Topics:  Kia

[Federal Register Volume 87, Number 15 (Monday, January 24, 2022)]
[Notices]
[Pages 3584-3585]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-01235]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1291]


Certain Replacement Automotive Lamps; Notice of 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 December 15, 2021, under section 
337 of the Tariff Act of 1930, as amended, on behalf of Kia Corporation 
of Korea and Kia America, Inc. of Irvine, California. A supplement to 
the Complaint was filed on January 6, 2022. 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 replacement automotive lamps by reason of 
infringement of U.S. Design Patent No. D592,773 (``the '773 patent''); 
U.S. Design Patent No. D635,701 (``the '701 patent''); U.S. Design 
Patent No. D636,506 (``the '506 patent''); U.S. Design Patent No. 
D650,931 (``the '931 patent''); U.S. Design Patent No. D695,933 (``the 
'933 patent''); U.S. Design Patent No. D705,963 (``the '963 patent''); 
U.S. Design Patent No. D709,218 (``the '218 patent''); U.S. Design 
Patent No. D714,975 (``the '975 patent''); U.S. Design Patent No. 
D714,976 (``the '976 patent''); U.S. Design Patent No. D720,871 (``the 
'871 patent''); U.S. Design Patent No. D749,757 (``the '757 patent''); 
U.S. Design Patent No. D749,762 (``the '762 patent''); U.S. Design 
Patent No. D749,764 (``the '764 patent''); U.S. Design Patent No. 
D774,222 (``the '222 patent''); U.S. Design Patent No. D774,223 (``the 
'223 patent''); U.S. Design Patent No. D776,311 (``the '311 patent''); 
U.S. Design Patent No. D781,471 (``the '471 patent''); U.S. Design 
Patent No. D785,833 (``the '833 patent''); U.S. Design Patent No. 
D785,836 (``the '836 patent''); and U.S. Design Patent No. D792,989 
(``the '989 patent''). The complaint further alleges that an industry 
in the United States exists as required by the applicable Federal 
Statute.
    The complainant requests 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, may be viewed on the Commission's electronic docket 
(EDIS) at https://edis.usitc.gov. For help accessing EDIS, please email 
EDIS3Help@usitc.gov. 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.

FOR FURTHER INFORMATION CONTACT: Jessica Mullan, 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 (2021).
    Scope Of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on January 18, 2022, 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 products 
identified in paragraph (2) by reason of infringement of one or more of 
the claim of the '773 patent; the claim of the '701 patent; the claim 
of the '506 patent; the claim of the '931 patent; the claim of the '933 
patent; the claim of the '963 patent; the claim of the '218 patent; the 
claim of the '975 patent; the claim of the '976 patent; the claim of 
the '871 patent; the claim of the '757 patent; the claim of the '762 
patent; the claim of the'764 patent; the claim of the '222 patent; the 
claim of the '223 patent; the claim of the '311 patent; the claim of 
the '471 patent; the claim of the '833 patent; the claim of the '836 
patent; and the claim of the '989 patent, 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 ``replacement 
automotive headlamps and taillamps for certain Kia-branded 
automobiles'';
    (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:

Kia Corporation, 12, Heolleung-ro, Seocho-gu, Seoul 06797
Republic of Korea, Kia America, Inc., 111 Peters Canyon Rd., Irvine, CA 
92606

    (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:

TYC Brother Industrial Co., Ltd., No. 72-2, Shin-Leh Road, An-Ping 
Industrial District, Tainan, Taiwan 70248
Genera Corporation (dba. TYC Genera), 2800 Saturn Street, Brea, CA 
92821
LKQ Corporation, 500 West Madison Street, Suite 2800, Chicago, IL 60661
Keystone Automotive Industries, Inc., 44 Tunkhannock Avenue, Exeter, PA 
18643


[[Page 3585]]


    (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 participate as 
a party in 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), as amended in 85 FR 15798 
(March 19, 2020), such responses will be considered by the Commission 
if received not later than 20 days after the date of service by the 
complainants 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: January 18, 2022.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2022-01235 Filed 1-21-22; 8:45 am]
BILLING CODE 7020-02-P