In the Matter of Certain Fluid-Filled Ornamental Lamps; Notice of Commission Decision Not To Review an Initial Determination Terminating the Investigation in Its Entirety and Issuance of Consent Orders

INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-399]

In the Matter of Certain Fluid-Filled Ornamental Lamps; Notice of

Commission Decision Not To Review an Initial Determination Terminating

the Investigation in Its Entirety and Issuance of Consent Orders

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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

SUMMARY: Notice is hereby given that the U.S. International Trade

Commission has decided not to review the presiding administrative law

judge's (ALJ's) initial determination (ID) terminating the above-

captioned investigation as to every respondent on the basis of a

consent order, a settlement agreement, or withdrawal of the

complainant's allegations against the respondent. The investigation is

therefore terminated in its entirety.

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 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:

On May 22, 1997, Haggerty Enterprises, Inc., filed a complaint and

a motion for temporary relief with the Commission alleging violations

of section 337 of the Tariff Act of 1930 (19 U.S.C. 1337) in the

importation into the United States, the sale for importation, and the

sale within the United States after importation of certain fluid-filled

ornamental lamps that infringe U.S. Trademark Registration Nos.

1,611,140 and/or 852,625. The Commission provisionally accepted the

motion for temporary relief for further processing and instituted the

investigation on July 1, 1997. Eleven firms were named as respondents:

Lipan Industrial Co., Ltd.; Gemmy Industries Corporation; Kay-Bee

Center Inc.; Walgreen Company; Six G's Inc.; Adams Apple Distributing

Company LP; A-Mic Corporation; Charlotte Buchanan, d/b/a Glamorama;

Fortune Products, Inc.; J.J.M. Novelties; and Original Lighting Inc.

See 62 FR 35525 (July 1, 1997).

Between July 23 and August 4, 1997, complainant Haggerty moved for

termination of the investigation as to every respondent. Termination as

to respondents Six G's, Charlotte Buchanan, Original Lighting, Gemmy,

Kay-Bee, and Walgreen was sought on the basis of consent orders.

(Motions Nos. 399-2 through 399-4 and 399-8.) The motions for

termination as to respondents J.J.M., Adams Apple, A-Mic, and Fortune

were based on Haggerty's withdrawal of its section 337 allegations

against those respondents. (Motions Nos. 399-5 and 399-6.) Termination

as to respondent Lipan was sought on the basis of a settlement

agreement. (Motion No. 399-7.)

On August 13, 1997, the Commission investigative attorney filed a

response supporting the motions.

On March 4, 1998, the ALJ issued the ID granting the motions and

ordering termination of the investigation in its entirety (including

the temporary relief proceeding). No party petitioned for review of the

ID pursuant to 19 CFR 210.43(a).

The Commission's action was taken under the authority of 19 U.S.C.

1337(c) and 19 CFR 210.42.

All nonconfidential documents filed in the investigation--including

the ID, the motion for termination as to each respondent, the consent

orders and the settlement agreement, and the Commission investigative

attorney's response to the motions for termination--are or will be

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, D.C. 20436, telephone

202-205-2000.

Issued: March 24, 1998.

By order of the Commission.

Donna R. Koehnke,

Secretary.

[FR Doc. 98-8532 Filed 3-31-98; 8:45 am]

BILLING CODE 7020-02-P