ITC Issues Exclusion & Cease and Desist Orders for Certain Agricultural Vehicles and Components Thereof
The International Trade Commission (ITC) has issued a general exclusion order, two limited exclusion orders, and cease and desist orders in its Section 337 investigation of certain agricultural vehicles and components thereof (Inv. 337-TA-487). The ITC has also announced that this investigation is terminated.
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The ITC instituted this investigation based on a complaint filed by Deere & Company of Moline, IL which, as supplemented, alleged violations of section 337 of the Tariff Act of 1930 in the importation into the U.S., sale for importation, and sale within the U.S. after importation of certain agricultural vehicles and components thereof by reason of infringement and dilution of U.S. Registered Trademarks Nos. 1,254,339; 1,502,103; 1,503,576; and 91,860.
ITC Issues General Exclusion Order, Limited Exclusion Orders, Etc.
The ITC states that having examined the relevant portions of the record in this investigation, including the Administrative Law Judge's (ALJ's) recommended determination, the written submissions on remedy, public interest, and bonding, and the replies thereto, it determined to issue:
A general exclusion order prohibiting the unlicensed entry for consumption of European version self-propelled forage harvesters manufactured by or under the authority of Deer & Co. which infringe any of the asserted trademarks;
A limited exclusion order prohibiting the unlicensed entry for consumption of European version telehandlers manufactured by or under the authority of Deere & Co. which infringe any of the asserted trademarks;
A limited exclusion order prohibiting the unlicensed entry for consumption of agricultural tractors which infringe one or more of U.S. Registered Trademarks Nos. 1,254,339; 1,502,103; and 1,503,576;
Cease and desist orders to certain respondents prohibiting activities concerning the importation and sale of European version self-propelled forage harvesters manufactured by or under the authority of Deere & Co. which would constitute infringement of any of the asserted trademarks; and
Cease and desist orders to certain respondents prohibiting activities concerning the importation and sale of agricultural tractors which would constitute infringement of one or more of U.S. Registered Trademarks Nos. 1,254,339; 1,502,103; and 1,503,576.
Bond Required During Presidential Review Period
The ITC states that the bond during the 60-day Presidential review period shall be 90% of the entered value of the articles in question.
(U.S. government sources have previously stated that in accordance with 19 CFR 12.39(b)(3), if the President accepts these exclusion orders (which is expected), importers or consignees of infringing articles entered under bond during the Presidential review period would be required to export or destroy such articles under CBP supervision within 30 days after being notified to do so by the applicable port director or face liquidated damages in the full amount of the bond.
Similarly, the ITC states that activities prohibited by a cease and desist order may continue during the Presidential review period provided the respondent posts a bond with the ITC. If the President does not disapprove the remedial orders, at the conclusion of the review period, infringing imports may no longer be imported and the complainant may seek to have previously posted bonds forfeited to it.)
ITC Explanation of Exclusion Orders & Cease and Desist Orders
In a FAQ regarding Section 337 investigations, the ITC explains that a general exclusion order directs U.S. Customs and Border Protection (CBP) to exclude all infringing articles without regard to source, whereas a limited exclusion order directs CBP to exclude all infringing articles that originate from a specified firm that was a respondent in the ITC investigation.
The ITC further explains that a cease and desist order directs a respondent in the investigation to cease its unfair acts, including selling infringing imported articles out of U.S. inventory. Cease and desist orders are enforced by the ITC, not CBP.
ITC Contact - Wayne Herrington (202) 205-3090
ITC Notice (Inv. No. 337-TA-487, FR Pub 05/20/04) available athttp://a257.g.akamaitech.net/7/257/2422/14mar20010800/edocket.access.gpo.gov/2004/pdf/04-11388.pdf
ITC Publication - Section 337 Investigations: Answers to Frequently Asked Questions (FAQs), available under "publications" at http://www.usitc.gov/sitemap.htm