80 FR 80797 - Certain Windshield Wipers and Components Thereof; Commission Determination To Review in Part and, on Review, To Reverse in Part and To Vacate in Part a Final Initial Determination Finding a Violation of Section 337, and To Remand the Investigation in Part to the Administrative Law Judge

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 80, Issue 248 (December 28, 2015)

Page Range		80797-80798
FR Document		2015-32533

Notice is hereby given that the U.S. International Trade Commission (``the Commission'') has determined to review in part and, on review, to reverse in part and to vacate in part the final initial determination (``ID'') issued by the presiding administrative law judge (``ALJ'') on October 22, 2015. The Commission has also determined to remand the investigation in part to the ALJ.

Federal Register, Volume 80 Issue 248 (Monday, December 28, 2015)

[Federal Register Volume 80, Number 248 (Monday, December 28, 2015)]
[Notices]
[Pages 80797-80798]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2015-32533]

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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-928 Investigation No. 337-TA-937
(Consolidated)]

Certain Windshield Wipers and Components Thereof; Commission
Determination To Review in Part and, on Review, To Reverse in Part and
To Vacate in Part a Final Initial Determination Finding a Violation of
Section 337, and To Remand the Investigation in Part to the
Administrative Law Judge

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the U.S. International Trade
Commission (``the Commission'') has determined to review in part and,
on review, to reverse in part and to vacate in part the final initial
determination (``ID'') issued by the presiding administrative law judge
(``ALJ'') on October 22, 2015. The Commission has also determined to
remand the investigation in part to the ALJ.

FOR FURTHER INFORMATION CONTACT: Michael Liberman, Esq., Office of the
General Counsel, U.S. International Trade Commission, 500 E Street SW.,
Washington, DC 20436, telephone (202) 205-3115. 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 http://www.usitc.gov. The public record for this investigation may be viewed
on the Commission's electronic docket (EDIS) at http://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 Investigation No.
337-TA-928, Certain Windshield Wipers and Components Thereof, under
section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337
(``section 337''), on September 2, 2014, based on a complaint filed by
Valeo North America, Inc. of Troy, MI, and Delmex de Juarez S. de R.L.
de C.V. of Mexico (collectively, ``Valeo''). The complaint alleges a
violation of section 337 by reason of infringement of certain claims of
U.S. Patent Nos. 7,891,044 (``the `044 patent''); 7,937,798 (``the `798
patent''); and 8,220,106 by Federal-Mogul Corp. of Southfield,
Michigan, Federal-Mogul Vehicle Component Solutions, Inc. of
Southfield, Michigan, and Federal-Mogul of Aubange, Belgium
(collectively, ``Federal-Mogul''). 79 FR 52041-42 (Sep. 2, 2014).
On November 21, 2014, the Commission instituted Investigation No.
337-TA-937, Certain Windshield Wipers and Components Thereof, based on
a complaint filed by Valeo. The complaint alleges a violation of
section 337 by reason of infringement of certain claims of the `044
patent and the `798 patent by Trico Products Corporation of Rochester
Hills, Michigan, Trico Products of Brownsville, Texas, and Trico
Componentes SA de CV of Tamaulipas, Mexico (collectively, ``Trico'').
79 FR 69525-26 (Nov. 21, 2014).
On December 9, 2014, the ALJ consolidated investigations Nos. 337-
TA-928 and 337-TA-937. See ALJ Order No. 8 in Inv. No. 337-TA-928. The
Office of Unfair Import Investigations is not a party in these
consolidated investigations.
On May 19, 2015, Valeo and Federal-Mogul reached a settlement
agreement and filed a joint motion to terminate the Federal-Mogul
Respondents from the consolidated investigations, which was granted on
June 5, 2015. See ALJ Order No. 24, Inv. No. 337-TA-928 (June 5, 2015)
(not reviewed June 29, 2015). The Trico respondents remained in the
consolidated investigations.
The evidentiary hearing on the question of violation of section 337
was held in July of 2015. The final ID on violation was issued on
October 22, 2015. The ALJ issued his recommended determination on
remedy, the public interest and bonding on the same day. The ALJ found
that a violation of section 337 has occurred in the importation into
the United States, the sale for importation, or the sale within the
United States after importation of certain windshield wipers and
components thereof by reason of infringement of certain claims of the
`798 patent. The ALJ recommended that the Commission issue a limited
exclusion order directed to Trico's accused products that infringe the
`798 patent. The ALJ did not recommend that the Commission issue a
cease and desist order in this investigation. Both parties to this
investigation filed timely petitions for review of various portions of
the final ID, as well as timely responses to the petitions.
Having examined the record in this investigation, including the
ALJ's final ID, the petitions for review, and the responses thereto,
the Commission has determined to review the ID in part and, on review,
to take certain actions. In particular, the Commission has determined
as follows:
(1) To review the ALJ's determination in Order No. 36 (Jul. 16,
2015) precluding arguments and evidence relating to Trico's 618 and 596
connectors on the basis that they are obsolete and are irrelevant to
the present investigation, see ALJ Order No. 36 at 1, and on review, to
reverse this determination and to remand the investigation to the ALJ
with respect to this issue, to make findings regarding whether Trico
products with 618 and

[[Page 80798]]

596 connectors infringe either asserted patent and to make any
necessary related findings, as set forth in the accompanying Remand
Order.
(2) To review the ALJ's finding that Valeo's indirect infringement
claims are moot and, on review, to vacate it. The Commission finds it
unnecessary to reach the issue of whether Trico induced infringement of
the `798 patent with respect to the accused products considered by the
ALJ because the Commission has determined not to review the ALJ's
finding that Trico directly infringes the `798 patent.
(3) To review the ALJ's finding that Valeo established
quantitatively and qualitatively significant investment in plant and
equipment and thus satisfies economic prong of the domestic industry
requirement under subsection (A) of section 337(a)(3) and, on review,
to take no position with respect to this finding.
(4) To review the final ID with respect to footnote 7 on page 17
and, on review, to modify the subject footnote by striking its second
sentence.
The Commission has determined not to review the remainder of the
final ID. The Commission does not seek further briefing at this time.
In light of the remand, the ALJ shall set a new target date within
thirty days of the date of this notice consistent with the Remand
Order. The current target date for this investigation is February 23,
2016.
Any briefing on reviewed and remanded issues, and on remedy,
bonding, and the public interest will follow Commission consideration
of the remand ID.
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: December 21, 2015.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2015-32533 Filed 12-24-15; 8:45 am]
BILLING CODE 7020-02-P

Federal Register / Vol. 80, No. 248 / Monday, December 28, 2015 / Notices 80797

Persons filing written submissions ACTION: Notice. Rochester Hills, Michigan, Trico
must file the original document Products of Brownsville, Texas, and
electronically on or before the deadlines SUMMARY: Notice is hereby given that Trico Componentes SA de CV of
stated above and submit 8 true paper the U.S. International Trade Tamaulipas, Mexico (collectively,
copies to the Office of the Secretary by Commission (‘‘the Commission’’) has ‘‘Trico’’). 79 FR 69525–26 (Nov. 21,
noon the next day pursuant to section determined to review in part and, on 2014).
210.4(f) of the Commission’s Rules of review, to reverse in part and to vacate On December 9, 2014, the ALJ
Practice and Procedure (19 CFR in part the final initial determination consolidated investigations Nos. 337–
210.4(f)). Submissions should refer to (‘‘ID’’) issued by the presiding TA–928 and 337–TA–937. See ALJ
the docket number (‘‘Docket No. 3107’’) administrative law judge (‘‘ALJ’’) on Order No. 8 in Inv. No. 337–TA–928.
in a prominent place on the cover page October 22, 2015. The Commission has The Office of Unfair Import
also determined to remand the Investigations is not a party in these
and/or the first page. (See Handbook for
investigation in part to the ALJ. consolidated investigations.
Electronic Filing Procedures, Electronic
Filing Procedures).4 Persons with FOR FURTHER INFORMATION CONTACT: On May 19, 2015, Valeo and Federal-
questions regarding filing should Michael Liberman, Esq., Office of the Mogul reached a settlement agreement
contact the Secretary (202–205–2000). General Counsel, U.S. International and filed a joint motion to terminate the
Any person desiring to submit a Trade Commission, 500 E Street SW., Federal-Mogul Respondents from the
document to the Commission in Washington, DC 20436, telephone (202) consolidated investigations, which was
confidence must request confidential 205–3115. Copies of non-confidential granted on June 5, 2015. See ALJ Order
treatment. All such requests should be documents filed in connection with this No. 24, Inv. No. 337–TA–928 (June 5,
directed to the Secretary to the investigation are or will be available for 2015) (not reviewed June 29, 2015). The
Commission and must include a full inspection during official business Trico respondents remained in the
statement of the reasons why the hours (8:45 a.m. to 5:15 p.m.) in the consolidated investigations.
Commission should grant such Office of the Secretary, U.S. The evidentiary hearing on the
International Trade Commission, 500 E question of violation of section 337 was
treatment. See 19 CFR 201.6. Documents
Street SW., Washington, DC 20436, held in July of 2015. The final ID on
for which confidential treatment by the
telephone (202) 205–2000. General violation was issued on October 22,
Commission is properly sought will be
information concerning the Commission 2015. The ALJ issued his recommended
treated accordingly. All nonconfidential
may also be obtained by accessing its determination on remedy, the public
written submissions will be available for
Internet server at http://www.usitc.gov. interest and bonding on the same day.
public inspection at the Office of the
The public record for this investigation The ALJ found that a violation of
Secretary and on EDIS.5
may be viewed on the Commission’s section 337 has occurred in the
This action is taken under the
electronic docket (EDIS) at http:// importation into the United States, the
authority of section 337 of the Tariff Act
edis.usitc.gov. Hearing-impaired sale for importation, or the sale within
of 1930, as amended (19 U.S.C. 1337), persons are advised that information on the United States after importation of
and of sections 201.10 and 210.8(c) of this matter can be obtained by certain windshield wipers and
the Commission’s Rules of Practice and contacting the Commission’s TDD components thereof by reason of
Procedure (19 CFR 201.10, 210.8(c)). terminal on (202) 205–1810. infringement of certain claims of the
By order of the Commission. SUPPLEMENTARY INFORMATION: The ‘798 patent. The ALJ recommended that
Dated: December 16, 2015. Commission instituted Investigation No. the Commission issue a limited
Lisa R. Barton, 337–TA–928, Certain Windshield exclusion order directed to Trico’s
Secretary to the Commission. Wipers and Components Thereof, under accused products that infringe the ‘798
[FR Doc. 2015–32594 Filed 12–24–15; 8:45 am] section 337 of the Tariff Act of 1930, as patent. The ALJ did not recommend that
BILLING CODE 7020–02–P
amended, 19 U.S.C. 1337 (‘‘section the Commission issue a cease and desist
337’’), on September 2, 2014, based on order in this investigation. Both parties
a complaint filed by Valeo North to this investigation filed timely
INTERNATIONAL TRADE America, Inc. of Troy, MI, and Delmex petitions for review of various portions
COMMISSION de Juarez S. de R.L. de C.V. of Mexico of the final ID, as well as timely
(collectively, ‘‘Valeo’’). The complaint responses to the petitions.
[Investigation No. 337–TA–928 Investigation alleges a violation of section 337 by Having examined the record in this
No. 337–TA–937 (Consolidated)] reason of infringement of certain claims investigation, including the ALJ’s final
of U.S. Patent Nos. 7,891,044 (‘‘the ‘044 ID, the petitions for review, and the
Certain Windshield Wipers and patent’’); 7,937,798 (‘‘the ‘798 patent’’); responses thereto, the Commission has
Components Thereof; Commission and 8,220,106 by Federal-Mogul Corp. determined to review the ID in part and,
Determination To Review in Part and, of Southfield, Michigan, Federal-Mogul on review, to take certain actions. In
on Review, To Reverse in Part and To Vehicle Component Solutions, Inc. of particular, the Commission has
Vacate in Part a Final Initial Southfield, Michigan, and Federal- determined as follows:
Determination Finding a Violation of Mogul of Aubange, Belgium (1) To review the ALJ’s determination
Section 337, and To Remand the (collectively, ‘‘Federal-Mogul’’). 79 FR in Order No. 36 (Jul. 16, 2015)
Investigation in Part to the 52041–42 (Sep. 2, 2014). precluding arguments and evidence
Administrative Law Judge On November 21, 2014, the relating to Trico’s 618 and 596
mstockstill on DSK4VPTVN1PROD with NOTICES

Commission instituted Investigation No. connectors on the basis that they are
AGENCY:U.S. International Trade 337–TA–937, Certain Windshield obsolete and are irrelevant to the
Commission. Wipers and Components Thereof, based present investigation, see ALJ Order No.
on a complaint filed by Valeo. The 36 at 1, and on review, to reverse this
4 Handbook for Electronic Filing Procedures:
complaint alleges a violation of section determination and to remand the
http://www.usitc.gov/secretary/fed_reg_notices/
rules/handbook_on_electronic_filing.pdf. 337 by reason of infringement of certain investigation to the ALJ with respect to
5 Electronic Document Information System claims of the ‘044 patent and the ‘798 this issue, to make findings regarding
(EDIS): http://edis.usitc.gov patent by Trico Products Corporation of whether Trico products with 618 and

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80798 Federal Register / Vol. 80, No. 248 / Monday, December 28, 2015 / Notices

596 connectors infringe either asserted ACTION: Notice. (1) Pursuant to subsection (b) of
patent and to make any necessary section 337 of the Tariff Act of 1930, as
related findings, as set forth in the SUMMARY: Notice is hereby given that a amended, an investigation be instituted
accompanying Remand Order. complaint was filed with the U.S. to determine whether there is a
(2) To review the ALJ’s finding that International Trade Commission on violation of subsection (a)(1)(B) of
Valeo’s indirect infringement claims are November 19, 2015, under section 337 section 337 in the importation into the
moot and, on review, to vacate it. The of the Tariff Act of 1930, as amended, United States, the sale for importation,
Commission finds it unnecessary to 19 U.S.C. 1337, on behalf of Federal- or the sale within the United States after
reach the issue of whether Trico Mogul Motorparts Corporation of importation of certain chassis parts
induced infringement of the ‘798 patent Southfield, Michigan. The complaint incorporating movable sockets and
with respect to the accused products alleges violations of section 337 based components thereof by reason of
considered by the ALJ because the upon the importation into the United infringement of one or more of claims
Commission has determined not to States, the sale for importation, and the 1–5 of the ’280 patent, and whether an
review the ALJ’s finding that Trico sale within the United States after industry in the United States exists as
directly infringes the ‘798 patent. importation of certain chassis parts required by subsection (a)(2) of section
(3) To review the ALJ’s finding that incorporating movable sockets and 337;
Valeo established quantitatively and components thereof by reason of (2) For the purpose of the
qualitatively significant investment in infringement of certain claims of U.S. investigation so instituted, the following
plant and equipment and thus satisfies Patent No. 6,202,280 (‘‘the ’280 patent’’). are hereby named as parties upon which
economic prong of the domestic The complaint further alleges that an this notice of investigation shall be
industry requirement under subsection industry in the United States exists as served:
(A) of section 337(a)(3) and, on review, required by subsection (a)(2) of section (a) The complainant is: Federal-Mogul
to take no position with respect to this 337. Motorparts Corporation, 27300 West 11
finding. The complainant requests that the Mile Road, Southfield, MI 48034.
(4) To review the final ID with respect Commission institute an investigation (b) The respondent is the following
to footnote 7 on page 17 and, on review, and, after the investigation, issue a entity alleged to be in violation of
to modify the subject footnote by general exclusion order, or in the section 337, and is the party upon
striking its second sentence. alternative a limited exclusion order, which the complaint is to be served:
The Commission has determined not and a cease and desist order. Mevotech, L.P., 240 Bridgeland Avenue,
to review the remainder of the final ID. Toronto, ON, Canada M6A 1Z4.
ADDRESSES: The complaint, except for
The Commission does not seek further (c) The Office of Unfair Import
any confidential information contained
briefing at this time. Investigations, U.S. International Trade
therein, is available for inspection
In light of the remand, the ALJ shall Commission, 500 E Street SW., Suite
during official business hours (8:45 a.m.
set a new target date within thirty days 401, Washington, DC 20436; and
to 5:15 p.m.) in the Office of the (3) For the investigation so instituted,
of the date of this notice consistent with Secretary, U.S. International Trade the Chief Administrative Law Judge,
the Remand Order. The current target Commission, 500 E Street SW., Room U.S. International Trade Commission,
date for this investigation is February 112, Washington, DC 20436, telephone shall designate the presiding
23, 2016. (202) 205–2000. Hearing impaired
Any briefing on reviewed and Administrative Law Judge.
individuals are advised that information Responses to the complaint and the
remanded issues, and on remedy, on this matter can be obtained by notice of investigation must be
bonding, and the public interest will contacting the Commission’s TDD submitted by the named respondent in
follow Commission consideration of the terminal on (202) 205–1810. Persons accordance with section 210.13 of the
remand ID. with mobility impairments who will Commission’s Rules of Practice and
The authority for the Commission’s need special assistance in gaining access Procedure, 19 CFR 210.13. Pursuant to
determination is contained in section to the Commission should contact the 19 CFR 201.16(e) and 210.13(a), such
337 of the Tariff Act of 1930, as Office of the Secretary at (202) 205– responses will be considered by the
amended (19 U.S.C. 1337), and in Part 2000. General information concerning Commission if received not later than 20
210 of the Commission’s Rules of the Commission may also be obtained days after the date of service by the
Practice and Procedure (19 CFR part by accessing its Internet server at Commission of the complaint and the
210). http://www.usitc.gov. The public record notice of investigation. Extensions of
By order of the Commission. for this investigation may be viewed on time for submitting responses to the
Issued: December 21, 2015. the Commission’s electronic docket complaint and the notice of
Lisa R. Barton, (EDIS) at http://edis.usitc.gov. investigation will not be granted unless
Secretary to the Commission. FOR FURTHER INFORMATION CONTACT: The good cause therefor is shown.
[FR Doc. 2015–32533 Filed 12–24–15; 8:45 am] Office of Unfair Import Investigations, Failure of the respondent to file a
BILLING CODE 7020–02–P
U.S. International Trade Commission, timely response to each allegation in the
telephone (202) 205–2560. complaint and in this notice may be
Authority: The authority for deemed to constitute a waiver of the
INTERNATIONAL TRADE institution of this investigation is right to appear and contest the
COMMISSION contained in section 337 of the Tariff allegations of the complaint and this
mstockstill on DSK4VPTVN1PROD with NOTICES

Act of 1930, as amended, and in section notice, and to authorize the
[Investigation No. 337–TA–978] 210.10 of the Commission’s Rules of administrative law judge and the
Certain Chassis Parts Incorporating Practice and Procedure, 19 CFR 210.10 Commission, without further notice to
Movable Sockets and Components (2015). the respondent, to find the facts to be as
Thereof; Institution of Investigation Scope of Investigation: Having alleged in the complaint and this notice
considered the complaint, the U.S. and to enter an initial determination
AGENCY:U.S. International Trade International Trade Commission, on and a final determination containing
Commission. December 21, 2015, ordered that— such findings, and may result in the

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Document Created: 2018-03-02 09:23:29
Document Modified: 2018-03-02 09:23:29

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice.
Contact		Michael Liberman, Esq., Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, telephone (202) 205-3115. 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 http:// www.usitc.gov. The public record for this investigation may be viewed on the Commission's electronic docket (EDIS) at http://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.
FR Citation		80 FR 80797