Certain Windshield Wipers and Components Thereof; Commission Determination To Review in Part and, on Review, To Reverse in Part and To Vacate in Part a Final Initial Determination Finding a Violation of Section 337, and To Remand the Investigation in Part to the Administrative Law Judge |
|---|
|
Lisa R. Barton
International Trade Commission
December 28, 2015
[Federal Register Volume 80, Number 248 (Monday, December 28, 2015)]
[Notices]
[Pages 80797-80798]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-32533]
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-928 Investigation No. 337-TA-937
(Consolidated)]
Certain Windshield Wipers and Components Thereof; Commission
Determination To Review in Part and, on Review, To Reverse in Part and
To Vacate in Part a Final Initial Determination Finding a Violation of
Section 337, and To Remand the Investigation in Part to the
Administrative Law Judge
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that the U.S. International Trade
Commission (``the Commission'') has determined to review in part and,
on review, to reverse in part and to vacate in part the final initial
determination (``ID'') issued by the presiding administrative law judge
(``ALJ'') on October 22, 2015. The Commission has also determined to
remand the investigation in part to the ALJ.
FOR FURTHER INFORMATION CONTACT: Michael Liberman, Esq., Office of the
General Counsel, U.S. International Trade Commission, 500 E Street SW.,
Washington, DC 20436, telephone (202) 205-3115. 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 Investigation No.
337-TA-928, Certain Windshield Wipers and Components Thereof, under
section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337
(``section 337''), on September 2, 2014, based on a complaint filed by
Valeo North America, Inc. of Troy, MI, and Delmex de Juarez S. de R.L.
de C.V. of Mexico (collectively, ``Valeo''). The complaint alleges a
violation of section 337 by reason of infringement of certain claims of
U.S. Patent Nos. 7,891,044 (``the `044 patent''); 7,937,798 (``the `798
patent''); and 8,220,106 by Federal-Mogul Corp. of Southfield,
Michigan, Federal-Mogul Vehicle Component Solutions, Inc. of
Southfield, Michigan, and Federal-Mogul of Aubange, Belgium
(collectively, ``Federal-Mogul''). 79 FR 52041-42 (Sep. 2, 2014).
On November 21, 2014, the Commission instituted Investigation No.
337-TA-937, Certain Windshield Wipers and Components Thereof, based on
a complaint filed by Valeo. The complaint alleges a violation of
section 337 by reason of infringement of certain claims of the `044
patent and the `798 patent by Trico Products Corporation of Rochester
Hills, Michigan, Trico Products of Brownsville, Texas, and Trico
Componentes SA de CV of Tamaulipas, Mexico (collectively, ``Trico'').
79 FR 69525-26 (Nov. 21, 2014).
On December 9, 2014, the ALJ consolidated investigations Nos. 337-
TA-928 and 337-TA-937. See ALJ Order No. 8 in Inv. No. 337-TA-928. The
Office of Unfair Import Investigations is not a party in these
consolidated investigations.
On May 19, 2015, Valeo and Federal-Mogul reached a settlement
agreement and filed a joint motion to terminate the Federal-Mogul
Respondents from the consolidated investigations, which was granted on
June 5, 2015. See ALJ Order No. 24, Inv. No. 337-TA-928 (June 5, 2015)
(not reviewed June 29, 2015). The Trico respondents remained in the
consolidated investigations.
The evidentiary hearing on the question of violation of section 337
was held in July of 2015. The final ID on violation was issued on
October 22, 2015. The ALJ issued his recommended determination on
remedy, the public interest and bonding on the same day. The ALJ found
that a violation of section 337 has occurred in the importation into
the United States, the sale for importation, or the sale within the
United States after importation of certain windshield wipers and
components thereof by reason of infringement of certain claims of the
`798 patent. The ALJ recommended that the Commission issue a limited
exclusion order directed to Trico's accused products that infringe the
`798 patent. The ALJ did not recommend that the Commission issue a
cease and desist order in this investigation. Both parties to this
investigation filed timely petitions for review of various portions of
the final ID, as well as timely responses to the petitions.
Having examined the record in this investigation, including the
ALJ's final ID, the petitions for review, and the responses thereto,
the Commission has determined to review the ID in part and, on review,
to take certain actions. In particular, the Commission has determined
as follows:
(1) To review the ALJ's determination in Order No. 36 (Jul. 16,
2015) precluding arguments and evidence relating to Trico's 618 and 596
connectors on the basis that they are obsolete and are irrelevant to
the present investigation, see ALJ Order No. 36 at 1, and on review, to
reverse this determination and to remand the investigation to the ALJ
with respect to this issue, to make findings regarding whether Trico
products with 618 and
[[Page 80798]]
596 connectors infringe either asserted patent and to make any
necessary related findings, as set forth in the accompanying Remand
Order.
(2) To review the ALJ's finding that Valeo's indirect infringement
claims are moot and, on review, to vacate it. The Commission finds it
unnecessary to reach the issue of whether Trico induced infringement of
the `798 patent with respect to the accused products considered by the
ALJ because the Commission has determined not to review the ALJ's
finding that Trico directly infringes the `798 patent.
(3) To review the ALJ's finding that Valeo established
quantitatively and qualitatively significant investment in plant and
equipment and thus satisfies economic prong of the domestic industry
requirement under subsection (A) of section 337(a)(3) and, on review,
to take no position with respect to this finding.
(4) To review the final ID with respect to footnote 7 on page 17
and, on review, to modify the subject footnote by striking its second
sentence.
The Commission has determined not to review the remainder of the
final ID. The Commission does not seek further briefing at this time.
In light of the remand, the ALJ shall set a new target date within
thirty days of the date of this notice consistent with the Remand
Order. The current target date for this investigation is February 23,
2016.
Any briefing on reviewed and remanded issues, and on remedy,
bonding, and the public interest will follow Commission consideration
of the remand ID.
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 Part 210 of the Commission's Rules of Practice and Procedure (19 CFR
part 210).
By order of the Commission.
Issued: December 21, 2015.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2015-32533 Filed 12-24-15; 8:45 am]
BILLING CODE 7020-02-P