Certain Passenger Vehicle Automotive Wheels; Commission Determination Not To Review Initial Determination Terminating the Investigation as to the Last Remaining Respondents; Termination of the Investigation

Lisa R. Barton
International Trade Commission
15 February 2017

[Federal Register Volume 82, Number 30 (Wednesday, February 15, 2017)]
[Notices]
[Pages 10781-10782]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-02987]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1006]


Certain Passenger Vehicle Automotive Wheels; Commission 
Determination Not To Review Initial Determination Terminating the 
Investigation as to the Last Remaining Respondents; Termination 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 an initial determination 
(``ID'') (Order No. 24) of the presiding administrative law judge 
(``ALJ''), terminating the above-captioned investigation as to 
respondents A-Z Wheels, LLC, Galaxy Wheels & Tires, LLC, and Infobahn 
International, Inc., all of San Diego, California (collectively, ``the 
last remaining respondents''), based on withdrawal of the allegations 
in the complaint. The Commission has also determined to terminate the 
investigation.

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 https://www.usitc.gov. The public record for this investigation may be viewed 
on the Commission's electronic docket (EDIS) at https://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, 2016, based on a complaint filed on behalf of Daimler AG of 
Stuttgart, Germany. 81 FR 39711-12. The complaint alleges violations of 
section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, by 
reason of infringement of the following U.S. design patents and U.S. 
registered trademarks: D542,211 (``the 'D211 patent''); D582,330 (``the 
'D330 patent'');

[[Page 10782]]

D656,078; D569,776 (``the 'D776 patent''); D602,834; D582,328; D542,726 
(``the 'D726 patent''); D604,221; D570,760 (``the 'D760 patent''); 
D544,823 (``the 'D823 patent''); D486,437; D562,207; D635,904; D618,150 
(``the 'D150 patent''); D585,802; D532,733 (``the 'D733 patent''); 
D572,646; D578,949; D638,772 (``the 'D772 patent''); D522,946; 
D638,766; D610,516; 3,614,891; 4,423,458; 3,305,055; 1,807,353; 
1,660,727; 657,386; 285,557; 4,076,271 (``the CLS 500 mark''); 
3,224,584 (``the CLS 550 mark''); 3,039,265 (``the CLS 63 mark''); 
2,876,643; 2,909,827; 2,654,240 (``the S 550 mark''); 2,712,292; 
2,028,111; 2,699,216 (``the CLS-CLASS mark''); 2,716,842 (``the S-CLASS 
mark''); 2,599,862; 2,028,107; 4,669,601; 3,103,610; 2,028,112; 
3,100,860; 2,026,254; 2,815,926; 3,221,423; 2,227,526; 3,019,109; 
2,837,833 (``the ML mark''); and 2,529,332 (``the CLS mark''). The 
complaint further alleges that a domestic industry exists. The 
Commission's notice of investigation named as respondents O.E. Wheel 
Distributors, LLC (``OEW'') of Sarasota, Florida; Amazon.com, Inc. 
(``Amazon'') of Seattle, Washington; A Spec Wheels & Tires, LLC d/b/a A 
SPEC Wheels & Tires (``ASPEC'') of Hayward, California; American Tire 
Distributors Holdings, Inc. and American Tire Distributors, Inc. 
(collectively, ``American Tire''), both of Huntersville, North 
Carolina; Onyx Enterprises Int'l Corp. d/b/a CARiD.COM (``Onyx'') of 
Cranbury, New Jersey; Powerwheels Pro, LLC (``Powerwheels Pro'') of 
Waterford, Michigan; Trade Union International Inc. d/b/a Topline 
(``Trade Union'') of Montclair, California; and the last remaining 
respondents. The Office of Unfair Import Investigations (``OUII'') is 
also a party to the investigation. Id. As detailed below, all other 
respondents have been terminated from the investigation based on 
settlement, consent order, and/or withdrawal of the allegations in the 
complaint.
    On August 18, 2016, the Commission issued notice of its 
determination not to review the ALJ's ID (Order No. 11) terminating the 
investigation as to ASPEC based on a consent order stipulation and 
proposed consent order. On September 30, 2016, the Commission issued 
notice of its determination not to review the ALJ's ID (Order No. 14) 
terminating the investigation as to Powerwheels Pro based on a consent 
order stipulation and proposed consent order. On November 2, 2016, the 
Commission issued notice of its determination not to review the ALJ's 
ID (Order No. 15) terminating the investigation as to the 'D726 patent 
and the CLS 500 mark based on withdrawal of the complaint as to these 
allegations. On December 2, 2016, the Commission issued notice of its 
determination not to review the ALJ's ID (Order No. 16) terminating the 
investigation as to American Tire based on a consent order stipulation, 
proposed consent order, and settlement agreements. On December 16, 
2016, the Commission issued notice of its determination not to review 
the ALJ's IDs (Order Nos. 17, 18) terminating the investigation as to 
Onyx and Trade Union, each based on a consent order stipulation, 
proposed consent order, and settlement agreement. On the same date, the 
Commission issued notice of its determination not to review the ALJ's 
ID (Order No. 19) terminating the investigation as to Amazon based on 
withdrawal of the allegations in the complaint as to Amazon. On January 
6, 2017, the Commission issued notice of its determination not to 
review the ALJ's ID (Order No. 21) terminating the investigation as to 
the 'D211, 'D330, 'D776, 'D726, 'D760, 'D823, 'D150, 'D733, and 'D772 
patents; and the CLS 500, CLS 550, CLS 63, S 550, CLS-CLASS, S-CLASS, 
ML, and CLS marks based on withdrawal of the complaint as to these 
allegations. On February 2, 2017, the Commission issued notice of its 
determination not to review the ALJ's ID (Order No. 23) terminating the 
investigation as to OEW based on a consent order stipulation, proposed 
consent order, and settlement agreement.
    On January 17, 2017, the complainant filed an unopposed motion to 
terminate the investigation as to the last remaining respondents based 
on withdrawal of the allegations in the complaint as to these 
respondents. In the motion, the complainant states that there are no 
other agreements, written or oral, express or implied between the 
parties concerning the subject matter of the investigation.
    The ALJ issued the subject ID on January 23, 2017, granting the 
motion for termination. He found that the motion satisfied Commission 
Rule 210.21(a)(1) (19 CFR 210.21(a)(1)) and that there are no 
extraordinary circumstances that warrant denying the motion. No party 
petitioned for review of the subject ID.
    The Commission has determined not to review the ID and has 
terminated the 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 part 210 of the Commission's Rules of Practice and Procedure, 19 CFR 
part 210.

     Issued: February 9, 2017.

    By order of the Commission.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2017-02987 Filed 2-14-17; 8:45 am]
 BILLING CODE 7020-02-P