Certain Power Inverters and Converters, Vehicles Containing the Same, and Components Thereof; Institution of Investigation |
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Lisa Barton
International Trade Commission
28 June 2021
[Federal Register Volume 86, Number 121 (Monday, June 28, 2021)]
[Notices]
[Pages 34042-34043]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-13699]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1267]
Certain Power Inverters and Converters, Vehicles Containing the
Same, and Components Thereof; Institution of Investigation
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
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SUMMARY: Notice is hereby given that a complaint was filed with the
U.S. International Trade Commission on May 21, 2021, under section 337
of the Tariff Act of 1930, as amended, on behalf of Arigna Technology
Limited of Ireland. Supplements were filed on May 26, 2021, June 9,
2021, June 10, 2021, and June 11, 2021. The complaint, as supplemented,
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 power inverters and converters,
vehicles containing the same, and components thereof by reason of
infringement of certain claims of U.S. Patent No. 8,247,867 (``the '867
patent'') and U.S. Patent No. 8,289,082 (``the '082 patent''). The
complaint further alleges that an industry in the United States exists
or is in the process of being established as required by the applicable
Federal Statute. The complainant requests that the Commission institute
an investigation and, after the investigation, issue a limited
exclusion order and cease and desist orders.
ADDRESSES: The complaint, except for any confidential information
contained therein, may be viewed on the Commission's electronic docket
(EDIS) at https://edis.usitc.gov. For help accessing EDIS, please email
EDIS3Help@usitc.gov. Hearing impaired individuals are advised that
information on this matter can be obtained by contacting the
Commission's TDD terminal on (202) 205-1810. Persons with mobility
impairments who will need special assistance in gaining access to the
Commission should contact the Office of the Secretary at (202) 205-
2000. General information concerning the Commission may also be
obtained by accessing its internet server at https://www.usitc.gov.
FOR FURTHER INFORMATION CONTACT: Pathenia M. Proctor, The Office of
Unfair Import Investigations, U.S. International Trade Commission,
telephone (202) 205-2560.
SUPPLEMENTARY INFORMATION:
Authority: The authority for institution of this investigation is
contained in section 337 of the Tariff Act of 1930, as amended, 19
U.S.C. 1337, and in section 210.10 of the Commission's Rules of
Practice and Procedure, 19 CFR 210.10 (2020).
Scope of Investigation: Having considered the complaint, the U.S.
International Trade Commission, on June 22, 2021, ordered that--
[[Page 34043]]
(1) Pursuant to subsection (b) of section 337 of the Tariff Act of
1930, as amended, an investigation be instituted to determine whether
there is a violation of subsection (a)(1)(B) of section 337 in the
importation into the United States, the sale for importation, or the
sale within the United States after importation of certain products
identified in paragraph (2) by reason of infringement of one or more of
claims 1, 2, 8, and 9 of the '867 patent and claims 1-6, 13, 17-22, and
29 of the '082 patent; and whether an industry in the United States
exists or is in the process of being established as required by
subsection (a)(2) of section 337;
(2) Pursuant to section 210.10(b)(1) of the Commission's Rules of
Practice and Procedure, 19 CFR 210.10(b)(1), the plain language
description of the accused products or category of accused products,
which defines the scope of the investigation, is ``power inverters and
converters used in automobiles, components thereof, and automobiles
containing those power inverters or converters'';
(3) Pursuant to Commission Rule 210.50(b)(l), 19 CFR 210.50(b)(1),
the presiding administrative law judge shall take evidence or other
information and hear arguments from the parties or other interested
persons with respect to the public interest in this investigation, as
appropriate, and provide the Commission with findings of fact and a
recommended determination on this issue, which shall be limited to the
statutory public interest factors set forth in 19 U.S.C. l337(d)(l),
(f)(1), (g)(1);
(4) For the purpose of the investigation so instituted, the
following are hereby named as parties upon which this notice of
investigation shall be served:
(a) The complainant is: Arigna Technology Limited, The Hyde
Building, Carrickmines, Suite 23, Dublin 18, Ireland.
(b) The respondents are the following entities alleged to be in
violation of section 337, and are the parties upon which the complaint
is to be served:
Volkswagen AG, Berliner Ring 2, 38440 Wolfsburg, Germany
Volkswagen Group of America, Inc., 2200 Ferdinand Porsche Drive,
Herndon, Virginia 20171
Audi AG, Auto-Union-Stra[szlig]e 1, 85057 Ingolstadt, Germany
Audi of America, LLC, 2200 Ferdinand Porsche Drive, Herndon, Virginia
20171
Bentley Motors Limited, Pyms Lane, Crewe, Cheshire, CW1 3PL, United
Kingdom
Bentley Motors, Inc., 2003 Edmund Halley Drive, Suite 300, Reston,
Virginia 20191
Automobili Lamborghini America, LLC, 2200 Ferdinand Porsche Drive,
Herndon, Virginia 20171
Automobili Lamborghini S.p.A., Via Modena 12, 40019 Sant'Agata
Bolognese, Italy
Porsche AG, Porscheplatz 1, D-70435 Stuttgart, Germany
Porsche Cars North America, Inc., One Porsche Drive, Atlanta, Georgia
30354
Daimler AG, Mercedesstrasse 120, 70372 Stuttgart, Germany
Mercedes-Benz USA, LLC, One Mercedes-Benz Drive, Sandy Springs, Georgia
30328
Bayerische Motoren Werke AG, Petuelring 130, D-80788 Munich, Germany
BMW of North America, LLC, 300 Chestnut Ridge Road, Woodcliff Lake, New
Jersey 07677
General Motors Company, 300 Renaissance Center, Detroit, Michigan 48243
General Motors LLC, 300 Renaissance Center, Suite L1, Detroit, Michigan
48243
(c) The Office of Unfair Import Investigations, U.S. International
Trade Commission, 500 E Street SW, Suite 401, Washington, DC 20436; and
(5) For the investigation so instituted, the Chief Administrative
Law Judge, U.S. International Trade Commission, shall designate the
presiding Administrative Law Judge.
Responses to the complaint and the notice of investigation must be
submitted by the named respondents in accordance with section 210.13 of
the Commission's Rules of Practice and Procedure, 19 CFR 210.13.
Pursuant to 19 CFR 201.16(e) and 210.13(a), as amended in 85 FR 15798
(March 19, 2020), such responses will be considered by the Commission
if received not later than 20 days after the date of service by the
complainant of the complaint and the notice of investigation.
Extensions of time for submitting responses to the complaint and the
notice of investigation will not be granted unless good cause therefor
is shown.
Failure of a respondent to file a timely response to each
allegation in the complaint and in this notice may be deemed to
constitute a waiver of the right to appear and contest the allegations
of the complaint and this notice, and to authorize the administrative
law judge and the Commission, without further notice to the respondent,
to find the facts to be as alleged in the complaint and this notice and
to enter an initial determination and a final determination containing
such findings, and may result in the issuance of an exclusion order or
a cease and desist order or both directed against the respondent.
By order of the Commission.
Issued: June 23, 2021.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2021-13699 Filed 6-25-21; 8:45 am]
BILLING CODE 7020-02-P