Certain Automated Retractable Vehicle Steps and Components Thereof; Notice of a Commission Determination Not To Review an Initial Determination Terminating the Investigation in its Entirety Based on a Consent Order Stipulation; Issuance of a Consent Order Publication: Federal Register Agency: International Trade Commission Byline: Lisa Barton Date: 16 June 2023 Subject: American Government Topic: Rough Country

[Federal Register Volume 88, Number 116 (Friday, June 16, 2023)]
[Notices]
[Page 39478]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-12885]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1345]


Certain Automated Retractable Vehicle Steps and Components 
Thereof; Notice of a Commission Determination Not To Review an Initial 
Determination Terminating the Investigation in its Entirety Based on a 
Consent Order Stipulation; Issuance of a Consent Order

AGENCY: International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined not to review an initial determination 
(``ID'') (Order No. 21) of the presiding administrative law judge 
(``ALJ'') granting a motion for termination of the investigation as to 
respondent Rough Country LLC (``Rough Country'') based on a consent 
order stipulation. The Commission has entered a consent order against 
Rough Country, the last remaining respondent in the above-referenced 
investigation. The investigation is terminated in its entirety.

FOR FURTHER INFORMATION CONTACT: Cathy Chen, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone (202) 205-2392. 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: The Commission instituted this investigation 
on December 6, 2022. 87 FR 74661 (Dec. 6, 2022). The complaint, as 
supplemented, alleges violations of section 337 of the Tariff Act of 
1930, as amended, 19 U.S.C. 1337, in the importation into the United 
States, the sale for importation, or the sale within the United States 
after importation of certain automated retractable vehicle steps and 
components thereof by reason of infringement of certain claims of U.S. 
Patent No. 9,272,667; U.S. Patent No. 9,527,449; U.S. Patent No. 
9,511,717; and U.S. Patent No. 11,198,395. Id. The Commission's notice 
of investigation named as respondents Anhui Aggeus Auto-Tech Co., Ltd. 
(``Aggeus'') of Wuhu, China; Rough Country of Dyersburg, TN; Southern 
Truck LLC a/k/a/Top Gun Customz (``Southern Truck'') of Swanton, OH; 
Meyer Distributing, Inc. (``Meyer'') of Jasper, IN; and Earl Owen 
Company, Inc. (``Earl Owen'') of Carrollton, TX. Id. at 74662. The 
complainant is Lund Motion Products, Inc. of Brea, CA (``Lund''). Id. 
The Office of Unfair Import Investigations is participating in the 
investigation. Id.
    Respondents Meyer, Earl Owen, and Southern Truck have been 
terminated from the investigation based on settlement. See Order No. 5 
(Dec. 20, 2022), unreviewed by Comm'n Notice (Jan. 18, 2023); Order No. 
7 (Dec. 27, 2022), unreviewed by Comm'n Notice (Jan. 26, 2023); Order 
No. 9 (Jan. 4, 2023), unreviewed by Comm'n Notice (Feb. 2, 2023).
    On February 23, 2023, the ALJ granted Lund's unopposed motion to 
amend the complaint and notice of investigation to add Wuhu Wow-good, 
Auto-Tech Co. Ltd. (``Wow-good'') and Anhui Wollin International Co., 
Ltd. (``Wollin'') as named respondents. See Order No. 14 (Feb. 23, 
2023), unreviewed by Comm'n Notice (Mar. 23, 2023).
    On May 22, 2023, the Commission determined not to review an ID 
(Order No. 19) granting a motion to terminate the investigation in part 
with respect to respondents Aggeus, Wollin, and Wow-good based on the 
entry of a consent order. The Commission entered a consent order 
against Aggeus, Wollin, and Wow-good.
    On May 12, 2023, the ALJ issued the subject ID (Order No. 21) 
granting a motion to terminate the investigation with respect to 
respondent Rough Country based on the entry of a consent order. The ALJ 
found that the consent order stipulation and proposed consent order 
conform with Commission Rule 210.21(c)(3) and (4) (19 CFR 210.21(c)(3) 
and (4)). The ID also found that termination of the investigation with 
respect to respondent Rough Country would not be contrary to the public 
interest. No petitions for review were filed.
    The Commission has determined not to review the subject ID and to 
issue a consent order against respondent Rough Country. The 
investigation is terminated in its entirety.
    The Commission vote for this determination took place on June 12, 
2023.
    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 the order of the Commission.

    Issued: June 12, 2023.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2023-12885 Filed 6-15-23; 8:45 am]
BILLING CODE 7020-02-P