Certain Pickup Truck Folding Bed Cover Systems and Components Thereof; Commission Determination Not To Review an Initial Determination Terminating the Investigation as to a Single Respondent Based on a Consent Order Stipulation and Consent Order, and Amending the Complaint and Notice of Investigation; Issuance of Consent Order; and Request for Written Submissions on Remedy, the Public Interest, and Bonding |
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Lisa Barton
International Trade Commission
1 August 2019
[Federal Register Volume 84, Number 148 (Thursday, August 1, 2019)]
[Notices]
[Pages 37673-37674]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-16447]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1143]
Certain Pickup Truck Folding Bed Cover Systems and Components
Thereof; Commission Determination Not To Review an Initial
Determination Terminating the Investigation as to a Single Respondent
Based on a Consent Order Stipulation and Consent Order, and Amending
the Complaint and Notice of Investigation; Issuance of Consent Order;
and Request for Written Submissions on Remedy, the Public Interest, and
Bonding
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. 27) of the presiding administrative law judge
(``ALJ''): (1) Terminating the above-captioned investigation as to
respondent Sunwood Industries Co., Ltd. (``Sunwood'') of Jiangsu, China
based on a consent order stipulation and consent order, and (2)
amending the complaint and notice of investigation. The Commission has
issued the respective consent order and is requesting written
submissions on remedy, the public interest, and bonding concerning
defaulting respondent Ningbo Huadian Cross Country Automobile
Accessories Co., Ltd. (``Ningbo'') of Ningbo, China.
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 February 15, 2019, based on a complaint filed on behalf of Extang
Corporation and Laurmark Enterprises, Inc. d/b/a BAK Industries
(collectively, ``Complainants''), both of Ann Arbor, Michigan. 84 FR
4534-35 (Feb. 15, 2019). The complaint alleges violation of section 337
of the Tariff Act of 1930, as amended, 19 U.S.C. 1337 (``Section
337''), based upon the importation into the United States, 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 certain claims of U.S. Patent Nos.
D620,877; 7,188,888; 7,484,788; 8,061,758; 8,182,021; and 8,690,224;
and U.S. Trademark Registration Nos. 5,104,393 and 3,904,016. The
Commission's notice of investigation names numerous respondents,
including Ningbo and Sunwood. The Office of Unfair Import
Investigations (``OUII'') is also a party to the investigation. The
Commission previously found Ningbo in default. Order No. 23 (May 3,
2019), unreviewed by Comm'n Notice (May 29, 2019). All other
respondents, with the exception of Sunwood, have been terminated from
the investigation based on consent order stipulation and proposed
consent order. See Order Nos. 13-19 (Apr. 12, 2019), unreviewed by
Comm'n Notice (May 8, 2019); Order Nos. 20-21 (Apr. 26, 2019),
unreviewed by Comm'n Notice (May 15, 2019).
On May 30, 2019, Complainants and Sunwood filed a joint motion to
terminate the investigation as to Sunwood based on a consent order
stipulation and proposed consent order. On June 11, 2019, OUII filed a
response supporting the joint motion, including a request to amend the
complaint and notice of investigation to change the full name of
Sunwood to reflect the correct entity being accused.
On July 3, 2019, the ALJ issued the subject ID (Order No. 27)
granting the joint motion for termination as to Sunwood. The ALJ found
that the consent order stipulation and consent
[[Page 37674]]
order satisfy the requirements of Commission Rule 210.21(c) (19 CFR
210.21(c)). He further found, pursuant to Commission Rule 210.50(b)(2)
(19 CFR 210.50(b)(2)), that there is no indication that termination of
this investigation as to Sunwood based on the consent order stipulation
would adversely impact the public interest. The ALJ also found that
good cause exists, pursuant to Commission Rule 210.4 (19 CFR 210.14),
to grant OUII's request and amend the complaint and notice of
investigation to accurately reflect the correct name for respondent
Sunwood as Changzhou Sunwood International Trading Co., Ltd. The ALJ
terminated the investigation before him because Sunwood is the last
participating respondent and Complainants did not request a general
exclusion order. No party petitioned for review of the ID.
The Commission has determined not to review the subject ID and has
issued the requested consent order.
Section 337(g)(1) (19 U.S.C. 1337(g)(1)) and Commission Rule
210.16(c) (19 CFR 210.16(c)) authorize the Commission to order limited
relief against a respondent found in default, unless after
consideration of the public interest factors in Section 337(g)(1), it
finds that such relief should not issue. Accordingly, in connection
with the final disposition of this investigation, the Commission is
interested in receiving written submissions that address the form of
remedy, if any, that should be ordered with respect to Ningbo. 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 likely to do
so. For background, see Certain Devices for Connecting Computers via
Telephone Lines, Inv. No. 337-TA-360, USITC Pub. No. 2843, Comm'n Op.
at 7-10 (December 1994).
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 U.S. Trade
Representative, as delegated by the President, has 60 days to approve
or disapprove the Commission's action. See Presidential Memorandum of
July 21, 2005, 70 FR 43251 (July 26, 2005). 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 if a remedy is ordered.
Written Submissions: 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.
Complainants and OUII are also requested to submit proposed
remedial orders for the Commission's consideration. Complainants are
also requested to state the date that the asserted patents expire, the
HTSUS numbers under which the accused products are imported, and to
supply the names of known importers of the products at issue in this
investigation. The written submissions regarding remedy, bonding, and
the public interest and proposed remedial orders must be filed no later
than close of business on August 12, 2019. Reply submissions must be
filed no later than the close of business on August 19, 2019. No
further submissions on these issues will be permitted unless otherwise
ordered by the Commission.
Persons filing written submissions must file the original document
electronically on or before the deadlines stated above and submit eight
true paper copies to the Office of the Secretary 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-1143'') in a prominent place on the cover page and/or the
first page. (See Handbook on Filing Procedures, https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf). Persons with questions
regarding filing should contact the Secretary at (202) 205-2000.
Any person desiring to submit a document to the Commission in
confidence must request confidential treatment unless the information
has already been granted such treatment during the proceedings. All
such requests should be directed to the Secretary of the Commission and
must include a full statement of the reasons why the Commission should
grant such treatment. See 19 CFR 210.6. Documents for which
confidential treatment by the Commission is sought will be treated
accordingly. A redacted non-confidential version of the document must
also be filed simultaneously with any confidential filing. All
information, including confidential business information and documents
for which confidential treatment is properly sought, submitted to the
Commission for purposes of this Investigation may be disclosed to and
used: (i) By the Commission, its employees and Offices, and contract
personnel (a) for developing or maintaining the records of this or a
related proceeding, or (b) in internal investigations, audits, reviews,
and evaluations relating to the programs, personnel, and operations of
the Commission including under 5 U.S.C. Appendix 3; or (ii) by U.S.
government employees and contract personnel,\1\ solely for
cybersecurity purposes. All non-confidential written submissions will
be available for public inspection at the Office of the Secretary and
on EDIS.
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\1\ All contract personnel will sign appropriate nondisclosure
agreements.
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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: July 29, 2019.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2019-16447 Filed 7-31-19; 8:45 am]
BILLING CODE 7020-02-P