the investigation.

The Commission expects to reach a

determination in this proceeding

without conducting a public hearing or

delegating the proceeding to an

administrative law judge for a hearing

and a recommended determination.

All nonconfidential documents filed

in the investigation, listed in the

Commission Order issued along with

this notice, or filed in the modification

proceeding are or will be made available

for public inspection during official

business hours (8:45 a.m. to 5:15 p.m.)

in the Commission’s Office of the

Secretary, Dockets Branch, 500 E Street,

SW., Room 112, Washington, DC 20436,

telephone 202–205–1802.

In addition, the Commission Order

issued along with this notice,

Littelfuse’s written report, the

Commission investigative staff’s written

comments on that report, and all

nonconfidential documents filed in the

modification proceeding will be

available for inspection on the

Commission’s website. To access them

from the Home Page of the

Commission’s Internet server, click on

‘‘EDIS ON–LINE,’’ click on ‘‘337’’ under

‘‘Home,’’ click on ‘‘337 114 Violation

Miniature Plug-In Blade Fuses,’’ and

then click on the specific document to

be reviewed.

Written Comments. Interested persons

who are not parties to the investigation

may file written comments on (1) the

conditions of fact or law and the public

interest reasons set forth in the

Commission Order of January 30, 2001,

that prompted the Commission to

institute the proceeding, (2) the specific

modification that the Commission is

contemplating, and (3) any other issues

that will aid the Commission in

determining whether to modify the

trade dress/product configuration

provision of the exclusion order. Such

comments must be filed in accordance

with the Commission’s Rules of Practice

and Procedure, particularly the relevant

provisions of 19 CFR 201.6, 201.8

(except for the number of copies

prescribed by 201.8(d)), 201.14, 201.16,

and 210.4 through 210.7.

Issued: February 1, 2001.

By Order of the Commission.

Donna R. Koehnke,

Secretary.

[FR Doc. 01–3195 Filed 2–6–01; 8:45 am]

BILLING CODE 7020–02–P

INTERNATIONAL TRADE

COMMISSION

Sunshine Act Meeting

AGENCY HOLDING THE MEETING: United

States International Trade Commission.

TIME AND DATE: February 12, 2001 at 2

p.m.

PLACE: Room 101, 500 E Street SW.,

Washington, DC 20436, Telephone:

(202) 205–2000.

STATUS: Open to the public.

MATTERS TO BE CONSIDERED:

1. Agenda for future meeting: none.

2. Minutes.

3. Ratification List.

4. Inv. Nos. 701–TA–413 and 731–

TA–913–918 (Preliminary) (Stainless

Steel Bar from France, Germany, Italy,

Korea, Taiwan, and the United

Kingdom)—briefing and vote. (The

Commission is currently scheduled to

transmit its determination to the

Secretary of Commerce on February 12,

2001; Commissioners’ opinions are

currently scheduled to be transmitted to

the Secretary of Commerce on February

20, 2001.)

5. Outstanding action jackets:

(1) Document No. EC–01–003:

Approval of final report in Inv. No. 332–

413 (The Economic Impact of U.S.

Sanctions with Respect to Cuba).

(2) Document No. ID–01–001:

Approval of study coverage, objectives,

methodology, travel requirements,

annotated outline, and revised staffing

plan and work schedule in Inv. No.

332–423 (The Effects of EU Policies on

the Competitive Position of the U.S. and

EU Horticultural Products Sector).

In accordance with Commission

policy, subject matter listed above, not

disposed of at the scheduled meeting,

may be carried over to the agenda of the

following meeting.

Issued: February 2, 2001.

By order of the Commission:

Donna R. Koehnke,

Secretary.

[FR Doc. 01–3331 Filed 2–5–01; 3:13 pm]

BILLING CODE 7020–02–U

INTERNATIONAL TRADE

COMMISSION

Sunshine Act Meeting

AGENCY HOLDING THE MEETING: United

States International Trade Commission.

TIME AND DATE: February 13, 2001 at 11

a.m.

PLACE: Room 101, 500 E Street SW.,

Washington, DC 20436 Telephone: (202)

205–2000.

STATUS: Open to the public.

MATTERS TO BE CONSIDERED:

1. Agenda for future meeting: none.

2. Minutes.

3. Ratification List.

4. Inv. Nos. 701–TA–355 and 731–

TA–659–660 (Review) (Grain-Oriented

Silicon Electrical Steel from Italy and

Japan)—briefing and vote. (The

Commission is currently scheduled to

transmit its determination and

Commissioners’ opinions to the

Secretary of Commerce on February 23,

2001.)

5. Outstanding action jackets:

(1) Document No. EC–01–003:

Approval of final report in Inv. No. 332–

413 (The Economic Impact of U.S.

Sanctions with Respect to Cuba).

(2) Document No. ID–01–001:

Approval of study coverage, objectives,

methodology, travel requirements,

annotated outline, and revised staffing

plan and work schedule in Inv. No.

332–423 (The Effects of EU Policies on

the Competitive Position of the U.S. and

EU Horticultural Products Sector).

In accordance with Commission

policy, subject matter listed above, not

disposed of at the scheduled meeting,

may be carried over to the agenda of the

following meeting.

Issued: February 2, 2001.

By order of the Commission:

Donna R. Koehnke,

Secretary.

[FR Doc. 01–3332 Filed 2–5–01; 3:13 pm]

BILLING CODE 7020–02–U

LIBRARY OF CONGRESS

Copyright Office

[Docket No. 99–3 CARP DD 95–98]

Distribution of 1995, 1996, 1997, and

1998 Digital Audio Recording

Technology Royalties

AGENCY: Copyright Office, Library of

Congress.

ACTION: Distribution Order.

SUMMARY: The Librarian of Congress,

upon the recommendation of the

Register of Copyrights, is adopting the

determination of the Copyright

Arbitration Royality Panel (‘‘CARP’’)

and issuing an order announcing the

allocation of the royalty fees in the

1995, 1996, 1997, and 1998 Musical

Works Funds. These fees are paid to the

Copyright Office by importers and

manufacturers of Digital Audio

Recording Devices and Media (‘‘DART’’)

who distribute these products in the

United States.

EFFECTIVE DATE: The percentages

announced in this Order are effective as

of February 7, 2001.