Certain Windshield Wipers and Components Thereof Institution of Investigation Pursuant to 19 U.S.C. 1337

Lisa R. Barton
International Trade Commission
November 21, 2014

[Federal Register Volume 79, Number 225 (Friday, November 21, 2014)]
[Notices]
[Pages 69525-69526]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-27560]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-937]


Certain Windshield Wipers and Components Thereof Institution of 
Investigation Pursuant to 19 U.S.C. 1337

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.

[[Page 69526]]

International Trade Commission on October 15, 2014, under section 337 
of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
Valeo North America, Inc. of Troy, Michigan and Delmex de Juarez S. de 
R.L. de C.V. of Mexico. A letter supplementing the complaint was filed 
on October 29, 2014. 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 windshield wipers and components thereof by reason of 
infringement of certain claims of U.S. Patent No. 7,891,044 (``the '044 
patent'') and U.S. Patent No. 7,937,798 (``the '798 patent''). The 
complaint further alleges that an industry in the United States exists 
as required by subsection (a)(2) of section 337.
    The complainants request that the Commission institute an 
investigation and, after the investigation, issue a limited exclusion 
order and cease and desist orders.

ADDRESSES: The complaint, except for any confidential information 
contained therein, is 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., Room 112, Washington, 
DC 20436, telephone (202) 205-2000. 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 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.

FOR FURTHER INFORMATION CONTACT: The Office of Unfair Import 
Investigations, U.S. International Trade Commission, telephone (202) 
205-2560.

    Authority:  The authority for institution of this investigation 
is contained in section 337 of the Tariff Act of 1930, as amended, 
and in section 210.10 of the Commission's Rules of Practice and 
Procedure, 19 CFR 210.10 (2014).

    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on November 14, 2014, 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 windshield 
wipers and components thereof by reason of infringement of one or more 
of claims 1, 2, 5, 7, 8, 10-14, 18, 19, and 31-33 of the '044 patent 
and claims 1-12, 14, and 15 of the '798 patent, and whether an industry 
in the United States exists as required by subsection (a)(2) of section 
337;
    (2) 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:

Valeo North America, Inc., 150 Stephenson Highway, Troy, MI 48083.
Delmex de Juarez S. de R.L. de C.V., Avenida de las Torres y calle 
Intermex #1681, Parque Industiral Intermex, Cd. Juarez, Chihuahua 
32640, Mexico.

    (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:

Trico Products Corporation, 3255 West Hamlin Road, Rochester Hills, 
Michigan 48309.
Trico Products, 1995 Billy Mitchell Boulevard, Brownsville, TX 78521.
Trico Componentes SA de CV, Ave Michigan #200, Matamoros, Tamaulipas, 
Mexico; and

    (3) For the investigation so instituted, the Honorable Thomas B. 
Pender is designated as the presiding Administrative Law Judge.
    The Commission has determined to assign this investigation to Judge 
Pender, who is the presiding Administrative Law Judge in Certain 
Windshield Wipers and Components Thereof, Inv. No. 337-TA-928, in view 
of the overlapping subject matter in the two investigations. The 
presiding Administrative Law Judge is authorized to consolidate Inv. 
No. 337-TA-928 and this investigation if he deems it appropriate.
    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(d)-(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: November 17, 2014.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2014-27560 Filed 11-20-14; 8:45 am]
BILLING CODE 7020-02-P