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Certain Automated Retractable Vehicle Steps and Components Thereof; Institution of Investigation Publication: Federal Register Agency: International Trade Commission Byline: Katherine Hiner Date: 6 December 2022 Subject: American Government 
Topic: Lund |
[Federal Register Volume 87, Number 233 (Tuesday, December 6, 2022)]
[Notices]
[Pages 74661-74662]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-26500]
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INTERNATIONAL TRADE COMMISSION
[Inv. No. 337-TA-1345]
Certain Automated Retractable Vehicle Steps 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 October 28, 2022, under section
337 of the Tariff Act of 1930, as amended, on behalf of Lund Motion
Products, Inc. of Brea, California. Supplements to the complaint were
filed on November 14, 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 automated retractable vehicle steps and
components thereof by reason of the infringement of certain claims of
U.S. Patent No. 9,272,667 (``the '667 patent); U.S. Patent No.
9,527,449 (``the '449 Patent''); U.S. Patent No. 9,511,717 (``the '717
Patent''); and U.S. Patent No. 11,198,395 (``the '395 patent''). The
complaint further alleges that an industry in the United States exists
as required by the applicable Federal Statute. The complainant requests
that the Commission institute an investigation and, after the
investigation, issue a general exclusion order, or in the alternative 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, 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 (2022).
Scope of Investigation: Having considered the complaint, the U.S.
International Trade Commission, on November 30, 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,
[[Page 74662]]
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 1-3 and 5 of the '395 patent; claims 1-13 of the '667
patent; claims 1, 4-11, and 16 of the '717 patent; and claims 7-12 of
the '449 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 ``automatic powered
retractable vehicle steps and components thereof'';
(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 complainant is:
Lund Motion Products, Inc., 3172 Nasa Street, Brea, CA 92821
(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:
Anhui Aggeus Auto-Tech Co., Ltd. a/k/a Wuhu, Woden Auto Parts Co.,
Ltd. a/k/a Wuhu Wow-good, Auto-tech Co. Ltd. a/k/a Anhui Wollin
International Co., Ltd., No. 9, Zhanghe Road, Yijiang District, Wuhu,
Anhui, China, 241002
Rough Country LLC, 2450 Huish Rd., Dyersburg, TN 38024
Southern Truck LLC a/k/a Top Gun Customz, 11927 Sager Rd., Swanton,
OH 43558
Meyer Distributing, Inc., 560 E 25th St., Jasper, IN 47546
Earl Owen Company, Inc., 1235 W Trinity Mills Rd., Carrollton, TX
75006
(c) The Office of Unfair Import Investigations, U.S. International
Trade Commission, 500 E Street SW, Suite 401, Washington, DC 20436; and
(4) 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: December 1, 2022.
Katherine Hiner,
Acting Secretary to the Commission.
[FR Doc. 2022-26500 Filed 12-5-22; 8:45 am]
BILLING CODE 7020-02-P