Certain Pickup Truck Folding Bed Cover Systems and Components Thereof Institution of Investigation

Lisa Barton
International Trade Commission
15 February 2019

[Federal Register Volume 84, Number 32 (Friday, February 15, 2019)]
[Notices]
[Pages 4534-4535]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-02508]


-----------------------------------------------------------------------

INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1143]


Certain Pickup Truck Folding Bed Cover Systems 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 December 7, 2018, under section 
337 of the Tariff Act of 1930, as amended, on behalf of Extang 
Corporation of Ann Arbor, Michigan and Laurmark Enterprises, Inc. of 
Ann Arbor, Michigan. Amendments to the complaint were filed on February 
1, 2019. 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 pickup truck 
folding bed cover systems and components thereof by reason of 
infringement of: the claim of U.S. Patent No. D620,877 (``the '877 
patent''); certain claims of U.S. Patent No. 7,188,888 (``the '888 
patent''); U.S. Patent No. 7,484,788 (``the '788 patent''); U.S. Patent 
No. 8,061,758 (``the '758 patent''); U.S. Patent No. 8,182,021 (``the 
'021 patent''); and U.S. Patent No. 8,690,224 (``the '224 patent''); 
and U.S. Trademark Registration No. 5,104,393 (``the '393 trademark'') 
and U.S. Trademark Registration No. 3,904,016 (``the '016 trademark''). 
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 general exclusion 
order, or in the alternative a limited exclusion order, and cease and 
desist orders.
    A motion for temporary relief filed concurrently with the complaint 
and amended on February 1, 2019, requests that the Commission issue a 
temporary exclusion order and temporary cease and desist orders 
prohibiting the importation into and the sale within the United States 
after importation of certain pickup truck folding bed cover systems and 
components thereof during the course of the Commission's investigation.

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: Pathenia M. Proctor, The Office of 
Unfair Import Investigations, U.S. International Trade Commission, 
telephone (202) 205-2560.

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 February 11, 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:
    (a) 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

[[Page 4535]]

certain products identified in paragraph (2) by reason of infringement 
of one or more of the claim of the '877 patent; claims 11, 13, 17, and 
18 of the '888 patent; claims 1-3, 5, 6, 19, and 20 of the '788 patent; 
claim 2 of the '758 patent; claims 1-7, and 11-30 of the '021 patent; 
claims 1-6 and 8-10 of the '224 patent; and whether an industry in the 
United States exists as required by subsection (a)(2) of section 337; 
and
    (b) whether there is a violation of subsection (a)(1)(C) 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 the '393 trademark and the '016 trademark 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 ``folding cover 
assemblies for pickup truck cargo boxes and components thereof'';
    (3) Pursuant to section 210.58 of the Commission's Rules of 
Practice and Procedure, 19 CFR 210.58, the motion for temporary relief 
under subsection (e) of section 337 of the Tariff Act of 1930, which 
was filed with the complaint, is provisionally accepted and referred to 
the presiding administrative law judge for investigation;
    (4) 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: Extang Corporation, 5400 S. State Road, 
Ann Arbor, Michigan 48108; Laurmark Enterprises, Inc., d/b/a BAK 
Industries, 5400 Data Court, Ann Arbor, Michigan 48108.
    (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: Stehlen Automotive, 21912 Garcia Lane, Walnut, 
California 91789; SyneticUSA, 7141 Paramount Boulevard, Pico Rivera, 
California 90660; Topline Autoparts, Inc., 1157 Dunswell Avenue, 
Hacienda Heights, California 91745; Velocity Concepts Inc., 2847 Villa 
Alta Place, Hacienda Heights, CA 91745; JL Concepts Inc., 21912 Garcia 
Lane, Walnut, California 91789; DT Trading Inc., 417 W San Marino 
Avenue, Alhambra, CA 91801; Wenzhou Kouvi Hardware Products Co., Ltd., 
No. 10, Xiafeng Road, Xianyan Industrial Zone, Ouhai District, Wenzh 
City, Zhejiang Province, China 325204; Syppo Marketing, Inc., 15240 
Nelson Avenue, City of Industry, California 91744; Apex Auto Parts Mfg. 
Inc., 15240 Nelson Avenue, City of Industry, California 91744; Ningbo 
Huadian Cross Country Automobile Accessories Co., Ltd., Room 2402 
Huijin Building No. 77, Heyi Road, Ningbo, China 315000; Sunwood 
Industries Co., Ltd., Room 501, Sealand Plaza, #20 Guanghua Street, 
Changzhou, Jiangsu, China 213001.
    (c) The Office of Unfair Import Investigations, U.S. International 
Trade Commission, 500 E Street SW, Suite 401, Washington, DC 20436; and
    (5) 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, motion for temporary relief, and the 
notice of investigation must be submitted by the named respondents in 
accordance with sections 210.13 and 210.59 of the Commission's Rules of 
Practice and Procedure, 19 CFR 210.13, 210.59. Pursuant to 19 CFR 
201.16(e), 210.13(a), and 210.59, such responses will be considered by 
the Commission if received not later than 10 days after the date of 
service by the Commission of the complaint, motion for temporary 
relief, and the notice of investigation. Extensions of time for 
submitting responses to the complaint, motion for temporary relief, 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, motion for temporary relief, 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: February 12, 2019.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2019-02508 Filed 2-14-19; 8:45 am]
BILLING CODE 7020-02-P