Certain Motorized Vehicles and Components Thereof; Notice of Commission Determination To Modify Remedial Orders; Termination of Modification Proceeding |
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Topics: Mahindra Roxor
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Katherine Hiner
International Trade Commission
30 December 2020
[Federal Register Volume 85, Number 250 (Wednesday, December 30, 2020)]
[Notices]
[Pages 86580-86581]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-28822]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1132 (Modification)]
Certain Motorized Vehicles and Components Thereof; Notice of
Commission Determination To Modify Remedial Orders; Termination of
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 adopt with modification the findings of
the presiding Administrative Law Judge (``ALJ'') in the Recommended
Determination (``RD'') and to modify the limited exclusion order
(``LEO'') and cease and desist orders (``CDOs'') (collectively, ``the
remedial orders'') issued in this investigation to exempt the
respondents' redesigned product from the scope of the remedial orders.
The modification proceeding is terminated.
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 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 of
the Tariff Act of 1930, as amended (19 U.S.C. 1337) (``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.
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. See 85 FR 36613-14 (June
17, 2020). The Commission issued an LEO barring entry of articles that
infringe the asserted trade dress and CDOs 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. On July 20, 2020, the Commission determined to
institute a modification proceeding under section 337(k) (19 U.S.C.
1337(k)) and Commission Rule 210.76 (19 CFR 210.76) to adjudicate trade
dress infringement with respect to respondents' redesigned vehicle
(``the Post-2020 ROXOR''). See 85 FR 44923-24 (July 24, 2020).
On October 20, 2020, the ALJ issued his RD finding no trade dress
infringement by Respondents' Post-2020 ROXOR vehicle. On October 30,
2020, Complainant filed comments on the RD requesting that the
Commission decline to adopt the RD's findings. On November 6, 2020,
Respondents and the Commission's Investigative Attorney filed responses
in opposition to Complainant's comments.
Having reviewed the record of the underlying violation
investigation, as well as the record of the modification proceeding,
including the RD and the parties' comments and responses thereto, the
Commission has determined to modify the LEO and CDOs to include an
explicit exemption with respect to Respondents' Post-2020 ROXOR vehicle
adjudicated in this modification proceeding. As explained in the
Commission Opinion issued concurrently herewith, the Commission adopts
the RD's findings with modification and affirms the RD's conclusion
that the Post-2020 ROXOR vehicle does not infringe Complainant's
[[Page 86581]]
asserted trade dress. The modification proceeding is terminated.
The Commission's vote on this determination took place on December
22, 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: December 22, 2020.
Katherine Hiner,
Acting Secretary to the Commission.
[FR Doc. 2020-28822 Filed 12-29-20; 8:45 am]
BILLING CODE 7020-02-P