Certain Vehicle Control Systems, Vehicles Containing the Same, and Components Thereof; Notice of a Commission Determination Not To Review an Initial Determination Granting a Joint Motion To Terminate the Investigation Due to a Settlement Agreement; Termination of the Investigation Publication: Federal Register Agency: International Trade Commission Byline: Lisa Barton Date: 22 December 2021 Subject: American Government Topic: Jaguar Land Rover

[Federal Register Volume 86, Number 243 (Wednesday, December 22, 2021)]
[Notices]
[Pages 72618-72619]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-27758]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1235]


Certain Vehicle Control Systems, Vehicles Containing the Same, 
and Components Thereof; Notice of a Commission Determination Not To 
Review an Initial Determination Granting a Joint Motion To Terminate 
the Investigation Due to a Settlement Agreement; Termination of the 
Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission (``Commission'') has

[[Page 72619]]

determined not to review an initial determination (``ID'') (Order No. 
58) issued by the presiding administrative law judge (``ALJ'') granting 
a joint motion to terminate the investigation based on a settlement 
agreement. The investigation is hereby terminated.

FOR FURTHER INFORMATION CONTACT: Carl P. Bretscher, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone (202) 205-2382. 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 29, 2020, based on a complaint, as supplemented, filed by 
Jaguar Land Rover Ltd. of Coventry, United Kingdom and Jaguar Land 
Rover North America, LLC of Mahwah, New Jersey (collectively, ``JLR''). 
85 FR 85659 (Dec. 29, 2020). The complaint, as supplemented, alleges 
violations of section 337 of the Tariff Act of 1930, as amended, 19 
U.S.C. 1337 (``Section 337''), in the importation into the United 
States, sale for importation, or sale in the United States after 
importation of certain vehicle control systems, vehicles containing the 
same, and components thereof by reason of infringement of certain 
claims of U.S. Patent No. RE46,828 (``the '828 patent''). The complaint 
further alleges that a domestic industry exists. Id. The Commission's 
notice of investigation named the following respondents: Dr. Ing. h.c. 
F. Porsche AG (d/b/a Porsche AG) of Stuttgart, Germany; Porsche Cars 
North America, Inc. of Atlanta, Georgia; Automobili Lamborghini S.p.A. 
of Sant'Agata Bolognese, Italy; Automobili Lamborghini America, LLC of 
Herndon, Virginia; Volkswagen AG of Wolfsburg, Germany; Volkswagen 
Group of America, Inc. of Herndon, Virginia; Audi AG of Ingolstadt, 
Germany; and Audi of America, LLC of Herndon, Virginia. Id. The Office 
of Unfair Import Investigations was not named as a party to this 
investigation. Id.
    The Commission partially terminated the investigation with respect 
to certain claims of the '828 patent based on unopposed motions filed 
by JLR. Order No. 43 (May 3, 2021), unreviewed by Comm'n Notice (June 
1, 2021); Order No. 47 (Aug. 4, 2021), unreviewed by Comm'n Notice 
(Aug. 18, 2021); Order No. 48 (Aug. 5, 2021), unreviewed by Comm'n 
Notice (Aug. 18, 2021).
    On September 27, 2021, JLR and Respondents filed a joint motion to 
terminate the investigation based on a settlement agreement that 
settled all of the issues between the parties.
    On November 18, 2021, the presiding ALJ issued the subject ID 
(Order No. 58) granting the joint motion to terminate the 
investigation. The ID finds that the settlement agreement complies with 
Commission Rules 210.21(a)(1) and 210.21(b)(1) (19 CFR 210.21(a)(1), 
210.21(b)(1)) because it completely resolves the dispute between the 
parties, and there are no other agreements, written or oral, express or 
implied, between the parties concerning the subject matter of the 
investigation. The ID also finds that terminating the investigation is 
in the public interest and will conserve public and private resources. 
The ID finds there are no extraordinary circumstances that would 
prevent the termination of this investigation.
    No petition for review of the subject ID was filed.
    The Commission has determined not to review the subject ID. 
Accordingly, the investigation is hereby terminated in its entirety.
    The Commission vote for this determination took place on December 
17, 2021.
    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 17, 2021.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2021-27758 Filed 12-21-21; 8:45 am]
BILLING CODE 7020-02-P