Certain Pick-Up Truck Folding Bed Cover Systems and Components Thereof (III); Notice of Commission Determination Not To Review an Initial Determination Granting Complainants' Motion for Leave To Amend the Complaint and Notice of Investigation Publication: Federal Register Agency: International Trade Commission Byline: Lisa Barton Date: 5 June 2023 Subject: American Government

[Federal Register Volume 88, Number 107 (Monday, June 5, 2023)]
[Notices]
[Pages 36615-36616]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-11860]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1353]


Certain Pick-Up Truck Folding Bed Cover Systems and Components 
Thereof (III); Notice of Commission Determination Not To Review an 
Initial Determination Granting Complainants' Motion for Leave To Amend 
the Complaint and Notice of 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 determined not to review an initial determination 
(``ID'') (Order No. 9) of the presiding administrative law judge 
(``ALJ'') granting the complainants' motion for leave to amend the 
complaint and notice of investigation to change the names of several 
respondents in the above-captioned investigation.

FOR FURTHER INFORMATION CONTACT: Robert Needham, Office of the General 
Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone (202) 205-2392. Copies of non-
confidential documents filed in connection with this investigation may 
be viewed on the Commission's electronic docket (EDIS) at https://edis.usitc.gov. For help accessing EDIS, please email 
EDIS3Help@usitc.gov. General information concerning the Commission may 
also be obtained by accessing its internet server at https://www.usitc.gov. Hearing-impaired persons are advised that information on 
this matter can be

[[Page 36616]]

obtained by contacting the Commission's TDD terminal on (202) 205-1810.

SUPPLEMENTARY INFORMATION: On February 27, 2023, the Commission 
instituted this investigation based on a complaint, as supplemented, 
filed on behalf of Extang Corporation of Ann Arbor, Michigan and 
UnderCover Inc. of Rogersville, Missouri (together, ``Complainants''). 
88 FR 12422 (Feb. 27, 2023). The complaint alleged violations of 
section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, 
based upon the importation into the United States, the sale for 
importation, and the sale within the United States after importation of 
certain pick-up truck folding bed cover systems and components thereof 
that infringe certain claims of U.S. Patent Nos. 7,188,888; 7,484,788; 
8,061,758; 7,537,264; 8,182,021; 8,690,224; and 9,815,358. Id. The 
complaint also alleged that a domestic industry exists. Id. The 
Commission's notice of investigation names as respondents: 4 Wheel 
Parts of Compton, California; American Trucks of Lenexa, Kansas; Auto 
Dynasty a/k/a Shun Fung Int'l Inc. of City of Industry, California; 
AUTOSTARLAND Technology (US) Inc. of Riverside, California; DNA 
Motoring of City of Industry, California; Fanciest Pickup Accessories 
of Riverside, California; Future Trucks a/k/a Future Trading Company, 
LLC of Houston, Texas; Ikon Motorsports Inc. of City of Industry, 
California; Jiaxing Kscar Auto Accessories Co., Ltd. a/k/a KSC Auto of 
Pinghu City, China; Kiko Kikito of Ruian City, China; Lyon Cover Auto 
a/k/a Truck Tonneau Covers of Wenzhou City, China; Mamoru Cover, a/k/a 
Ningbo Surpass Auto Parts Co., Ltd. of Ningbo City, China; MOSTPLUS 
Auto, of Hong Kong, China; Newpowa America, Inc. of Ontario, 
California; New Home Materials, Inc. of Riverside, California; OEDRO of 
Kent, Washington; Pickup Zone, a/k/a Dai Qun Feng of Riverside, 
California; RDJ Trucks, LLC of Talmo, Georgia; Smittybilt, Inc. of 
Compton, California; Trek Power, Inc. of Placentia, California; and 
Wenzhou Tianmao Automobile Parts Co., Ltd. of Wenzhou City, China. Id. 
The Office of Unfair Import Investigations (``OUII'') is participating 
in this investigation. Id.
    On April 21, 2023, Complainants filed an unopposed motion to amend 
the complaint and notice of investigation to change the names of 
several respondents based on information obtained after the filing of 
the complaint. Specifically, Complainants sought to: (1) change the 
names of current respondents 4 Wheel Parts and Smittybilt, Inc. to TAP 
Worldwide, LLC d/b/a 4 Wheel Parts; (2) change the name of current 
respondent MOSTPLUS Auto to Ultimate Motor Parts Limited; (3) change 
the name of current respondent OEDRO to Hong Kong Yintatech Network 
Co., Ltd. a/k/a OEDRO; (4) change the name of current respondent Ikon 
Motorsports, Inc. to Advance Tuning, LLC d/b/a Ikon Motorsports, Inc.; 
(5) change the names of current respondents AUTOSTARLAND Technology 
(US), Inc. and Pickup Zone a/k/a Dai Qun Feng to Autostarland 
Technology (US), Inc. dba Pickup Zone; (6) change the name of current 
respondent Mamoru Cover a/k/a Ningbo Surpass Auto Parts Co., Ltd. to 
Ningbo Surpass Auto Parts Co., Ltd.; (7) change the name of current 
respondent American Trucks to American Trucks Inc. and Turn 5 d/b/a 
American Trucks; (8) change the name of current respondent Kiko Kikito 
to Wenzhou Tianmao Automobile Parts Co., Ltd. DBA Kikito and Rui'an 
Yiming Trading Co. Ltd.; and (9) change the name of current respondent 
Lyon Cover Auto a/k/a Truck Tonneau Covers to Wenzhou Tianmao 
Automobile Parts Co., Ltd. DBA Lyon Cover and Wenzhou Chaoming Auto 
Parts Co., Ltd. On May 1, 2023, OUII filed a response in support of the 
motion.
    On May 4, 2023, pursuant to Commission Rules 210.14(b)(1) and 
210.21(a)(1) (19 CFR 210.14(b)(1) and 210.21(a)(1)), the ALJ issued the 
subject ID granting leave to amend the complaint and notice of 
investigation to make the above changes. No party petitioned for review 
of the subject ID.
    The Commission has determined not to review the subject ID.
    The Commission vote for this determination took place on May 30, 
2021.
    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: May 31, 2023.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2023-11860 Filed 6-2-23; 8:45 am]
BILLING CODE 7020-02-P