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Certain Pick-Up Truck Folding Bed Cover Systems And Components Thereof (III) Institution of Investigation

Publication: Federal Register
Agency: International Trade Commission
Byline: Lisa Barton
Date: 27 February 2023
Subject: American Government 
[Federal Register Volume 88, Number 38 (Monday, February 27, 2023)]
[Notices]
[Pages 12422-12423]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-03904]



[[Page 12422]]

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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1353]


Certain Pick-Up Truck Folding Bed Cover Systems And Components 
Thereof (III) 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 January 19, 2023, under section 
337 of the Tariff Act of 1930, as amended, on behalf of Extang 
Corporation of Ann Arbor, Michigan; Laurmark Enterprises, Inc. of Ann 
Arbor, Michigan; and UnderCover, Inc. of Rogersville, Missouri. 
Supplements were filed on January 23, 2023, and February 9, 2023. 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 
pick-up truck folding bed cover systems and components thereof by 
reason of the infringement of certain claims of U.S. Patent No. 
7,188,888 (``the '888 patent''); U.S. Patent No. 7,484,788 (``the '788 
patent''); U.S. Patent No. 8,061,758 (``the '758 patent''); U.S. Patent 
No. 7,537,264 (``the '264 patent''); U.S. Patent No. 8,182,021 (``the 
'021 patent''); U.S. Patent No. 8,690,224 (``the '224 patent''); and 
U.S. Patent No. 9,815,358 (``the '358 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 general exclusion 
order, or in the alternative 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: Pathenia M. Proctor, The Office of 
Unfair Import Investigations, U.S. International Trade Commission, 
telephone (202) 205-2560.

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 (2022).
    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on February 17, 2023, 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 
claim 11 of the '888 patent; claims 1-3 of the '788 patent; claims 2-4 
of the '758 patent; claims 1, 5-11, 13-15, and 25 of the '264 patent; 
claims 1-35 of the '021 patent; claims 1-10 of the '224 patent; and 
claims 1-3 of the '358 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 ``multi-panel folding 
cover systems that rest either on sides of pick-up truck beds or on 
rails placed on the insides of pick-up trucks beds, including 
components of such systems such as clamps and rails used to attached 
folding bed covers to pick-up truck beds'';
    (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:

Extang Corporation, 5400 S. State Road, Ann Arbor, Michigan 48108
Laurmark Enterprises, Inc., d/b/a BAK Industries, 5400 Data Court, Ann 
Arbor, Michigan 48108
UnderCover, Inc., 59 Absolute Drive, Rogersville, Missouri 65742

    (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:

4 Wheel Parts, 400 W. Artesia Blvd., Compton, CA 90220
American Trucks, 17700 College Blvd., Lenexa, KS 66219
Auto Dynasty, a/k/a Shun Fung Int'l Inc., 803 S. Sentous Ave., Suite C, 
City of Industry, CA 91748
AUTOSTARLAND Technology (US), Inc., 1660 Iowa Ave., Unit 200, 
Riverside, CA 92507
DNA Motoring, 801 Sentous Ave., City of Industry, CA 91748
Fanciest Pickup Accessories, 1660 Iowa Ave., Unit 200, Riverside, CA 
92507
Future Trucks, a/k/a Future Trading Company, LLC, 4510 W 34th Street, 
Houston, TX 77092
Ikon Motorsports, Inc., 15305 Stafford St., City of Industry, CA 91744
Jiaxing Kscar Auto Accessories Co., Ltd., a/k/a KSC Auto, Floor 3, Bldg 
7, 285 Duguang Hwy., Dushangang Town, Pinghu City, Zhejiang, China, 
314207
Kiko Kikito, Room 312 Building 2, Wuyue Plaza, Anyang Street, Ruian 
City, Wenzhou, Zhejiang, 325200, China
Lyon Cover Auto, a/k/a Truck Tonneau Covers, F09-14 Wan Yan Zhong 
Chuang Cheng, 9 Yangyu Road, Pingyang County, Binhai New, District, 
Wenzhou City, Zhejiang Province, 325400, China
Mamoru Cover, a/k/a Ningbo Surpass Auto Parts Co., Ltd., NO.65 
Chongshou Ave., Chongshou Industry Zone, Cixi, Ningbo City, Zhejiang, 
315334 China
MOSTPLUS Auto, Room 2105 WZ2389 Rend Centre, 29-31 Cheung Lee Street, 
Chai Wan, Hong Kong, 32500, China
Newpowa America, Inc., 3633 Inland Empire Blvd., Suite 600, Ontario, CA 
91764
New Home Materials, Inc., 1815 Rustin Avenue, Suite H, Riverside, CA 
92507
OEDRO, 18220 80th Place South, Kent, WA 98032
Pickup Zone, a/k/a Dai Qun Feng, 1660 Iowa Ave., Unit 200, Riverside, 
CA 92507
RDJ Trucks, LLC, 2005 Mountain Creek Church Road, Talmo, GA 30575
Smittybilt, Inc., 400 W. Artesia Blvd., Compton, CA 90220
Trek Power, Inc., 1683 Sierra Madre Circle, Placentia, CA 92870
Wenzhou Tianmao Automobile Parts Co., Ltd., No. 14 Wanyang Zhongchuang, 
No. 9 Yangyu Road, Binhai New Area, Wenzhou, Zhejiang, China, 325410
    (c) The Office of Unfair Import Investigations, U.S. International 
Trade Commission, 500 E Street SW, Suite 401, Washington, DC 20436; and
    (4) For the investigation so instituted, the Chief Administrative 
Law Judge,

[[Page 12423]]

U.S. International Trade Commission, shall designate the presiding 
Administrative Law Judge.
    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: February 21, 2023.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2023-03904 Filed 2-24-23; 8:45 am]
BILLING CODE 7020-02-P




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