Certain Road Construction Machines and Components Thereof; Institution of Investigation

Topics:  Caterpillar

Katherine M. Hiner
International Trade Commission
29 November 2017

[Federal Register Volume 82, Number 228 (Wednesday, November 29, 2017)]
[Notices]
[Pages 56625-56626]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-25728]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1088]


Certain Road Construction Machines and Components Thereof; 
Institution of Investigation

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. International Trade Commission on October 26, 2017, under section 
337 of the Tariff Act of 1930, as amended, on behalf of Caterpillar 
Inc. of Peoria, Illinois and Caterpillar Paving Products, Inc. of 
Minneapolis, Minnesota. A supplement was filed on November 9, 2017. The 
complaint, as supplemented, 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 road 
construction machines and components thereof by reason of infringement 
of one or more of U.S. Patent No. 7,140,693 (``the '693 patent''); U.S. 
Patent No. 9,045,871 (``the '871 patent''); and U.S. Patent No. 
7,641,419 (``the '419 patent''). The complaint further alleges that an 
industry in the United States exists, or is in the process of being 
established, as required by the applicable Federal Statute.
    The complainants request that the Commission institute an 
investigation and, after the investigation, issue a limited exclusion 
order and a cease and desist order.

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

[[Page 56626]]

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 https://www.usitc.gov. The public record for 
this investigation may be viewed on the Commission's electronic docket 
(EDIS) at https://edis.usitc.gov.

FOR FURTHER INFORMATION CONTACT: The Office of the Secretary, Docket 
Services Division, U.S. International Trade Commission, telephone (202) 
205-1802.

SUPPLEMENTARY INFORMATION: 
    Authority: The authority for institution of this investigation is 
contained in section 337 of the Tariff Act of 1930, as amended, 19 
U.S.C. 1337 and in section 210.10 of the Commission's Rules of Practice 
and Procedure, 19 CFR 210.10 (2017).
    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on November 22, 2017, 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 road 
construction machines and components thereof by reason of infringement 
of one or more of claims 1, 15-19, 24-28, 36 and 38 of the '693 patent; 
claims 1-5, 8, 9, 12-17 of the '871 patent; and claims 1-3, 7, and 8 of 
the '419 patent; and whether an industry in the United States exists, 
or is in the process of being established, 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 complainants are:

Caterpillar Inc., 100 NE Adams St., Peoria, IL 61629
Caterpillar Paving Products, Inc., 9401 85th Avenue North, Minneapolis, 
MN 55445

    (b) The respondent is the following entity alleged to be in 
violation of section 337, and is the party upon which the complaint is 
to be served:

Wirtgen GmbH, Reinhard-Wirtgen-Str. 2, 53578 Windhagen, Germany
Joseph V[ouml]gele AG, Joseph-Vogele-Str. 1, 67075 Ludwigshafen, 
Germany
Wirtgen Group Holding GmbH, Reinhard-Wirtgen-Str.2, 53578 Windhagen, 
Germany
Wirtgen America, Inc., 6030 Dana Way, Antioch, TN 37013

    (3) For the investigation so instituted, the Chief Administrative 
Law Judge, U.S. International Trade Commission, shall designate the 
presiding Administrative Law Judge.
    The Office of Unfair Import Investigations will not participate as 
a party in the 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(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 22, 2017.
Katherine M. Hiner,
Supervisory Attorney.
[FR Doc. 2017-25728 Filed 11-28-17; 8:45 am]
 BILLING CODE 7020-02-P