Certain Windscreen Wipers and Components Thereof Institution of Investigation |
|---|
|
Lisa R. Barton
International Trade Commission
August 24, 2015
[Federal Register Volume 80, Number 163 (Monday, August 24, 2015)]
[Notices]
[Pages 51308-51309]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-20797]
=======================================================================
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-964]
Certain Windscreen Wipers and Components Thereof Institution of
Investigation
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that a complaint was filed with the
U.S. International Trade Commission on July 20, 2015, under section 337
of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of
Trico Products Corporation of Rochester Hills, Michigan. Supplements to
the complaint were filed on July 31, August 10, and August 17, 2015.
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
windscreen wipers and components thereof by reason of infringement of
certain claims of U.S. Patent No. 6,836,925 (``the '925 patent'') and
U.S. Patent No. 6,799,348 (``the '348 patent''). The complaint further
alleges that an industry in the United States exists as required by
subsection (a)(2) of section 337.
The complainant requests 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 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 (2015).
Scope of Investigation: Having considered the complaint, the U.S.
International Trade Commission, on August 17, 2015, 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 windscreen
wipers and components thereof by reason of infringement of one or more
of claims 1, 7, 8, 14, and 15 of the '925 patent and claims 1 and 10 of
the '348 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 complainant is: Trico Products Corporation, 3255 West
Hamlin Road, Rochester Hills, MI 48309.
[[Page 51309]]
(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:
Valeo North America, Inc., 150 Stephenson Highway, Troy, MI 48083.
Delmex de Juarez S. de R.L. de C.V., Avenida de las Torres y calle
Intermex #1681, Parque Industrial Intermex, Cd. Juarez, Chihuahua
32640, Mexico.
(3) For the investigation so instituted, the Chief Administrative
Law Judge, U.S. International Trade Commission, shall designate the
presiding Administrative Law Judge.
The Office of Unfair Import Investigations will not participate as
a party in this investigation.
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: August 18, 2015.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2015-20797 Filed 8-21-15; 8:45 am]
BILLING CODE 7020-02-P