Certain Pickup Truck Folding Bed Cover Systems and Components Thereof Institution of Investigation, 4534-4535 [2019-02508]

Download as PDF 4534 Federal Register / Vol. 84, No. 32 / Friday, February 15, 2019 / Notices INTERNATIONAL TRADE COMMISSION [Investigation Nos. 701–TA–598 and 731– TA–1408 (Final)] Rubber Bands From China; Determinations On the basis of the record 1 developed in the subject investigations, the United States International Trade Commission (‘‘Commission’’) determines, pursuant to the Tariff Act of 1930 (‘‘the Act’’), that an industry in the United States is materially injured by reason of imports of rubber bands from China, provided for in subheading 4016.99.35 2 of the Harmonized Tariff Schedule of the United States, that have been found by the U.S. Department of Commerce (‘‘Commerce’’) to be sold in the United States at less than fair value (‘‘LTFV’’), and to be subsidized by the government of China.3 khammond on DSKBBV9HB2PROD with NOTICES Background The Commission, pursuant to sections 705(b) and 735(b) of the Act (19 U.S.C. 1671d(b) and 19 U.S.C. 1673d(b)), instituted these investigations effective January 30, 2018, following receipt of a petition filed with the Commission and Commerce by Alliance Rubber Co., Hot Springs, Arkansas. The final phase of the investigations was scheduled by the Commission following notification of preliminary determinations by Commerce that imports of rubber bands from China were subsidized within the meaning of section 703(b) of the Act (19 U.S.C. 1671b(b)) and sold at LTFV within the meaning of 733(b) of the Act (19 U.S.C. 1673b(b)). Notice of the scheduling of the final phase of the Commission’s investigations and of a public hearing to be held in connection therewith was given by posting copies of the notice in the Office of the Secretary, U.S. International Trade Commission, Washington, DC, and by publishing the notice in the Federal Register on September 17, 2018 (83 FR 46969).4 The hearing was held in 1 The record is defined in sec. 207.2(f) of the Commission’s Rules of Practice and Procedure (19 CFR 207.2(f)). 2 Merchandise covered by the scope of these investigations may also enter under HTSUS subheading 4016.99.6050. 3 The Commission also finds that imports subject to Commerce’s affirmative critical circumstances determinations are not likely to undermine seriously the remedial effect of the countervailing and antidumping duty orders on rubber bands from China. 4 Due to the lapse in appropriations and ensuing cessation of Commission operations, all import injury investigations conducted under authority of Title VII of the Tariff Act of 1930 accordingly have been tolled pursuant to 19 U.S.C. 1671d(b)(2), 1673d(b)(2). VerDate Sep<11>2014 19:41 Feb 14, 2019 Jkt 247001 Washington, DC, on November 13, 2018, and all persons who requested the opportunity were permitted to appear in person or by counsel. The Commission made these determinations pursuant to sections 705(b) and 735(b) of the Act (19 U.S.C. 1671d(b) and 19 U.S.C. 1673d(b)). It completed and filed its determinations in these investigations on January 7, 2019. The views of the Commission are contained in USITC Publication 4863 (January 2019), entitled Rubber Bands from China: Investigation Nos. 701–TA– 598 and 731–TA–1408 (Final). By order of the Commission. Issued: February 11, 2019. Lisa Barton, Secretary to the Commission. [FR Doc. 2019–02437 Filed 2–14–19; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–1143] Certain Pickup Truck Folding Bed Cover Systems 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 December 7, 2018, under section 337 of the Tariff Act of 1930, as amended, on behalf of Extang Corporation of Ann Arbor, Michigan and Laurmark Enterprises, Inc. of Ann Arbor, Michigan. Amendments to the complaint were filed on February 1, 2019. 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 pickup truck folding bed cover systems and components thereof by reason of infringement of: the claim of U.S. Patent No. D620,877 (‘‘the ’877 patent’’); certain claims of U.S. Patent No. 7,188,888 (‘‘the ’888 patent’’); U.S. Patent No. 7,484,788 (‘‘the ’788 patent’’); U.S. Patent No. 8,061,758 (‘‘the ’758 patent’’); U.S. Patent No. 8,182,021 (‘‘the ’021 patent’’); and U.S. Patent No. 8,690,224 (‘‘the ’224 patent’’); and U.S. Trademark Registration No. 5,104,393 (‘‘the ’393 trademark’’) and U.S. Trademark Registration No. 3,904,016 (‘‘the ’016 trademark’’). The complaint further alleges that an industry in the United States exists as required by the applicable Federal Statute. SUMMARY: PO 00000 Frm 00103 Fmt 4703 Sfmt 4703 The complainants request that the Commission institute an investigation and, after the investigation, issue a general exclusion order, or in the alternative a limited exclusion order, and cease and desist orders. A motion for temporary relief filed concurrently with the complaint and amended on February 1, 2019, requests that the Commission issue a temporary exclusion order and temporary cease and desist orders prohibiting the importation into and the sale within the United States after importation of certain pickup truck folding bed cover systems and components thereof during the course of the Commission’s investigation. 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 February 11, 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)(B) of section 337 in the importation into the United States, the sale for importation, or the sale within the United States after importation of E:\FR\FM\15FEN1.SGM 15FEN1 khammond on DSKBBV9HB2PROD with NOTICES Federal Register / Vol. 84, No. 32 / Friday, February 15, 2019 / Notices certain products identified in paragraph (2) by reason of infringement of one or more of the claim of the ’877 patent; claims 11, 13, 17, and 18 of the ’888 patent; claims 1–3, 5, 6, 19, and 20 of the ’788 patent; claim 2 of the ’758 patent; claims 1–7, and 11–30 of the ’021 patent; claims 1–6 and 8–10 of the ’224 patent; and whether an industry in the United States exists as required by subsection (a)(2) of section 337; and (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 ’393 trademark and the ’016 trademark 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 ‘‘folding cover assemblies for pickup truck cargo boxes and components thereof’’; (3) Pursuant to section 210.58 of the Commission’s Rules of Practice and Procedure, 19 CFR 210.58, the motion for temporary relief under subsection (e) of section 337 of the Tariff Act of 1930, which was filed with the complaint, is provisionally accepted and referred to the presiding administrative law judge for investigation; (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 complainants are: Extang Corporation, 5400 S. State Road, Ann Arbor, Michigan 48108; Laurmark Enterprises, Inc., d/b/a BAK Industries, 5400 Data Court, Ann Arbor, Michigan 48108. (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: Stehlen Automotive, 21912 Garcia Lane, Walnut, California 91789; SyneticUSA, 7141 Paramount Boulevard, Pico Rivera, California 90660; Topline Autoparts, Inc., 1157 Dunswell Avenue, Hacienda Heights, California 91745; Velocity Concepts Inc., 2847 Villa Alta Place, Hacienda Heights, CA 91745; JL Concepts Inc., 21912 Garcia Lane, Walnut, California 91789; DT Trading Inc., 417 W San Marino Avenue, Alhambra, CA 91801; Wenzhou Kouvi Hardware Products Co., Ltd., No. 10, Xiafeng Road, Xianyan Industrial Zone, VerDate Sep<11>2014 19:41 Feb 14, 2019 Jkt 247001 Ouhai District, Wenzh City, Zhejiang Province, China 325204; Syppo Marketing, Inc., 15240 Nelson Avenue, City of Industry, California 91744; Apex Auto Parts Mfg. Inc., 15240 Nelson Avenue, City of Industry, California 91744; Ningbo Huadian Cross Country Automobile Accessories Co., Ltd., Room 2402 Huijin Building No. 77, Heyi Road, Ningbo, China 315000; Sunwood Industries Co., Ltd., Room 501, Sealand Plaza, #20 Guanghua Street, Changzhou, Jiangsu, China 213001. (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, motion for temporary relief, and the notice of investigation must be submitted by the named respondents in accordance with sections 210.13 and 210.59 of the Commission’s Rules of Practice and Procedure, 19 CFR 210.13, 210.59. Pursuant to 19 CFR 201.16(e), 210.13(a), and 210.59, such responses will be considered by the Commission if received not later than 10 days after the date of service by the Commission of the complaint, motion for temporary relief, and the notice of investigation. Extensions of time for submitting responses to the complaint, motion for temporary relief, 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, motion for temporary relief, 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: February 12, 2019. Lisa Barton, Secretary to the Commission. [FR Doc. 2019–02508 Filed 2–14–19; 8:45 am] BILLING CODE 7020–02–P PO 00000 Frm 00104 Fmt 4703 Sfmt 4703 4535 INTERNATIONAL TRADE COMMISSION [Investigation Nos. 701–TA–365–366 and 731–TA–734–735 (Fourth Review)] Pasta From Italy and Turkey; Scheduling of Expedited Five-Year Reviews United States International Trade Commission. AGENCY: ACTION: Notice. The Commission hereby gives notice of the scheduling of expedited reviews pursuant to the Tariff Act of 1930 (‘‘the Act’’) to determine whether revocation of the antidumping duty and countervailing duty orders on pasta from Italy and Turkey would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time. SUMMARY: DATES: November 5, 2018. FOR FURTHER INFORMATION CONTACT: Jordan Harriman (202–205–2610), Office of Investigations, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. Hearingimpaired persons can obtain information on this matter 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 (https:// www.usitc.gov). The public record for these reviews may be viewed on the Commission’s electronic docket (EDIS) at https://edis.usitc.gov. SUPPLEMENTARY INFORMATION: Background.—On November 5, 2018, the Commission determined that the domestic interested party group response to its notice of institution (83 FR 37517, August 1, 2018) of the subject five-year reviews was adequate and that the respondent interested party group responses were inadequate. The Commission did not find any other circumstances that would warrant conducting full reviews.1 Accordingly, the Commission determined that it would conduct expedited reviews pursuant to section 751(c)(3) of the 1 A record of the Commissioners’ votes, the Commission’s statement on adequacy, and any individual Commissioner’s statements will be available from the Office of the Secretary and at the Commission’s website. E:\FR\FM\15FEN1.SGM 15FEN1

Agencies

[Federal Register Volume 84, Number 32 (Friday, February 15, 2019)]
[Notices]
[Pages 4534-4535]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-02508]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1143]


Certain Pickup Truck Folding Bed Cover Systems 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 December 7, 2018, under section 
337 of the Tariff Act of 1930, as amended, on behalf of Extang 
Corporation of Ann Arbor, Michigan and Laurmark Enterprises, Inc. of 
Ann Arbor, Michigan. Amendments to the complaint were filed on February 
1, 2019. 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 pickup truck 
folding bed cover systems and components thereof by reason of 
infringement of: the claim of U.S. Patent No. D620,877 (``the '877 
patent''); certain claims of U.S. Patent No. 7,188,888 (``the '888 
patent''); U.S. Patent No. 7,484,788 (``the '788 patent''); U.S. Patent 
No. 8,061,758 (``the '758 patent''); U.S. Patent No. 8,182,021 (``the 
'021 patent''); and U.S. Patent No. 8,690,224 (``the '224 patent''); 
and U.S. Trademark Registration No. 5,104,393 (``the '393 trademark'') 
and U.S. Trademark Registration No. 3,904,016 (``the '016 trademark''). 
The complaint further alleges that an industry in the United States 
exists as required by the applicable Federal Statute.
    The complainants request that the Commission institute an 
investigation and, after the investigation, issue a general exclusion 
order, or in the alternative a limited exclusion order, and cease and 
desist orders.
    A motion for temporary relief filed concurrently with the complaint 
and amended on February 1, 2019, requests that the Commission issue a 
temporary exclusion order and temporary cease and desist orders 
prohibiting the importation into and the sale within the United States 
after importation of certain pickup truck folding bed cover systems and 
components thereof during the course of the Commission's investigation.

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 February 11, 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)(B) of section 
337 in the importation into the United States, the sale for 
importation, or the sale within the United States after importation of

[[Page 4535]]

certain products identified in paragraph (2) by reason of infringement 
of one or more of the claim of the '877 patent; claims 11, 13, 17, and 
18 of the '888 patent; claims 1-3, 5, 6, 19, and 20 of the '788 patent; 
claim 2 of the '758 patent; claims 1-7, and 11-30 of the '021 patent; 
claims 1-6 and 8-10 of the '224 patent; and whether an industry in the 
United States exists as required by subsection (a)(2) of section 337; 
and
    (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 '393 trademark and the '016 trademark 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 ``folding cover 
assemblies for pickup truck cargo boxes and components thereof'';
    (3) Pursuant to section 210.58 of the Commission's Rules of 
Practice and Procedure, 19 CFR 210.58, the motion for temporary relief 
under subsection (e) of section 337 of the Tariff Act of 1930, which 
was filed with the complaint, is provisionally accepted and referred to 
the presiding administrative law judge for investigation;
    (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 complainants are: Extang Corporation, 5400 S. State Road, 
Ann Arbor, Michigan 48108; Laurmark Enterprises, Inc., d/b/a BAK 
Industries, 5400 Data Court, Ann Arbor, Michigan 48108.
    (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: Stehlen Automotive, 21912 Garcia Lane, Walnut, 
California 91789; SyneticUSA, 7141 Paramount Boulevard, Pico Rivera, 
California 90660; Topline Autoparts, Inc., 1157 Dunswell Avenue, 
Hacienda Heights, California 91745; Velocity Concepts Inc., 2847 Villa 
Alta Place, Hacienda Heights, CA 91745; JL Concepts Inc., 21912 Garcia 
Lane, Walnut, California 91789; DT Trading Inc., 417 W San Marino 
Avenue, Alhambra, CA 91801; Wenzhou Kouvi Hardware Products Co., Ltd., 
No. 10, Xiafeng Road, Xianyan Industrial Zone, Ouhai District, Wenzh 
City, Zhejiang Province, China 325204; Syppo Marketing, Inc., 15240 
Nelson Avenue, City of Industry, California 91744; Apex Auto Parts Mfg. 
Inc., 15240 Nelson Avenue, City of Industry, California 91744; Ningbo 
Huadian Cross Country Automobile Accessories Co., Ltd., Room 2402 
Huijin Building No. 77, Heyi Road, Ningbo, China 315000; Sunwood 
Industries Co., Ltd., Room 501, Sealand Plaza, #20 Guanghua Street, 
Changzhou, Jiangsu, China 213001.
    (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, motion for temporary relief, and the 
notice of investigation must be submitted by the named respondents in 
accordance with sections 210.13 and 210.59 of the Commission's Rules of 
Practice and Procedure, 19 CFR 210.13, 210.59. Pursuant to 19 CFR 
201.16(e), 210.13(a), and 210.59, such responses will be considered by 
the Commission if received not later than 10 days after the date of 
service by the Commission of the complaint, motion for temporary 
relief, and the notice of investigation. Extensions of time for 
submitting responses to the complaint, motion for temporary relief, 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, motion for temporary relief, 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: February 12, 2019.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2019-02508 Filed 2-14-19; 8:45 am]
BILLING CODE 7020-02-P