UNITED STATES INTERNATIONAL TRADE COMMISSION
`Washington, D.C.
`
`In the Matter of
`
`CERTAIN AGRICULTURAL VEHICLES
`AND COMPONENTS THEREOF
`
`)
`1
`1
`)
`)
`)
`)
`1
`
`Investigation No. 337-TA-487
`
`NOTICE OF COMMISSION DETERMINATION NOT TO REVIEW AN
`INITIAL DETERMINATION FINDING THREE RESPONDENTS IN DEFAULT
`
`AGENCY: U.S. International Trade Commission.
`
`ACTION: Notice.
`
`SUMMARY: Notice is hereby given that the U.S. International Trade Commission has determined not to
`review an initial determination (“ID”) (ALJ Order No. 48) of the presiding administrative law judge
`(“ALJ”) in the above-captioned investigation finding respondents China America Imports (“China
`America”), Lenar Equipment LLC (“Lenar”), and Task Master Equipment LLC/Tractors Etc. (“Task
`Master”) in default.
`
`FOR FURTHER INFORMATION CONTACT: Michael Diehl, Esq., Office of the General Counsel, U.S.
`International Trade Commission, 500 E Street, S.W., Washington, D.C. 20436, telephone 202-205-3095.
`General information concerning the Commission may also be obtained by accessing its Internet server
`(http://www. usitcgov). 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 the matter can be obtained by contacting the Commission’s TDD terminal on 202-205-1810.
`
`SUPPLEMENTARY INFORMATION: On February 13,2003, the Commission instituted this
`investigation, which concerns allegations of unfair acts in violation of section 337 in the importation and
`sale of certain agricultural vehicles and components thereof by reason of infringement and dilution of
`U.S. Registered TrademarkNos. 1,254,339; 1,502,103; 1,503,576; and 91,860. 68 Fed. Reg. 7388 (Feb.
`13,2003). On August 27,2003, the Commission determined not to review an ID amending the complaint
`and notice of institution to add allegations that U.S. Registered Trademark No. 2,729,766 had been
`infringed or diluted by respondents. 68 Fed. Reg. 52418, 52419 (Sept. 3,2003).
`
`On September 11, 2003, complainant Deere & Company (“Deere”) of Moline, Illinois, moved
`pursuant to Commission rule 210.17 for the issuance of a default judgment against six respondents --
`China America, Lenar, Task Master, Sam Trac Tractor and Equipment (“Sam Trac”), Pacific Avenue
`Equipment (“Pacific”), and Agrideal -- for failing to file a prehearing statement as required by the ground
`
`1
`
`

`
`rules established for the investigation. The Commission investigative attorney (“IA”) supported Deere’s
`motion as to Sam Trac and Pacific. The IA conditionally supported the motion against China America,
`Lenar, and Task Master, provided that none responded to Deere’s motion or showed cause why they
`should not be held in default. The IA opposed the motion as to Agrideal because, according to the IA,
`Agrideal had made a good faith effort to participate in the investigation.
`
`The ALJ issued ALJ Order No. 42 on September 25,2003, ordering each of the respondents to
`show cause why it should not be found in default under Commission rules 2 10.16 and/or 2 10.17. No
`respondent responded to the show cause order.
`
`On October 17,2003, the ALJ issued an ID (ALJ Order No. 48), finding China America, Lenar,
`and Task Master each in default pursuant to Commission rule 210.17. The ALJ found that Agrideal is
`not in default under Commission rule 210.17. The ALJ found that the motion was moot as to Sam Trac
`and Pacific, because each had previously been found in default in ALJ Order No. 45. No party petitioned
`for review of the ID.
`
`This action is taken under the authority of section 337 of the Tariff Act of 1930, as amended (19
`U.S.C. tj 1337), and section 210.42 of the Commission’s Rules of Practice and Procedure (19 C.F.R.
`tj 210.42).
`
`Copies of the ID and all other nonconfidential documents filed in connection with this
`investigation are 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.
`
`By order of the Commission.
`
`Issued: November 7,2003
`
`Secretary L/
`
`2
`
`

`
`CERTAIN AGRICULTURAL VEHICLES AND COMPONENTS THEREOF
`
`337-TA-487
`
`CERTIFICATE OF SERVICE
`
`I, Marilyn R. Abbott, hereby certifL that the attached NOTICE OF COMMISSION DETERMINATION NOT
`TO REVIEW AN INITIAL DETERMINATION FINDING THREE RESPONDENTS IN DEFAULT, was
`served upon all parties via first class mail and air mail where necessary on November 7,2003.
`
`ON BEHALF OF COMPLAINANT DEERE AND
`COMPANY:
`
`Robert S. Swecker, Esq.
`Burns, Doane, Swecker and Mathis, LLP
`1737 King Street, Suite 500
`Alexandria, Virginia 223 14
`
`ON BEHALF OF FITZPATRICK FARMS, CO-
`AG LLC, STANLEY FARM AND J&T FARMS:
`
`William A. Zeitler, Esq
`Thompson Coburn, LLP
`1909 K Street, NW
`Suite 600
`Washington, DC 20006
`
`ON BEHALF OF BOURDEAU BROS., INC.,
`ERNTETECHNIK FRANZ BECKER., OK
`ENTERPRISES AND SUNOVA IMPLEMENT
`COMPANY:
`
`David P. Miranda, Esq.
`Heslin Rothenberg Farley & Mesiti, P.C.
`5 Columbia Circle
`Albany, NY 12203
`
`ON BEHALF OF DONGFENG
`AGRICULTURAL MACHINERY GROUP &
`JIANGLING TRACTOR CO.:
`
`Gary M. Hnath, Esq.
`Venable, Baetjer, Howard & Civiletti, LLP
`575 7th Street, NW
`Washington, DC 20004-1 60 1
`
`U.S. I n t e r n a t i o n a w d e Commission
`500 E Street, SW -Room 112
`Washington, DC 20436
`
`RESPONDENTS:
`
`Agra-Infocentrum-Benelux
`Postbus 49
`5 1 10 AA Baarle-Nassau
`The Netherlands
`
`Paul Legaignoux
`Agrideal
`Chemin des Perrines
`3550 Vitre
`France
`
`Ms. Sherrie Elhindi
`SamTrac Tractors & Equipment Co.
`3 199 Plummers Lane, No. 13
`Chico, CA 95973
`
`China America Imports
`33898 Adler Lane
`Creswell, OR 97426
`
`Lenar Equipment, LLC
`326 1 Northeast Alexander Lane
`Albany, OR 97321
`
`Task Master Equipment LLCmractors Etc.
`83969 N. Pacific Highway 99
`Creswell, OR 97426
`
`Pacific Avenue Equipment
`10 15 Pacific Avenue
`Yakima, WA 98901