Certain Motorized Vehicles and Components Thereof; Notice of Commission Determination To Modify Remedial Orders; Termination of Modification Proceeding, 86580-86581 [2020-28822]

Download as PDF 86580 Federal Register / Vol. 85, No. 250 / Wednesday, December 30, 2020 / Notices 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 March 22, 2021, but such final comments must not contain new factual information and must otherwise comply with § 207.30 of the Commission’s rules. All written submissions must conform with the provisions of § 201.8 of the Commission’s rules; any submissions that contain BPI must also conform with the requirements of §§ 201.6, 207.3, and 207.7 of the Commission’s rules. The Commission’s Handbook on Filing Procedures, available on the Commission’s website at https:// www.usitc.gov/documents/handbook_ on_filing_procedures.pdf, elaborates upon the Commission’s procedures with respect to filings. Additional written submissions to the Commission, including requests pursuant to § 201.12 of the Commission’s rules, shall not be accepted unless good cause is shown for accepting such submissions, or unless the submission is pursuant to a specific request by a Commissioner or Commission staff. In accordance with §§ 201.16(c) and 207.3 of the Commission’s rules, each document filed by a party to the investigations must be served on all other parties to the investigations (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. Authority: These investigations are being conducted under authority of title VII of the Tariff Act of 1930; this notice is published pursuant to § 207.21 of the Commission’s rules. By order of the Commission. Issued: December 22, 2020. Lisa Barton, Secretary to the Commission. [FR Doc. 2020–28818 Filed 12–29–20; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–1132 (Modification)] Certain Motorized Vehicles and Components Thereof; Notice of Commission Determination To Modify Remedial Orders; Termination of Modification Proceeding U.S. International Trade Commission. ACTION: Notice. AGENCY: VerDate Sep<11>2014 17:47 Dec 29, 2020 Jkt 253001 Notice is hereby given that the U.S. International Trade Commission has determined to adopt with modification the findings of the presiding Administrative Law Judge (‘‘ALJ’’) in the Recommended Determination (‘‘RD’’) and to modify the limited exclusion order (‘‘LEO’’) and cease and desist orders (‘‘CDOs’’) (collectively, ‘‘the remedial orders’’) issued in this investigation to exempt the respondents’ redesigned product from the scope of the remedial orders. The modification proceeding is terminated. FOR FURTHER INFORMATION CONTACT: Houda Morad, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone (202) 708–4716. Copies of non-confidential documents filed in connection with this investigation may be viewed on the Commission’s electronic docket (EDIS) at https://edis.usitc.gov. For help accessing EDIS, please email EDIS3Help@usitc.gov. 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. 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 this investigation on September 13, 2018, based on a complaint, as amended, filed by FCA US LLC of Auburn Hills, Michigan (‘‘Complainant’’). See 83 FR 46517 (Sept. 13, 2018). The complaint alleges violations of section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337) (‘‘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 Nos. 4,272,873; 2,862,487; 2,161,779; 2,794,553; and 4,043,984 (collectively, ‘‘the Asserted Trademarks’’); (2) trademark dilution and unfair competition in violating the complainant’s common law trademark rights; and (3) trade dress infringement. See id. The notice of investigation names Mahindra & Mahindra Ltd. of Mumbai, India and Mahindra Automotive North America, Inc. of Auburn Hills, Michigan (collectively, ‘‘Respondents’’) as respondents in this investigation. See id. The Office of SUMMARY: PO 00000 Frm 00052 Fmt 4703 Sfmt 4703 Unfair Import Investigations is also a party to this investigation. See id. On November 8, 2019, the ALJ issued a final initial determination (‘‘FID’’) finding a violation of section 337. Specifically, the FID determined that Respondents’ Roxor vehicle (2018–2019 model) infringes FCA’s asserted trade dress but not its Asserted Trademarks. The FID also determined that Complainant did not establish trademark dilution. On June 11, 2020, the Commission determined to affirm the FID’s determination of a violation of section 337. See 85 FR 36613–14 (June 17, 2020). The Commission issued an LEO barring entry of articles that infringe the asserted trade dress and CDOs against both Respondents. The Commission declined to adjudicate Respondents’ proposed redesigned vehicles and required Respondents to obtain a ruling (via an advisory opinion or a modification proceeding) from the Commission prior to any importation of redesigned vehicles or components thereof. On June 18, 2020, Respondents filed a petition for an expedited modification proceeding. On July 20, 2020, the Commission determined to institute a modification proceeding under section 337(k) (19 U.S.C. 1337(k)) and Commission Rule 210.76 (19 CFR 210.76) to adjudicate trade dress infringement with respect to respondents’ redesigned vehicle (‘‘the Post-2020 ROXOR’’). See 85 FR 44923– 24 (July 24, 2020). On October 20, 2020, the ALJ issued his RD finding no trade dress infringement by Respondents’ Post-2020 ROXOR vehicle. On October 30, 2020, Complainant filed comments on the RD requesting that the Commission decline to adopt the RD’s findings. On November 6, 2020, Respondents and the Commission’s Investigative Attorney filed responses in opposition to Complainant’s comments. Having reviewed the record of the underlying violation investigation, as well as the record of the modification proceeding, including the RD and the parties’ comments and responses thereto, the Commission has determined to modify the LEO and CDOs to include an explicit exemption with respect to Respondents’ Post-2020 ROXOR vehicle adjudicated in this modification proceeding. As explained in the Commission Opinion issued concurrently herewith, the Commission adopts the RD’s findings with modification and affirms the RD’s conclusion that the Post-2020 ROXOR vehicle does not infringe Complainant’s E:\FR\FM\30DEN1.SGM 30DEN1 Federal Register / Vol. 85, No. 250 / Wednesday, December 30, 2020 / Notices asserted trade dress. The modification proceeding is terminated. The Commission’s vote on this determination took place on December 22, 2020. 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 22, 2020. Katherine Hiner, Acting Secretary to the Commission. [FR Doc. 2020–28822 Filed 12–29–20; 8:45 am] BILLING CODE 7020–02–P DEPARTMENT OF LABOR Employment and Training Administration Notice of a Change in Status of the Extended Benefit (EB) Program for Alaska, Connecticut, Kansas, Massachusetts, New Hampshire, Ohio, Oregon, South Carolina, and Washington Employment and Training Administration, Labor. ACTION: Notice. AGENCY: This notice announces a change in benefit period eligibility under the EB program for Alaska, Connecticut, Kansas, Massachusetts, New Hampshire, Ohio, Oregon, South Carolina, and Washington. FOR FURTHER INFORMATION CONTACT: U.S. Department of Labor, Employment and Training Administration, Office of Unemployment Insurance Room S– 4524, Attn: Thomas Stengle, 200 Constitution Avenue NW, Washington, DC 20210, telephone number (202) 693– 2991 (this is not a toll-free number) or by email: Stengle.Thomas@dol.gov. SUPPLEMENTARY INFORMATION: The following changes have occurred since the publication of the last notice regarding the States’ EB status: • Based on the data released by the Bureau of Labor Statistics on November 20, 2020, the seasonally-adjusted total unemployment rate for Alaska, Connecticut, Ohio, Oregon and Washington fell below the 8.0% threshold necessary to remain ‘‘on’’ a high unemployment period in EB, and starting December 13, 2020, the maximum potential entitlement for claimants in these states in the EB program will decrease from 20 weeks to 13 weeks. SUMMARY: VerDate Sep<11>2014 17:47 Dec 29, 2020 Jkt 253001 • Based on the data released by the Bureau of Labor Statistics on November 20, 2020, the seasonally-adjusted TUR for Kansas and South Carolina fell below the 6.5% threshold necessary to remain ‘‘on’’ in EB. The payable period in EB will end on December 12, 2020. • It has been determined that Massachusetts’ Unemployment Compensation law provides for the temporary adoption of the optional TUR trigger during periods of 100 percent Federal financing of EB, and Public Law 116–127 authorized 100 percent Federal funding through December 31, 2020. As such, based on data released by the Bureau of Labor Statistics on June 19, 2020, the seasonally-adjusted total unemployment rate for Massachusetts rose above the 8.0 percent threshold to trigger ‘‘on’’ to a high unemployment period in EB. Therefore a payable period for Massachusetts under the high unemployment period is retroactive to July 5, 2020, and eligibility for claimants has been extended from up to 13 weeks of potential duration to up to 20 weeks of potential duration in the EB program. • Based on the data submitted by New Hampshire for the week ending November 14, 2020, New Hampshire’s 13-week insured unemployment rate (IUR) was 4.77 percent, falling below the 5.00 percent threshold necessary to remain ‘‘on’’ EB. Therefore, the EB period for New Hampshire ends on December 5, 2020. The state will remain in an ‘‘off’’ period for a minimum of 13 weeks. The trigger notice covering state eligibility for the EB program can be found at: http://ows.doleta.gov/ unemploy/claims_arch.as. Information for Claimants The duration of benefits payable in the EB program, and the terms and conditions on which they are payable, are governed by the Federal-State Extended Unemployment Compensation Act of 1970, as amended, and the operating instructions issued to the states by the U.S. Department of Labor. In the case of a state beginning an EB period, the State Workforce Agency will furnish a written notice of potential entitlement to each individual who has exhausted all rights to regular benefits and is potentially eligible for EB (20 CFR 615.13 (c) (1)). Persons who believe they may be entitled to EB, or who wish to inquire about their rights under the program, should contact their State Workforce Agency. PO 00000 Frm 00053 Fmt 4703 Sfmt 4703 86581 Signed in Washington, DC. John Pallasch, Assistant Secretary for Employment and Training. [FR Doc. 2020–28793 Filed 12–29–20; 8:45 am] BILLING CODE 4510–FW–P DEPARTMENT OF LABOR Employment and Training Administration Notice of a Change in Status of the Extended Benefit (EB) Program for Delaware, Minnesota, Mississippi, and Vermont Employment and Training Administration, Labor. ACTION: Notice. AGENCY: This notice announces a change in benefit period eligibility under the EB program for Delaware, Minnesota, Mississippi, and Vermont. FOR FURTHER INFORMATION CONTACT: U.S. Department of Labor, Employment and Training Administration, Office of Unemployment Insurance Room S– 4524, Attn: Thomas Stengle, 200 Constitution Avenue NW, Washington, DC 20210, telephone number (202) 693– 2991 (this is not a toll-free number) or by email: Stengle.Thomas@dol.gov. SUPPLEMENTARY INFORMATION: The following changes have occurred since the publication of the last notice regarding the States’ EB status: • Delaware completed the mandatory 13-week ‘‘on’’ period for a High Unemployment Period (HUP) stipulated by 20 CFR 615.11 on December 19, 2020, and based on the most recent data released by the Bureau of Labor Statistics, the state no longer meets the criteria for the HUP. As such, beginning December 20, 2020, the maximum potential entitlement for claimants in the EB program will decrease from 20 weeks to 13 weeks. • Based on the data submitted by Minnesota for the week ending November 28, 2020, Minnesota’s 13week insured unemployment rate (IUR) was 4.80 percent, falling below the 5.0 percent IUR threshold necessary to remain ‘‘on’’ EB. Therefore, the EB period for Minnesota ends on December 19, 2020. The state will remain in an ‘‘off’’ period for a minimum of 13 weeks. • Based on the data submitted by Mississippi for the week ending November 28, 2020, Mississippi’s 13week IUR was 4.70 percent, falling below the 5.0 IUR percent threshold necessary to remain ‘‘on’’ EB. Therefore, the EB period for Mississippi ends on E:\FR\FM\30DEN1.SGM 30DEN1

Agencies

[Federal Register Volume 85, Number 250 (Wednesday, December 30, 2020)]
[Notices]
[Pages 86580-86581]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-28822]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1132 (Modification)]


Certain Motorized Vehicles and Components Thereof; Notice of 
Commission Determination To Modify Remedial Orders; Termination of 
Modification Proceeding

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined to adopt with modification the findings of 
the presiding Administrative Law Judge (``ALJ'') in the Recommended 
Determination (``RD'') and to modify the limited exclusion order 
(``LEO'') and cease and desist orders (``CDOs'') (collectively, ``the 
remedial orders'') issued in this investigation to exempt the 
respondents' redesigned product from the scope of the remedial orders. 
The modification proceeding is terminated.

FOR FURTHER INFORMATION CONTACT: Houda Morad, Office of the General 
Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone (202) 708-4716. Copies of non-
confidential documents filed in connection with this investigation may 
be viewed on the Commission's electronic docket (EDIS) at https://edis.usitc.gov. For help accessing EDIS, please email 
[email protected]. 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. 
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 this investigation 
on September 13, 2018, based on a complaint, as amended, filed by FCA 
US LLC of Auburn Hills, Michigan (``Complainant''). See 83 FR 46517 
(Sept. 13, 2018). The complaint alleges violations of section 337 of 
the Tariff Act of 1930, as amended (19 U.S.C. 1337) (``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 Nos. 4,272,873; 2,862,487; 
2,161,779; 2,794,553; and 4,043,984 (collectively, ``the Asserted 
Trademarks''); (2) trademark dilution and unfair competition in 
violating the complainant's common law trademark rights; and (3) trade 
dress infringement. See id. The notice of investigation names Mahindra 
& Mahindra Ltd. of Mumbai, India and Mahindra Automotive North America, 
Inc. of Auburn Hills, Michigan (collectively, ``Respondents'') as 
respondents in this investigation. See id. The Office of Unfair Import 
Investigations is also a party to this investigation. See id.
    On November 8, 2019, the ALJ issued a final initial determination 
(``FID'') finding a violation of section 337. Specifically, the FID 
determined that Respondents' Roxor vehicle (2018-2019 model) infringes 
FCA's asserted trade dress but not its Asserted Trademarks. The FID 
also determined that Complainant did not establish trademark dilution.
    On June 11, 2020, the Commission determined to affirm the FID's 
determination of a violation of section 337. See 85 FR 36613-14 (June 
17, 2020). The Commission issued an LEO barring entry of articles that 
infringe the asserted trade dress and CDOs against both Respondents. 
The Commission declined to adjudicate Respondents' proposed redesigned 
vehicles and required Respondents to obtain a ruling (via an advisory 
opinion or a modification proceeding) from the Commission prior to any 
importation of redesigned vehicles or components thereof.
    On June 18, 2020, Respondents filed a petition for an expedited 
modification proceeding. On July 20, 2020, the Commission determined to 
institute a modification proceeding under section 337(k) (19 U.S.C. 
1337(k)) and Commission Rule 210.76 (19 CFR 210.76) to adjudicate trade 
dress infringement with respect to respondents' redesigned vehicle 
(``the Post-2020 ROXOR''). See 85 FR 44923-24 (July 24, 2020).
    On October 20, 2020, the ALJ issued his RD finding no trade dress 
infringement by Respondents' Post-2020 ROXOR vehicle. On October 30, 
2020, Complainant filed comments on the RD requesting that the 
Commission decline to adopt the RD's findings. On November 6, 2020, 
Respondents and the Commission's Investigative Attorney filed responses 
in opposition to Complainant's comments.
    Having reviewed the record of the underlying violation 
investigation, as well as the record of the modification proceeding, 
including the RD and the parties' comments and responses thereto, the 
Commission has determined to modify the LEO and CDOs to include an 
explicit exemption with respect to Respondents' Post-2020 ROXOR vehicle 
adjudicated in this modification proceeding. As explained in the 
Commission Opinion issued concurrently herewith, the Commission adopts 
the RD's findings with modification and affirms the RD's conclusion 
that the Post-2020 ROXOR vehicle does not infringe Complainant's

[[Page 86581]]

asserted trade dress. The modification proceeding is terminated.
    The Commission's vote on this determination took place on December 
22, 2020.
    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 22, 2020.
Katherine Hiner,
Acting Secretary to the Commission.
[FR Doc. 2020-28822 Filed 12-29-20; 8:45 am]
BILLING CODE 7020-02-P