Certain Motorized Vehicles and Components Thereof; Commission Determination To Institute a Modification Proceeding; Schedule and Procedure for the Modification Proceeding |
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Topics: Mahindra Roxor
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Lisa Barton
International Trade Commission
24 July 2020
[Federal Register Volume 85, Number 143 (Friday, July 24, 2020)]
[Notices]
[Pages 44923-44924]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-16028]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1132 (Modification)]
Certain Motorized Vehicles and Components Thereof; Commission
Determination To Institute a Modification Proceeding; Schedule and
Procedure for the Modification Proceeding
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 to institute a modification proceeding in the
above-captioned investigation. The Commission has also determined to
delegate the modification proceeding to the Chief Administrative Law
Judge (``ALJ'') to designate a presiding ALJ to make all necessary
factual and legal findings and to issue a recommended determination.
The Commission has further determined to set the date for the ALJ to
issue a recommended determination to three months from issuance of this
notice.
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 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. 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
[[Page 44924]]
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 Asserted
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.
The ALJ conducted an evidentiary hearing on August 19-23, 2019. On
November 8, 2019, the ALJ issued a final initial determination
(``FID'') finding a violation of section 337. Specifically, the FID
determined that Respondents' Roxor vehicle (2018-2019 model) infringes
FCA's asserted trade dress but not its Asserted Trademarks. The FID
also determined that Complainant did not establish trademark dilution.
On June 11, 2020, the Commission determined to affirm the FID's
determination of a violation of section 337. The Commission issued an
LEO barring entry of articles that infringe the asserted trade dress
and a CDO against both Respondents. The Commission declined to
adjudicate Respondents' proposed redesigned vehicles and required
Respondents to obtain a ruling (via an advisory opinion or a
modification proceeding) from the Commission prior to any importation
of redesigned vehicles or components thereof.
On June 18, 2020, Respondents filed a petition for an expedited
modification proceeding as to two redesigned vehicles, namely the 2020
Roxor vehicle and the Post-2020 Roxor vehicle. Respondents further
request, should the Commission determine that the 2020 Roxor vehicle
requires more time, that the Commission institute a modification
proceeding only as to the Post-2020 ROXOR vehicle. On June 29, 2020,
Complainant filed a response in opposition to Respondents' petition.
OUII did not file a response to the petition. On July 7, 2020,
Respondents filed a motion for leave to file a reply in support of
their petition for an expedited modification proceeding, which is
hereby GRANTED.
The Commission has determined to institute a modification
proceeding under 19 U.S.C. 1337(k) and 19 CFR 210.76 to adjudicate
infringement with respect to Respondents' Post-2020 ROXOR vehicle. The
Commission has also determined to delegate the modification proceeding
to the Chief ALJ to designate a presiding ALJ to make all necessary
factual and legal findings and to issue a recommended determination as
to whether the Commission shall modify the remedial orders to
explicitly exempt Respondents' Post-2020 ROXOR vehicle. The Commission
has further determined to set the deadline for the ALJ to issue a
recommended determination to three months from issuance of this notice.
Should the ALJ determine that more time is necessary, the deadline may
be extended for good cause shown.
The Commission's vote on this determination took place on July 20,
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: July 20, 2020.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2020-16028 Filed 7-23-20; 8:45 am]
BILLING CODE 7020-02-P