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Certain Replacement Automotive Lamps; Notice of the Commission's Final Determination Finding No Violation of Section 337; Termination of the Investigation Publication: Federal Register Agency: International Trade Commission Byline: Katherine Hiner Date: 13 March 2024 Subject: American Government 
Topic: Kia |
[Federal Register Volume 89, Number 50 (Wednesday, March 13, 2024)]
[Notices]
[Pages 18434-18435]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-05272]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1291]
Certain Replacement Automotive Lamps; Notice of the Commission's
Final Determination Finding No Violation of Section 337; Termination of
the Investigation
AGENCY: International Trade Commission.
ACTION: Notice.
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SUMMARY: Notice is hereby given that the U.S. International Trade
Commission has determined that complainants Kia Corporation and Kia
America, Inc. failed to demonstrate a violation of section 337 of the
Tariff Act of 1930, as amended, by any of the named respondents in the
above-captioned investigation. The investigation is terminated.
FOR FURTHER INFORMATION CONTACT: Robert Needham, Office of the General
Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202) 708-5468. 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 (https://www.usitc.gov). Hearing-impaired persons are advised that information
on this matter can be obtained by contacting the Commission's TDD
terminal, telephone (202) 205-1810.
SUPPLEMENTARY INFORMATION: On January 24, 2022, the Commission
instituted this investigation under section 337 of the Tariff Act of
1930, as amended, 19 U.S.C. 1337 (``section 337''), based on a
complaint filed on behalf of complainants Kia Corporation of Seoul,
Korea and Kia America, Inc. of Irvine, California (collectively,
``Kia''). 87 FR 3584-85 (Jan. 24, 2022). The complaint, as supplemented
and amended, alleges a violation of section 337 in the importation into
the United States, the sale for importation, and the sale after
importation within the United States after importation of certain
replacement automotive lamps by reason of infringement of U.S. Design
Patent Nos. D592,773 (the ``'773 patent''); D635,701 (the ``'701
patent''); D636,506 (the ``'506 patent''); D650,931 (the ``'931
patent''); D695,933 (the ``'933 patent''); D705,963 (the ``'963
patent''); D709,218 (the ``'218 patent''); D714,975 (the ``'975
patent''); D714,976 (the ``'976 patent''); D720,871 (the ``'871
patent''); D749,757 (the ``'757 patent''); D749,762 (the ``'762
patent''); D749,764 (the ``'764 patent''); D774,222 (the ``'222
patent''); D774,223 (the ``'223 patent''); D776,311 (the ``'311
patent''); D781,471 (the ``'471 patent''); D785,833 (the ``'833
patent''); D785,836 (the ``'836 patent''); and D792,989 (the ``'989
patent'') (together, ``Asserted Patents''). Id. at 3584. The notice of
investigation names as respondents TYC Brother Industrial Co., Ltd. of
Tainan, Taiwan; Genera Corporation (dba TYC Genera) of Brea,
California; LKQ Corporation of Chicago, Illinois; and Keystone
Automotive Industries, Inc. of Exeter, Pennsylvania (together,
``Respondents''). The Office of Unfair Import Investigations is not
participating in this investigation.
On February 7, 2022, the Chief ALJ (``CALJ'') ordered an
evidentiary hearing for both Inv. Nos. 337-TA-1291 and 337-TA-1292 on
the economic prong pursuant to the Commission's pilot program for
interim initial determinations (``IID''). Order No. 6 (Feb. 7, 2022).
The combined evidentiary hearing was held on April 20, 2022. On July 1,
2022, the CALJ issued an IID finding that Kia has satisfied the
economic prong of the domestic industry requirement with respect to all
of the asserted design patents. On August 24, 2022, the Commission
determined to review the IID. Notice (Aug. 24, 2022). The investigation
was reassigned to the presiding ALJ on July 6, 2022.
On January 24, 2023, the presiding ALJ issued a final initial
determination (``Final ID'') finding a violation of section 337 by
Respondents with respect to the '773, '701, '506, '931, '933, '218,
'975, '976, '871, '762, '764, '222, '223, '311, '833, '836, and '989
patents. Final ID at 1. The Final ID finds no violation with respect to
the '963, '757, and '471 patents based on noninfringement and failure
to satisfy the technical prong of the domestic industry requirement.
Id. at 1, 284-86. The Final ID also finds that no asserted patent is
invalid as anticipated or obvious. Id. Concerning the economic prong of
the domestic industry requirement, the Final ID reduced Kia's alleged
investments due to Kia's failure to establish that certain of its
alleged domestic industry products are representative of other alleged
domestic industry products, but finds that the economic prong of
domestic industry requirement is satisfied for all of the Asserted
Patents. Id. at 33-37.
On February 6, 2023, Respondents filed a petition for review
challenging the Final ID's findings on the economic prong of the
domestic industry requirement, infringement, and validity. Also on
February 6, 2023, Kia filed a petition for review challenging the Final
ID's findings of noninfringement and contingently petitioning regarding
the Final ID's findings concerning non-satisfaction of the technical
prong of the domestic industry requirement regarding the '963, '757,
and '471 patents. On February 14, 2023, Kia and Respondents filed
responses to each other's petitions.
On January 25, 2023, the Commission requested submissions regarding
the public interest. 88 FR 5919-20 (Jan. 30, 2023). The Commission
received submissions from Thomas Lee, Dennis Shiau, Peter Nguyen, John
Chang, Raymond Tsai, Christopher Patti, Edward Salamy, Paul Tetrault,
Clark Plucinski, Gay Gordon-Byrne, the Alliance for Automotive
Innovation, and Gregory Cote. On February 23, 2023, the Commission also
received submissions on the public interest from Respondents pursuant
to Commission Rule 210.50(a)(4). 19 CFR 210.50(a)(4).
On May 11, 2023, the Commission determined to review the Final ID
in its entirety and sought briefing from the parties on certain issues
and briefing from the parties, interested government agencies, and the
public concerning remedy, bonding, and the public interest. 88 FR
31520-22 (May 17, 2023). Kia and Respondents filed initial
[[Page 18435]]
submissions on May 25, 2023, and reply submissions on June 1, 2023.
On June 15, 2023, Respondents moved to strike a declaration of
Brian Sciumbato, who testified regarding the public interest factors.
Having examined the record of this investigation, including the
IID, the Final ID, the petitions, responses, and other submissions from
the parties and the public, the Commission has determined to vacate the
IID and the Final ID's economic prong findings and find that Kia has
failed to satisfy the economic prong of the domestic industry
requirement with respect to any of the Asserted Patents. The Commission
has further determined to take no position on the issues of
infringement, satisfaction of the technical prong of the domestic
industry requirement, and invalidity. The Commission also denies
Respondents' motion to strike the Sciumbato declaration as moot.
The Commission's determinations are explained more fully in the
accompanying Opinion. All other findings in the ID under review that
are consistent with the Commission's determinations are affirmed. The
investigation is hereby terminated.
Commissioner Schmidtlein does not join the majority's opinion but
agrees that Kia has failed to establish the economic prong of the
domestic industry requirement for any of the Asserted Patents. She
therefore agrees that there has been no violation of section 337 in
this investigation. She explains her views in a concurring opinion.
The Commission vote for this determination took place on March 7,
2024.
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: March 7, 2024.
Katherine Hiner,
Supervisory Attorney.
[FR Doc. 2024-05272 Filed 3-12-24; 8:45 am]
BILLING CODE 7020-02-P