In the Matter of Certain Agricultural Vehicles and Components Thereof; Notice of Commission Decision To Review in Part the Administrative Law Judge's Initial Determination on Remand; Schedule for Written Submissions on the Issues Under Review, 8399-8400 [E7-3139]

Download as PDF Federal Register / Vol. 72, No. 37 / Monday, February 26, 2007 / Notices School MPS) 556 Parkway, Gatlinburg, 07000185 INTERNATIONAL TRADE COMMISSION Sullivan County [Investigation No. 337–TA–487 (Remand)] Washington, George, School, 205 E. Sevier Ave., Kingsport, 07000184 VERMONT Lamoille County Morrisville Historic District, Portland, Lower Main, Upper Main, Railroad and Foundry Sts., Morristown, 07000196 VIRGINIA Marshall Historic District, Inc. parts of Anderson R., Emerald Ln., Frost St., Main St., Rosstown Rd. Wild Aster Ct. and Winchester Rd., Marshall, 07000191 Paris Historic District Area Inc. Federal St. and parts of Republican St. and Gap Run Rd., Paris, 07000192 Hampton Independent City Chamberlin Hotel, #2 Fenwick Rd., Fort Monroe, Hampton (Independent City), 07000190 Isle Of Wight County Tynes, Robert, House, 13060 Courthouse Hwy., Smithfield, 07000194 Nelson County Schuyler Historic District, Crossroads of Schuyler Rd., Salem Rd. and Rockfish River Rd., Schuyler, 07000195 Suffolk Independent City Mount Sinai Baptist Church, 6100 Holy Neck Rd., Suffolk (Independent City), 07000193 WISCONSIN Manitowoc County ROUSE SIMMONS (Shipwreck), (Great Lakes Shipwreck Sites of Wisconsin MPS) 6 mi. off Point Veach, Lake Michigan, 07000197 A request for REMOVAL has been made for the following resource: TENNESSEE Meigs County Meigs County High School Gymnasium, (Meigs County, Tennessee MRA), Brown St., Decatur, 82004005 [FR Doc. E7–3261 Filed 2–23–07; 8:45 am] BILLING CODE 4312–51–P ycherry on PROD1PC64 with NOTICES U.S. International Trade Commission. ACTION: Notice. AGENCY: Fauquier County VerDate Aug<31>2005 In the Matter of Certain Agricultural Vehicles and Components Thereof; Notice of Commission Decision To Review in Part the Administrative Law Judge’s Initial Determination on Remand; Schedule for Written Submissions on the Issues Under Review 16:03 Feb 23, 2007 Jkt 211001 SUMMARY: Notice is hereby given that the U.S. International Trade Commission has determined to review in part the presiding administrative law judge’s (‘‘ALJ’’) final initial determination on remand in the abovecaptioned investigation, including part of Order No. 55. FOR FURTHER INFORMATION CONTACT: Jonathan Engler, Office of the General Counsel, U.S. International Trade Commission, 500 E Street, SW., Washington, DC 20436, telephone (202) 205–3112. Copies of 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: The Commission instituted this investigation on February 13, 2003, based on a complaint filed by Deere & Company (‘‘Deere’’) of Moline, Illinois. 68 FR 7388 (February 13, 2003). The complaint, as supplemented, alleged violations of section 337 of the Tariff Act of 1930 in the importation into the United States, sale for importation, and sale within the United States after importation of certain agricultural vehicles and components thereof by reason of infringement and dilution of U.S. Registered Trademarks Nos. 1,254,339; 1,502,576; 1,503,576, and 91,860. Twenty-four respondents were named in the Commission’s notice of PO 00000 Frm 00063 Fmt 4703 Sfmt 4703 8399 investigation. Most of the respondents were terminated from the investigation on the basis of consent orders, or found in default. Of the remaining respondents, Erntetechnik Franz Becker; Sunova Implement Company; Bourdeau Bros., Inc. and OK Enterprises (collectively, ‘‘the Bourdeau respondents’’); Fitzpatrick Farms; Stanley Farms; J&T Farms; and Co-Ag LLC (collectively, ‘‘the Fitzpatrick Farms respondents’’); and Agrideal participated in the investigation. On January 13, 2004, the ALJ issued his final initial determination (‘‘ID’’) finding a violation of section 337. He also recommended the issuance of remedial orders. The Bourdeau respondents and Fitzpatrick Farms respondents petitioned for review of the ID. On March 30, 2004, the Commission determined not to review the ID. The Commission then issued its final determination, together with a general exclusion order, two limited exclusion orders, and cease and desist orders, on May 14, 2004. The Bourdeau respondents appealed the Commission’s final determination to the U.S. Court of Appeals for the Federal Circuit (the ‘‘Federal Circuit’’). On March 30, 2006, the Federal Circuit vacated and remanded the Commission’s final determination as it related to Deere European-version selfpropelled forage harvesters. Bourdeau Bros. v. International Trade Commission, 444 F.3d 1317 (Fed. Cir. 2006). On June 20, 2006, the Commission issued notice that it had rescinded the general exclusion order and certain cease and desist orders, and had remanded the investigation to the presiding ALJ for proceedings consistent with the Federal Circuit’s decision in Bourdeau. The ALJ issued his final ID on remand (‘‘Remand ID’’) on December 20, 2006. He found that Deere did not authorize the sale of Deere Europeanversion self-propelled forage harvesters in the United States and that all or substantially all of the Deere selfpropelled forage harvesters sold in the United States were North American versions. The Bourdeau respondents have petitioned for review of the remand ID, including Order No. 55 and Order No. 59. Deere and the Commission investigative attorney oppose the petition. The Commission has determined to review in part Order No. 55 and the Remand ID. The Commission requests briefing by the parties (1) On the standard for authorization that was applied in Order No. 55 and how that standard was applied in light of the burden of proof; (2) on the issue of E:\FR\FM\26FEN1.SGM 26FEN1 8400 Federal Register / Vol. 72, No. 37 / Monday, February 26, 2007 / Notices Deere’s alleged financing of certain EVSPFHs; (3) with respect to the ALJ’s application of the ‘‘all or substantially all’’ standard, including a statement of the type and number of sales relied on and the basis for reliance on those sales, especially the basis for including used sales of North American-version harvesters in the assessment of whether that standard has been met by Deere; and (4) on whether all or substantially all of Deere’s sales of SPFHs were of North American versions of these machines. The Commission has determined not to review Order No. 59. Schedule for Written Submissions: Written submissions on the issues under review are limited to the parties and must be filed by March 6, 2007. Reply submissions must be filed by March 13, 2007. 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(h) of the Commission’s Rules of Practice and Procedure (19 CFR 210.42(h)). Issued: February 20, 2007. By order of the Commission. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E7–3139 Filed 2–23–07; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Inv. No. 337–TA–585] In the Matter of Certain Engines, Components Thereof, and Products Containing the Same; Notice of Commission Determination Not To Review ALJ Order No. 7 Granting Complainant’s Motion To Add a Claim to the Complaint and Notice of Investigation U.S. International Trade Commission. ACTION: Notice. ycherry on PROD1PC64 with NOTICES AGENCY: SUMMARY: Notice is hereby given that the U.S. International Trade Commission has determined not to review an initial determination (‘‘ID’’) of the presiding administrative law judge (‘‘ALJ’’) (Order No. 7) granting complainant’s motion to add a claim to the complaint and notice of investigation. FOR FURTHER INFORMATION CONTACT: Michael Liberman, Esq., Office of the General Counsel, U.S. International Trade Commission, 500 E Street, SW., Washington, DC 20436, telephone 202– 205–3152. Copies of the ID and all other VerDate Aug<31>2005 16:03 Feb 23, 2007 Jkt 211001 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, SW., Washington, DC 20436, telephone 202–205–2000. Hearingimpaired persons are advised that information on this matter can be obtained by contacting the Commission’s TDD terminal on 202– 205–1810. General information concerning the Commission may also be obtained by accessing its Internet server (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. On October 19, 2006, the Commission instituted an investigation under section 337 of the Tariff Act of 1930, 19 U.S.C. 1337, based on a complaint filed by American Honda Motor Company, Inc. of Torrance, California, alleging a violation of section 337 in the importation, sale for importation, and sale within the United States after importation of certain engines, components thereof, and products containing the same by reason of infringement of certain claims of U.S. Patent Nos. 5,706,769 (‘‘the ’769 patent’’) and 6,250,273. 71 FR 61799 (Oct. 19, 2006). The complainant named Wuxi Kipor Power Co., Ltd. of Jiangsu, China as a respondent. On January 30, 2007, the ALJ issued Order No. 7 granting complainant’s motion to add dependent claim 6 of the ’769 patent to the complaint and the notice of investigation. No party petitioned for review of Order No. 7, and the Commission has determined not to review it. 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(h) of the Commission’s Rules of Practice and Procedure (19 CFR 210.42(h)). SUPPLEMENTARY INFORMATION: Issued: February 20, 2007. By order of the Commission. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E7–3249 Filed 2–23–07; 8:45 am] BILLING CODE 7020–02–P PO 00000 Frm 00064 Fmt 4703 Sfmt 4703 DEPARTMENT OF JUSTICE [OMB Number 1122–0007] Office on Violence Against Women; Agency Information Collection Activities: Extension of a Currently Approved Collection; Comments Requested 30-Day Notice of Information Collection Under Review: Semi-Annual Progress Report for the Grantees from the Legal Assistance for Victims Grant Program. ACTION: The Department of Justice, Office on Violence Against Women (OVW) has submitted the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995. The proposed information collection is published to obtain comments from the public and affected agencies. This proposed information collection was previously published in the Federal Register Volume 71, Number 243, page 75984 on December 19, 2006, allowing for a 60-day comment period. The purpose of this notice is to allow for an additional 30 days for public comment until March 28, 2007. This process is conducted in accordance with 5 CFR 1320.10. Written comments and/or suggestions regarding the items contained in this notice, especially the estimated public burden and associated response time, should be directed to The Office of Management and Budget, Office of Information and Regulatory Affairs, Attention Department of Justice Desk Officer, Washington, DC 20503. Additionally, comments may be submitted to OMB via facsimile to (202) 395–5806. Written comments and suggestions from the public and affected agencies concerning the proposed collection of information are encouraged. Your comments should address one or more of the following four points: (1) Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; (2) Evaluate the accuracy of the agency’s estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; (3) Enhance the quality, utility, and clarity of the information to be collected; and (4) Minimize the burden of the collection of information on those who E:\FR\FM\26FEN1.SGM 26FEN1

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[Federal Register Volume 72, Number 37 (Monday, February 26, 2007)]
[Notices]
[Pages 8399-8400]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-3139]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-487 (Remand)]


In the Matter of Certain Agricultural Vehicles and Components 
Thereof; Notice of Commission Decision To Review in Part the 
Administrative Law Judge's Initial Determination on Remand; Schedule 
for Written Submissions on the Issues Under Review

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined to review in part the presiding 
administrative law judge's (``ALJ'') final initial determination on 
remand in the above-captioned investigation, including part of Order 
No. 55.

FOR FURTHER INFORMATION CONTACT: Jonathan Engler, Office of the General 
Counsel, U.S. International Trade Commission, 500 E Street, SW., 
Washington, DC 20436, telephone (202) 205-3112. Copies of 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: The Commission instituted this investigation 
on February 13, 2003, based on a complaint filed by Deere & Company 
(``Deere'') of Moline, Illinois. 68 FR 7388 (February 13, 2003). The 
complaint, as supplemented, alleged violations of section 337 of the 
Tariff Act of 1930 in the importation into the United States, sale for 
importation, and sale within the United States after importation of 
certain agricultural vehicles and components thereof by reason of 
infringement and dilution of U.S. Registered Trademarks Nos. 1,254,339; 
1,502,576; 1,503,576, and 91,860.
    Twenty-four respondents were named in the Commission's notice of 
investigation. Most of the respondents were terminated from the 
investigation on the basis of consent orders, or found in default. Of 
the remaining respondents, Erntetechnik Franz Becker; Sunova Implement 
Company; Bourdeau Bros., Inc. and OK Enterprises (collectively, ``the 
Bourdeau respondents''); Fitzpatrick Farms; Stanley Farms; J&T Farms; 
and Co-Ag LLC (collectively, ``the Fitzpatrick Farms respondents''); 
and Agrideal participated in the investigation. On January 13, 2004, 
the ALJ issued his final initial determination (``ID'') finding a 
violation of section 337. He also recommended the issuance of remedial 
orders. The Bourdeau respondents and Fitzpatrick Farms respondents 
petitioned for review of the ID.
    On March 30, 2004, the Commission determined not to review the ID. 
The Commission then issued its final determination, together with a 
general exclusion order, two limited exclusion orders, and cease and 
desist orders, on May 14, 2004.
    The Bourdeau respondents appealed the Commission's final 
determination to the U.S. Court of Appeals for the Federal Circuit (the 
``Federal Circuit''). On March 30, 2006, the Federal Circuit vacated 
and remanded the Commission's final determination as it related to 
Deere European-version self-propelled forage harvesters. Bourdeau Bros. 
v. International Trade Commission, 444 F.3d 1317 (Fed. Cir. 2006).
    On June 20, 2006, the Commission issued notice that it had 
rescinded the general exclusion order and certain cease and desist 
orders, and had remanded the investigation to the presiding ALJ for 
proceedings consistent with the Federal Circuit's decision in Bourdeau. 
The ALJ issued his final ID on remand (``Remand ID'') on December 20, 
2006. He found that Deere did not authorize the sale of Deere European-
version self-propelled forage harvesters in the United States and that 
all or substantially all of the Deere self-propelled forage harvesters 
sold in the United States were North American versions. The Bourdeau 
respondents have petitioned for review of the remand ID, including 
Order No. 55 and Order No. 59. Deere and the Commission investigative 
attorney oppose the petition.
    The Commission has determined to review in part Order No. 55 and 
the Remand ID. The Commission requests briefing by the parties (1) On 
the standard for authorization that was applied in Order No. 55 and how 
that standard was applied in light of the burden of proof; (2) on the 
issue of

[[Page 8400]]

Deere's alleged financing of certain EVSPFHs; (3) with respect to the 
ALJ's application of the ``all or substantially all'' standard, 
including a statement of the type and number of sales relied on and the 
basis for reliance on those sales, especially the basis for including 
used sales of North American-version harvesters in the assessment of 
whether that standard has been met by Deere; and (4) on whether all or 
substantially all of Deere's sales of SPFHs were of North American 
versions of these machines. The Commission has determined not to review 
Order No. 59.
    Schedule for Written Submissions: Written submissions on the issues 
under review are limited to the parties and must be filed by March 6, 
2007. Reply submissions must be filed by March 13, 2007.
    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(h) of the Commission's Rules of Practice and 
Procedure (19 CFR 210.42(h)).

    Issued: February 20, 2007.

    By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
 [FR Doc. E7-3139 Filed 2-23-07; 8:45 am]
BILLING CODE 7020-02-P