In the Matter of Certain Lighters; General Exclusion Order, 40323 [E7-14186]

Download as PDF Federal Register / Vol. 72, No. 141 / Tuesday, July 24, 2007 / Notices Investigations, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. Hearingimpaired individuals are advised that information on this matter can be obtained by contacting the Commission’s TDD terminal on 202– 205–1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at 202–205–2000. General information concerning the Commission may also be obtained by accessing its Internet server (https:// www.usitc.gov). The public record for this review may be viewed on the Commission’s electronic docket (EDIS) at https://edis.usitc.gov. Authority: This review is being terminated under authority of title VII of the Tariff Act of 1930; this notice is published pursuant to section 207.69 of the Commission’s rules (19 CFR 207.69). By order of the Commission. Issued: July 18, 2007. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E7–14187 Filed 7–23–07; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Inv. No. 337–TA–575] mstockstill on PROD1PC66 with NOTICES In the Matter of Certain Lighters; General Exclusion Order The Commission has previously determined that there is a violation of section 337 of the Tariff Act of 1930 (19 U.S.C. 1337) in the unlawful importation and sale of certain lighters that infringe U.S. Registered Trademark No. 2,606,241. Having reviewed the record in this investigation, including the written submissions of the parties, the Commission has made its determinations on the issues of remedy, the public interest, and bonding. The Commission has determined that a general exclusion from entry for consumption is necessary to prevent circumvention of an exclusion order limited to products of named persons in that there is a widespread pattern of violation of section 337 and it would be difficult to identify the source of infringing products. Accordingly, the Commission has determined to issue a general exclusion order prohibiting the unlicensed importation of infringing lighters. The Commission has also determined that the public interest factors enumerated in 19 U.S.C. 1337(d)(1) do VerDate Aug<31>2005 19:13 Jul 23, 2007 Jkt 211001 not preclude the issuance of that general exclusion order, and that the bond during the Presidential review period shall be in the amount of 100 percent of the entered value of the articles in question. Accordingly, the Commission hereby orders that: 1. Lighters that infringe U.S. Registered Trademark No. 2,606,241 are excluded from entry for consumption, entry for consumption from a foreigntrade zone, and withdrawal from warehouse for consumption until such date as the trademark is abandoned, canceled, or rendered invalid or unenforceable, except under license of the patent owner or as provided by law. 2. Notwithstanding paragraph 1 of this Order, the aforesaid lighters are entitled to entry into the United States for consumption, entry for consumption from a foreign-trade zone, and withdrawal from warehouse for consumption, under bond in the amount of 100 percent of the entered value of such articles pursuant to subsection (j) of section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337(j), from the day after this Order is received by the United States Trade Representative as delegated by the President, 70 FR 43251 (July 21, 2005), until such time as the United States Trade Representative notifies the Commission that this action is approved or disapproved but, in any event, not later than 60 days after the date of receipt of this action. 3. In accordance with 19 U.S.C. 1337(l), the provisions of this Order shall not apply to lighters imported by and for the use of the United States, or imported for, and to be used for, the United States with the authorization or consent of the Government. 4. Each year on the anniversary of the issuance of this Order, complainants Zippo Manufacturing Company, Inc. and ZippMark, Inc. (collectively, ‘‘Zippo’’) shall file a written statement with the Commission, made under oath, stating whether they continue to use the aforesaid trademark in commerce in the United States in connection with lighters and whether the aforesaid trademark has been abandoned, canceled, or rendered invalid or unenforceable. 5. The Commission may modify this Order in accordance with the procedure described in section 210.76 of the Commission’s Rules of Practice and Procedure (19 CFR 210.76). 6. The Commission Secretary shall serve copies of this Order upon each party of record in this investigation and upon the Department of Health and Human Services, the Department of PO 00000 Frm 00054 Fmt 4703 Sfmt 4703 40323 Justice, the Federal Trade Commission, and Customs and Border Protection. 7. Notice of this Order shall be published in the Federal Register pursuant to section 337(j)(1)(A) of the Tariff Act of 1930 as amended (19 U.S.C 1337(j)(1)(A)) and section 210.49(b) of the Commission’s Rules of Practice and Procedure (19 CFR 210.49(b)). By order of the Commission. Issued: July 18, 2007. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E7–14186 Filed 7–23–07; 8:45 am] BILLING CODE 7020–02–P DEPARTMENT OF JUSTICE [OMB Number 1123–NEW] Criminal Division, Asset Forfeiture and Money Laundering Section; Agency Information Collection Activities: Proposed Collection; Comments Requested 60-Day Notice of Information Collection Under Review: Annual Certification Report and Equitable Sharing Agreement. ACTION: The Department of Justice (DOJ), Criminal Division, Asset Forfeiture and Money Laundering Section, will be submitting the following new 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. Comments are encouraged and will be accepted for ‘‘sixty days’’ until September 24, 2007. This process is conducted in accordance with 5 CFR 1320.10. If you have comments especially on the estimated public burden or associated response time, suggestions, or need a copy of the proposed information collection instrument with instructions or additional information, please contact Clifford Krieger, Asset Forfeiture and Money Laundering Section, 1400 New York Avenue, NW., Bond Building—10th Floor, Washington, DC 20005. 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: —Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including E:\FR\FM\24JYN1.SGM 24JYN1

Agencies

[Federal Register Volume 72, Number 141 (Tuesday, July 24, 2007)]
[Notices]
[Page 40323]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-14186]


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 INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-575]


In the Matter of Certain Lighters; General Exclusion Order

    The Commission has previously determined that there is a violation 
of section 337 of the Tariff Act of 1930 (19 U.S.C. 1337) in the 
unlawful importation and sale of certain lighters that infringe U.S. 
Registered Trademark No. 2,606,241.
    Having reviewed the record in this investigation, including the 
written submissions of the parties, the Commission has made its 
determinations on the issues of remedy, the public interest, and 
bonding. The Commission has determined that a general exclusion from 
entry for consumption is necessary to prevent circumvention of an 
exclusion order limited to products of named persons in that there is a 
widespread pattern of violation of section 337 and it would be 
difficult to identify the source of infringing products. Accordingly, 
the Commission has determined to issue a general exclusion order 
prohibiting the unlicensed importation of infringing lighters.
    The Commission has also determined that the public interest factors 
enumerated in 19 U.S.C. 1337(d)(1) do not preclude the issuance of that 
general exclusion order, and that the bond during the Presidential 
review period shall be in the amount of 100 percent of the entered 
value of the articles in question.
    Accordingly, the Commission hereby orders that:
    1. Lighters that infringe U.S. Registered Trademark No. 2,606,241 
are excluded from entry for consumption, entry for consumption from a 
foreign-trade zone, and withdrawal from warehouse for consumption until 
such date as the trademark is abandoned, canceled, or rendered invalid 
or unenforceable, except under license of the patent owner or as 
provided by law.
    2. Notwithstanding paragraph 1 of this Order, the aforesaid 
lighters are entitled to entry into the United States for consumption, 
entry for consumption from a foreign-trade zone, and withdrawal from 
warehouse for consumption, under bond in the amount of 100 percent of 
the entered value of such articles pursuant to subsection (j) of 
section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337(j), 
from the day after this Order is received by the United States Trade 
Representative as delegated by the President, 70 FR 43251 (July 21, 
2005), until such time as the United States Trade Representative 
notifies the Commission that this action is approved or disapproved 
but, in any event, not later than 60 days after the date of receipt of 
this action.
    3. In accordance with 19 U.S.C. 1337(l), the provisions of this 
Order shall not apply to lighters imported by and for the use of the 
United States, or imported for, and to be used for, the United States 
with the authorization or consent of the Government.
    4. Each year on the anniversary of the issuance of this Order, 
complainants Zippo Manufacturing Company, Inc. and ZippMark, Inc. 
(collectively, ``Zippo'') shall file a written statement with the 
Commission, made under oath, stating whether they continue to use the 
aforesaid trademark in commerce in the United States in connection with 
lighters and whether the aforesaid trademark has been abandoned, 
canceled, or rendered invalid or unenforceable.
    5. The Commission may modify this Order in accordance with the 
procedure described in section 210.76 of the Commission's Rules of 
Practice and Procedure (19 CFR 210.76).
    6. The Commission Secretary shall serve copies of this Order upon 
each party of record in this investigation and upon the Department of 
Health and Human Services, the Department of Justice, the Federal Trade 
Commission, and Customs and Border Protection.
    7. Notice of this Order shall be published in the Federal Register 
pursuant to section 337(j)(1)(A) of the Tariff Act of 1930 as amended 
(19 U.S.C 1337(j)(1)(A)) and section 210.49(b) of the Commission's 
Rules of Practice and Procedure (19 CFR 210.49(b)).

    By order of the Commission.

    Issued: July 18, 2007.
Marilyn R. Abbott,
Secretary to the Commission.
 [FR Doc. E7-14186 Filed 7-23-07; 8:45 am]
BILLING CODE 7020-02-P
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