Topics:  Hyundai

[Federal Register Volume 87, Number 15 (Monday, January 24, 2022)]
[Notices]
[Pages 3583-3584]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-01252]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1292]


Institution of Investigation; Certain Replacement Automotive 
Lamps II

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 December 16, 2021, under section 
337 of the Tariff Act of 1930, as amended, on behalf of Hyundai Motor 
Company of the Republic of Korea and Hyundai Motor America, Inc. of 
Fountain Valley, California. The Complaint was supplemented by letter 
on January 6, 2022. 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 replacement automotive lamps by reason of 
infringement of U.S. Design Patent No. D617,478 (``the '478 patent''); 
U.S. Design Patent No. D618,835 (``the '8835 patent''); U.S. Design 
Patent No. D618,836 (``the '836 patent''); U.S. Design Patent No. 
D631,583 (``the '583 patent''); U.S. Design Patent No. D637,319 (``the 
'319 patent''); U.S. Design Patent No. D640,812 (``the '812 patent''); 
U.S. Design Patent No. D655,835 (``the '5835 patent''); U.S. Design 
Patent No. D664,690 (``the '690 patent''); U.S. Design Patent No. 
D709,217 (``the '217 patent''); U.S. Design Patent No. D736,436 (``the 
'436 patent''); U.S. Design Patent No. D738,003 (``the '003 patent''); 
U.S. Design Patent No. D739,057 (``the '057 patent''); U.S. Design 
Patent No. D739,574 (``the '574 patent''); U.S. Design Patent No. 
D740,980 (``the '980 patent''); U.S. Design Patent No. D759,864 (``the 
'864 patent''); U.S. Design Patent No. D759,865 (``the '865 patent''); 
U.S. Design Patent No. D771,292 (``the '292 patent''); U.S. Design 
Patent No. D780,351 (``the '351 patent''); U.S. Design Patent No. 
D818,163 (``the '163 patent''); U.S. Design Patent No. D829,947 (``the 
'947 patent'') and U.S. Design Patent No. D834,225 (``the '225 
patent''). The complaint further alleges that an industry in the United 
States exists as required by the applicable Federal Statute. The 
complainants request 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: Jessica Mullan, Office of the 
Secretary, Docket Services Division, U.S. International Trade 
Commission, telephone (202) 205-1802.

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 (2021).
    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on January 18, 2022, ordered that--
    (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 
the claim of the '478 patent; the claim of the '8835 patent; the claim 
of the '836 patent; the claim of the '583 patent; the claim of the '319 
patent; the claim of the '812 patent; the claim of the '5835 patent; 
the claim of the '690 patent; the claim of the '217 patent; the claim 
of the '436 patent; the claim of the '003 patent; the claim of the '057 
patent; the claim of the '574 patent; the claim of the '980 patent; the 
claim of the '864 patent; the claim of the '865 patent; the claim of 
the '292 patent; the claim of the '351 patent; the claim of the '163 
patent; the claim of the '947 patent; and the claim of the '225 patent, 
and whether an industry in the United States exists 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 ``replacement 
automotive headlamps and taillamps for certain Hyundai-branded 
automobiles'';
    (3) 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 complainants are:

Hyundai Motor Company, 12, Heolleung-ro, Seocho-gu, Seoul 06797, 
Republic of Korea
Hyundai Motor America, Inc., 10550 Talbert Avenue, Fountain Valley, CA 
92708

    (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:

TYC Brother Industrial Co., Ltd., No. 72-2, Shin-Leh Road, An-Ping 
Industrial District, Tainan, Taiwan 70248
Genera Corporation (dba. TYC Genera), 2800 Saturn Street, Brea, CA 
92821
LKQ Corporation, 500 West Madison Street, Suite 2800, Chicago, IL 60661
Keystone Automotive Industries, Inc., 44 Tunkhannock Avenue, Exeter, PA 
18643

    (4) For the investigation so instituted, the Chief Administrative 
Law Judge, U.S. International Trade Commission, shall designate the 
presiding Administrative Law Judge.
    The Office of Unfair Import Investigations will not participate as 
a party in this investigation.
    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

[[Page 3584]]

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 complainants 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: January 19, 2022.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2022-01252 Filed 1-21-22; 8:45 am]
BILLING CODE 7020-02-P