Certain Pick-Up Truck Folding Bed Cover Systems and Components Thereof Institution of Investigation

Lisa Barton
International Trade Commission
30 December 2019

[Federal Register Volume 84, Number 249 (Monday, December 30, 2019)]
[Notices]
[Pages 71975-71976]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-28006]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1188]


Certain Pick-Up Truck Folding Bed Cover Systems and 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 26, 2019, under section 
337 of the Tariff Act of 1930, as amended, on behalf of Extang 
Corporation of Ann Arbor, Michigan and Laurmark Enterprises, Inc. d/b/a 
BAK Industries of Ann Arbor, Michigan. Supplements to the complaint 
were filed on November 27, 2019 and December 16, 2019. The complaint, 
as supplemented, 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 pick-up 
truck folding bed cover systems and components thereof by reason of 
infringement of certain claims of U.S. Patent No. 7,484,788 (``the '788 
patent'') and U.S. Patent No. 8,061,758 (``the '758 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 general exclusion 
order, or in the alternative 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: 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 (2019).
    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on December 20, 2019, 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 1-4 of the '788 patent and claims 2 and 3 of the '758 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 ``folding cover 
assemblies for pick-up truck cargo boxes and components thereof'';
    (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:
    Extang Corporation, 5400 S. State Road, Ann Arbor, MI 48108.
    Laurmark Enterprises, Inc., d/b/a BAK Industries, 5400 Data Court, 
Ann Arbor, MI 48108.
    (b) The respondents are the following entities alleged to be in 
violation of section 337, and is/are the parties upon which the 
complaint is to be served:
    Tyger Auto Inc., 2615 West Renaissance Parkway, Rialto, CA 92376.
    Cixi City Liyuan Auto Parts Co. Ltd., No. 72 Haiwei Avenue, West 
District, Guanhaiwei Industrial Park, Cixi City, Zhejiang Province, 
China 315145.
    Hong Kong Car Start Industries Co., Limited Shidai Xinju, Building 
NG No. 681, West Huancheng Road, Haishu District, Zhejian Province, 
China 315000.
    (c) The Office of Unfair Import Investigations, U.S. International 
Trade Commission, 500 E Street SW, Suite 401, Washington, DC 20436; and
    (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

[[Page 71976]]

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: December 20, 2019.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2019-28006 Filed 12-27-19; 8:45 am]
BILLING CODE 7020-02-P