Certain Multi-Stage Fuel Vapor Canister Systems and Activated Carbon Components Thereof; Institution of Investigation

Certain Multi-Stage Fuel Vapor Canister Systems and Activated Carbon Components Thereof; Institution of Investigation
Topics: Mahle
Certain Multi-Stage Fuel Vapor Canister Systems and Activated Carbon Components Thereof; Institution of Investigation
Lisa Barton
International Trade Commission
14 December 2018
[Federal Register Volume 83, Number 240 (Friday, December 14, 2018)]
[Notices]
[Pages 64356-64357]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-27071]


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 INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1140]


Certain Multi-Stage Fuel Vapor Canister Systems and Activated 
Carbon Components Thereof; Institution of Investigation

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 November 8, 2018, under section 
337 of the Tariff Act of 1930, as amended, on behalf of Ingevity Corp. 
of North Charleston, South Carolina and Ingevity South Carolina, LLC of 
North Charleston, South Carolina. The complaint 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 multi-stage fuel vapor canister systems and 
activated carbon components thereof by reason of infringement of 
certain claims of U.S. Patent No. RE38,844 (``the '844 patent''). The 
complaint further alleges that an industry in the United States exists 
as required by the applicable Federal Statute.
    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 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 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.

FOR FURTHER INFORMATION CONTACT: Katherine Hiner, Office of the 
Secretary, Docket Services Division, U.S. International Trade 
Commission, telephone (202) 205-1802.

SUPPLEMENTARY INFORMATION: 
    Authority: The authority for institution of this investigation is 
contained in section 337 of the Tariff Act of 1930, as amended, 19 
U.S.C. 1337, and in section 210.10 of the Commission's Rules of 
Practice and Procedure, 19 CFR 210.10 (2018).
    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on December 7, 2018, 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 products 
identified in paragraph (2) by reason of infringement of one or more of 
claims 1-5, 8, 11, 13, 15, 18, 19, 21, 24, 28, 31, 33, 36, 38, 40, 43, 
45, 48, 50, and 52 of the '844 patent; and whether an industry in the 
United States exists as required by subsection (a)(2) of section 337;
    (2) Pursuant to section 210.10(b)(1) of the Commission's Rules of 
Practice and Procedure, 19 CFR 210.10(b)(1), the plain language 
description of the accused products or category of accused products, 
which defines the scope of the investigation, is ``multi-stage fuel 
vapor canister systems manufactured by the MAHLE Respondents that 
include low-incremental adsorption capacity (`IAC') activated carbon 
components and the low-IAC activated carbon components thereof, such as 
MPAC-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: Ingevity Corp., 5255 Virginia Avenue, 
North Charleston, SC 29406.
    Ingevity South Carolina, LLC, 5255 Virginia Avenue, North 
Charleston, SC 29406.
    (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:
    MAHLE Filter Systems North America, Inc., 906 Butler Drive, 
Murfreesboro, TN 37127.
    MAHLE Filter Systems Japan Corp., 591 Shimo-akasaka, Kawagoe, 
Saitama 350-1155, Japan.
    MAHLE Sistemas de Filtraci[oacute]n de M[eacute]xico S.A. de C.V., 
Libramiento Arco Vial Poniente km. 4,2, 66350 Monterrey, Nuevo Leon, 
Mexico.
    MAHLE Filter Systems Canada, ULC, 16 Industrial Park Road, Tilbury, 
ON N0P 2L0, Canada.
    Kuraray Co., Ltd., Ote Center Building, 1-1-3, Otemachi, Chiyoda-
ku, Tokyo 100-8115, Japan.
    Kuraray America, Inc., 2625 Bay Area Boulevard, Suite 600, Houston, 
TX 77058.
    Nagamine Manufacturing Co., Ltd., 1725-26, Kishinoue, Manno-town, 
Nakatado-Gun, Kagawa-pref., 766-0026, Japan.
    The Office of Unfair Import Investigations will not be named as a 
party to this investigation.
    (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

[[Page 64357]]

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: December 10, 2018.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2018-27071 Filed 12-13-18; 8:45 am]
 BILLING CODE 7020-02-P