83 FR 46517 - Certain Motorized Vehicles and Components Thereof; Institution of Investigation

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 83, Issue 178 (September 13, 2018)

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 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.

[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]


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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.

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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]
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