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William R. Bishop
Federal Register
March 15, 2011
[Federal Register: March 15, 2011 (Volume 76, Number 50)]
[Notices]
[Page 14070-14072]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15mr11-129]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-722]
In the Matter of Certain Automotive Vehicles and Designs
Therefore; Notice of Commission Issuance of Limited Exclusion Order and
Cease and Desist Orders Against Infringing Products of Respondents
Found in Default; Termination of Investigation
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
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[[Page 14071]]
SUMMARY: Notice is hereby given that the U.S. International Trade
Commission has terminated the above-captioned investigation under
section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and
has issued the following remedial orders against respondents previously
found in default: a cease and desist order against infringing products
of Vehicles Online, Inc. (``Vehicles'') of Charlotte, North Carolina,
and a limited exclusion order and a cease and desist order against
infringing products of Shanghai Tandem Industrial Co., Ltd. (``Shanghai
Tandem'') of China.
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
'395 patent''). The complaint further alleges the existence of a
domestic industry. The Commission's notice of investigation named
several respondents including Vehicles, Boat N RV Supercenter (``Boat N
RV'') of Rockwood, Tennessee, and Shanghai Tandem.
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 19 CFR 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 and 210.16, because Vehicles did not respond to the complaint
and notice of investigation or to Order No. 8's instruction 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 Sec. 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.
The ALJ issued an ID on September 22, 2010, finding Shanghai Tandem
in default, pursuant to Sec. Sec. 210.13 and 210.16, because Shanghai
Tandem did not respond to the complaint and notice of investigation or
to Order No. 12's instruction 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. On November 29, 2010, the
Commission issued a Notice that requested briefing from interested
parties on remedy, the public interest, and bonding with respect to
respondents found in default. 75 FR 75184-85 (Dec. 2, 2010).
Chrysler and the Commission investigative attorney submitted
briefing responsive to the Commission's request on December 6 and 14,
2010, respectively. Each proposed a cease and desist order directed to
Vehicles' infringing products, and a limited exclusion order and a
cease and desist order directed to Shanghai Tandem's infringing
products. Neither party requested bonding during the period of
Presidential review.
The Commission found that the statutory requirements of section
337(g)(1)(A)-(E) (19 U.S.C. 1337(g)(1)(A)-(E)) were met with respect to
the defaulting respondents. Accordingly, pursuant to section 337(g)(1)
(19 U.S.C. 1337(g)(1)) and Commission rule 210.16(c) (19 CFR
210.16(c)), the Commission presumed the facts alleged in the complaint
to be true. The Commission has determined that the appropriate form of
relief is the following: (1) Cease and desist orders prohibiting
Vehicles and Shanghai Tandem from conducting any of the following
activities in the United States: importing, selling, marketing,
advertising, distributing, offering for sale, transferring (except for
exportation), and soliciting U.S. agents or distributors for automotive
vehicles and designs therefor that infringe the '395 patent; and (2) a
limited exclusion order prohibiting the unlicensed entry of automotive
vehicles and designs therefore that infringe the '395 patent, which are
manufactured abroad by or on behalf of, or are imported by or on behalf
of, Shanghai Tandem, or any of its affiliated companies, parents,
subsidiaries, licensees, contractors, or other related business
entities, or its successors or assigns.
The Commission has further determined that the public interest
factors enumerated in section 337(g)(1) (19 U.S.C. 1337(g)(1)) do not
preclude issuance of the limited exclusion order or the cease and
desist orders. Finally, the Commission has determined that no bond is
required during the period of Presidential review (19 U.S.C. 1337(j)).
The Commission's orders were delivered to the President and to the
United States Trade Representative on the day of their issuance.
The Commission has terminated this investigation. 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(c) and 210.41 of the Commission's Rules of Practice and
Procedure (19 CFR 210.16(c) and 210.41).
By order of the Commission.
[[Page 14072]]
Issued: March 10, 2011.
William R. Bishop,
Hearings and Meetings Coordinator.
[FR Doc. 2011-5999 Filed 3-14-11; 8:45 am]
BILLING CODE 7020-02-P
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