(Consolidated) (Remand) Certain Windshield Wipers and Components Thereof; Commission Determination Not To Review Two Initial Determinations; Schedule for Filing Written Submissions on Remedy, the Public Interest, and Bonding; Extension of the Target Date for Completion of the Investigation

Lisa R. Barton
International Trade Commission
17 February 2016

[Federal Register Volume 81, Number 31 (Wednesday, February 17, 2016)]
[Notices]
[Pages 8096-8098]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-03205]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-928 and Investigation No. 337-TA-937]


 (Consolidated) (Remand) Certain Windshield Wipers and Components 
Thereof; Commission Determination Not To Review Two Initial 
Determinations; Schedule for Filing Written Submissions on Remedy, the 
Public Interest, and Bonding; Extension of the Target Date for 
Completion of the Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined not to review (1) an initial determination 
(``ID'') (Order No. 43) of the presiding administrative law judge 
(``ALJ'') granting complainants' motion to terminate the remand 
investigation with respect to certain products and (2) a remand ID. The 
Commission has set a schedule for filing written submissions on remedy, 
the public interest, and bonding. The Commission has also determined to 
extend the target date for completion of this investigation to April 
12, 2016.

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

[[Page 8097]]

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 S.A. of Aubange, Belgium (collectively, ``Federal-
Mogul''). 79 FR 52041-42 (Sep. 2, 2014).
    On November 21, 2014, the Commission instituted a Section 337 
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 337-TA-928 
and 337-TA-937. See ALJ Order No. 8 in the investigation 337-TA-928. 
The Office of Unfair Import Investigations does not participate as a 
party in these consolidated investigations.
    The evidentiary hearing on the question of violation of section 337 
was held in July of 2015. On October 22, 2015, the ALJ issued his final 
ID finding a violation of section 337 with respect to certain claims of 
the `798 patent.
    On December 21, 2015, the Commission issued a notice (``Commission 
Notice'') in which the Commission 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 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.

Commission Notice at 2-3. The Commission determined not to review the 
remainder of the final ID.

    On January 7, 2016, complainants Valeo moved to terminate the 
Remand Investigation with respect to Trico's products with 618 and 596 
connectors. In its motion, Valeo states that it has withdrawn its 
assertion of infringement of the asserted patents against such 
products. On January 11, 2016, the ALJ issued an ID (Order No. 43) 
granting Valeo's unopposed motion.
    On the same day, the ALJ issued a Remand ID. The ALJ stated that in 
view of Order No. 43 granting Complainants' motion to terminate the 
Remand Investigation with respect to Trico's products with the 618 and 
596 connectors, the Commission's Remand Order dated December 21, 2015, 
directing the ALJ to: (1) Make findings regarding whether Trico 
products with 618 and 596 connectors infringe the Asserted Patents; and 
(2) issue an ID within 30 days of the Remand Order extending the target 
date, is moot. Remand ID at 1. No party petitioned for review of any of 
the subject IDs, and the Commission has determined not to review them. 
The Commission's determination results in a finding of violation as to 
the '798 patent. The Commission has determined to extend the target 
date for completion of this investigation to April 12, 2016.
    In connection with the final disposition of this investigation, the 
Commission may (1) issue an order that could result in the exclusion of 
the subject articles from entry into the United States, and/or (2) 
issue one or more cease and desist orders that could result in the 
respondent being required to cease and desist from engaging in unfair 
acts in the importation and sale of such articles. Accordingly, the 
Commission is interested in receiving written submissions that address 
the form of remedy, if any, that should be ordered. If a party seeks 
exclusion of an article from entry into the United States for purposes 
other than entry for consumption, the party should so indicate and 
provide information establishing that activities involving other types 
of entry either are adversely affecting it or are likely to do so. For 
background, see In the Matter of Certain Devices for Connecting 
Computers via Telephone Lines, Inv. No. 337-TA-360, USITC Pub. No. 2843 
(Dec. 1994) (Commission Opinion).
    If the Commission contemplates some form of remedy, it must 
consider the effects of that remedy upon the public interest. The 
factors the Commission will consider include the effect that an 
exclusion order and/or cease and desist orders would have on (1) the 
public health and welfare, (2) competitive conditions in the U.S. 
economy, (3) U.S. production of articles that are like or directly 
competitive with those that are subject to investigation, and (4) U.S. 
consumers. The Commission is therefore interested in receiving written 
submissions that address the aforementioned public interest factors in 
the context of this investigation.
    If the Commission orders some form of remedy, the President has 60 
days to approve or disapprove the Commission's action. During this 
period, the subject articles would be entitled to enter the United 
States under bond, in an amount determined by the Commission and 
prescribed by the Secretary of the Treasury. The Commission is 
therefore interested in receiving submissions concerning the amount of 
the bond that should be imposed.
    Written Submissions: The parties to the investigation are requested 
to file written submissions on the issues under review. The submissions 
should be concise and thoroughly referenced to the record in this 
investigation. Parties to the investigation, interested government 
agencies, and any other interested parties are encouraged to file 
written submissions on the issues of remedy, the public interest, and 
bonding. Such submissions should address the recommended determination 
on remedy and bonding issued on October 22, 2015, by the ALJ. 
Complainants are also requested to submit proposed remedial orders for 
the Commission's consideration. Complainants are further requested to 
provide the expiration date of the '798 patent and state the HTSUS 
numbers under which the accused articles are imported. The written 
submissions and proposed remedial orders must be filed no later than 
the close of business on February 24, 2016. Reply submissions must be 
filed no later than the close of business on March 2, 2016. No further 
submissions on these issues will be permitted unless otherwise ordered 
by the Commission.
    Persons filing written submissions must file the original document

[[Page 8098]]

electronically on or before the deadlines stated above and submit 8 
true paper copies to the Office of the Secretary by noon the next day 
pursuant to section 210.4(f) of the Commission's Rules of Practice and 
Procedure (19 CFR 210.4(f)). Submissions should refer to the 
investigation number (``Inv. No. 337-TA-928/937'') in a prominent place 
on the cover page and/or the first page. (See Handbook for Electronic 
Filing Procedures, http://www.usitc.gov/secretary/fed_reg_notices/rules/handbook_on_electronic_filing.pdf). Persons with questions 
regarding filing should contact the Secretary (202-205-2000).
    Any person desiring to submit a document to the Commission in 
confidence must request confidential treatment. All such requests 
should be directed to the Secretary to the Commission and must include 
a full statement of the reasons why the Commission should grant such 
treatment. See 19 CFR 201.6. Documents for which confidential treatment 
by the Commission is properly sought will be treated accordingly. A 
redacted non-confidential version of the document must also be filed 
simultaneously with any confidential filing. All non-confidential 
written submissions will be available for public inspection at the 
Office of the Secretary and on EDIS.
    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: February 10, 2016.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2016-03205 Filed 2-16-16; 8:45 am]
 BILLING CODE 7020-02-P