Certain Replacement Automotive Service and Collision Parts and Components Thereof; Institution of Investigation

Lisa Barton
International Trade Commission
7 June 2019

[Federal Register Volume 84, Number 110 (Friday, June 7, 2019)]
[Notices]
[Pages 26703-26704]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-11927]


=======================================================================
-----------------------------------------------------------------------

INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1160]


Certain Replacement Automotive Service and Collision Parts and 
Components Thereof; Institution of Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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

SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on May 3, 2019, under section 337 
of the Tariff Act of 1930, as amended, on behalf of Hyundai Motor 
America, Inc. of Fountain Valley, California and Hyundai Motor Company 
of the Republic of Korea. Supplements to the complaint were filed on 
May 22, 2019, and May 23, 2019. 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 replacement automotive service and 
collision parts and components thereof by reason of infringement of one 
or more of U.S. Trademark Registration Nos. 1,104,727; 3,991,863; 
1,569,538; and 4,065,195. The complaint further alleges that an 
industry in the United States exists 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 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.

[[Page 26704]]

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 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: Katherine Hiner, 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 (2019).
    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on May 31, 2019, 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)(C) 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 products 
identified in paragraph (2) by reason of infringement of one or more of 
U.S. Trademark Registration Nos. 1,104,727; 3,991,863; 1,569,538; and 
4,065,195; and whether an industry in the United States exists as 
required by subsection (a)(2) of section 337;
    (2) Pursuant to section 210.10(b)(1) of the Commission's Rules of 
Practice and Procedure, 19 CFR 210.10(b)(1), the plain language 
description of the accused products or category of accused products, 
which defines the scope of the investigation, is ``Gray Market Hyundai 
Parts in the following sub-categories: Belts, body exterior and 
interior parts, brakes, wheel hubs, cooling system parts, drivetrain 
parts, electrical parts, emission parts, engine parts, exhaust parts, 
fuel/air pumps, oil/air/cabin air filters and parts, heat and A/C 
parts, ignition parts, steering parts, suspension parts, transmission 
parts, wheels and parts, wiper and washer parts, and accessories.''
    (3) 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:

Hyundai Motor America, Inc., 10550 Talbert Avenue, Fountain Valley, CA 
92708
Hyundai Motor Company, 231 YangJae-Dong, Seocho-gu Seoul 137-938, 
Republic of Korea

    (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:

Direct Technologies International, Inc., d/b/a DTI, Inc., 1800 NE 171st 
Street, North Miami Beach, FL 33162
AJ Auto Spare Parts FZE, Office/Warehouse No. RA08TC06, Jebel Ali Free 
Zone, Dubai, United Arab Emirates
John Auto Spare Parts Co. LLC, Building 15--Jafza 15, Dubai, United 
Arab Emirates
Cuong Anh Co. Ltd., Lot 5, Gian Khau Industrial Parks, GiaTran Village, 
Gia Vien District, Ninh Binh Province, Vietnam

    (4) 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 be named as a 
party to 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(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: June 3, 2019.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2019-11927 Filed 6-6-19; 8:45 am]
BILLING CODE 7020-02-P