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Certain Windshield Wipers and Components Thereof; Commission Determination To Review in Part and, on Review, To Reverse in Part and To Vacate in Part a Final Initial Determination Finding a Violation of Section 337, and To Remand the Investigation in Part to the Administrative Law Judge

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Certain Windshield Wipers and Components Thereof; Commission Determination To Review in Part and, on Review, To Reverse in Part and To Vacate in Part a Final Initial Determination Finding a Violation of Section 337, and To Remand the Investigation in Part to the Administrative Law Judge

Lisa R. Barton
International Trade Commission
December 28, 2015


[Federal Register Volume 80, Number 248 (Monday, December 28, 2015)]
[Notices]
[Pages 80797-80798]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-32533]


-----------------------------------------------------------------------

INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-928 Investigation No. 337-TA-937 
(Consolidated)]


Certain Windshield Wipers and Components Thereof; Commission 
Determination To Review in Part and, on Review, To Reverse in Part and 
To Vacate in Part a Final Initial Determination Finding a Violation of 
Section 337, and To Remand the Investigation in Part to the 
Administrative Law Judge

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission (``the Commission'') has determined to review in part and, 
on review, to reverse in part and to vacate in part the final initial 
determination (``ID'') issued by the presiding administrative law judge 
(``ALJ'') on October 22, 2015. The Commission has also determined to 
remand the investigation in part to the ALJ.

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 Investigation No. 
337-TA-928, Certain Windshield Wipers and Components Thereof, under 
section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337 
(``section 337''), on September 2, 2014, based on a complaint filed by 
Valeo North America, Inc. of Troy, MI, and Delmex de Juarez S. de R.L. 
de C.V. of Mexico (collectively, ``Valeo''). The complaint alleges a 
violation of section 337 by reason of infringement of certain claims of 
U.S. Patent Nos. 7,891,044 (``the `044 patent''); 7,937,798 (``the `798 
patent''); and 8,220,106 by Federal-Mogul Corp. of Southfield, 
Michigan, Federal-Mogul Vehicle Component Solutions, Inc. of 
Southfield, Michigan, and Federal-Mogul of Aubange, Belgium 
(collectively, ``Federal-Mogul''). 79 FR 52041-42 (Sep. 2, 2014).
    On November 21, 2014, the Commission instituted Investigation No. 
337-TA-937, Certain Windshield Wipers and Components Thereof, based on 
a complaint filed by Valeo. The complaint alleges a violation of 
section 337 by reason of infringement of certain claims of the `044 
patent and the `798 patent by Trico Products Corporation of Rochester 
Hills, Michigan, Trico Products of Brownsville, Texas, and Trico 
Componentes SA de CV of Tamaulipas, Mexico (collectively, ``Trico''). 
79 FR 69525-26 (Nov. 21, 2014).
    On December 9, 2014, the ALJ consolidated investigations Nos. 337-
TA-928 and 337-TA-937. See ALJ Order No. 8 in Inv. No. 337-TA-928. The 
Office of Unfair Import Investigations is not a party in these 
consolidated investigations.
    On May 19, 2015, Valeo and Federal-Mogul reached a settlement 
agreement and filed a joint motion to terminate the Federal-Mogul 
Respondents from the consolidated investigations, which was granted on 
June 5, 2015. See ALJ Order No. 24, Inv. No. 337-TA-928 (June 5, 2015) 
(not reviewed June 29, 2015). The Trico respondents remained in the 
consolidated investigations.
    The evidentiary hearing on the question of violation of section 337 
was held in July of 2015. The final ID on violation was issued on 
October 22, 2015. The ALJ issued his recommended determination on 
remedy, the public interest and bonding on the same day. The ALJ found 
that a violation of section 337 has occurred in the importation into 
the United States, the sale for importation, or the sale within the 
United States after importation of certain windshield wipers and 
components thereof by reason of infringement of certain claims of the 
`798 patent. The ALJ recommended that the Commission issue a limited 
exclusion order directed to Trico's accused products that infringe the 
`798 patent. The ALJ did not recommend that the Commission issue a 
cease and desist order in this investigation. Both parties to this 
investigation filed timely petitions for review of various portions of 
the final ID, as well as timely responses to the petitions.
    Having examined the record in this investigation, including the 
ALJ's final ID, the petitions for review, and the responses thereto, 
the Commission has determined to review the ID in part and, on review, 
to take certain actions. In particular, the Commission has determined 
as follows:
    (1) To review the ALJ's determination in Order No. 36 (Jul. 16, 
2015) precluding arguments and evidence relating to Trico's 618 and 596 
connectors on the basis that they are obsolete and are irrelevant to 
the present investigation, see ALJ Order No. 36 at 1, and on review, to 
reverse this determination and to remand the investigation to the ALJ 
with respect to this issue, to make findings regarding whether Trico 
products with 618 and

[[Page 80798]]

596 connectors infringe either asserted patent and to make any 
necessary related findings, as set forth in the accompanying Remand 
Order.
    (2) To review the ALJ's finding that Valeo's indirect infringement 
claims are moot and, on review, to vacate it. The Commission finds it 
unnecessary to reach the issue of whether Trico induced infringement of 
the `798 patent with respect to the accused products considered by the 
ALJ because the Commission has determined not to review the ALJ's 
finding that Trico directly infringes the `798 patent.
    (3) To review the ALJ's finding that Valeo established 
quantitatively and qualitatively significant investment in plant and 
equipment and thus satisfies economic prong of the domestic industry 
requirement under subsection (A) of section 337(a)(3) and, on review, 
to take no position with respect to this finding.
    (4) To review the final ID with respect to footnote 7 on page 17 
and, on review, to modify the subject footnote by striking its second 
sentence.
    The Commission has determined not to review the remainder of the 
final ID. The Commission does not seek further briefing at this time.
    In light of the remand, the ALJ shall set a new target date within 
thirty days of the date of this notice consistent with the Remand 
Order. The current target date for this investigation is February 23, 
2016.
    Any briefing on reviewed and remanded issues, and on remedy, 
bonding, and the public interest will follow Commission consideration 
of the remand ID.
    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 21, 2015.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2015-32533 Filed 12-24-15; 8:45 am]
 BILLING CODE 7020-02-P



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