Certain Motorized Vehicles and Components Thereof; Notice of Commission Decision To Review in Part a Final Initial Determination Finding a Violation of Section 337; Schedule for Filing Written Submissions; Extension of the Target Date for Completion of the Investigation |
|---|
Topics: Mahindra
|
Lisa Barton
International Trade Commission
28 January 2020
[Federal Register Volume 85, Number 18 (Tuesday, January 28, 2020)]
[Notices]
[Pages 5035-5036]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-01375]
[[Page 5035]]
=======================================================================
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1132]
Certain Motorized Vehicles and Components Thereof; Notice of
Commission Decision To Review in Part a Final Initial Determination
Finding a Violation of Section 337; Schedule for Filing Written
Submissions; Extension of the Target Date for Completion of the
Investigation
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that the U.S. International Trade
Commission has determined to review in part a final initial
determination (``FID'') of the presiding administrative law judge
(``ALJ'') finding a violation of section 337 of the Tariff Act of 1930,
as amended. The Commission also extends the target date for completion
of this investigation by five business days to March 20, 2020.
FOR FURTHER INFORMATION CONTACT: Houda Morad, Office of the General
Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202) 708-4716. 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 September 13, 2018, based on a complaint, as amended, filed by FCA
US LLC of Auburn Hills, Michigan (``Complainant''). See 83 FR 46517
(Sept. 13, 2018). 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
motorized vehicles and components thereof by reason of: (1)
Infringement of U.S. Trademark Registration Nos. 4,272,873; 2,862,487;
2,161,779; 2,794,553; and 4,043,984 (collectively, ``the registered
trademarks''); (2) trademark dilution and unfair competition in
violating the complainant's common law trademark rights; and (3) trade
dress infringement. See id. The notice of investigation names Mahindra
& Mahindra Ltd. of Mumbai, India and Mahindra Automotive North America,
Inc. of Auburn Hills, Michigan (collectively, ``Respondents'') as
respondents in this investigation. See id. The Office of Unfair Import
Investigations is also a party to this investigation. See id.
On November 8, 2019, the ALJ issued the FID finding a violation of
section 337. Specifically, the FID finds that Respondents' Roxor
vehicle infringes Complainant's asserted trade dress but not its
registered trademarks. The FID also finds that the domestic industry
requirement is satisfied. The RD recommends that the Commission issue a
limited exclusion order barring entry of Respondents' articles that
infringe the asserted trade dress and a cease and desist order against
Respondents. In addition, the RD recommends that the Commission set a
bond during the period of Presidential review at ten percent on
unassembled Roxor components or one percent on the finished Roxor
vehicle.
The Commission has determined to review the FID in part.
Specifically, the Commission has determined to review the FID's
findings with respect to the validity and infringement of the asserted
trade dress, as well as importation findings relating to Complainant's
trade dress infringement claim. With respect to Complainant's claim of
infringement of its registered trademarks, the Commission has
determined to review the FID's findings on infringement and domestic
industry. The Commission has further determined not to review the
remainder of the FID.
The Commission has also determined to extend the target date by
five business days to March 20, 2020.
At this time, the Commission does not request briefing from the
parties on the issues under review. The Commission is requesting
briefing on the issues of remedy, the public interest, and bonding
solely with respect to Complainant's trade dress infringement claim.
In connection with the final disposition of this investigation, the
Commission may (1) issue an order that could result in the exclusion of
the subject articles from entry into the United States, and/or (2)
issue one or more cease and desist orders that could result in the
respondent(s) being required to cease and desist from engaging in
unfair acts in the importation and sale of such articles. Accordingly,
the Commission is interested in receiving written submissions that
address the form of remedy, if any, that should be ordered. 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 (Dec. 1994)
(Comm'n Op.).
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,
disapprove, or take no action the Commission's determination. 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. Such submissions should also address the recommended
determination by the ALJ on remedy and bonding. Complainant is also
requested to submit proposed remedial orders for the Commission's
consideration with its initial written submission. Complainant is
further requested to state the HTSUS numbers
[[Page 5036]]
under which the accused products are imported, and to supply the names
of known importers of the products at issue in this investigation.
Written submissions and proposed remedial orders must be filed no
later than close of business on February 7, 2020. Reply submissions
must be filed no later than the close of business on February 14, 2020
and must be limited to issues raised in the initial written
submissions. No further submissions on any of 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
(8) true paper copies to the Office of the Secretary by noon the next
day 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-1132'') in a prominent place on
the cover page and/or the first page. (See Handbook for Electronic
Filing Procedures, https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf). Persons with questions regarding
filing should contact the Secretary (202-205-2000).
Any person desiring to submit a document to the Commission in
confidence must request confidential treatment. All such requests
should be directed to the Secretary to the Commission and must include
a full statement of the reasons why the Commission should grant such
treatment. See 19 CFR 201.6. Documents for which confidential treatment
by the Commission is properly sought will be treated accordingly. 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.
---------------------------------------------------------------------------
\1\ All contract personnel will sign appropriate nondisclosure
agreements.
---------------------------------------------------------------------------
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: January 22, 2020.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2020-01375 Filed 1-27-20; 8:45 am]
BILLING CODE 7020-02-P