Certain Pick-Up Truck Folding Bed Cover Systems and Components Thereof (III); Notice of a Commission Final Determination of Violation of Section 337; Issuance of a General Exclusion Order and Two Cease and Desist Orders; Termination of the Investigation Publication: Federal Register Agency: International Trade Commission Byline: Lisa Barton Date: 25 September 2024 Subject: American Government

[Federal Register Volume 89, Number 186 (Wednesday, September 25, 2024)]
[Notices]
[Pages 78328-78330]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-21905]


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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 a Commission Final Determination of Violation 
of Section 337; Issuance of a General Exclusion Order and Two Cease and 
Desist Orders; Termination of the Investigation

AGENCY: International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has previously determined that there is a violation of 
section 337 of the Tariff Act of 1930, as amended, in the above-
captioned investigation. The Commission has issued a general exclusion 
order (``GEO'') barring entry of certain pick-up truck folding bed 
cover systems and components thereof that infringe certain claims of 
two patents asserted in this investigation, and cease and desist orders 
(``CDOs'') against RDJ Trucks, LLC and Trek Power, Inc. The 
investigation is terminated.

FOR FURTHER INFORMATION CONTACT: Robert Needham, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone (202)

[[Page 78329]]

708-5468. 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 obtained by contacting the Commission's TDD terminal 
on (202) 205-1810.

SUPPLEMENTARY INFORMATION: The Commission instituted this investigation 
on February 27, 2023, based on a complaint, as supplemented and 
amended, filed by Extang Corporation of Ann Arbor, Michigan 
(``Extang''); Laurmark Enterprises, Inc. d/b/a BAK Industries (``BAK'') 
of Ann Arbor, Michigan; and UnderCover, Inc. of Rogersville, Missouri 
(together, ``Complainants''). 88 FR 12422-23 (Feb. 27, 2023). The 
complaint alleged violations of section 337 in 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 infringement of certain 
claims of U.S. Patent Nos. 7,188,888; 7,484,788 (``the '788 patent''); 
8,061,758 (``the '758 patent''); 7,537,264; 8,182,021; 8,690,224; and 
9,815,358. Id. at 12422. The Commission's notice of investigation named 
21 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 (``RDJ''); Smittybilt, 
Inc. of Compton, California; Trek Power, Inc. of Placentia, California 
(``Trek''); and Wenzhou Tianmao Automobile Parts Co., Ltd. of Wenzhou, 
China. Id. The Office of Unfair Import Investigations (``OUII'') is 
participating in this investigation. Id.
    The Commission subsequently granted leave to amend the complaint 
and notice of investigation to change the names of several respondents. 
Order No. 9 (May 4, 2023), unreviewed by Notice, see 88 FR 36615-16 
(Jun. 5, 2023). Specifically, the Commission granted leave to change 
the names of: (1) respondents 4 Wheel Parts and Smittybilt, Inc. to TAP 
Worldwide, LLC d/b/a 4 Wheel Parts; (2) respondent MOSTPLUS Auto to 
Ultimate Motor Parts Limited; (3) respondent OEDRO to Hong Kong 
Yintatech Network Co., Ltd. a/k/a OEDRO; (4) respondent Ikon 
Motorsports, Inc. to Advance Tuning, LLC d/b/a Ikon Motorsports, Inc.; 
(5) respondents AUTOSTARLAND Technology (US), Inc. and Pickup Zone a/k/
a Dai Qun Feng to Autostarland Technology (US), Inc. dba Pickup Zone; 
(6) respondent Mamoru Cover a/k/a Ningbo Surpass Auto Parts Co., Ltd. 
to Ningbo Surpass Auto Parts Co., Ltd.; (7) respondent American Trucks 
to American Trucks Inc. and Turn 5 d/b/a American Trucks; (8) 
respondent Kiko Kikito to Wenzhou Tianmao Automobile Parts Co., Ltd. 
DBA Kikito and Rui'an Yiming Trading Co. Ltd.; and (9) 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.
    The Commission also subsequently terminated certain respondents 
based on settlement and/or the entry of a consent order. Order No. 15 
(Jun. 13, 2023), unreviewed by Notice (Jul. 11, 2023) (terminating TAP 
Worldwide, LLC d/b/a 4 Wheel Parts based on a settlement agreement); 
Order No. 17 (Jul. 11, 2023), unreviewed by Notice (Aug. 9, 2023) 
(terminating Advance Tuning, LLC d/b/a Ikon Motorsport, Inc. based on 
the entry of a consent order); Order No. 18 (Jul. 18, 2023), unreviewed 
by Notice (Aug. 16, 2023) (terminating American Trucks, Inc. and Turn 5 
d/b/a American Trucks based on a settlement agreement); Order Nos. 22, 
23, and 24 (Jul. 31, 2023), unreviewed by Notice (Aug. 28, 2023) 
(terminating Ningbo Surpass Auto Parts Co., Ltd., Newpowa America, 
Inc., and New Home Materials, Inc. based on settlement and entry of a 
consent order); Order Nos. 25 and 26 (Aug. 1, 2023), unreviewed by 
Notice (Aug. 30, 2023) (terminating Autostarland Technology (US), Inc. 
d/b/a Pickup Zone and Fanciest Pickup Accessories based on settlement 
and entry of a consent order); Order No. 27 (Aug. 21, 2023), unreviewed 
by Notice (Sept. 19, 2023) (terminating Auto Dynasty a/k/a Shun Fung 
International Inc. based on settlement and entry of a consent order); 
Order No. 28 (Aug. 24, 2023), unreviewed by Corrected Notice (Sept. 20, 
2023) (terminating DNA Motoring based on settlement and entry of a 
consent order); Order Nos. 29 and 30 (Aug. 25, 2023), unreviewed by 
Notice (Sept. 21, 2023) (terminating Wenzhou Tianmao Automobile Parts 
Co., Ltd., Wenzhou Tianmao Automobile Parts Co., Ltd. DBA Kikito, 
Rui'an Yiming Trading Co. Ltd., Wenzhou Tianmao Automobile Parts Co., 
Ltd. DBA Lyon Cover, Wenzhou Chaoming Auto Parts Co., Ltd., Jiaxing 
Kscar Auto Accessories Co. Ltd. a/k/a KSC Auto, Future Trucks a/k/a 
Future Trading Co., LLC, Ultimate Motor Parts Limited, and Hong Kong 
Yintatech Network Co., Ltd. based on settlement and entry of a consent 
order).
    On August 22, 2023, the Commission found RDJ and Trek in default. 
Order No. 19 (Jul. 21, 2023), unreviewed by Notice (Aug. 22, 2023). On 
October 6, 2023, Extang and BAK (``Movants'') filed a motion for a 
summary determination of violation with respect to claims 2-4 of the 
'758 patent and claims 1-3 of the '788 patent, and requested the entry 
of a GEO, the entry of CDOs against RDJ and Trek, and the imposition of 
a bond rate of 100 percent of the entered value of infringing articles 
imported during the period of Presidential review. On October 27, 2023, 
OUII filed a response in support of the motion and the requested 
remedial relief.
    On April 23, 2024, the ALJ issued an initial determination (Order 
No. 33) (``ID'') granting the Movants' motion for summary determination 
of violation and included a recommended determination on remedy and 
bond (``RD'') recommending issuance of a GEO, the issuance of CDOs 
against RDJ and Trek, and the imposition of a bond in the amount of 100 
percent of the entered value of infringing products during the period 
of Presidential review. Specifically, the ID finds that: (1) the 
importation requirement is satisfied; (2) all of the remaining asserted 
claims are infringed by RDJ's and Trek's products; and (3) Movants have 
satisfied the domestic industry requirement with respect to the '758 
and '788 patents. In support of its recommendation for issuance of a 
GEO, the RD finds that: (1) a GEO is necessary in this investigation to 
prevent circumvention of a limited exclusion order and (2) the record 
shows a pattern of violation of section 337 through importation of 
articles that infringe the '758 and '788 patents, and

[[Page 78330]]

the source of those infringing articles is difficult to identify. No 
party petitioned for review of the ID.
    On June 7, 2024, the Commission determined not to review the ID and 
sought briefing on remedy, the public interest, and bonding. 89 FR 
50370-72 (Jun. 13, 2024). On June 21, 2024, the Commission received 
initial responses from the Movants and OUII. On June 24, 2024, the 
Commission received a response from non-party Rough Country LLC. On 
June 28, 2024, the Commission received reply responses from OUII.
    Having reviewed the written submissions and the evidentiary record, 
the Commission has determined that the appropriate remedy in this 
investigation is a GEO prohibiting the unlicensed importation of 
certain pick-up truck folding bed cover systems and components thereof 
that infringe claims 2-4 of the '758 patent and claims 1-3 of the '788 
patent and CDOs against RDJ and Trek with respect to those claims. The 
Commission has further determined that the public interest factors 
enumerated in section 337(d), (f), and (g) (19 U.S.C. 1337(d), (f), and 
(g)) do not preclude issuance of the GEO or CDOs. Finally, the 
Commission has determined to impose a bond in the amount of one hundred 
(100) percent of the entered value of the infringing articles that are 
imported during the period of Presidential review (19 U.S.C. 1337(j)). 
The investigation is hereby terminated in its entirety.
    The Commission's order and opinion were delivered to the President 
and to the United States Trade Representative on the day of their 
issuance. The Commission has also notified the Secretary of the 
Treasury and Customs and Border Protection of the order.
    The Commission vote for these determinations took place on 
September 19, 2024.
    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: September 19, 2024.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2024-21905 Filed 9-24-24; 8:45 am]
BILLING CODE 7020-02-P