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Certain High-Strength Aluminum or Aluminum Alloy-Coated Steel, and Automotive Products and Automobiles Containing Same; Notice of Institution of Investigation Publication: Federal Register Agency: International Trade Commission Byline: Sharon Bellamy Date: 24 May 2024 Subject: American Government 
Topic: VinFast |
[Federal Register Volume 89, Number 102 (Friday, May 24, 2024)]
[Notices]
[Pages 45922-45923]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-11399]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1402]
Certain High-Strength Aluminum or Aluminum Alloy-Coated Steel,
and Automotive Products and Automobiles Containing Same; Notice of
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 April 17, 2024, under section
337 of the Tariff Act of 1930, as amended, on behalf of ArcelorMittal
of Luxembourg. Supplements to the complaint were filed on April 24 and
May 1, 2024. The complaint 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 high-
strength aluminum or aluminum alloy-coated steel, and automobile
products and automobiles containing same by reason of the infringement
of certain claims of U.S. Patent No. 10,961,602 (``the '602 patent'')
and U.S. Patent No. 11,326,227 (``the '227 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 limited/general 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: Heidi Yoo, The 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 (2024).
Scope of Investigation: Having considered the complaint, the U.S.
International Trade Commission, on May 17, 2024, 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
[[Page 45923]]
infringement of one or more of claims 1-3, 5-10, 12, 20-22, 24-26, and
28 of the '602 patent and claims 1, 2, 4-11, 13, 15-17, 22, 24, and 25
of the '227 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 ``high-strength
aluminum or aluminum alloy-coated steel for use in automobiles,
automobiles that include high-strength aluminum or aluminum alloy-
coated steel and automotive products that include high-strength
aluminum or aluminum alloy-coated steel'';
(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:
ArcelorMittal, 24-26, Boulevard d'Avranches L-1160, Luxembourg, Grand
Duchy of Luxembourg
(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:
VinFast Auto Ltd., Dinh Vu--Cat Hai Economic Zone, Cat Hai Islands, Cat
Hai Town, Cat Hai District, Hai Phong City, Vietnam
VinFast Auto, LLC, 12777 West Jefferson Boulevard, Suite A-101, Los
Angeles, CA 90066
VinFast USA Distribution, LLC, 12777 West Jefferson Boulevard, Suite A-
101, Los Angeles, CA 90066
Vingroup USA, LLC, 12777 West Jefferson Boulevard, Suite A-101, Los
Angeles, CA 90066
VinFast Trading and Production JSC, Dinh Vu--Cat Hai Economic Zone, Cat
Hai Islands, Cat Hai Town, Cat Hai District, Hai Phong City, Vietnam
(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 19 CFR 201.16(e) and 210.13(a), such responses will be
considered by the Commission if received not later than 20 days after
the date of service by the Commission 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: May 20, 2024.
Sharon Bellamy,
Supervisory Hearings and Information Officer.
[FR Doc. 2024-11399 Filed 5-23-24; 8:45 am]
BILLING CODE 7020-02-P