Certain Motorized Vehicles and Components Thereof; Commission Final Determination Finding a Violation of Section 337; Issuance of a Limited Exclusion Order and a Cease and Desist Order; Termination of the Investigation

Lisa Barton
International Trade Commission
17 June 2020

[Federal Register Volume 85, Number 117 (Wednesday, June 17, 2020)]
[Notices]
[Pages 36613-36614]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-12996]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1132]


Certain Motorized Vehicles and Components Thereof; Commission 
Final Determination Finding a Violation of Section 337; Issuance of a 
Limited Exclusion Order and a Cease and Desist Order; Termination 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 found a violation of section 337 of the Tariff Act of 
1930 (``section 337''), as amended, in this investigation. The 
Commission has issued a limited exclusion order (``LEO'') prohibiting 
the importation by respondents Mahindra & Mahindra Ltd. (``M&M'') of 
Mumbai, India and Mahindra Automotive North America, Inc. (``MANA'') of 
Auburn Hills, Michigan (collectively, ``Respondents'') of certain 
motorized vehicles and components thereof that infringe complainant's 
asserted trade dress. The Commission has also issued cease and desist 
orders (``CDOs'') directed to respondents M&M and MANA. The 
investigation is terminated.

FOR FURTHER INFORMATION CONTACT: Houda Morad, Office of the General 
Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone (202) 708-4716. 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 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. 
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 this investigation 
on September 13, 2018, based on a complaint, as amended, filed by FCA 
US LLC of Auburn Hills, Michigan (``Complainant''). See 83 FR 46517 
(Sept. 13, 2018). 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 
motorized vehicles and components thereof by reason of: (1) 
Infringement of U.S. Trademark Registration Nos. 4,272,873; 2,862,487; 
2,161,779; 2,794,553; and 4,043,984 (collectively, ``the registered 
trademarks''); (2) trademark dilution and unfair competition in 
violating the complainant's common law trademark rights; and (3) trade 
dress infringement. See id. The notice of investigation names M&M and 
MANA as respondents in this investigation. See id. The Office of Unfair 
Import Investigations is also a party to this investigation. See id.
    On November 8, 2019, the ALJ issued the FID finding a violation of 
section 337. Specifically, the FID finds that Respondents' Roxor 
vehicle infringes Complainant's Jeep trade dress but not its registered 
trademarks. The FID also finds that the domestic industry requirement 
is satisfied with respect to both claims. The RD recommends that the 
Commission issue an LEO barring entry of Respondents' articles that 
infringe the asserted trade dress and CDOs against Respondents. In 
addition, the RD recommends that the Commission set a bond during the 
period of Presidential review at ten (10) percent on unassembled Roxor 
components or one (1) percent on the finished Roxor vehicle.
    On December 9, 2019, the private parties also filed statements on 
the public interest pursuant to Commission Rule 210.50. On December 6, 
2019, members of the public, including Prime Mold, AdventureVet, Milton 
Manufacturing, and Midwest Manufacturing LLC, also filed written 
submissions in response to the Federal Register notice requesting 
public interest comments. See 84 FR 63890 (Nov. 19, 2019).
    On January 22, 2020, the Commission issued a notice determining to 
review the FID in part. See 85 FR 5035 (Jan. 22, 2020). The 
Commission's notice also requested written submissions on remedy, the 
public interest, and

[[Page 36614]]

bonding. On February 7, 2020, the parties, including OUII, filed 
written submissions in response to the notice, and on February 14, 
2020, the parties filed responses thereto.
    Having examined the record of this investigation, including the 
FID, the RD, and the parties' and non-parties' submissions, the 
Commission has determined to affirm with modification the FID's 
determination of a violation of section 337. Specifically, as explained 
in the Commission Opinion filed concurrently herewith, the Commission 
has determined to affirm with modification the FID's findings with 
respect to the issues under review, i.e.: (1) Validity, infringement, 
and importation in connection with Complainant's trade dress 
infringement claim; and (2) non-infringement and domestic industry with 
respect to Complainant's claim of infringement of its registered 
trademarks. All findings in the FID that are not inconsistent with the 
Commission's determination are affirmed.
    Accordingly, the Commission finds that there is a violation of 
section 337 with respect to Complainant's trade dress infringement 
claim. The Commission has determined that the appropriate remedy is an 
LEO against Respondents' infringing products, and CDOs against 
respondents M&M and MANA. The Commission has also determined that the 
public interest factors enumerated in subsections 337(d)(1) and (f)(1) 
(19 U.S.C. 1337(d)(1), (f)(1)) do not preclude the issuance of the LEO 
and CDOs. The Commission has further determined to set a bond during 
the period of Presidential review at ten (10) percent on unassembled 
Roxor components or one hundred (100) percent on the finished Roxor 
vehicle (19 U.S.C. 1337(j)).
    The Commission's orders and opinion were delivered to the President 
and to the United States Trade Representative on the day of their 
issuance.
    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: June 11, 2020.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2020-12996 Filed 6-16-20; 8:45 am]
BILLING CODE 7020-02-P