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Certain Replacement Automotive Service and Collission Parts and Components Thereof; Commission Determination Not To Review an Initial Determination Terminating Respondent Direct Technologies International, Inc. Based on Consent Order; Issuance of Consent Order; Finding Declaration for Immediate Relief Is Moot; Request for Written Submissions on Remedy, the Public Interest, and Bonding


American Government Topics:  Hyundai

Certain Replacement Automotive Service and Collission Parts and Components Thereof; Commission Determination Not To Review an Initial Determination Terminating Respondent Direct Technologies International, Inc. Based on Consent Order; Issuance of Consent Order; Finding Declaration for Immediate Relief Is Moot; Request for Written Submissions on Remedy, the Public Interest, and Bonding

Lisa Barton
International Trade Commission
1 April 2020


[Federal Register Volume 85, Number 63 (Wednesday, April 1, 2020)]
[Notices]
[Pages 18274-18275]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-06713]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1160]


Certain Replacement Automotive Service and Collission Parts and 
Components Thereof; Commission Determination Not To Review an Initial 
Determination Terminating Respondent Direct Technologies International, 
Inc. Based on Consent Order; Issuance of Consent Order; Finding 
Declaration for Immediate Relief Is Moot; Request for Written 
Submissions on Remedy, the Public Interest, and Bonding

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission (the ``Commission'') has determined not to review an initial 
determination (``ID'') (Order No. 36) terminating Direct Technologies 
International, Inc. on the basis of consent order. The Commission has 
determined to issue a consent order. The Commission has further 
determined to find that the complainants' declaration seeking immediate 
relief against certain respondents previously found to be in default is 
moot. The Commission also requests written submissions from the 
complainants, interested government agencies, and interested persons on 
the issues of remedy, the public interest, and bonding concerning 
certain respondents found in default.

FOR FURTHER INFORMATION CONTACT: Benjamin S. Richards, Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone (202) 708-5453. Copies of non-
confidential documents filed in connection with this investigation are 
or will be 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 SW, Washington, DC 20436, 
telephone (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 investigation may be viewed 
on the Commission's Electronic Docket Information System (``EDIS'') 
(https://edis.usitc.gov). Hearing-impaired persons are advised that 
information on this matter can be obtained by contacting the 
Commission's TDD terminal, telephone (202) 205-1810.

SUPPLEMENTARY INFORMATION: On June 7, 2019, the Commission instituted 
the above-referenced investigation based on a complaint filed by 
Hyundai Motor America, Inc. of Fountain Valley, California and Hyundai 
Motor Company of Seoul, Republic of Korea (collectively, ``Hyundai''). 
84 FR 26703-04 (June 7, 2019). The complaint alleges a violation of 19 
U.S.C. 1337, as amended (``Section 337''), in the importation, sale for 
importation, or sale in the United States after importation of certain 
gray market Hyundai parts in the categories of belts, body exterior and 
interior parts, brakes, wheel hubs, cooling system parts, drivetrain 
parts, electrical parts, emission parts, engine parts, exhaust parts, 
fuel/air pumps, oil/air/cabin air filters and parts, heat and A/C 
parts, ignition parts, steering parts, suspension parts, transmission 
parts, wheels and parts, wiper and washer parts, and accessories that 
infringe one or more of Hyundai's U.S. Trademark Registration Nos. 
1,104,727; 3,991,863; 1,569,538; and 4,065,195. Id. at 26704. The 
complaint further alleges that a domestic industry exists in the United 
States. Id.
    The Commission's notice of investigation named Direct Technologies 
International, Inc. (``DTI'') of North Miami Beach, Florida; AJ Auto 
Spare Parts FZE (``AJ Auto'') and John Auto Spare Parts Co. LLC (``John 
Auto''), both of Dubai, United Arab Emirates; and Cuong Anh Co. Ltd. 
(``Cuong Anh'') of Ninh Binh Province, Vietnam as respondents. The 
Office of Unfair Import Investigations was not named as a party to this 
investigation.
    On November 25, 2019, the Commission determined not to review an 
initial determination (Order No. 17) granting Hyundai's unopposed 
motion to find respondents AJ Auto, John Auto, and Cuong Anh 
(collectively, the ``Defaulting Respondents'') in default. Order No. 17 
(Nov. 5, 2019), not rev'd, Comm'n Notice (Nov. 25, 2019).
    On January 24, 2020, Hyundai filed a declaration seeking immediate 
entry of a limited exclusion order against the Defaulting Respondents 
and any of their affiliated companies, parents, subsidiaries, and 
related business entities, successors or assigns.
    On March 5, 2020, the presiding administrative law judge (``ALJ'') 
issued an initial determination (Order No. 36) granting a joint motion 
by Hyundai and DTI to terminate the investigation as to DTI on the 
basis of a consent order. The ALJ found that the consent order 
stipulation and proposed consent order complied with Commission Rule 
210.21(c)(3) and (4) (19 CFR 210.21(c)(3) and (4)). The ALJ also found 
that

[[Page 18275]]

termination of this investigation does not impose any undue burdens on 
the public health and welfare, competitive conditions in the United 
States economy, production of like or directly competitive articles in 
the United States, or United States consumers. No petitions for review 
of the ID were received.
    The Commission has determined not to review the subject ID and has 
determined to issue a consent order. The Commission has further 
determined that Hyundai's declaration is now moot given the termination 
of DTI, the final remaining respondent in this investigation. Finally, 
the Commission has determined to request briefing on the issues of 
remedy, bonding, and the public interest.
    Section 337(g)(1) (19 U.S.C. 1337(g)(1)) and Commission Rule 
210.16(c) (19 CFR 210.16(c)) authorize the Commission, upon request, to 
issue a limited exclusion order or a cease and desist order or both 
against a respondent found in default, unless after consideration of 
the public interest factors in Section 337(g)(1), it finds that such 
relief should not issue. Accordingly, in connection with the final 
disposition of this investigation, the Commission is interested in 
receiving written submissions that address the form of remedy, if any, 
that should be ordered with respect to the Defaulting Respondents, 
identified above. If a party seeks exclusion of an article from entry 
into the United States for purposes other than entry for consumption, 
the party should so indicate and provide information establishing that 
activities involving other types of entry either are adversely 
affecting it or likely to do so. For background, see Certain Devices 
for Connecting Computers via Telephone Lines, Inv. No. 337-TA-360, 
USITC Pub. No. 2843, Comm'n Op. at 7-10 (December 1994).
    The statute requires the Commission to consider the effects of that 
remedy upon the public interest. The public interest factors the 
Commission will consider include the effect that an exclusion order 
and/or cease and desist orders would have on (1) the public health and 
welfare, (2) competitive conditions in the U.S. economy, (3) U.S. 
production of articles that are like or directly competitive with those 
that are subject to investigation, and (4) U.S. consumers. The 
Commission is therefore interested in receiving written submissions 
that address the aforementioned public interest factors in the context 
of this investigation.
    If the Commission orders some form of remedy, the U.S. Trade 
Representative, as delegated by the President, has 60 days to approve, 
disapprove, or take no action on the Commission's action. See 
Presidential Memorandum of July 21, 2005, 70 FR 43251 (July 26, 2005). 
During this period, the subject articles would be entitled to enter the 
United States under bond, in an amount determined by the Commission and 
prescribed by the Secretary of the Treasury. The Commission is 
therefore interested in receiving submissions concerning the amount of 
the bond that should be imposed if a remedy is ordered.
    Written Submissions: Complainants, interested government agencies, 
and any other interested persons are encouraged to file written 
submissions on the issues of remedy, the public interest, and bonding.
    In their initial submission, complainants are requested to identify 
the form of the remedy sought and to submit proposed remedial orders 
for the Commission's consideration. Complainants are also requested to 
state the date that the asserted patents expire, the HTSUS subheadings 
under which the products at issue are imported, and to supply the 
identification information for all known importers of the products at 
issue in this investigation. Initial written submissions regarding 
remedy, bonding, and the public interest and proposed remedial orders 
must be filed no later than close of business on April 9, 2020. Reply 
submissions must be filed no later than the close of business on April 
16, 2020. No further submissions on these issues will be permitted 
unless otherwise ordered by the Commission.
    Persons filing written submissions must file the original document 
electronically on or before the deadlines stated above. The 
Commission's paper filing requirements are currently waived. 
Submissions should refer to the investigation number (``Inv. No. 337-
TA-1160'') in a prominent place on the cover page and/or the first 
page. (See Handbook on Filing Procedures, https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf). Persons with questions 
regarding filing should contact the Secretary at (202) 205-2000.
    Any person desiring to submit a document to the Commission in 
confidence must request confidential treatment unless the information 
has already been granted such treatment during the proceedings. All 
such requests should be directed to the Secretary of the Commission and 
must include a full statement of the reasons why the Commission should 
grant such treatment. See 19 CFR 210.6. Documents for which 
confidential treatment by the Commission is sought will be treated 
accordingly. A redacted non-confidential version of the document must 
also be filed simultaneously with any confidential filing. All 
information, including confidential business information and documents 
for which confidential treatment is properly sought, submitted to the 
Commission for purposes of this Investigation may be disclosed to and 
used: (i) By the Commission, its employees and Offices, and contract 
personnel (a) for developing or maintaining the records of this or a 
related proceeding, or (b) in internal investigations, audits, reviews, 
and evaluations relating to the programs, personnel, and operations of 
the Commission including under 5 U.S.C. Appendix 3; or (ii) by U.S. 
government employees and contract personnel \1\ solely for 
cybersecurity purposes. All non-confidential written submissions will 
be available for public inspection at the Office of the Secretary and 
on EDIS.
---------------------------------------------------------------------------

    \1\ All contract personnel will sign appropriate nondisclosure 
agreements.
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    The authority for the Commission's determination is contained in 
Section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and 
in part 210 of the Commission's Rules of Practice and Procedure (19 CFR 
part 210).

    By order of the Commission.

    Issued: March 26, 2020.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2020-06713 Filed 3-31-20; 8:45 am]
 BILLING CODE 7020-02-P

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