83 FR 46517 - Certain Motorized Vehicles and Components Thereof; Institution of Investigation
INTERNATIONAL TRADE COMMISSION Federal Register Volume 83, Issue 178 (September 13, 2018)
Federal Register Volume 83, Issue 178 (September 13, 2018)
| Page Range | 46517-46518 | |
| FR Document | 2018-19904 |
[Federal Register Volume 83, Number 178 (Thursday, September 13, 2018)] [Notices] [Pages 46517-46518] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-19904] ----------------------------------------------------------------------- INTERNATIONAL TRADE COMMISSION [Investigation No. 337-TA-1132] Certain Motorized Vehicles and Components Thereof; 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 August 1, 2018, under section 337 of the Tariff Act of 1930, as amended, on behalf of FCA US LLC of Auburn Hills, Michigan. 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 motorized vehicles and components thereof by reason of: (1) Infringement of U.S. Trademark Registration No. 4,272,873 (``the '873 mark''); U.S. Trademark Registration No. 2,862,487 (``the '487 mark''); U.S. Trademark Registration No. 2,161,779 (``the '779 mark''); U.S. Trademark Registration No. 2,794,553 (``the '553 mark''); and U.S. Trademark Registration No. 4,043,984 (``the '984 mark''); (2) trademark dilution and [[Page 46518]] unfair competition violating the complainant's common law trademark rights; and (3) trade dress infringement. The complaint further alleges that an industry in the United States exists and that the alleged violations have the threat or effect of causing substantial injury to that industry as required by the applicable Federal Statutes. 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, is 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, Room 112, Washington, DC 20436, telephone (202) 205-2000. 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. The public record for this investigation may be viewed on the Commission's electronic docket (EDIS) at https://edis.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 (2018). Scope of Investigation: Having considered the complaint, the U.S. International Trade Commission, on September 7, 2018, ORDERED THAT-- (1) Pursuant to subsection (b) of section 337 of the Tariff Act of 1930, as amended, an investigation be instituted to determine: (a) Whether there is a violation of subsection (a)(1)(A) 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 trade dress infringement, trademark dilution, or infringement of common law trademarks, the threat or effect of which is to destroy or substantially injure an industry in the United States; (b) whether there is a violation of subsection (a)(1)(C) 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 '873 mark; the '487 mark; the '779 mark; the '553 mark; and the '984 mark, 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 ``motorized vehicles, kits and assemblies for motorized vehicles, and replacement and aftermarket components for motorized vehicles''; (3) Pursuant to section 210.10(b)(3) of the Commission's Rules of Practice and Procedure, 19 CFR 210.10(b)(3), the presiding Administrative Law Judge shall hold an early evidentiary hearing, find facts, and issue an early decision, within 100 days of institution except for good cause shown, as to whether the complainant is contractually barred from enforcing its intellectual property against the named respondents. In the alternative, the presiding Administrative Law Judge may decide this issue through summary determination proceedings if he or she determines that no material facts are in dispute. Notwithstanding any Commission Rules to the contrary, which are hereby waived, any such decision should be issued in the form of an initial determination (ID) under Rule 210.42(a)(3), 19 CFR 210.42(a)(3). The ID will become the Commission's final determination 30 days after the date of service of the ID unless the Commission determines to review the ID. Any such review will be conducted in accordance with Commission Rules 210.43, 210.44, and 210.45, 19 CFR 210.43, 210.44, and 210.45; (4) 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 complainant is: FCA US LLC, 1000 Chrysler Drive, Auburn Hills, MI 48321. (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: Mahindra & Mahindra Ltd., Mahindra Towers, Dr. G.M. Bhosle Marg, P.K. Kurne Chowk, Worli, Mumbai 400 018, India Mahindra Automotive North America, Inc., 275 Rex Boulevard, Auburn Hills, MI 48326 (c) The Office of Unfair Import Investigations, U.S. International Trade Commission, 500 E Street SW, Suite 401, Washington, DC 20436; and (5) For the investigation so instituted, the Chief Administrative Law Judge, 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), such responses will be considered by the Commission if received not later than 20 days after the date of service by the Commission 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: September 7, 2018. Lisa Barton, Secretary to the Commission. [FR Doc. 2018-19904 Filed 9-12-18; 8:45 am] BILLING CODE P
![Federal Register / Vol. 83, No. 178 / Thursday, September 13, 2018 / Notices 46517
the Commissioners’ votes, the the Secretary to the Commission on or accepting such submissions, or unless
Commission’s statement on adequacy, before January 16, 2019. A nonparty the submission is pursuant to a specific
and any individual Commissioner’s who has testimony that may aid the request by a Commissioner or
statements are available from the Office Commission’s deliberations may request Commission staff.
of the Secretary and at the permission to present a short statement In accordance with sections 201.16(c)
Commission’s website. at the hearing. All parties and and 207.3 of the Commission’s rules,
Participation in the reviews and nonparties desiring to appear at the each document filed by a party to the
public service list.—Persons, including hearing and make oral presentations reviews must be served on all other
industrial users of the subject should participate in a prehearing parties to the reviews (as identified by
merchandise and, if the merchandise is conference to be held on January 18, either the public or BPI service list), and
sold at the retail level, representative 2019, at the U.S. International Trade a certificate of service must be timely
consumer organizations, wishing to Commission Building, if deemed filed. The Secretary will not accept a
participate in these reviews as parties necessary. Oral testimony and written document for filing without a certificate
must file an entry of appearance with materials to be submitted at the public of service.
the Secretary to the Commission, as hearing are governed by sections The Commission has determined that
provided in section 201.11 of the 201.6(b)(2), 201.13(f), 207.24, and these reviews are extraordinarily
Commission’s rules, by 45 days after 207.66 of the Commission’s rules. complicated and therefore has
publication of this notice. A party that Parties must submit any request to determined to exercise its authority to
filed a notice of appearance following present a portion of their hearing extend the review period by up to 90
publication of the Commission’s notice testimony in camera no later than 7 days pursuant to 19 U.S.C.1675(c)(5)(B).
of institution of the reviews need not business days prior to the date of the Authority: These reviews are being
file an additional notice of appearance. hearing. conducted under authority of title VII of
The Secretary will maintain a public Written submissions.—Each party to the Tariff Act of 1930; this notice is
service list containing the names and the reviews may submit a prehearing published pursuant to section 207.62 of
addresses of all persons, or their brief to the Commission. Prehearing the Commission’s rules.
representatives, who are parties to the briefs must conform with the provisions
By order of the Commission.
reviews. of section 207.65 of the Commission’s
For further information concerning rules; the deadline for filing is January Issued: September 7, 2018.
the conduct of these reviews and rules 10, 2019. Parties may also file written Jessica Mullan,
of general application, consult the testimony in connection with their Attorney Advisor.
Commission’s Rules of Practice and presentation at the hearing, as provided [FR Doc. 2018–19894 Filed 9–12–18; 8:45 am]
Procedure, part 201, subparts A and B in section 207.24 of the Commission’s BILLING CODE 7020–02–P
(19 CFR part 201), and part 207, rules, and posthearing briefs, which
subparts A, D, E, and F (19 CFR part must conform with the provisions of
207). section 207.67 of the Commission’s INTERNATIONAL TRADE
Limited disclosure of business rules. The deadline for filing COMMISSION
proprietary information (BPI) under an posthearing briefs is January 31, 2019. [Investigation No. 337–TA–1132]
administrative protective order (APO) In addition, any person who has not
and BPI service list.—Pursuant to entered an appearance as a party to the Certain Motorized Vehicles and
section 207.7(a) of the Commission’s reviews may submit a written statement Components Thereof; Institution of
rules, the Secretary will make BPI of information pertinent to the subject of Investigation
gathered in these reviews available to the reviews on or before January 31,
authorized applicants under the APO 2019. On February 25, 2019, the AGENCY: U.S. International Trade
issued in the review, provided that the Commission will make available to Commission.
application is made by 45 days after parties all information on which they ACTION: Notice.
publication of this notice. Authorized have not had an opportunity to
applicants must represent interested comment. Parties may submit final SUMMARY: Notice is hereby given that a
parties, as defined by 19 U.S.C. 1677(9), comments on this information on or complaint was filed with the U.S.
who are parties to the reviews. A party before February 28, 2019, but such final International Trade Commission on
granted access to BPI following comments must not contain new factual August 1, 2018, under section 337 of the
publication of the Commission’s notice information and must otherwise comply Tariff Act of 1930, as amended, on
of institution of the reviews need not with section 207.68 of the Commission’s behalf of FCA US LLC of Auburn Hills,
reapply for such access. A separate rules. All written submissions must Michigan. The complaint alleges
service list will be maintained by the conform with the provisions of section violations of section 337 based upon the
Secretary for those parties authorized to 201.8 of the Commission’s rules; any importation into the United States, the
receive BPI under the APO. submissions that contain BPI must also sale for importation, and the sale within
Staff report.—The prehearing staff conform with the requirements of the United States after importation of
report in the reviews will be placed in sections 201.6, 207.3, and 207.7 of the certain motorized vehicles and
the nonpublic record on December 18, Commission’s rules. The Commission’s components thereof by reason of: (1)
2018, and a public version will be Handbook on E-Filing, available on the Infringement of U.S. Trademark
issued thereafter, pursuant to section Commission’s website at https:// Registration No. 4,272,873 (‘‘the ’873
207.64 of the Commission’s rules. edis.usitc.gov, elaborates upon the mark’’); U.S. Trademark Registration No.
daltland on DSKBBV9HB2PROD with NOTICES
Hearing.—The Commission will hold Commission’s rules with respect to 2,862,487 (‘‘the ’487 mark’’); U.S.
a hearing in connection with the electronic filing. Trademark Registration No. 2,161,779
reviews beginning at 9:30 a.m. on Additional written submissions to the (‘‘the ’779 mark’’); U.S. Trademark
January 24, 2019, at the U.S. Commission, including requests Registration No. 2,794,553 (‘‘the ’553
International Trade Commission pursuant to section 201.12 of the mark’’); and U.S. Trademark
Building. Requests to appear at the Commission’s rules, shall not be Registration No. 4,043,984 (‘‘the ’984
hearing should be filed in writing with accepted unless good cause is shown for mark’’); (2) trademark dilution and
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![46518 Federal Register / Vol. 83, No. 178 / Thursday, September 13, 2018 / Notices
unfair competition violating the law trademarks, the threat or effect of Mahindra & Mahindra Ltd., Mahindra
complainant’s common law trademark which is to destroy or substantially Towers, Dr. G.M. Bhosle Marg, P.K.
rights; and (3) trade dress infringement. injure an industry in the United States; Kurne Chowk, Worli, Mumbai 400
The complaint further alleges that an (b) whether there is a violation of 018, India
industry in the United States exists and subsection (a)(1)(C) of section 337 in the Mahindra Automotive North America,
that the alleged violations have the importation into the United States, the Inc., 275 Rex Boulevard, Auburn
threat or effect of causing substantial sale for importation, or the sale within
Hills, MI 48326
injury to that industry as required by the the United States after importation of
applicable Federal Statutes. certain products identified in paragraph (c) The Office of Unfair Import
The complainant requests that the (2) by reason of infringement of one or Investigations, U.S. International Trade
Commission institute an investigation more of the ’873 mark; the ’487 mark; Commission, 500 E Street SW, Suite
and, after the investigation, issue a the ’779 mark; the ’553 mark; and the 401, Washington, DC 20436; and
limited exclusion order and cease and ’984 mark, and whether an industry in (5) For the investigation so instituted,
desist orders. the United States exists as required by
the Chief Administrative Law Judge,
ADDRESSES: The complaint, except for subsection (a)(2) of section 337;
U.S. International Trade Commission,
any confidential information contained (2) Pursuant to section 210.10(b)(1) of
shall designate the presiding
therein, is available for inspection the Commission’s Rules of Practice and
Procedure, 19 CFR 210.10(b)(1), the Administrative Law Judge.
during official business hours (8:45 a.m.
to 5:15 p.m.) in the Office of the plain language description of the Responses to the complaint and the
Secretary, U.S. International Trade accused products or category of accused notice of investigation must be
Commission, 500 E Street SW, Room products, which defines the scope of the submitted by the named respondents in
112, Washington, DC 20436, telephone investigation, is ‘‘motorized vehicles, accordance with section 210.13 of the
(202) 205–2000. Hearing impaired kits and assemblies for motorized Commission’s Rules of Practice and
individuals are advised that information vehicles, and replacement and Procedure, 19 CFR 210.13. Pursuant to
on this matter can be obtained by aftermarket components for motorized 19 CFR 201.16(e) and 210.13(a), such
contacting the Commission’s TDD vehicles’’; responses will be considered by the
terminal on (202) 205–1810. Persons (3) Pursuant to section 210.10(b)(3) of Commission if received not later than 20
with mobility impairments who will the Commission’s Rules of Practice and days after the date of service by the
need special assistance in gaining access Procedure, 19 CFR 210.10(b)(3), the Commission of the complaint and the
to the Commission should contact the presiding Administrative Law Judge notice of investigation. Extensions of
Office of the Secretary at (202) 205– shall hold an early evidentiary hearing, time for submitting responses to the
2000. General information concerning find facts, and issue an early decision, complaint and the notice of
the Commission may also be obtained within 100 days of institution except for investigation will not be granted unless
by accessing its internet server at good cause shown, as to whether the
good cause therefor is shown.
https://www.usitc.gov. The public complainant is contractually barred
record for this investigation may be from enforcing its intellectual property Failure of a respondent to file a timely
viewed on the Commission’s electronic against the named respondents. In the response to each allegation in the
docket (EDIS) at https://edis.usitc.gov. alternative, the presiding complaint and in this notice may be
FOR FURTHER INFORMATION CONTACT: Administrative Law Judge may decide deemed to constitute a waiver of the
Pathenia M. Proctor, The Office of this issue through summary right to appear and contest the
Unfair Import Investigations, U.S. determination proceedings if he or she allegations of the complaint and this
International Trade Commission, determines that no material facts are in notice, and to authorize the
telephone (202) 205–2560. dispute. Notwithstanding any administrative law judge and the
SUPPLEMENTARY INFORMATION: Commission Rules to the contrary, Commission, without further notice to
Authority: The authority for which are hereby waived, any such the respondent, to find the facts to be as
institution of this investigation is decision should be issued in the form of alleged in the complaint and this notice
contained in section 337 of the Tariff an initial determination (ID) under Rule and to enter an initial determination
Act of 1930, as amended, 19 U.S.C. 210.42(a)(3), 19 CFR 210.42(a)(3). The and a final determination containing
1337, and in section 210.10 of the ID will become the Commission’s final such findings, and may result in the
Commission’s Rules of Practice and determination 30 days after the date of issuance of an exclusion order or a cease
Procedure, 19 CFR 210.10 (2018). service of the ID unless the Commission and desist order or both directed against
Scope of Investigation: Having determines to review the ID. Any such the respondent.
considered the complaint, the U.S. review will be conducted in accordance
International Trade Commission, on with Commission Rules 210.43, 210.44, By order of the Commission.
September 7, 2018, ORDERED THAT— and 210.45, 19 CFR 210.43, 210.44, and Issued: September 7, 2018.
(1) Pursuant to subsection (b) of 210.45; Lisa Barton,
section 337 of the Tariff Act of 1930, as (4) For the purpose of the Secretary to the Commission.
amended, an investigation be instituted investigation so instituted, the following [FR Doc. 2018–19904 Filed 9–12–18; 8:45 am]
to determine: are hereby named as parties upon which
BILLING CODE P
(a) Whether there is a violation of this notice of investigation shall be
subsection (a)(1)(A) of Section 337 in served:
daltland on DSKBBV9HB2PROD with NOTICES
the importation into the United States, (a) The complainant is: FCA US LLC,
the sale for importation, or the sale 1000 Chrysler Drive, Auburn Hills, MI
within the United States after 48321.
importation of certain products (b) The respondents are the following
identified in paragraph (2) by reason of entities alleged to be in violation of
trade dress infringement, trademark section 337, and are the parties upon
dilution, or infringement of common which the complaint is to be served:
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Document Created: 2018-09-13 01:01:26
Document Modified: 2018-09-13 01:01:26
| 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 | Pathenia M. Proctor, The Office of Unfair Import Investigations, U.S. International Trade Commission, telephone (202) 205-2560. | |
| FR Citation | 83 FR 46517 |
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