Certain Replacement Automotive Service and Collision Parts and Components Thereof; Commission Determination To Issue a Limited Exclusion Order and Cease and Desist Orders Against Defaulting Respondents; Termination of the Investigation

Lisa Barton
International Trade Commission
24 August 2020

[Federal Register Volume 85, Number 164 (Monday, August 24, 2020)]
[Notices]
[Pages 52154-52155]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-18446]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1160]


Certain Replacement Automotive Service and Collision Parts and 
Components Thereof; Commission Determination To Issue a Limited 
Exclusion Order and Cease and Desist Orders Against Defaulting 
Respondents; 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 to issue a limited 
exclusion order and cease and desist orders against the following 
respondents found in default in this investigation: AJ Auto Spare Parts 
FZE of Dubai, United Arab Emirates; John Auto Spare Parts Co. LLC of 
Dubai, United Arab Emirates; and Cuong Anh Co. Ltd. of Ninh Binh 
Province, Vietnam (collectively, ``the Defaulting Respondents''). The 
Commission has also determined to impose a bond equal to one hundred 
(100) percent of the entered value of the infringing products imported 
during the period of Presidential review. The investigation is hereby 
terminated.

FOR FURTHER INFORMATION CONTACT: Benjamin S. Richards, Esq., Office of 
the General Counsel, U.S. International Trade Commission, 500 E Street 
SW, Washington, DC 20436, telephone (202) 708-5453. 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 
on (202) 205-1810.

SUPPLEMENTARY INFORMATION: On June 7, 2019, the Commission instituted 
the above-referenced investigation based on a complaint filed by 
Hyundai Motor America, Inc. of Fountain Valley, California and Hyundai 
Motor Company of Seoul, Republic of Korea (collectively, ``Hyundai''). 
84 FR 26703-04 (June 7, 2019). The complaint alleges a violation of 19 
U.S.C. 1337, as amended (``Section 337''), in the importation, sale for 
importation, or sale in the United States after importation of certain 
gray market Hyundai parts in the categories of belts, body exterior and 
interior parts, brakes, wheel hubs, cooling system parts, drivetrain 
parts, electrical parts, emission parts, engine parts, exhaust parts, 
fuel/air pumps, oil/air/cabin air filters and parts, heat and A/C 
parts, ignition parts, steering parts, suspension parts, transmission 
parts, wheels and parts, wiper and washer parts, and accessories that 
infringe one or more of Hyundai's U.S. Trademark Registration Nos. 
1,104,727; 3,991,863; 1,569,538; and 4,065,195. Id. at 26704. The 
complaint further alleges that a domestic industry exists in the United 
States. Id.
    The Commission's notice of investigation named Direct Technologies 
International, Inc. (``DTI'') of North Miami Beach, Florida; AJ Auto 
Spare Parts FZE (``AJ Auto'') and John Auto Spare Parts Co. LLC (``John 
Auto''), both of Dubai, United Arab Emirates; and Cuong Anh Co. Ltd. 
(``Cuong Anh'') of Ninh Binh Province, Vietnam as respondents. The 
Office of Unfair Import Investigations was not named as a party to this 
investigation.
    On November 25, 2019, the Commission determined not to review an 
initial determination (``ID'') granting Hyundai's unopposed motion to 
find respondents AJ Auto, John Auto, and Cuong Anh (collectively, the 
``Defaulting Respondents'') in default. Order No. 17 (Nov. 5, 2019), 
not reviewed, Comm'n Notice (Nov. 25, 2019). Thereafter, on January 24, 
2020, Hyundai filed a declaration seeking immediate entry of a limited 
exclusion order against the Defaulting Respondents and any of their 
affiliated companies, parents, subsidiaries, and related business 
entities, successors or assigns.
    On February 18, 2020, the Commission determined not to review an ID 
granting Hyundai's unopposed motion for summary determination that 
Hyundai satisfies the domestic industry requirement of section 337. 
Order No. 26 (Jan. 16, 2020), not reviewed, Comm'n Notice (Feb. 18, 
2020).
    On March 26, 2020, the Commission determined not to review an ID 
granting a joint motion by Hyundai and DTI to terminate the 
investigation as to DTI based on a consent order. Order No. 36 (Mar. 5, 
2020), not reviewed, Comm'n Notice (Mar. 26, 2020). The Commission 
concurrently issued a consent order directed to DTI, found that 
Hyundai's January 24, 2020 declaration for immediate relief against the 
Defaulting Respondents was moot, and requested briefing on the issues 
of remedy, bonding, and the public interest with respect to the 
Defaulting Respondents. Comm'n Notice, 2-3 (Mar. 26, 2020).
    On April 9, 2020, Hyundai filed the sole response to the 
Commission's request for briefing. No replies or other submissions were 
received.
    Upon review of the record, and in the absence of any response from 
the Defaulting Respondents or from other interested persons or 
government agencies, and having concluded that it would not be contrary 
to the public interest to do so, the Commission has determined to issue 
a limited exclusion order and cease and desist orders against the 
Defaulting Respondents. The Commission has further determined to set a 
bond in the amount of one hundred (100) percent of the entered value of 
the covered products.
    The investigation is hereby terminated.
    While temporary remote operating procedures are in place in 
response to COVID-19, the Office of the Secretary is not able to serve 
parties that have not retained counsel or otherwise provided a point of 
contact for electronic service. Accordingly, pursuant to Commission 
Rules 201.16(a) and 210.7(a)(1) (19 CFR 201.16(a), 210.7(a)(1)), the 
Commission orders that the Hyundai complete service for any party/
parties without a method of electronic service noted on the attached 
Certificate of Service and shall file proof of service on the 
Electronic Document Information System (EDIS).
    The Commission vote for this determination took place on August 18, 
2020.
    The authority for the Commission's determination is contained in 
Section

[[Page 52155]]

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: August 18, 2020.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2020-18446 Filed 8-21-20; 8:45 am]
BILLING CODE 7020-02-P