Certain Pick-Up Truck Folding Bed Cover Systems and Components Thereof (III); Notice of a Commission Determination Not To Review an Initial Determination Granting Summary Determination of Violation of Section 337; Request for Written Submissions on Remedy, the Public Interest, and Bonding Publication: Federal Register Agency: International Trade Commission Byline: Lisa Barton Date: 13 June 2024 Subject: American Government

[Federal Register Volume 89, Number 115 (Thursday, June 13, 2024)]
[Notices]
[Pages 50370-50372]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-12885]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1353]


Certain Pick-Up Truck Folding Bed Cover Systems and Components 
Thereof (III); Notice of a Commission Determination Not To Review an 
Initial Determination Granting Summary Determination of Violation of 
Section 337; Request for Written Submissions on Remedy, the Public 
Interest, and Bonding

AGENCY: U.S. 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. 33) issued by the presiding administrative law 
judge (``ALJ'') granting a motion for summary determination of 
violation of section 337. The Commission requests written submissions 
from the parties, interested government agencies, and interested 
persons on the issues of remedy, the public interest, and bonding, 
under the schedule set forth below.

FOR FURTHER INFORMATION CONTACT: Robert J. 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 http://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 (http://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 February 27, 2023, based on a complaint, as supplemented and 
amended, filed by Extang Corporation of Ann Arbor, Michigan 
(``Extang''); Laurmark Enterprises, Inc. d/b/a BAK Industries (``BAK'') 
of Ann Arbor, Michigan; and UnderCover, Inc. of Rogersville, Missouri 
(together, ``Complainants''). 88 FR 12422-23 (Feb. 27, 2023). The 
complaint alleged violations of section 337 in the importation into the 
United States, the sale for importation, and the sale within the United 
States after importation of certain pick-up truck folding bed cover 
systems and components thereof by reason of infringement of certain 
claims of U.S. Patent Nos. 7,188,888; 7,484,788 (``the '788 patent''); 
8,061,758 (``the '758 patent''); 7,537,264; 8,182,021; 8,690,224; and 
9,815,358. Id. at 12422. The Commission's notice of investigation named 
21 respondents: 4 Wheel Parts of Compton, California; American Trucks 
of Lenexa, Kansas; Auto Dynasty a/k/a Shun Fung Int'l Inc. of City of 
Industry, California; AUTOSTARLAND Technology (US), Inc. of Riverside, 
California; DNA Motoring of City of Industry, California; Fanciest 
Pickup Accessories of Riverside, California; Future Trucks a/k/a Future 
Trading Company, LLC of Houston, Texas; Ikon Motorsports, Inc. of City 
of Industry, California; Jiaxing Kscar Auto Accessories Co., Ltd. a/k/a 
KSC Auto of Pinghu City, China; Kiko Kikito of Ruian City, China; Lyon 
Cover Auto a/k/a Truck Tonneau Covers of Wenzhou City, China; Mamoru 
Cover, a/k/a Ningbo Surpass Auto Parts Co., Ltd. of Ningbo City, China; 
MOSTPLUS Auto of Hong Kong, China; Newpowa America, Inc. of Ontario, 
California; New Home Materials, Inc. of Riverside, California; OEDRO of 
Kent, Washington; Pickup Zone, a/k/a Dai Qun Feng of Riverside, 
California; RDJ Trucks, LLC of Talmo, Georgia (``RDJ''); Smittybilt, 
Inc. of Compton, California; Trek Power, Inc. of Placentia, California 
(``Trek''); and Wenzhou Tianmao Automobile Parts Co., Ltd. of Wenzhou 
City, China. Id. The Office of Unfair Import Investigations (``OUII'') 
is participating in this investigation. Id.
    The Commission subsequently granted leave to amend the complaint 
and notice of investigation to change the names of several respondents. 
Order No. 9 (May 4, 2023), unreviewed by Notice (May 30, 2023). 
Specifically, the Commission granted leave to change the names of: (1) 
respondents 4 Wheel Parts and Smittybilt, Inc. to TAP Worldwide, LLC d/
b/a 4 Wheel Parts; (2) respondent MOSTPLUS Auto to Ultimate Motor Parts 
Limited; (3) respondent OEDRO to Hong Kong Yintatech Network Co., Ltd. 
a/k/a OEDRO; (4) respondent Ikon Motorsports, Inc. to Advance Tuning, 
LLC d/b/a Ikon Motorsports, Inc.; (5) respondents AUTOSTARLAND 
Technology (US), Inc. and Pickup Zone a/k/a Dai Qun Feng to 
Autostarland Technology (US), Inc. dba Pickup Zone; (6) respondent 
Mamoru Cover a/k/a Ningbo Surpass Auto Parts Co., Ltd. to Ningbo 
Surpass Auto Parts Co., Ltd.; (7) respondent American Trucks to 
American Trucks Inc. and Turn 5 d/b/a American Trucks; (8) respondent 
Kiko

[[Page 50371]]

Kikito to Wenzhou Tianmao Automobile Parts Co., Ltd. DBA Kikito and 
Rui'an Yiming Trading Co. Ltd.; and (9) respondent Lyon Cover Auto a/k/
a Truck Tonneau Covers to Wenzhou Tianmao Automobile Parts Co., Ltd. 
DBA Lyon Cover and Wenzhou Chaoming Auto Parts Co., Ltd.
    The Commission also terminated two respondents based on settlement, 
one respondent based on the entry of a consent order, and 14 
respondents based on both settlement and the entry of a consent order. 
Order No. 15 (Jun. 13, 2023), unreviewed by Notice (Jul. 11, 2023) 
(terminating TAP Worldwide, LLC d/b/a 4 Wheel Parts based on a 
settlement agreement); Order No. 17 (Jul. 11, 2023), unreviewed by 
Notice (Aug. 9, 2023) (terminating Advance Tuning, LLC d/b/a Ikon 
Motorsport, Inc. based on the entry of a consent order); Order No. 18 
(Jul. 18, 2023), unreviewed by Notice (Aug. 16, 2023) (terminating 
American Trucks, Inc. and Turn 5 d/b/a American Trucks based on a 
settlement agreement); Order Nos. 22, 23, and 24 (Jul. 31, 2023), 
unreviewed by Notice (Aug. 28, 2023) (terminating Ningbo Surpass Auto 
Parts Co., Ltd., Newpowa America, Inc., and New Home Materials, Inc. 
based on a settlement agreement and entry of a consent order); Order 
Nos. 25 and 26 (Aug. 1, 2023), unreviewed by Notice (Aug. 30, 2023) 
(terminating Autostarland Technology (US), Inc. d/b/a Pickup Zone and 
Fanciest Pickup Accessories based on a settlement agreement and entry 
of a consent order); Order No. 27 (Aug. 21, 2023), unreviewed by Notice 
(Sept. 19, 2023) (terminating Auto Dynasty a/k/a Shun Fung 
International Inc. based on a settlement agreement and entry of a 
consent order); Order No. 28 (Aug. 24, 2023), unreviewed by Corrected 
Notice (Sept. 20, 2023) (terminating DNA Motoring based on a settlement 
agreement and entry of a consent order); Order Nos. 29 and 30 (Aug. 25, 
2023), unreviewed by Notice (Sept. 21, 2023) (terminating Wenzhou 
Tianmao Automobile Parts Co., Ltd., Wenzhou Tianmao Automobile Parts 
Co., Ltd. DBA Kikito, Rui'an Yiming Trading Co. Ltd., Wenzhou Tianmao 
Automobile Parts Co., Ltd. DBA Lyon Cover, Wenzhou Chaoming Auto Parts 
Co., Ltd., Jiaxing Kscar Auto Accessories Co. Ltd. a/k/a KSC Auto, 
Future Trucks a/k/a Future Trading Co., LLC, Ultimate Motor Parts 
Limited, and Hong Kong Yintatech Network Co., Ltd. based on a 
settlement agreement and entry of a consent order).
    On August 22, 2023, the Commission found RDJ and Trek in default. 
Order No. 19 (Jul. 21, 2023), unreviewed by Notice (Aug. 22, 2023). On 
October 6, 2023, Extang and BAK (``Movants'') filed a motion for a 
summary determination of violation with respect to claims 2-4 of the 
'758 patent and claims 1-3 of the '788 patent, and requested the entry 
of a general exclusion order (``GEO''), the entry of cease and desist 
orders (``CDOs'') against RDJ and Trek, and the imposition of a bond 
rate of 100 percent during the period of Presidential review. On 
October 27, 2023, OUII filed a response in support of the motion and 
the requested remedial relief.
    On April 23, 2024, the ALJ issued the subject ID granting the 
Movants' motion and included a recommended determination on remedy and 
bond (``RD'') recommending issuance of a GEO, the issuance of CDOs 
against RDJ and Trek, and the imposition of a bond in the amount of 100 
percent of the entered value of infringing products during the period 
of Presidential review. Specifically, the ID finds that: (1) the 
Commission has statutory authority in the present investigation, in rem 
jurisdiction over the accused products, and that in personam 
jurisdiction is not required and is in any event waived by defaulting; 
(2) that the importation requirement is satisfied; (3) that all of the 
remaining asserted claims are infringed by RDJ's and Trek's products; 
and (4) that Movants have satisfied the domestic industry requirement 
with respect to the '758 and '788 patents. In support of its 
recommendation for issuance of a GEO, the RD finds: (1) that a GEO is 
necessary in this investigation to prevent circumvention of a limited 
exclusion order and (2) that the record shows a pattern of violation of 
section 337 through importation of articles that infringe the '758 and 
'788 patents, and that the source of those infringing articles is 
difficult to identify. No party petitioned for review of the ID.
    The Commission has determined not to review the ID.
    In connection with the final disposition of this investigation, the 
statute authorizes issuance of, inter alia, (1) an exclusion order that 
could result in the exclusion of the subject articles from entry into 
the United States and/or (2) cease and desist orders that could result 
in the respondents being required to cease and desist from engaging in 
unfair acts in the importation and sale of such articles. Accordingly, 
the Commission is interested in receiving written submissions that 
address the form of remedy, if any, that should be ordered. If a party 
seeks exclusion of an article from entry into the United States for 
purposes other than entry for consumption, the party should so indicate 
and provide information establishing that activities involving other 
types of entry either are adversely affecting it or likely to do so. 
For background, see Certain Devices for Connecting Computers via 
Telephone Lines, Inv. No. 337-TA-360, USITC Pub. No. 2843, Comm'n Op. 
at 7-10 (Dec. 1994).
    The statute requires the Commission to consider the effects of that 
remedy upon the public interest. The public interest factors the 
Commission will consider include the effect that an exclusion order 
would have on: (1) the public health and welfare, (2) competitive 
conditions in the U.S. economy, (3) U.S. production of articles that 
are like or directly competitive with those that are subject to 
investigation, and (4) U.S. consumers. The Commission is therefore 
interested in receiving written submissions that address the 
aforementioned public interest factors in the context of this 
investigation.
    If the Commission orders some form of remedy, the U.S. Trade 
Representative, as delegated by the President, has 60 days to approve, 
disapprove, or take no action on the Commission's determination. See 
Presidential Memorandum of July 21, 2005, 70 FR 43251 (July 26, 2005). 
During this period, the subject articles would be entitled to enter the 
United States under bond, in an amount determined by the Commission and 
prescribed by the Secretary of the Treasury. The Commission is 
therefore interested in receiving submissions concerning the amount of 
the bond that should be imposed if a remedy is ordered.
    Written Submissions: Parties to the investigation, interested 
government agencies, and any other interested parties are encouraged to 
file written submissions on the issues of remedy, the public interest, 
and bonding. Such submissions should address the recommended 
determination by the ALJ on remedy and bonding.
    In their initial submission, Complainants are also requested to 
identify the remedy sought and Complainants and OUII are requested to 
submit proposed remedial orders for the Commission's consideration. 
Complainant is further requested to state the dates that the Asserted 
Patents expire, the HTSUS subheadings under which the accused products 
are imported, and to supply the identification information for all 
known importers of the products at issue in this investigation. The 
initial written submissions and proposed remedial orders must be filed 
no later than close

[[Page 50372]]

of business on June 21, 2024. Reply submissions must be filed no later 
than the close of business on June 28, 2024. No further submissions on 
these issues will be permitted unless otherwise ordered by the 
Commission.
    Persons filing written submissions must file the original document 
electronically on or before the deadlines stated above. The 
Commission's paper filing requirements in 19 CFR 210.4(f) are currently 
waived. 85 FR 15798 (March 19, 2020). Submissions should refer to the 
investigation number (Inv. No. 337-TA-1353) in a prominent place on the 
cover page and/or the first page. (See Handbook for Electronic Filing 
Procedures, https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf). Persons with questions regarding 
filing should contact the Secretary, (202) 205-2000.
    Any person desiring to submit a document to the Commission in 
confidence must request confidential treatment by marking each document 
with a header indicating that the document contains confidential 
information. This marking will be deemed to satisfy the request 
procedure set forth in Rules 201.6(b) and 210.5(e)(2) (19 CFR 201.6(b) 
& 210.5(e)(2)). Documents for which confidential treatment by the 
Commission is properly sought will be treated accordingly. A redacted 
non-confidential version of the document must also be filed 
simultaneously with any confidential filing. All information, including 
confidential business information and documents for which confidential 
treatment is properly sought, submitted to the Commission for purposes 
of this investigation may be disclosed to and used: (i) by the 
Commission, its employees and Offices, and contract personnel (a) for 
developing or maintaining the records of this or a related proceeding, 
or (b) in internal investigations, audits, reviews, and evaluations 
relating to the programs, personnel, and operations of the Commission 
including under 5 U.S.C. appendix 3; or (ii) by U.S. Government 
employees and contract personnel, solely for cybersecurity purposes. 
All contract personnel will sign appropriate nondisclosure agreements. 
All nonconfidential written submissions will be available for public 
inspection on EDIS.
    The Commission vote for this determination took place on June 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: June 7, 2024.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2024-12885 Filed 6-12-24; 8:45 am]
BILLING CODE 7020-02-P