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Lisa R. Barton
International Trade Commission
17 February 2016
[Federal Register Volume 81, Number 31 (Wednesday, February 17, 2016)]
[Notices]
[Pages 8096-8098]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-03205]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-928 and Investigation No. 337-TA-937]
(Consolidated) (Remand) Certain Windshield Wipers and Components
Thereof; Commission Determination Not To Review Two Initial
Determinations; Schedule for Filing Written Submissions on Remedy, the
Public Interest, and Bonding; Extension of the Target Date for
Completion of the Investigation
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 (1) an initial determination
(``ID'') (Order No. 43) of the presiding administrative law judge
(``ALJ'') granting complainants' motion to terminate the remand
investigation with respect to certain products and (2) a remand ID. The
Commission has set a schedule for filing written submissions on remedy,
the public interest, and bonding. The Commission has also determined to
extend the target date for completion of this investigation to April
12, 2016.
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
[[Page 8097]]
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 S.A. of Aubange, Belgium (collectively, ``Federal-
Mogul''). 79 FR 52041-42 (Sep. 2, 2014).
On November 21, 2014, the Commission instituted a Section 337
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 337-TA-928
and 337-TA-937. See ALJ Order No. 8 in the investigation 337-TA-928.
The Office of Unfair Import Investigations does not participate as a
party in these consolidated investigations.
The evidentiary hearing on the question of violation of section 337
was held in July of 2015. On October 22, 2015, the ALJ issued his final
ID finding a violation of section 337 with respect to certain claims of
the `798 patent.
On December 21, 2015, the Commission issued a notice (``Commission
Notice'') in which the Commission 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 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.
Commission Notice at 2-3. The Commission determined not to review the
remainder of the final ID.
On January 7, 2016, complainants Valeo moved to terminate the
Remand Investigation with respect to Trico's products with 618 and 596
connectors. In its motion, Valeo states that it has withdrawn its
assertion of infringement of the asserted patents against such
products. On January 11, 2016, the ALJ issued an ID (Order No. 43)
granting Valeo's unopposed motion.
On the same day, the ALJ issued a Remand ID. The ALJ stated that in
view of Order No. 43 granting Complainants' motion to terminate the
Remand Investigation with respect to Trico's products with the 618 and
596 connectors, the Commission's Remand Order dated December 21, 2015,
directing the ALJ to: (1) Make findings regarding whether Trico
products with 618 and 596 connectors infringe the Asserted Patents; and
(2) issue an ID within 30 days of the Remand Order extending the target
date, is moot. Remand ID at 1. No party petitioned for review of any of
the subject IDs, and the Commission has determined not to review them.
The Commission's determination results in a finding of violation as to
the '798 patent. The Commission has determined to extend the target
date for completion of this investigation to April 12, 2016.
In connection with the final disposition of this investigation, the
Commission may (1) issue an order that could result in the exclusion of
the subject articles from entry into the United States, and/or (2)
issue one or more cease and desist orders that could result in the
respondent 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 are likely to do so. For
background, see In the Matter of Certain Devices for Connecting
Computers via Telephone Lines, Inv. No. 337-TA-360, USITC Pub. No. 2843
(Dec. 1994) (Commission Opinion).
If the Commission contemplates some form of remedy, it must
consider the effects of that remedy upon the public interest. The
factors the Commission will consider include the effect that an
exclusion order and/or cease and desist orders 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 President has 60
days to approve or disapprove the Commission's action. 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.
Written Submissions: The parties to the investigation are requested
to file written submissions on the issues under review. The submissions
should be concise and thoroughly referenced to the record in this
investigation. 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
on remedy and bonding issued on October 22, 2015, by the ALJ.
Complainants are also requested to submit proposed remedial orders for
the Commission's consideration. Complainants are further requested to
provide the expiration date of the '798 patent and state the HTSUS
numbers under which the accused articles are imported. The written
submissions and proposed remedial orders must be filed no later than
the close of business on February 24, 2016. Reply submissions must be
filed no later than the close of business on March 2, 2016. No further
submissions on these issues will be permitted unless otherwise ordered
by the Commission.
Persons filing written submissions must file the original document
[[Page 8098]]
electronically on or before the deadlines stated above and submit 8
true paper copies to the Office of the Secretary by noon the next day
pursuant to section 210.4(f) of the Commission's Rules of Practice and
Procedure (19 CFR 210.4(f)). Submissions should refer to the
investigation number (``Inv. No. 337-TA-928/937'') in a prominent place
on the cover page and/or the first page. (See Handbook for Electronic
Filing Procedures, http://www.usitc.gov/secretary/fed_reg_notices/rules/handbook_on_electronic_filing.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. All such requests
should be directed to the Secretary to the Commission and must include
a full statement of the reasons why the Commission should grant such
treatment. See 19 CFR 201.6. 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 non-confidential
written submissions will be available for public inspection at the
Office of the Secretary and on EDIS.
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: February 10, 2016.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2016-03205 Filed 2-16-16; 8:45 am]
BILLING CODE 7020-02-P