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Certain Tires and Products Containing Same; Commission Determination Not to Review an Initial Determination Granting-In-Part Complainants' Motion to Amend the Complaint and Notice of Investigation To Add Respondents

American Government Special Collections Reference Desk

American Government

Certain Tires and Products Containing Same; Commission Determination Not to Review an Initial Determination Granting-In-Part Complainants' Motion to Amend the Complaint and Notice of Investigation To Add Respondents

Lisa R. Barton
International Trade Commission
December 26, 2013


[Federal Register Volume 78, Number 248 (Thursday, December 26, 2013)]
[Notices]
[Page 78384]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-30795]



[[Page 78384]]

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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-894]


Certain Tires and Products Containing Same; Commission 
Determination Not to Review an Initial Determination Granting-In-Part 
Complainants' Motion to Amend the Complaint and Notice of Investigation 
To Add Respondents

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. 11) of the presiding administrative law judge 
(``ALJ'') granting-in-part complainants' motion to amend the complaint 
and notice of investigation to add respondents.

FOR FURTHER INFORMATION CONTACT: Michael Liberman, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street SW., 
Washington, DC 20436, telephone (202) 205-3115. Copies of non-
confidential documents filed in connection with this investigation are 
or will be available for inspection during official business hours 
(8:45 a.m. to 5:15 p.m.) in the Office of the Secretary, U.S. 
International Trade Commission, 500 E Street SW., Washington, DC 20436, 
telephone (202) 205-2000. General information concerning the Commission 
may also be obtained by accessing its Internet server at http://www.usitc.gov. The public record for this investigation may be viewed 
on the Commission's electronic docket (EDIS) at http://edis.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 
under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 
1337, on September 20, 2013, based on a complaint filed by Toyo Tire & 
Rubber Co., Ltd. of Japan; Toyo Tire Holdings of Americas Inc. of 
Cypress, California; Toyo Tire U.S.A. Corp. of Cypress, California; 
Nitto Tire U.S.A. Inc. of Cypress, California; and Toyo Tire North 
America Manufacturing Inc. of White, Georgia (collectively, ``Toyo''). 
The complaint, as supplemented, alleges a violation of section 337 by 
reason of infringement of certain claims of U.S. Design Patent Nos. 
D487,424; D610,975; D610,976; D610,977; D615,031; D626,913; D458,214; 
and D653,200. 78 F . 57882 (Sept. 20, 2013). The respondents are Hong 
Kong Tri-Ace Tire Co., Ltd. of Guangzhou, China; Weifang Shunfuchang 
Rubber & Plastic Co., Ltd. of Shouguang City, China; Doublestar Dong 
Feng Tyre Co., Ltd. of Shiyan, China; Shandong Yongtai Chemical Group 
Co., Ltd. of Dawang Town, Shangrao, China; MHT Luxury Alloys of Rancho 
Dominguez, California; Wheel Warehouse, Inc. of Anaheim, California; 
Shandong Linglong Tyre Co., Ltd. of Zhaoyuan City, China; Dunlap & Kyle 
Company, Inc., d/b/a Gateway Tire and Service of Batesville, 
Mississippi; Unicorn Tire Corp. of Memphis, Tennessee; West KY Customs, 
LLC of Benton, Kentucky; Svizz-One Corporation Ltd. of Bangpla, 
Thailand; South China Tire and Rubber Co., Ltd. of Guangzhou City, 
China; American Omni Trading Co., LLC of Houston, Texas; Tire & Wheel 
Master, Inc. of Stockton, California; Simple Tire of Cookeville, 
Tennessee; WTD Inc. of Cerritos, California; Guangzhou South China Tire 
& Rubber Co., Ltd. of Aotou, China; Turbo Wholesale Tires, Inc. of 
Irwindale, California; TireCrawler.com of Downey, California; Lexani 
Tires Worldwide, Inc. of Irwindale, California; Vittore Wheel & Tire of 
Asheboro, North Carolina; and RTM Wheel & Tire of Asheboro, North 
Carolina. Id. Subsequently, the investigation as to respondent 
Tirecrawler.com was terminated based on a settlement agreement.
    On October 24, 2013, complainants Toyo moved to amend the complaint 
and notice of investigation to add Shandong Hengyu Science & Technology 
Co., Ltd. (``Shandong Hengyu''), Group A Wheels, and Auto Trend Tire 
and Wheel, Inc. (``Auto Trend'') as respondents. The Commission 
investigative attorney filed a response in support of Toyo's motion. No 
other responses were received.
    On November 21, 2013, the ALJ issued an ID (Order No. 11). The ALJ 
found that good cause exists to add Shandong Hengyu as a respondent. 
The ALJ also found that no good cause was shown to add Auto Trend and 
Group A Wheels as respondents. Accordingly, the ALJ granted Toyo's 
motion to amend the complaint and notice of investigation to add 
Shandong Hengyu as a respondent, and denied Toyo's motion to amend the 
complaint and notice of investigation to add Auto Trend and Group A 
Wheels, thus granting-in-part Toyo's motion. No party petitioned for 
review of the ID, and the Commission has determined not to review it.
    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 sections 210.42-.46 of the Commission's Rules of Practice and 
Procedure (19 CFR 210.42-.46).

    By order of the Commission.

    Issued: December 20, 2013.
Lisa R. Barton,
Acting Secretary to the Commission.
[FR Doc. 2013-30795 Filed 12-24-13; 8:45 am]
BILLING CODE 7020-02-P



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