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In the Matter of Certain Automotive Vehicles and Designs Therefor Notice of Request for Written Submissions on Remedy, the Public Interest, and Bonding With Respect to Respondents Found in Default




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American Government

In the Matter of Certain Automotive Vehicles and Designs Therefor Notice of Request for Written Submissions on Remedy, the Public Interest, and Bonding With Respect to Respondents Found in Default

Marilyn R. Abbott
December 2, 2010

[Federal Register: December 2, 2010 (Volume 75, Number 231)]
[Notices]               
[Page 75184-75185]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02de10-27]                         

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INTERNATIONAL TRADE COMMISSION

 
 [Investigation No. 337-TA-722]

 In the Matter of Certain Automotive Vehicles and Designs Therefor 
Notice of Request for Written Submissions on Remedy, the Public 
Interest, and Bonding With Respect to Respondents Found in Default

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission is requesting briefing on remedy, the public interest, and 
bonding with respect to two respondents previously found in default in 
the above-captioned investigation.

FOR FURTHER INFORMATION CONTACT: Clint Gerdine, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street, 
SW., Washington, DC 20436, telephone (202) 708-2310. 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 at 
http://www.usitc.gov. 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 this matter can be obtained by contacting the Commission's TDD 
terminal on (202) 205-1810.

SUPPLEMENTARY INFORMATION: The Commission instituted this investigation 
on June 17, 2010, based on a complaint filed by Chrysler Group LLC 
(``Chrysler'') of Auburn Hills, Michigan. 75 FR 34483-84 (June 17, 
2010). The complaint alleges violations of section 337 of the Tariff 
Act of 1930, as amended, 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 automotive vehicles and designs 
therefor by reason of infringement of U.S. Patent No. D513,395. The 
complaint further alleges the existence of a domestic industry. The 
Commission's notice of investigation named several respondents 
including Vehicles Online, Inc. (``Vehicles'') of Charlotte, North 
Carolina; Boat N RV Supercenter (``Boat N RV'') of Rockwood, Tennessee; 
and Shanghai Tandem Industrial Co., Ltd. (``Shanghai Tandem'') of 
China.
    On July 7, 2010, Chrysler moved, pursuant to 19 CFR 210.16, for: 
(1) An order directing respondents Vehicles and Boat N RV to show cause 
why they should not be found in default for failure to respond to the 
complaint and notice of investigation as required by Sec.  210.13; and 
(2) the issuance of an initial determination (``ID'') finding Vehicles 
and Boat N RV in default upon their failure to show cause. On July 19, 
2010, the ALJ issued Order No. 8 which required Vehicles and Boat N RV 
to show cause no later than August 2, 2010, as to why they should not 
be held in default and judgment rendered against them pursuant to Sec.  
210.16. Boat N RV responded to Order No. 8, but no response was 
received from Vehicles.
    The presiding administrative law judge (``ALJ'') issued an ID on 
August 11, 2010, finding Vehicles in default, pursuant to Sec. Sec.  
210.13, 210.16, because Vehicles did not respond to the complaint and 
notice of investigation, or to Order No. 8 to show cause. On September 
9, 2010, the Commission issued notice of its determination not to 
review the ALJ's ID finding Vehicles in default.
    On August 19, 2010, Chrysler moved, pursuant to 19 CFR 210.16, for: 
(1) An order directing respondent Shanghai Tandem to show cause why it 
should not be found in default for failure to respond to the complaint 
and notice of investigation as required by Sec.  210.13; and (2) the 
issuance of an ID finding Shanghai Tandem in default upon its failure 
to show cause. On August 31, 2010, the ALJ issued Order No. 12 which 
required Shanghai Tandem to show cause no later than September 14, 
2010, as to why it should not be held in default and judgment rendered 
against it pursuant to Sec.  210.16.

[[Page 75185]]

    The ALJ issued an ID on September 22, 2010, finding Shanghai Tandem 
in default, pursuant to Sec. Sec.  210.13, 210.16, because Shanghai 
Tandem did not respond to the complaint and notice of investigation, or 
to Order No. 12 to show cause. On October 14, 2010, the Commission 
issued notice of its determination not to review the ALJ's ID finding 
Shanghai Tandem in default.
    On October 29, 2010, complainant Chrysler filed declarations 
requesting immediate relief against the defaulting respondents. On 
November 15, 2010, the Commission determined not to review an ID (Order 
No. 17) terminating the last remaining respondents, including Boat N 
RV, on the basis of a consent order.
    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 to order 
limited relief against a respondent found in default, unless after 
consideration of the public interest factors, it finds that such relief 
should not issue. The Commission may (1) issue an order that could 
result in the exclusion of the subject articles from entry into the 
United States, and/or (2) issue one or more cease and desist orders 
that could result in the respondent being required to cease and desist 
from engaging in unfair acts in the importation and sale of such 
articles. Accordingly, the Commission is interested in receiving 
written submissions that address the form of remedy, if any, that 
should be ordered. 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 are either adversely 
affecting it or likely to do so. For background, see In the Matter of 
Certain Devices for Connecting Computers via Telephone Lines, Inv. No. 
337-TA-360, USITC Pub. No. 2843 (December 1994) (Commission Opinion).
    If the Commission contemplates some form of remedy, it must 
consider the effects of that remedy upon the public interest. The 
factors the Commission will consider include the effect that an 
exclusion order and/or cease and desist order 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 President has 60 
days to approve or disapprove the Commission's action. 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: The parties to the investigation, interested 
government agencies, and any other interested parties are encouraged to 
file written submissions on the issues of remedy, the public interest, 
and bonding. Complainant and the investigative attorney are also 
requested to submit proposed remedial orders for the Commission's 
consideration. Complainant is requested to state the dates that the 
patents at issue expire and the HTSUS numbers under which the accused 
products are imported. The written submissions and proposed remedial 
orders must be filed no later than close of business on December 6, 
2010. Reply submissions must be filed no later than the close of 
business on December 14, 2010. No further submissions on these issues 
will be permitted unless otherwise ordered by the Commission.
    Persons filing written submissions must file the original document 
and 12 true copies thereof on or before the deadlines stated above with 
the Office of the Secretary. Any person desiring to submit a document 
(or portion thereof) 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. All 
nonconfidential written submissions will be available for public 
inspection at the Office of the Secretary.
    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 sections 210.16 and 210.50 of the Commission's Rules of Practice and 
Procedure (19 CFR 210.16 and 210.50).

    By order of the Commission.

    Issued: November 29, 2010.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 2010-30280 Filed 12-1-10; 8:45 am]
BILLING CODE 7020-02-P



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