Certain Replacement Automotive Lamps; Notice of the Commission's Final Determination Finding No Violation of Section 337; Termination of the Investigation, 18434-18435 [2024-05272]
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Federal Register / Vol. 89, No. 50 / Wednesday, March 13, 2024 / Notices
has further determined to review and,
on review, to take no position on certain
of the FID’s invalidity findings and the
findings that certain accused products
satisfy a dependent claim limitation of
the ’351 patent. The Commission has
determined not to review the remainder
of the FID.
The Commission issues its opinion
herewith setting forth its determinations
on certain issues. The investigation is
terminated.
The Commission vote for this
determination took place on March 7,
2024.
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: March 7, 2024.
Katherine Hiner,
Supervisory Attorney.
[FR Doc. 2024–05274 Filed 3–12–24; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–1291]
Certain Replacement Automotive
Lamps; Notice of the Commission’s
Final Determination Finding No
Violation of Section 337; Termination
of the Investigation
International Trade
Commission.
ACTION: Notice.
AGENCY:
Notice is hereby given that
the U.S. International Trade
Commission has determined that
complainants Kia Corporation and Kia
America, Inc. failed to demonstrate a
violation of section 337 of the Tariff Act
of 1930, as amended, by any of the
named respondents in the abovecaptioned investigation. The
investigation is terminated.
FOR FURTHER INFORMATION CONTACT:
Robert Needham, Office of the General
Counsel, U.S. International Trade
Commission, 500 E Street SW,
Washington, DC 20436, telephone (202)
708–5468. 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
lotter on DSK11XQN23PROD with NOTICES1
SUMMARY:
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17:33 Mar 12, 2024
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internet server (https://www.usitc.gov).
Hearing-impaired persons are advised
that information on this matter can be
obtained by contacting the
Commission’s TDD terminal, telephone
(202) 205–1810.
SUPPLEMENTARY INFORMATION: On
January 24, 2022, the Commission
instituted this investigation under
section 337 of the Tariff Act of 1930, as
amended, 19 U.S.C. 1337 (‘‘section
337’’), based on a complaint filed on
behalf of complainants Kia Corporation
of Seoul, Korea and Kia America, Inc. of
Irvine, California (collectively, ‘‘Kia’’).
87 FR 3584–85 (Jan. 24, 2022). The
complaint, as supplemented and
amended, alleges a violation of section
337 in the importation into the United
States, the sale for importation, and the
sale after importation within the United
States after importation of certain
replacement automotive lamps by
reason of infringement of U.S. Design
Patent Nos. D592,773 (the ‘‘’773
patent’’); D635,701 (the ‘‘’701 patent’’);
D636,506 (the ‘‘’506 patent’’); D650,931
(the ‘‘’931 patent’’); D695,933 (the ‘‘’933
patent’’); D705,963 (the ‘‘’963 patent’’);
D709,218 (the ‘‘’218 patent’’); D714,975
(the ‘‘’975 patent’’); D714,976 (the ‘‘’976
patent’’); D720,871 (the ‘‘’871 patent’’);
D749,757 (the ‘‘’757 patent’’); D749,762
(the ‘‘’762 patent’’); D749,764 (the ‘‘’764
patent’’); D774,222 (the ‘‘’222 patent’’);
D774,223 (the ‘‘’223 patent’’); D776,311
(the ‘‘’311 patent’’); D781,471 (the ‘‘’471
patent’’); D785,833 (the ‘‘’833 patent’’);
D785,836 (the ‘‘’836 patent’’); and
D792,989 (the ‘‘’989 patent’’) (together,
‘‘Asserted Patents’’). Id. at 3584. The
notice of investigation names as
respondents TYC Brother Industrial Co.,
Ltd. of Tainan, Taiwan; Genera
Corporation (dba TYC Genera) of Brea,
California; LKQ Corporation of Chicago,
Illinois; and Keystone Automotive
Industries, Inc. of Exeter, Pennsylvania
(together, ‘‘Respondents’’). The Office of
Unfair Import Investigations is not
participating in this investigation.
On February 7, 2022, the Chief ALJ
(‘‘CALJ’’) ordered an evidentiary hearing
for both Inv. Nos. 337–TA–1291 and
337–TA–1292 on the economic prong
pursuant to the Commission’s pilot
program for interim initial
determinations (‘‘IID’’). Order No. 6
(Feb. 7, 2022). The combined
evidentiary hearing was held on April
20, 2022. On July 1, 2022, the CALJ
issued an IID finding that Kia has
satisfied the economic prong of the
domestic industry requirement with
respect to all of the asserted design
patents. On August 24, 2022, the
Commission determined to review the
IID. Notice (Aug. 24, 2022). The
PO 00000
Frm 00064
Fmt 4703
Sfmt 4703
investigation was reassigned to the
presiding ALJ on July 6, 2022.
On January 24, 2023, the presiding
ALJ issued a final initial determination
(‘‘Final ID’’) finding a violation of
section 337 by Respondents with
respect to the ’773, ’701, ’506, ’931, ’933,
’218, ’975, ’976, ’871, ’762, ’764, ’222,
’223, ’311, ’833, ’836, and ’989 patents.
Final ID at 1. The Final ID finds no
violation with respect to the ’963, ’757,
and ’471 patents based on
noninfringement and failure to satisfy
the technical prong of the domestic
industry requirement. Id. at 1, 284–86.
The Final ID also finds that no asserted
patent is invalid as anticipated or
obvious. Id. Concerning the economic
prong of the domestic industry
requirement, the Final ID reduced Kia’s
alleged investments due to Kia’s failure
to establish that certain of its alleged
domestic industry products are
representative of other alleged domestic
industry products, but finds that the
economic prong of domestic industry
requirement is satisfied for all of the
Asserted Patents. Id. at 33–37.
On February 6, 2023, Respondents
filed a petition for review challenging
the Final ID’s findings on the economic
prong of the domestic industry
requirement, infringement, and validity.
Also on February 6, 2023, Kia filed a
petition for review challenging the Final
ID’s findings of noninfringement and
contingently petitioning regarding the
Final ID’s findings concerning nonsatisfaction of the technical prong of the
domestic industry requirement
regarding the ’963, ’757, and ’471
patents. On February 14, 2023, Kia and
Respondents filed responses to each
other’s petitions.
On January 25, 2023, the Commission
requested submissions regarding the
public interest. 88 FR 5919–20 (Jan. 30,
2023). The Commission received
submissions from Thomas Lee, Dennis
Shiau, Peter Nguyen, John Chang,
Raymond Tsai, Christopher Patti,
Edward Salamy, Paul Tetrault, Clark
Plucinski, Gay Gordon-Byrne, the
Alliance for Automotive Innovation,
and Gregory Cote. On February 23,
2023, the Commission also received
submissions on the public interest from
Respondents pursuant to Commission
Rule 210.50(a)(4). 19 CFR 210.50(a)(4).
On May 11, 2023, the Commission
determined to review the Final ID in its
entirety and sought briefing from the
parties on certain issues and briefing
from the parties, interested government
agencies, and the public concerning
remedy, bonding, and the public
interest. 88 FR 31520–22 (May 17,
2023). Kia and Respondents filed initial
E:\FR\FM\13MRN1.SGM
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Federal Register / Vol. 89, No. 50 / Wednesday, March 13, 2024 / Notices
submissions on May 25, 2023, and reply
submissions on June 1, 2023.
On June 15, 2023, Respondents
moved to strike a declaration of Brian
Sciumbato, who testified regarding the
public interest factors.
Having examined the record of this
investigation, including the IID, the
Final ID, the petitions, responses, and
other submissions from the parties and
the public, the Commission has
determined to vacate the IID and the
Final ID’s economic prong findings and
find that Kia has failed to satisfy the
economic prong of the domestic
industry requirement with respect to
any of the Asserted Patents. The
Commission has further determined to
take no position on the issues of
infringement, satisfaction of the
technical prong of the domestic industry
requirement, and invalidity. The
Commission also denies Respondents’
motion to strike the Sciumbato
declaration as moot.
The Commission’s determinations are
explained more fully in the
accompanying Opinion. All other
findings in the ID under review that are
consistent with the Commission’s
determinations are affirmed. The
investigation is hereby terminated.
Commissioner Schmidtlein does not
join the majority’s opinion but agrees
that Kia has failed to establish the
economic prong of the domestic
industry requirement for any of the
Asserted Patents. She therefore agrees
that there has been no violation of
section 337 in this investigation. She
explains her views in a concurring
opinion.
The Commission vote for this
determination took place on March 7,
2024.
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).
lotter on DSK11XQN23PROD with NOTICES1
By order of the Commission.
Issued: March 7, 2024.
Katherine Hiner,
Supervisory Attorney.
[FR Doc. 2024–05272 Filed 3–12–24; 8:45 am]
BILLING CODE 7020–02–P
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Jkt 262001
INTERNATIONAL TRADE
COMMISSION
[Investigation No. TA–201–078]
Fine Denier Polyester Staple Fiber;
Institution of Investigation, Scheduling
of Public Hearings, and Determination
That the Investigation Is
Extraordinarily Complicated
United States International
Trade Commission.
ACTION: Notice of institution of
investigation and scheduling of public
hearings.
AGENCY:
Following receipt of a petition
for import relief, as filed on February
28, 2024, the Commission has instituted
investigation No. TA–201–078 pursuant
to section 202 of the Trade Act of 1974
(‘‘the Act’’) to determine whether fine
denier polyester staple fiber (‘‘fine
denier PSF’’) is being imported into the
United States in such increased
quantities as to be a substantial cause of
serious injury, or the threat thereof, to
the domestic industry producing an
article like or directly competitive with
the imported article. The Commission
has deemed the petition to have been
filed on February 28, 2024. The
Commission has determined that this
investigation is ‘‘extraordinarily
complicated,’’ and will make its injury
determination by July 9, 2024. The
Commission will submit to the
President the report required under
section 202(f) of the Act within 180 days
after the date on which the petition was
filed, or by August 26, 2024.
DATES: Applicable February 28, 2024.
FOR FURTHER INFORMATION CONTACT:
Kristina Lara (202–205–3386), 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
this investigation may be viewed on the
Commission’s electronic docket (EDIS)
at https://edis.usitc.gov.
SUPPLEMENTARY INFORMATION:
Background.—This investigation is
being instituted, pursuant to section 202
of the Act (19 U.S.C. 2252), in response
to a petition, as filed on February 28,
2024, by Fiber Industries LLC d/b/a
SUMMARY:
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18435
Darling Fibers (‘‘Darling’’), Nan Ya
Plastics Corp, America (‘‘Nan Ya’’), and
Sun Fiber LLC (‘‘Sun Fiber’’), producers
of fine denier PSF in the United States.
Darling, Nan Ya, and Sun Fiber allege
that fine denier PSF is being imported
into the United States in such increased
quantities as to be a substantial cause of
serious injury, and the threat thereof, to
the domestic industry producing an
article like or directly competitive with
the imported article. The Commission
must submit its report on this
investigation to the President no later
than 180 days after institution, which in
this case falls on August 26, 2024. (19
U.S.C. 2252(f)).
The imported article covered by this
investigation is fine denier PSF, not
carded or combed, measuring less than
3.3 decitex (3 denier) in diameter. The
scope covers all fine denier PSF,
whether coated or uncoated. The
following products are not covered by
this investigation:
(1) PSF equal to or greater than 3.3
decitex (more than 3 denier, inclusive)
currently imported under HTSUS
statistical reporting numbers
5503.20.0045 and 5503.20.0065.
(2) Low-melt PSF defined as a
bicomponent polyester fiber having a
polyester fiber component that melts at
a lower temperature than the other
polyester fiber component, which is
currently imported under HTSUS
statistical reporting number
5503.20.0015.
For Customs purposes, the fine denier
PSF covered by the investigation is
provided for under Harmonized Tariff
Schedule of the United States
(‘‘HTSUS’’) subheading 5503.20.0025.
These HTSUS numbers are provided for
convenience and the written description
of the scope is dispositive.
Determination that investigation is
extraordinarily complicated.—The
Commission has determined that this
investigation is ‘‘extraordinarily
complicated’’ within the meaning of
section 202(b)(2)(B) of the Act (19 U.S.C.
2252(b)(2)(B)). The Commission’s
decision to designate this investigation
‘‘extraordinarily complicated’’ is based
on the complexity of the issues,
including the existence of antidumping
and countervailing duty orders on
certain imports covered by this
investigation. Ordinarily, the
Commission would have been required
to make its injury determination within
120 days after the petition was filed, or
by June 27, 2024. (19 U.S.C. 2252
(b)(2)(A)). The statute permits the
Commission to take up to 30 additional
days to make its injury determination in
an investigation where it determines
that the investigation is extraordinarily
E:\FR\FM\13MRN1.SGM
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]]>Agencies
[Federal Register Volume 89, Number 50 (Wednesday, March 13, 2024)]
[Notices]
[Pages 18434-18435]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-05272]
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1291]
Certain Replacement Automotive Lamps; Notice of the Commission's
Final Determination Finding No Violation of Section 337; Termination of
the Investigation
AGENCY: International Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that the U.S. International Trade
Commission has determined that complainants Kia Corporation and Kia
America, Inc. failed to demonstrate a violation of section 337 of the
Tariff Act of 1930, as amended, by any of the named respondents in the
above-captioned investigation. The investigation is terminated.
FOR FURTHER INFORMATION CONTACT: Robert Needham, Office of the General
Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202) 708-5468. 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 (https://www.usitc.gov). Hearing-impaired persons are advised that information
on this matter can be obtained by contacting the Commission's TDD
terminal, telephone (202) 205-1810.
SUPPLEMENTARY INFORMATION: On January 24, 2022, the Commission
instituted this investigation under section 337 of the Tariff Act of
1930, as amended, 19 U.S.C. 1337 (``section 337''), based on a
complaint filed on behalf of complainants Kia Corporation of Seoul,
Korea and Kia America, Inc. of Irvine, California (collectively,
``Kia''). 87 FR 3584-85 (Jan. 24, 2022). The complaint, as supplemented
and amended, alleges a violation of section 337 in the importation into
the United States, the sale for importation, and the sale after
importation within the United States after importation of certain
replacement automotive lamps by reason of infringement of U.S. Design
Patent Nos. D592,773 (the ``'773 patent''); D635,701 (the ``'701
patent''); D636,506 (the ``'506 patent''); D650,931 (the ``'931
patent''); D695,933 (the ``'933 patent''); D705,963 (the ``'963
patent''); D709,218 (the ``'218 patent''); D714,975 (the ``'975
patent''); D714,976 (the ``'976 patent''); D720,871 (the ``'871
patent''); D749,757 (the ``'757 patent''); D749,762 (the ``'762
patent''); D749,764 (the ``'764 patent''); D774,222 (the ``'222
patent''); D774,223 (the ``'223 patent''); D776,311 (the ``'311
patent''); D781,471 (the ``'471 patent''); D785,833 (the ``'833
patent''); D785,836 (the ``'836 patent''); and D792,989 (the ``'989
patent'') (together, ``Asserted Patents''). Id. at 3584. The notice of
investigation names as respondents TYC Brother Industrial Co., Ltd. of
Tainan, Taiwan; Genera Corporation (dba TYC Genera) of Brea,
California; LKQ Corporation of Chicago, Illinois; and Keystone
Automotive Industries, Inc. of Exeter, Pennsylvania (together,
``Respondents''). The Office of Unfair Import Investigations is not
participating in this investigation.
On February 7, 2022, the Chief ALJ (``CALJ'') ordered an
evidentiary hearing for both Inv. Nos. 337-TA-1291 and 337-TA-1292 on
the economic prong pursuant to the Commission's pilot program for
interim initial determinations (``IID''). Order No. 6 (Feb. 7, 2022).
The combined evidentiary hearing was held on April 20, 2022. On July 1,
2022, the CALJ issued an IID finding that Kia has satisfied the
economic prong of the domestic industry requirement with respect to all
of the asserted design patents. On August 24, 2022, the Commission
determined to review the IID. Notice (Aug. 24, 2022). The investigation
was reassigned to the presiding ALJ on July 6, 2022.
On January 24, 2023, the presiding ALJ issued a final initial
determination (``Final ID'') finding a violation of section 337 by
Respondents with respect to the '773, '701, '506, '931, '933, '218,
'975, '976, '871, '762, '764, '222, '223, '311, '833, '836, and '989
patents. Final ID at 1. The Final ID finds no violation with respect to
the '963, '757, and '471 patents based on noninfringement and failure
to satisfy the technical prong of the domestic industry requirement.
Id. at 1, 284-86. The Final ID also finds that no asserted patent is
invalid as anticipated or obvious. Id. Concerning the economic prong of
the domestic industry requirement, the Final ID reduced Kia's alleged
investments due to Kia's failure to establish that certain of its
alleged domestic industry products are representative of other alleged
domestic industry products, but finds that the economic prong of
domestic industry requirement is satisfied for all of the Asserted
Patents. Id. at 33-37.
On February 6, 2023, Respondents filed a petition for review
challenging the Final ID's findings on the economic prong of the
domestic industry requirement, infringement, and validity. Also on
February 6, 2023, Kia filed a petition for review challenging the Final
ID's findings of noninfringement and contingently petitioning regarding
the Final ID's findings concerning non-satisfaction of the technical
prong of the domestic industry requirement regarding the '963, '757,
and '471 patents. On February 14, 2023, Kia and Respondents filed
responses to each other's petitions.
On January 25, 2023, the Commission requested submissions regarding
the public interest. 88 FR 5919-20 (Jan. 30, 2023). The Commission
received submissions from Thomas Lee, Dennis Shiau, Peter Nguyen, John
Chang, Raymond Tsai, Christopher Patti, Edward Salamy, Paul Tetrault,
Clark Plucinski, Gay Gordon-Byrne, the Alliance for Automotive
Innovation, and Gregory Cote. On February 23, 2023, the Commission also
received submissions on the public interest from Respondents pursuant
to Commission Rule 210.50(a)(4). 19 CFR 210.50(a)(4).
On May 11, 2023, the Commission determined to review the Final ID
in its entirety and sought briefing from the parties on certain issues
and briefing from the parties, interested government agencies, and the
public concerning remedy, bonding, and the public interest. 88 FR
31520-22 (May 17, 2023). Kia and Respondents filed initial
[[Page 18435]]
submissions on May 25, 2023, and reply submissions on June 1, 2023.
On June 15, 2023, Respondents moved to strike a declaration of
Brian Sciumbato, who testified regarding the public interest factors.
Having examined the record of this investigation, including the
IID, the Final ID, the petitions, responses, and other submissions from
the parties and the public, the Commission has determined to vacate the
IID and the Final ID's economic prong findings and find that Kia has
failed to satisfy the economic prong of the domestic industry
requirement with respect to any of the Asserted Patents. The Commission
has further determined to take no position on the issues of
infringement, satisfaction of the technical prong of the domestic
industry requirement, and invalidity. The Commission also denies
Respondents' motion to strike the Sciumbato declaration as moot.
The Commission's determinations are explained more fully in the
accompanying Opinion. All other findings in the ID under review that
are consistent with the Commission's determinations are affirmed. The
investigation is hereby terminated.
Commissioner Schmidtlein does not join the majority's opinion but
agrees that Kia has failed to establish the economic prong of the
domestic industry requirement for any of the Asserted Patents. She
therefore agrees that there has been no violation of section 337 in
this investigation. She explains her views in a concurring opinion.
The Commission vote for this determination took place on March 7,
2024.
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: March 7, 2024.
Katherine Hiner,
Supervisory Attorney.
[FR Doc. 2024-05272 Filed 3-12-24; 8:45 am]
BILLING CODE 7020-02-P
