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UNITED STATES INTERNATIONAL TRADE COMMISSION Washington, D.C.

In the Matter of CERTAIN AGRICULTURAL VEHICLES AND COMPONENTS THEREOF

1 1 1 1 1

Investigation No. 337-TA-487

Notice To The Parties On August 11,2003, the administrative law judge received a two page letter from Willie Owens of Pacific Ave. Equipment, 1015 Pacific Ave., Yakima, Washington 98901. A copy of the letter is attached to this notice.

Paul J. Luc#ern Administrative Law Judge Issued: August 11,2003

Pacific Ave. Equipment 1015 Pacific Ave. Yakima, Washington 9890 1 In the matter of CERTAIN AGRICULTURA VEHICLES AND COMPONENTS THEREOF Investigation No 337-TA-487 The Honorable Paul J. Lukern United States International Trade Commission 500 E.Street, S.W. Room 3 17 Washington, D.C. 20436 Your Honor;
I feel that the Deer & Company has given you false information about my company, I have never sold any Lenar tractors painted Teal and yellow nor do I know of any Lenar tractor painted green and yellow because they have never made one.

They say that I import Tractors I do not. Again Your Honor they have misled you and have falsely accused me of something I have not done. Your Honor since the Deer and Company has falsely accused me of things I have not done I feel I should make a Comment on the mater at hand. It seems that Deer and company wants all shades of Green and Yellow and that no other equipment manufacturing company is allow to use the green and yellow .I would like to say that there is no reason for them to have the exclusive on green and yellow that will cover over 1 1,000 shades of green and that same 11,000 in yellow according to Columbia Paint and Shenvood and Williams Paint. Deer and Company said that if other manufacturing are allowed to use the green and yellow combination it (might) lead People to thank they were getting a Deer tractor when they where not. Your Honor I was raised on a farm all my life and have been in the farm equipment business for over 40 yr. And have sold many tractor and peaces of equipment green and yellow it has never meant exclusive John Deer equipment. M y first company I worked for was Oliver Tractor Co There color was Green hoods and yellow wheels there was no mix up on the John Deer and the Oliver tractors, Also I have sold Yanmar Tractor made in Japan their colors were Lime Green hoods with Yellow wheels there was never a mix up on what was John Deer and Yanmar tractors. Your Honor I must point out that the John Deer tractor they are comparable to The Lenar tractor are not John Deer tractor they are Yanmar tractor made in Japan. Your Honor John Deer is misleading you and customers of mine and many other dealers by painting tractor they purchase from foreign manufactures and painting green and

yellow leading customers to believe that they are buying American tractors, Many customers to be come into my place of business and want to by a tractor and Im up front with them and tell the all about the tractor and where it is manufactured a number said I like the tractor but I will go to John Deer Because it is American manufactured tractor. When I tell them that all of John Deer tractors and equipment are not made in Americas they will not believe me, Your Honor lets talk colors, Look at I H tractors they are Red, Look at MF.Tractors They are Red, Tafe Tractors are Red there is no mix up on the peoples mind, that a I H tractor is a I H tractor and MF tractor is a MF tractor and that Tafe is a Tafe tractor also another example Allis Chalmers tractors Orange, Kubota is Orange, Tafe compact tractors are Orange, Kioti tractors Orange, the public do not have any problem telling which tractor is which because all have their name on the side of the tractors so does John Deer. Your Honor will you grant Fiat of Italy the exclusive rights to red and blue since they purchased Case, Ford, I H and New Holland their colors have been Red and Blue for as long as John Deer tractors have been green and yellow you see Your Honor if you give this to John Deer then when Fiat ask what chose will you have but grant them the same as you did with John Deer Now what colors are the other manufactures to use. Your Honor if you grant John Deer all shades of green and yellow this you will put a hardship on all other tractor and equipment manufactures because there are only 3 Basic colors to make different colors from. Your Honor Lenar tractors are Blue and Silver they do not use the Teal and Yellow any longer not because of John Deer but because they like Blue and Silver better. Now should Lenar be afraid that you will take the Blue and Silver also if and when Fiat comes to you and wants all shades of red and blue and silver will you g v e it to them also? Your Honor there is a John Deer Green and a John Deer yellow and all paint stores have a special code, there is a UPS brownwith special code, there is a Caterpillar Yellow with special code, there is a M F red with special code, there is a I H red special code, John Deer already have their special colors if you give them all shades then you have given them more protection than you will give the other manufactures %s then is unfair practices. Your Honor I thank you for reading this letter explaining that John Deer has mislead you about me, again I have not sold any Lenar tractors in Green and Yellow nor do I import tractors. I only warehouse for Lenar Equipment, LLC Your Honor I apology for not being good with words but maybe you can see that it is very Important not to give John Deer all shades of Green and Yellow.
I thank You Your Honor

Pacific Ave. Equipment Willie Owens

CERTAIN AGRICULTURAL VEHICLES AND COMPONENTS THEREOF

Investigation No. 337-TA-487

CERTIFICATE OF SERVICE

I, Marilyn R. Abbott, hereby certifl that the attached Notice was served by hand upon Commission Investigative Attorney David 0. Lloyd, Esq. and upon the following parties via first 1 7 . 7003 . class mail, and air mail where necessary, on August

U.S. Inbdational Trade Commission 500 E Street, SW - Room 112 Washington, DC 20436 For Complainant Deere & Company: Robert S. Swecker, Esq. Bassam N. Ibrahim, Esq. Burns, Doane, Swecker 81Mathis, LLP 1737 King Street, Suite 500 Alexandria, VA 223 14 For Respondent Agracat, Inc. & Jiangsu Yueda Co. Ltd.: John D. Pellegrin, Esq. Law Offices of John D. Pellegrin, P.C. 9306 Old Keene Mill Road Burke, VA 220 15 For Respondent Agracat, Inc.: Kent R. Stevens, Esq. 717 East Capitol St., SE Washington, DC 20003

CERTAIN AGRICULTURAL VEHICLES AND COMPONENTS THEREOF

Investigation No. 337-TA-487

CERTIFICATE OF SERVICE page 2

For Respondents Co-Ag LLC, Fitzpatrick Farms, Stanley Farm & J & T Farms: William A. Zeitler, Esq. David M. Schwartz, Esq. Mark L. Parsons, Esq. Ryan K. Manger, Esq. Thompson Coburn LLP 1909 K Street, NW, Suite 600 Washington, DC 20006 For Respondents Bourdeau Bros., Inc., Erntetechnik Franz Becker & OK Enterprises & Sunova Implement Co.: Nicholas Mesiti, Esq. David P. Miranda, Esq. Heslin Rothenberg Farley & Mesiti P.C. 5 Columbia Circle Albany, NY 12203 For Respondents Dongfeng Agricultural Machinery Group & Jiangling Tractor Co. : Gary M. Hnath, Esq. Fei-Fei Chao, Esq. Venable, Baetjer, Howard & Civiletti, LLP 1201 New York Avenue, NW, Ste. 1000 Washington, DC 20005-3917

CERTAIN AGRICULTURAL VEHICLES AND COMPONENTS THEREOF

Investigation No. 337-TA-487

CERTIFICATE OF SERVICE page 3 Respondents:

Agra-Infocentrum-Benelux Postbus 49 5 110 AA Baarle-Nassau The Netherlands

Agrideal Chemin des Perrines 3550 Vitre France Bolten Power Equipment c/o Mr. Graham Slieker 39 Whitcomb Road Bolton, MA 0 1740 Davey-Joans Tractor and Chopper Supermarket 980 SR 13 Box 173 Williamstown, NY 13493 Workhorse Tractors 366 16 N. 27* Avenue Desert Hill, AZ 85086 China America Imports 33898 Adler Lane Creswell, OR 97426 Lenar Equipment, LLC 3261 Northeast Alexander Lane Albany, OR 97321 Pacific Avenue Equipment 1015 Pacific Avenue Yakima, WA 98901

CERTAIN AGRICULTURAL VEHICLES AND COMPONENTS THEREOF

Investigation No. 337-TA-487

CERTIFICATE OF SERVICE page 4

Respondents: Task Master Equipment LLC/Tractors Etc. 83969 N. Pacific Highway 99 Creswell, OR 97426 SamTrac Tractor and Equipment 3 199 Plummers Lane, No. 13 Chico, CA 95973

CERTAIN AGRICULTURAL VEHICLES AND COMPONENTS THEREOF

Investigation No. 337-TA-487

PUBLIC MAILING LIST

Sherry Robinson LEXIS-NEXIS 8891 Gander Creek Drive Miamisburg, OH 45342 Ronnita Green West Group Suite 230 901 Fifteenth Street, N.W. Washington, D.C. 20005 (PARTIES NEED NOT SERVE COPIES ON LEXIS OR WEST PUBLISHING)