Certain Replacement Automotive Service and Collission Parts and Components Thereof; Commission Determination Not To Review an Initial Determination Terminating Respondent Direct Technologies International, Inc. Based on Consent Order; Issuance of Consent Order; Finding Declaration for Immediate Relief Is Moot; Request for Written Submissions on Remedy, the Public Interest, and Bonding |
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Topics: Hyundai
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Lisa Barton
International Trade Commission
1 April 2020
[Federal Register Volume 85, Number 63 (Wednesday, April 1, 2020)]
[Notices]
[Pages 18274-18275]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-06713]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1160]
Certain Replacement Automotive Service and Collission Parts and
Components Thereof; Commission Determination Not To Review an Initial
Determination Terminating Respondent Direct Technologies International,
Inc. Based on Consent Order; Issuance of Consent Order; Finding
Declaration for Immediate Relief Is Moot; Request for Written
Submissions on Remedy, the Public Interest, and Bonding
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
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SUMMARY: Notice is hereby given that the U.S. International Trade
Commission (the ``Commission'') has determined not to review an initial
determination (``ID'') (Order No. 36) terminating Direct Technologies
International, Inc. on the basis of consent order. The Commission has
determined to issue a consent order. The Commission has further
determined to find that the complainants' declaration seeking immediate
relief against certain respondents previously found to be in default is
moot. The Commission also requests written submissions from the
complainants, interested government agencies, and interested persons on
the issues of remedy, the public interest, and bonding concerning
certain respondents found in default.
FOR FURTHER INFORMATION CONTACT: Benjamin S. Richards, Office of the
General Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202) 708-5453. 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 (https://www.usitc.gov). The public record for this investigation may be viewed
on the Commission's Electronic Docket Information System (``EDIS'')
(https://edis.usitc.gov). Hearing-impaired persons are advised that
information on this matter can be obtained by contacting the
Commission's TDD terminal, telephone (202) 205-1810.
SUPPLEMENTARY INFORMATION: On June 7, 2019, the Commission instituted
the above-referenced investigation based on a complaint filed by
Hyundai Motor America, Inc. of Fountain Valley, California and Hyundai
Motor Company of Seoul, Republic of Korea (collectively, ``Hyundai'').
84 FR 26703-04 (June 7, 2019). The complaint alleges a violation of 19
U.S.C. 1337, as amended (``Section 337''), in the importation, sale for
importation, or sale in the United States after importation of certain
gray market Hyundai parts in the categories of 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 that
infringe one or more of Hyundai's U.S. Trademark Registration Nos.
1,104,727; 3,991,863; 1,569,538; and 4,065,195. Id. at 26704. The
complaint further alleges that a domestic industry exists in the United
States. Id.
The Commission's notice of investigation named Direct Technologies
International, Inc. (``DTI'') of North Miami Beach, Florida; AJ Auto
Spare Parts FZE (``AJ Auto'') and John Auto Spare Parts Co. LLC (``John
Auto''), both of Dubai, United Arab Emirates; and Cuong Anh Co. Ltd.
(``Cuong Anh'') of Ninh Binh Province, Vietnam as respondents. The
Office of Unfair Import Investigations was not named as a party to this
investigation.
On November 25, 2019, the Commission determined not to review an
initial determination (Order No. 17) granting Hyundai's unopposed
motion to find respondents AJ Auto, John Auto, and Cuong Anh
(collectively, the ``Defaulting Respondents'') in default. Order No. 17
(Nov. 5, 2019), not rev'd, Comm'n Notice (Nov. 25, 2019).
On January 24, 2020, Hyundai filed a declaration seeking immediate
entry of a limited exclusion order against the Defaulting Respondents
and any of their affiliated companies, parents, subsidiaries, and
related business entities, successors or assigns.
On March 5, 2020, the presiding administrative law judge (``ALJ'')
issued an initial determination (Order No. 36) granting a joint motion
by Hyundai and DTI to terminate the investigation as to DTI on the
basis of a consent order. The ALJ found that the consent order
stipulation and proposed consent order complied with Commission Rule
210.21(c)(3) and (4) (19 CFR 210.21(c)(3) and (4)). The ALJ also found
that
[[Page 18275]]
termination of this investigation does not impose any undue burdens on
the public health and welfare, competitive conditions in the United
States economy, production of like or directly competitive articles in
the United States, or United States consumers. No petitions for review
of the ID were received.
The Commission has determined not to review the subject ID and has
determined to issue a consent order. The Commission has further
determined that Hyundai's declaration is now moot given the termination
of DTI, the final remaining respondent in this investigation. Finally,
the Commission has determined to request briefing on the issues of
remedy, bonding, and the public interest.
Section 337(g)(1) (19 U.S.C. 1337(g)(1)) and Commission Rule
210.16(c) (19 CFR 210.16(c)) authorize the Commission, upon request, to
issue a limited exclusion order or a cease and desist order or both
against a respondent found in default, unless after consideration of
the public interest factors in Section 337(g)(1), it finds that such
relief should not issue. Accordingly, in connection with the final
disposition of this investigation, the Commission is interested in
receiving written submissions that address the form of remedy, if any,
that should be ordered with respect to the Defaulting Respondents,
identified above. 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 likely to do so. For background, see Certain Devices
for Connecting Computers via Telephone Lines, Inv. No. 337-TA-360,
USITC Pub. No. 2843, Comm'n Op. at 7-10 (December 1994).
The statute requires the Commission to consider the effects of that
remedy upon the public interest. The public interest 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 U.S. Trade
Representative, as delegated by the President, has 60 days to approve,
disapprove, or take no action on the Commission's action. See
Presidential Memorandum of July 21, 2005, 70 FR 43251 (July 26, 2005).
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 if a remedy is ordered.
Written Submissions: Complainants, interested government agencies,
and any other interested persons are encouraged to file written
submissions on the issues of remedy, the public interest, and bonding.
In their initial submission, complainants are requested to identify
the form of the remedy sought and to submit proposed remedial orders
for the Commission's consideration. Complainants are also requested to
state the date that the asserted patents expire, the HTSUS subheadings
under which the products at issue are imported, and to supply the
identification information for all known importers of the products at
issue in this investigation. Initial written submissions regarding
remedy, bonding, and the public interest and proposed remedial orders
must be filed no later than close of business on April 9, 2020. Reply
submissions must be filed no later than the close of business on April
16, 2020. No further submissions on these issues will be permitted
unless otherwise ordered by the Commission.
Persons filing written submissions must file the original document
electronically on or before the deadlines stated above. The
Commission's paper filing requirements are currently waived.
Submissions should refer to the investigation number (``Inv. No. 337-
TA-1160'') in a prominent place on the cover page and/or the first
page. (See Handbook on Filing Procedures, https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf). Persons with questions
regarding filing should contact the Secretary at (202) 205-2000.
Any person desiring to submit a document to the Commission in
confidence must request confidential treatment unless the information
has already been granted such treatment during the proceedings. All
such requests should be directed to the Secretary of the Commission and
must include a full statement of the reasons why the Commission should
grant such treatment. See 19 CFR 210.6. Documents for which
confidential treatment by the Commission is sought will be treated
accordingly. A redacted non-confidential version of the document must
also be filed simultaneously with any confidential filing. All
information, including confidential business information and documents
for which confidential treatment is properly sought, submitted to the
Commission for purposes of this Investigation may be disclosed to and
used: (i) By the Commission, its employees and Offices, and contract
personnel (a) for developing or maintaining the records of this or a
related proceeding, or (b) in internal investigations, audits, reviews,
and evaluations relating to the programs, personnel, and operations of
the Commission including under 5 U.S.C. Appendix 3; or (ii) by U.S.
government employees and contract personnel \1\ solely for
cybersecurity purposes. All non-confidential written submissions will
be available for public inspection at the Office of the Secretary and
on EDIS.
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\1\ All contract personnel will sign appropriate nondisclosure
agreements.
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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: March 26, 2020.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2020-06713 Filed 3-31-20; 8:45 am]
BILLING CODE 7020-02-P