Certain Tires and Products Containing Same; Institution of Investigation Pursuant to United States Code

Certain Tires and Products Containing Same; Institution of Investigation Pursuant to United States Code
Topics: Toyo Tire, Nitto
Certain Tires and Products Containing Same; Institution of Investigation Pursuant to United States Code
Lisa R. Barton
International Trade Commission
September 20, 2013
[Federal Register Volume 78, Number 183 (Friday, September 20, 2013)]
[Notices]
[Pages 57882-57883]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-22895]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-894]


Certain Tires and Products Containing Same; Institution of 
Investigation Pursuant to United States Code

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on August 14, 2013, under section 
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
Toyo Tire & Rubber Co., Ltd. of Japan; Toyo Tire Holdings of Americas 
Inc. of Cypress, California; Toyo Tire U.S.A. Corp. of Cypress, 
California; Nitto Tire U.S.A. Inc. of Cypress, California; and Toyo 
Tire North America Manufacturing Inc. of White, Georgia. A supplement 
to the complaint was filed on September 5, 2013. The complaint, as 
supplemented, 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 tires and 
products containing same by reason of infringement of U.S. Design 
Patent No. D487,424 (``the '424 patent''); U.S. Design Patent No. 
D610,975 (``the '975 patent''); U.S. Design Patent No. D610,976 (``the 
'976 patent''); U.S. Design Patent No. D610,977 (``the '977 patent''); 
U.S. Design Patent No. D615,031 (``the '031 patent''); U.S. Design 
Patent No. D626,913 (``the '913 patent''); U.S. Design Patent No. 
D458,214 (``the '214 patent''); and U.S. Design Patent No. D653,200 
(``the '200 patent''). The 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 a limited exclusion 
order and cease and desist orders.

ADDRESSES: The 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

[[Page 57883]]

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: The Office of Unfair Import 
Investigations, U.S. International Trade Commission, telephone (202) 
205-2560.

    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 (2013).

    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on September 13, 2013, 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 tires and 
products containing same by reason of infringement of one or more of 
the claim of the '424 patent; the claim of the '975 patent; the claim 
of the '976 patent; the claim of the '977 patent; the claim of the '031 
patent; the claim of the '913 patent; the claim of the '214 patent; and 
the claim of the '200 patent; and whether an industry in the United 
States exists as required by subsection (a)(2) of section 337;
    (2) Pursuant to Commission Rule 210.50(b)(1), 19 CFR 210.50(b)(1), 
the presiding administrative law judge shall take evidence or other 
information and hear arguments from the parties and other interested 
persons with respect to the public interest in this investigation, as 
appropriate, and provide the Commission with findings of fact and a 
recommended determination on this issue, which shall be limited to the 
statutory public interest factors set forth in 19 U.S.C. 1337(d)(1), 
(f)(1), and (g)(1);
    (3) 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:

Toyo Tire & Rubber Co., Ltd., 1-17-18 Edobori, Nishi-ku, Osaka 550-
8661, Japan
Toyo Tire Holdings of Americas Inc., 5665 Plaza Drive, Suite 200, 
Cypress, CA 90630
Toyo Tire U.S.A. Corp., 5665 Plaza Drive, Suite 200, Cypress, CA 90630
Nitto Tire U.S.A. Inc., 5665 Plaza Drive, Suite 200, Cypress, CA 90630
Toyo Tire North America Manufacturing Inc., 3660 Highway 411 NE., 
White, GA 30184

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

Hong Kong Tri-Ace Tire Co., Ltd., No. 612 6/F South Tower, Guangzhou 
International Trade Building, Tianhe, Guangzhou, Guangdong, China 
510620
Weifang Shunfuchang Rubber & Plastic Co., Ltd., The West of JinGuang 
Street, Chenming Industrial Park, Shouguang City, Shandong, China 
262719
Doublestar Dong Feng Tyre Co., Ltd., No. 21 Hanjiang North Road, 
Shiyan, Hubei, China 442011
Shandong Yongtai Chemical Group Co., Ltd., No. 14 Yingchun Road, Dawang 
Town, Shangrao, Dongying, Shandong, China 257335
MHT Luxury Alloys, 19200 S Reyes Avenue, Rancho Dominguez, CA 90221
Wheel Warehouse, Inc., 125 W La Palma Ave., Unit P, Anaheim, CA 92801
Shandong Linglong Tyre Co., Ltd., 777 Jinlong Road, Zhaoyuan City, 
Shangdong, China 265406
Dunlap & Kyle Company, Inc., d/b/a Gateway Tire and Service, Eureka St. 
Extended, Batesville, MS 38606
Unicorn Tire Corp., 4660 Distriplex Drive West, Memphis, TN 38118
West KY Customs, LLC, 380 Chapel Lane, Benton, KY 42025
Svizz-One Corporation Ltd., 4/1-2 Moo 7, Banglane-Kohrat Road, Bangpla, 
Banglane, Nakornpathom, Thailand 73170
South China Tire and Rubber Co., Ltd., 116 Donghuan Road, Panyu 
District, Guangzhou City, Guangdong, China 511400
American Omni Trading Co., LLC, 15354 Park Row, Houston, TX 77084
Tire & Wheel Master, Inc., 3745 Petersen Road, Stockton, CA 95215
Simple Tire, 472 S Walnut Avenue, Cookeville, TN 38501
WTD Inc., 16201 Commerce Way, Cerritos, CA 90703
Guangzhou South China Tire & Rubber Co., Ltd., Bldg 14 13 
Qianjin Road (C), Aotou, Conghua, Guangdong, China 510940
Turbo Wholesale Tires, Inc., 5793 Martin Road, Irwindale, CA 91706
TireCrawler.com, 12238 S Woodruff Avenue, Downey, CA 90241
Lexani Tires Worldwide, Inc., 5793 Martin Road, Irwindale, CA 91706
Vittore Wheel & Tire, 502 Industrial Park Avenue, Asheboro, NC 27203
RTM Wheel & Tire, 162 North Cherry Street, Asheboro, NC 27203
    (c) The Office of Unfair Import Investigations, U.S. International 
Trade Commission, 500 E Street SW., Suite 401, Washington, DC 20436; 
and

    (4) For the investigation so instituted, the Chief Administrative 
Law Judge, U.S. International Trade Commission, shall designate the 
presiding Administrative Law Judge.
    Responses to the 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(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 complaint and the notice 
of investigation. Extensions of time for submitting responses to the 
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 complaint and in this notice may be deemed to 
constitute a waiver of the right to appear and contest the allegations 
of the 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 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: September 16, 2013.
Lisa R. Barton,
Acting Secretary to the Commission.
[FR Doc. 2013-22895 Filed 9-19-13; 8:45 am]
BILLING CODE 7020-02-P