Certain Motorized Vehicles and Components Thereof; Institution of Investigation, 46517-46518 [2018-19904]
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the Commissioners’ votes, the
Commission’s statement on adequacy,
and any individual Commissioner’s
statements are available from the Office
of the Secretary and at the
Commission’s website.
Participation in the reviews and
public service list.—Persons, including
industrial users of the subject
merchandise and, if the merchandise is
sold at the retail level, representative
consumer organizations, wishing to
participate in these reviews as parties
must file an entry of appearance with
the Secretary to the Commission, as
provided in section 201.11 of the
Commission’s rules, by 45 days after
publication of this notice. A party that
filed a notice of appearance following
publication of the Commission’s notice
of institution of the reviews need not
file an additional notice of appearance.
The Secretary will maintain a public
service list containing the names and
addresses of all persons, or their
representatives, who are parties to the
reviews.
For further information concerning
the conduct of these reviews and rules
of general application, consult the
Commission’s Rules of Practice and
Procedure, part 201, subparts A and B
(19 CFR part 201), and part 207,
subparts A, D, E, and F (19 CFR part
207).
Limited disclosure of business
proprietary information (BPI) under an
administrative protective order (APO)
and BPI service list.—Pursuant to
section 207.7(a) of the Commission’s
rules, the Secretary will make BPI
gathered in these reviews available to
authorized applicants under the APO
issued in the review, provided that the
application is made by 45 days after
publication of this notice. Authorized
applicants must represent interested
parties, as defined by 19 U.S.C. 1677(9),
who are parties to the reviews. A party
granted access to BPI following
publication of the Commission’s notice
of institution of the reviews need not
reapply for such access. A separate
service list will be maintained by the
Secretary for those parties authorized to
receive BPI under the APO.
Staff report.—The prehearing staff
report in the reviews will be placed in
the nonpublic record on December 18,
2018, and a public version will be
issued thereafter, pursuant to section
207.64 of the Commission’s rules.
Hearing.—The Commission will hold
a hearing in connection with the
reviews beginning at 9:30 a.m. on
January 24, 2019, at the U.S.
International Trade Commission
Building. Requests to appear at the
hearing should be filed in writing with
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the Secretary to the Commission on or
before January 16, 2019. A nonparty
who has testimony that may aid the
Commission’s deliberations may request
permission to present a short statement
at the hearing. All parties and
nonparties desiring to appear at the
hearing and make oral presentations
should participate in a prehearing
conference to be held on January 18,
2019, at the U.S. International Trade
Commission Building, if deemed
necessary. Oral testimony and written
materials to be submitted at the public
hearing are governed by sections
201.6(b)(2), 201.13(f), 207.24, and
207.66 of the Commission’s rules.
Parties must submit any request to
present a portion of their hearing
testimony in camera no later than 7
business days prior to the date of the
hearing.
Written submissions.—Each party to
the reviews may submit a prehearing
brief to the Commission. Prehearing
briefs must conform with the provisions
of section 207.65 of the Commission’s
rules; the deadline for filing is January
10, 2019. Parties may also file written
testimony in connection with their
presentation at the hearing, as provided
in section 207.24 of the Commission’s
rules, and posthearing briefs, which
must conform with the provisions of
section 207.67 of the Commission’s
rules. The deadline for filing
posthearing briefs is January 31, 2019.
In addition, any person who has not
entered an appearance as a party to the
reviews may submit a written statement
of information pertinent to the subject of
the reviews on or before January 31,
2019. On February 25, 2019, the
Commission will make available to
parties all information on which they
have not had an opportunity to
comment. Parties may submit final
comments on this information on or
before February 28, 2019, but such final
comments must not contain new factual
information and must otherwise comply
with section 207.68 of the Commission’s
rules. All written submissions must
conform with the provisions of section
201.8 of the Commission’s rules; any
submissions that contain BPI must also
conform with the requirements of
sections 201.6, 207.3, and 207.7 of the
Commission’s rules. The Commission’s
Handbook on E-Filing, available on the
Commission’s website at https://
edis.usitc.gov, elaborates upon the
Commission’s rules with respect to
electronic filing.
Additional written submissions to the
Commission, including requests
pursuant to section 201.12 of the
Commission’s rules, shall not be
accepted unless good cause is shown for
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46517
accepting such submissions, or unless
the submission is pursuant to a specific
request by a Commissioner or
Commission staff.
In accordance with sections 201.16(c)
and 207.3 of the Commission’s rules,
each document filed by a party to the
reviews must be served on all other
parties to the reviews (as identified by
either the public or BPI service list), and
a certificate of service must be timely
filed. The Secretary will not accept a
document for filing without a certificate
of service.
The Commission has determined that
these reviews are extraordinarily
complicated and therefore has
determined to exercise its authority to
extend the review period by up to 90
days pursuant to 19 U.S.C.1675(c)(5)(B).
Authority: These reviews are being
conducted under authority of title VII of
the Tariff Act of 1930; this notice is
published pursuant to section 207.62 of
the Commission’s rules.
By order of the Commission.
Issued: September 7, 2018.
Jessica Mullan,
Attorney Advisor.
[FR Doc. 2018–19894 Filed 9–12–18; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–1132]
Certain Motorized Vehicles and
Components Thereof; Institution of
Investigation
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
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
SUMMARY:
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46518
Federal Register / Vol. 83, No. 178 / Thursday, September 13, 2018 / Notices
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
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Jkt 244001
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:
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Fmt 4703
Sfmt 9990
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
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Agencies
[Federal Register Volume 83, Number 178 (Thursday, September 13, 2018)]
[Notices]
[Pages 46517-46518]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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