Certain Starter Motors and Alternators; Notice of Investigation

Marilyn R. Abbott
January 19, 2011

[Federal Register: January 19, 2011 (Volume 76, Number 12)]
[Notices]               
[Page 3158-3159]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19ja11-90]                         

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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-755]

 
Certain Starter Motors and Alternators; Notice of Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Institution of investigation pursuant to 19 U.S.C. 1337.

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SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on December 9, 2010, under section 
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
Remy International, Inc. of Pendleton, Indiana. A letter supplementing 
certain exhibits to the complaint was filed on December 30, 2010. An 
amended complaint was filed on January 3, 2011 on behalf of Remy 
International, Inc. and Remy Technologies, LLC, both of Pendleton, 
Indiana. The amended complaint alleges violations of section 337 based 
upon the importation into the United States, the sale for importation, 
and the sale within the United States after importation of certain 
starter motors and alternators by reason of infringement of certain 
claims of U.S. Patent No. 5,105,114 (``the `114 patent''); U.S. Patent 
No. 5,252,878 (``the `878 patent''); U.S. Patent No. 5,268,605 (``the 
`605 patent''); U.S. Patent No. 5,295,404 (``the `404 patent''); U.S. 
Patent No. 5,307,700 (``the `700 patent''); U.S. Patent No. 5,315,195 
(``the `195 patent''); and U.S. Patent No. 5,453,648 (``the `648 
patent). The amended complaint further alleges that an industry in the 
United States exists as required by subsection (a)(2) of section 337.
    The complainants request that the Commission institute an 
investigation and, after the investigation, issue an exclusion order 
and cease and desist orders.

ADDRESSES: The amended complaint, except for any confidential 
information contained therein, is 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., Room 
112, Washington, DC 20436, telephone 202-205-2000. Hearing impaired 
individuals are advised that information on this matter can be obtained 
by contacting the Commission's TDD terminal on 202-205-1810. Persons 
with mobility impairments who will need special assistance in gaining 
access to the Commission should contact the Office of the Secretary at 
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.

FOR FURTHER INFORMATION CONTACT: Anne Goalwin, Esq., Office of Unfair 
Import Investigations, U.S. International Trade Commission, telephone 
(202) 205-2574.

    Authority:  The authority for institution of this investigation 
is contained in section 337 of the Tariff Act of 1930, as amended, 
and in section 210.10 of the Commission's Rules of Practice and 
Procedure, 19 CFR 210.10 (2010).

    Scope of Investigation: Having considered the amended complaint, 
the U.S. International Trade Commission, on January 12, 2011, ordered 
that--
    (1) Pursuant to subsection (b) of section 337 of the Tariff Act of 
1930, as amended, an investigation be instituted to determine whether 
there is a violation of subsection (a)(1)(B) of section 337 in the 
importation into the United States, the sale for importation, or the 
sale within the United States after importation of certain starter 
motors and alternators that infringe one or more of claims 1-4 of the 
`114 patent; claims 1-3 of the `878 patent; claims 1-5 of the `605 
patent; claims 1-4 of the `404 patent; claims 1-6 of the `700 patent; 
claims 1-6 of the `195 patent; and claims 1-12 of the `648 patent, and 
whether an industry in the United States exists as required by 
subsection (a)(2) of section 337;
    (2) For the purpose of the investigation so instituted, the 
following are hereby named as parties upon which this notice of 
investigation shall be served:
    (a) The complainants are:

Remy International, Inc., 600 Corporation Drive, Pendleton, IN 46064.
Remy Technologies, L.L.C., 600 Corporation Drive, Pendleton, IN 46064.

    (b) The respondents are the following entities alleged to be in 
violation of section 337, and are the parties upon which the amended 
complaint is to be served:

Wetherill Associates, Inc. d/b/a WAIGlobal, 4491 S. State Road 7, Suite 
210, Fort Lauderdale, FL 33314.
Linhai Yongci, Liangshui Foreign Investment Zone, Linhai City, 
Zhenjiang 317000, China.
Metric Sales & Engineering, 1622 Willow Road, Suite 205, Northfield, IL 
60093.
Wan Li Industrial Developement, Inc., 1845 Belcroft Avenue, South El 
Monte, CA 91733.
Yongkang Boyu Auto Motor Company, Haers Road 5, Hardware 
Science and Technology Industrial Park, Yongkang, Zhenjiang 321300, 
China.
Wuxi Susan Auto Parts Company, 7 Dajishan Road, South Side, Wuxi City, 
Changzhou 214064, China.
American Automotive Parts, Inc., 7007 N. Austin Avenue, Niles, IL 
60714.
Motorcar Parts of America, Inc., 2929 California Street, Torrance, CA 
90503.

    (c) The Commission investigative attorney, party to this 
investigation, is Anne Goalwin, Esq., Office of Unfair Import 
Investigations, U.S. International Trade Commission, 500 E Street, SW., 
Suite 401, Washington, DC 20436; and
    (3) For the investigation so instituted, the Honorable Paul J. 
Luckern, Chief Administrative Law Judge, U.S. International Trade 
Commission, shall designate the presiding Administrative Law Judge.
    Responses to the amended complaint and the notice of investigation 
must be submitted by the named respondents in accordance with section 
210.13 of the Commission's Rules of Practice and Procedure, 19 CFR 
210.13. Pursuant to 19 CFR 201.16(d)-(e) and 210.13(a), such responses 
will be considered by the Commission if received not later than 20 days 
after the date of service by the Commission of the amended complaint 
and the notice of investigation. Extensions of time for submitting 
responses to the amended

[[Page 3159]]

complaint and the notice of investigation will not be granted unless 
good cause therefor is shown.
    Failure of a respondent to file a timely response to each 
allegation in the amended complaint and in this notice may be deemed to 
constitute a waiver of the right to appear and contest the allegations 
of the amended complaint and this notice, and to authorize the 
administrative law judge and the Commission, without further notice to 
the respondent, to find the facts to be as alleged in the amended 
complaint and this notice and to enter an initial determination and a 
final determination containing such findings, and may result in the 
issuance of an exclusion order or a cease and desist order or both 
directed against the respondent.

    By order of the Commission.

    Issued: January 13, 2011.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 2011-1002 Filed 1-18-11; 8:45 am]
BILLING CODE 7020-02-P