Certain Pick-Up Truck Folding Bed Cover Systems and Components Thereof; Commission Determination Not To Review an Initial Determination Terminating the Investigation Based Upon Withdrawal of the Complaint; Termination of the Investigation

Lisa Barton
International Trade Commission
8 October 2020

[Federal Register Volume 85, Number 196 (Thursday, October 8, 2020)]
[Notices]
[Page 63579]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-22230]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1188]


Certain Pick-Up Truck Folding Bed Cover Systems and Components 
Thereof; Commission Determination Not To Review an Initial 
Determination Terminating the Investigation Based Upon Withdrawal of 
the Complaint; Termination of the Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission (the ``Commission'') has determined not to review an initial 
determination (``ID'') (Order No. 18) granting complainants' motion to 
terminate the present investigation in its entirety based on withdrawal 
of the complaint. The investigation is terminated.

FOR FURTHER INFORMATION CONTACT: Carl P. Bretscher, Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone (202) 205-2382. Copies of non-
confidential documents filed in connection with this investigation may 
be viewed on the Commission's electronic docket (EDIS) at https://edis.usitc.gov. For help accessing EDIS, please email 
EDIS3Help@usitc.gov. General information concerning the Commission may 
also be obtained by accessing its internet server at https://www.usitc.gov. Hearing-impaired persons are advised that information on 
this matter can be obtained by contacting the Commission's TDD 
terminal, telephone (202) 205-1810.

SUPPLEMENTARY INFORMATION: On December 30, 2019, the Commission 
instituted the present investigation on a complaint, as supplemented, 
filed by Extang Corporation and Laurmark Enterprises, Inc. (d/b/a Bak 
Industries) (collectively, ``Complainants''), both of Ann Arbor, 
Michigan. 84 FR 71975-76 (Dec. 30, 2019). The complaint alleges a 
violation of Section 337 of the Tariff Act of 1930, as amended, 19 
U.S.C. 1337 (``Section 337''), in the importation, sale for 
importation, and sale in 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 Nos. 7,484,788 
and 8,061,758 (``the 758 patent''). Id. The complaint further alleges 
that an industry exists in the United States. Id.
    The notice of investigation names the following parties as 
respondents: Tyger Auto Inc. of Rialto, California; Cixi City Liyuan 
Auto Parts Co. of Zhejiang Province, China; and Hong Kong Car Start 
Industries Co., of Zhijian Province, China (collectively, 
``Respondents''). Id. The notice of investigation also names the Office 
of Unfair Import Investigations (``OUII'') as a party. Id.
    On March 18, 2020, the presiding administrative law judge (``ALJ'') 
issued an ID (Order No. 6), granting Complainants' unopposed motion to 
amend the complaint and notice of investigation in order to supplement 
and clarify the allegations of the original complaint and notice of 
investigation regarding the 758 patent. The Commission determined not 
to review the ID. Comm'n Notice (April 17, 2020).
    On September 22, 2020, the ALJ issued the subject ID (Order No. 18) 
granting Complainants' unopposed motion to terminate the investigation 
in its entirety based upon the withdrawal of the complaint. The ALJ 
finds no extraordinary circumstances that would prevent termination of 
this investigation, and no agreements, written or oral, express or 
implied, between the parties concerning the subject matter of the 
investigation. The ALJ also granted Complainants' request to stay the 
procedural schedule pending final resolution of this ID.
    No party filed a petition for review of Order No. 18.
    The Commission has determined not to review the subject ID. The 
investigation is terminated in its entirety.
    The Commission voted to approve this determination on October 2, 
2020.
    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: October 2, 2020.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2020-22230 Filed 10-7-20; 8:45 am]
BILLING CODE 7020-02-P