Certain Replacement Automotive Lamps II; Notice of the Commission's Final Determination Finding No Violation of Section 337; Termination of the Investigation, 18431-18432 [2024-05273]
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Federal Register / Vol. 89, No. 50 / Wednesday, March 13, 2024 / Notices
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DOE–LM
filed an application with the BLM that
requests the Secretary of the Interior to
permanently withdraw and transfer
administrative jurisdiction over the
following described public lands and
federally owned minerals, subject to
valid existing rights. DOE–LM has
requested that the land and minerals be
withdrawn from location and entry
under the United States mining laws,
from leasing under the mineral or
geothermal leasing laws, and from
disposal under the mineral materials
laws, subject to valid existing rights.
Under UMTRCA, as amended by the
Uranium Mill Tailings Remedial Action
Amendments Act of 1988 (42 U.S.C.
7916), the Secretary of the Interior may
make such permanent withdrawals and
transfers of administrative jurisdiction.
The Secretary’s actions under UMTRCA
are explicitly exempt from the
withdrawal and transfer provisions of
Section 204 of the Federal Land Policy
and Management Act of 1976, as
amended. The following public lands
are requested for permanent withdrawal
and jurisdictional transfer for long term
maintenance and monitoring by the
DOE–LM under applicable provisions of
UMTRCA:
SUPPLEMENTARY INFORMATION:
New Mexico Principal Meridian,
Colorado
lotter on DSK11XQN23PROD with NOTICES1
The area described contains 70 acres
of public lands, according to the official
plat of the survey of the said land on file
with the BLM.
The purpose of the requested
withdrawal and transfer of
administrative jurisdiction is to allow
the DOE–LM to administer the lands in
perpetuity as a hazardous material site
under the authority of UMTRCA, 42
U.S.C. 7902 et seq.
17:33 Mar 12, 2024
Jkt 262001
Douglas J. Vilsack,
BLM Colorado State Director.
[FR Doc. 2024–05341 Filed 3–12–24; 8:45 am]
BILLING CODE 6450–01–P
[USITC SE–24–012]
Sunshine Act Meetings
United
States International Trade Commission.
TIME AND DATE: March 21, 2024 at 11:00
a.m.
PLACE: Room 101, 500 E Street SW,
Washington, DC 20436, Telephone:
(202) 205–2000.
STATUS: Open to the public.
MATTERS TO BE CONSIDERED:
1. Agendas for future meetings: none.
2. Minutes.
3. Ratification List.
4. Commission vote on Inv. No. 731–
TA–1203 (Review) (Xanthan Gum from
China). The Commission currently is
AGENCY HOLDING THE MEETING:
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scheduled to complete and file its
determination and views of the
Commission on April 1, 2024.
5. Outstanding action jackets: none.
CONTACT PERSON FOR MORE INFORMATION:
Sharon Bellamy, Supervisory Hearings
and Information Officer, 202–205–2000.
The Commission is holding the
meeting under the Government in the
Sunshine Act, 5 U.S.C. 552(b). In
accordance with Commission policy,
subject matter listed above, not disposed
of at the scheduled meeting, may be
carried over to the agenda of the
following meeting.
By order of the Commission.
Issued: March 11, 2024.
Sharon Bellamy,
Supervisory Hearings and Information
Officer.
[FR Doc. 2024–05484 Filed 3–11–24; 4:15 pm]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–1292]
Certain Replacement Automotive
Lamps II; 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 (‘‘Commission’’) has found
no violation of section 337 of the Tariff
Act of 1930, as amended, in the abovecaptioned investigation. The
investigation is terminated.
FOR FURTHER INFORMATION CONTACT:
Lynde Herzbach, Office of the General
Counsel, U.S. International Trade
Commission, 500 E Street SW,
Washington, DC 20436, telephone (202)
205–3228. 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.
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: On
January 24, 2022, the Commission
instituted this investigation under
SUMMARY:
(Authority: 42 U.S.C. 7916)
INTERNATIONAL TRADE
COMMISSION
T. 46 N., R. 16 W.,
sec. 34, E1⁄2NE1⁄4NE1⁄4SW1⁄4,
E1⁄2SE1⁄4NE1⁄4SW1⁄4,
E1⁄2NE1⁄4SE1⁄4SW1⁄4, N1⁄2SW1⁄4SE1⁄4,
and N1⁄2SE1⁄4SE1⁄4;
sec. 35, W1⁄2NW1⁄4NW1⁄4SW1⁄4,
W1⁄2SW1⁄4NW1⁄4SW1⁄4, and
W1⁄2NW1⁄4SW1⁄4SW1⁄4.
VerDate Sep<11>2014
For a period until April 12, 2024, all
persons who wish to submit comments,
suggestions, or objections in connection
with the DOE–LM application may
present their views in writing to the
BLM Colorado State Office at the
address listed in the ADDRESSES section
above. Records related to the
applications may be examined by
contacting the BLM Colorado State
Office at the address listed in the
ADDRESSES; section above. The BLM is
preparing an environmental assessment
under the National Environmental
Policy Act in connection with the
requested withdrawal and jurisdictional
transfer. On March 22, 2022, the BLM
posted a project description for DOI–
BLM–CO–S050–2022–0013–EA on its ePlanning site at eplanning.blm.gov/
eplanning-ui/project/2018643/510.
Comments will be available for public
review at the BLM Colorado State Office
during regular business hours, 8:00 a.m.
to 4:30 p.m. Monday through Friday,
except Federal holidays. Before
including your address, phone number,
email address, or other personal
identifying information in your
comment, you should be aware that
your entire comment—including your
personal identifying information—may
be made publicly available at any time.
While you can ask us in your comment
to withhold your personal identifying
information from public review, we
cannot guarantee that we will be able to
do so.
18431
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13MRN1
lotter on DSK11XQN23PROD with NOTICES1
18432
Federal Register / Vol. 89, No. 50 / Wednesday, March 13, 2024 / Notices
section 337 of the Tariff Act of 1930, as
amended, 19 U.S.C. 1337 (‘‘section
337’’), based on a complaint filed by
Hyundai Motor Company of Seoul,
Republic of Korea and Hyundai Motor
America, Inc. of Fountain Valley, CA
(collectively, ‘‘Hyundai’’). See 87 FR
3583–84 (Jan. 24, 2022). The complaint
alleges a violation of section 337 based
upon the importation into the United
States, sale for importation, or sale after
importation into the United States of
certain replacement automotive lamps
by reason of infringement of certain
claims of U.S. Design Patent Nos.
D617,478; D618,835; D618,836;
D631,583; D637,319; D640,812;
D655,835; D664,690; D709,217;
D736,436; D738,003; D739,057;
D739,574; D740,980; D759,864;
D759,865; D771,292; D780,351;
D818,163; D829,947; and D834,225
(collectively, ‘‘Asserted Patents’’). Id.
The complaint further alleges that a
domestic industry exists. Id. The notice
of investigation names four respondents:
(1) TYC Brother Industrial Co., Ltd. of
Tainan, Taiwan; (2) Genera Corporation
(dba. TYC Genera) of Brea, California;
(3) LKQ Corporation of Chicago, Illinois;
and (4) Keystone Automotive Industries,
Inc. of Exeter, Pennsylvania
(collectively, ‘‘Respondents’’). Id. The
Office of Unfair Import Investigations is
not named as a party.
On February 7, 2022, the Chief
Administrative Law Judge (‘‘CALJ’’)
ordered an evidentiary hearing for both
Inv. Nos. 337–TA–1291 and 337–TA–
1292 on the economic prong of the
domestic industry requirement pursuant
to the Commission’s pilot program for
interim initial determinations (‘‘IID’’).
See Order No. 7 (Feb. 7, 2022). The
combined evidentiary hearing was held
on April 20, 2022. On July 1, 2022, the
CALJ issued an IID finding that Hyundai
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. See Comm’n Notice (Aug. 24, 2022).
On January 24, 2023, the CALJ issued
a final initial determination (‘‘FID’’)
finding a violation of section 337 by
Respondents based on infringement of
each of the Asserted Patents. The FID
also finds that no Asserted Patent is
invalid as anticipated or obvious. The
FID further finds that Hyundai has
satisfied the technical prong as to
certain representative domestic industry
products. Concerning the economic
prong of the domestic industry
requirement, the FID reduces Hyundai’s
alleged investments due to Hyundai’s
failure to establish that certain of its
alleged domestic industry products are
VerDate Sep<11>2014
17:33 Mar 12, 2024
Jkt 262001
representative of other alleged domestic
industry products. The FID finds,
however, that the economic prong of the
domestic industry requirement is
satisfied for all of the Asserted Patents
based on the reduced investments. The
CALJ also simultaneously issued a
recommended determination on remedy
and bonding (‘‘RD’’) recommending
that, if the Commission finds a
violation, it should issue a limited
exclusion order but not issue any cease
and desist order against any of
Respondents.
On February 6, 2023, Respondents
filed a petition for review challenging
the FID’s findings on the economic
prong of the domestic industry
requirement, infringement, and validity.
Also on February 6, 2023, Hyundai filed
a petition for review challenging the
RD’s recommendations and contingently
petitioning regarding the FID’s findings
concerning non-satisfaction of the
technical prong of the domestic industry
requirement for certain nonrepresentative products. On February
14, 2023, Respondents and Hyundai
filed responses to each other’s petitions.
On February 23, 2023, the
Commission received public interest
submissions pursuant to Commission
Rule 210.50(a)(4) from the LKQ
Respondents and the TYC Respondents.
19 CFR 210.50(a)(4). On February 22
and 23, 2023, the Commission received
twelve responses to the Commission
notice seeking public interest
submission. 88 FR 7759–7760 (Feb. 6,
2023).
On May 11, 2023, the Commission
determined to review the FID in its
entirety. 88 FR 31522–24 (May 17,2023).
The Commission asked the parties to
address four questions, which related to
infringement, the technical prong of the
domestic industry requirement, and the
economic prong of the domestic
industry requirement. Id. The
Commission also requested briefing
from the parties, interested government
agencies, and the public concerning
remedy, bonding, and the public
interest. Id.
On May 25, 2023, Hyundai and
Respondents filed their initial written
responses to the Commission’s request
for briefing. On June 1, 2023, Hyundai
and Respondents filed their reply
submission.
On June 15, 2023, Respondents filed
a motion to strike a declaration filed
with the Hyundai reply submission. On
June 26, 2023, Hyundai filed an
opposition to the motion to strike.
Having reviewed the record of the
investigation, including the IID, the FID,
and the parties’ petitions, responses,
and other submissions, the Commission
PO 00000
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Fmt 4703
Sfmt 9990
has determined to find no violation of
section 337 with respect to the Asserted
Patents. Specifically, the Commission
has determined to vacate the IID and the
FID’s economic prong findings and find
that Hyundai 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 further finds that
Respondents’ motion to strike the
declaration filed with Hyundai’s reply
submission is moot in view of the
finding that there is no violation of
section 337 and the public interest
factors do not need to be addressed.
The investigation is terminated with a
finding of no violation of section 337.
The Commission’s reasoning in support
of its determinations is set forth more
fully in its opinion.
Commissioner Schmidtlein does not
join the majority’s opinion but agrees
that Hyundai 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. 2024–05273 Filed 3–12–24; 8:45 am]
BILLING CODE 7020–02–P
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]]>Agencies
[Federal Register Volume 89, Number 50 (Wednesday, March 13, 2024)]
[Notices]
[Pages 18431-18432]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-05273]
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1292]
Certain Replacement Automotive Lamps II; 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 (``Commission'') has found no violation of section 337 of
the Tariff Act of 1930, as amended, in the above-captioned
investigation. The investigation is terminated.
FOR FURTHER INFORMATION CONTACT: Lynde Herzbach, Office of the General
Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202) 205-3228. 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. 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: On January 24, 2022, the Commission
instituted this investigation under
[[Page 18432]]
section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337
(``section 337''), based on a complaint filed by Hyundai Motor Company
of Seoul, Republic of Korea and Hyundai Motor America, Inc. of Fountain
Valley, CA (collectively, ``Hyundai''). See 87 FR 3583-84 (Jan. 24,
2022). The complaint alleges a violation of section 337 based upon the
importation into the United States, sale for importation, or sale after
importation into the United States of certain replacement automotive
lamps by reason of infringement of certain claims of U.S. Design Patent
Nos. D617,478; D618,835; D618,836; D631,583; D637,319; D640,812;
D655,835; D664,690; D709,217; D736,436; D738,003; D739,057; D739,574;
D740,980; D759,864; D759,865; D771,292; D780,351; D818,163; D829,947;
and D834,225 (collectively, ``Asserted Patents''). Id. The complaint
further alleges that a domestic industry exists. Id. The notice of
investigation names four respondents: (1) TYC Brother Industrial Co.,
Ltd. of Tainan, Taiwan; (2) Genera Corporation (dba. TYC Genera) of
Brea, California; (3) LKQ Corporation of Chicago, Illinois; and (4)
Keystone Automotive Industries, Inc. of Exeter, Pennsylvania
(collectively, ``Respondents''). Id. The Office of Unfair Import
Investigations is not named as a party.
On February 7, 2022, the Chief Administrative Law Judge (``CALJ'')
ordered an evidentiary hearing for both Inv. Nos. 337-TA-1291 and 337-
TA-1292 on the economic prong of the domestic industry requirement
pursuant to the Commission's pilot program for interim initial
determinations (``IID''). See Order No. 7 (Feb. 7, 2022). The combined
evidentiary hearing was held on April 20, 2022. On July 1, 2022, the
CALJ issued an IID finding that Hyundai 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. See Comm'n Notice (Aug. 24, 2022).
On January 24, 2023, the CALJ issued a final initial determination
(``FID'') finding a violation of section 337 by Respondents based on
infringement of each of the Asserted Patents. The FID also finds that
no Asserted Patent is invalid as anticipated or obvious. The FID
further finds that Hyundai has satisfied the technical prong as to
certain representative domestic industry products. Concerning the
economic prong of the domestic industry requirement, the FID reduces
Hyundai's alleged investments due to Hyundai's failure to establish
that certain of its alleged domestic industry products are
representative of other alleged domestic industry products. The FID
finds, however, that the economic prong of the domestic industry
requirement is satisfied for all of the Asserted Patents based on the
reduced investments. The CALJ also simultaneously issued a recommended
determination on remedy and bonding (``RD'') recommending that, if the
Commission finds a violation, it should issue a limited exclusion order
but not issue any cease and desist order against any of Respondents.
On February 6, 2023, Respondents filed a petition for review
challenging the FID's findings on the economic prong of the domestic
industry requirement, infringement, and validity. Also on February 6,
2023, Hyundai filed a petition for review challenging the RD's
recommendations and contingently petitioning regarding the FID's
findings concerning non-satisfaction of the technical prong of the
domestic industry requirement for certain non-representative products.
On February 14, 2023, Respondents and Hyundai filed responses to each
other's petitions.
On February 23, 2023, the Commission received public interest
submissions pursuant to Commission Rule 210.50(a)(4) from the LKQ
Respondents and the TYC Respondents. 19 CFR 210.50(a)(4). On February
22 and 23, 2023, the Commission received twelve responses to the
Commission notice seeking public interest submission. 88 FR 7759-7760
(Feb. 6, 2023).
On May 11, 2023, the Commission determined to review the FID in its
entirety. 88 FR 31522-24 (May 17,2023). The Commission asked the
parties to address four questions, which related to infringement, the
technical prong of the domestic industry requirement, and the economic
prong of the domestic industry requirement. Id. The Commission also
requested briefing from the parties, interested government agencies,
and the public concerning remedy, bonding, and the public interest. Id.
On May 25, 2023, Hyundai and Respondents filed their initial
written responses to the Commission's request for briefing. On June 1,
2023, Hyundai and Respondents filed their reply submission.
On June 15, 2023, Respondents filed a motion to strike a
declaration filed with the Hyundai reply submission. On June 26, 2023,
Hyundai filed an opposition to the motion to strike.
Having reviewed the record of the investigation, including the IID,
the FID, and the parties' petitions, responses, and other submissions,
the Commission has determined to find no violation of section 337 with
respect to the Asserted Patents. Specifically, the Commission has
determined to vacate the IID and the FID's economic prong findings and
find that Hyundai 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 further
finds that Respondents' motion to strike the declaration filed with
Hyundai's reply submission is moot in view of the finding that there is
no violation of section 337 and the public interest factors do not need
to be addressed.
The investigation is terminated with a finding of no violation of
section 337. The Commission's reasoning in support of its
determinations is set forth more fully in its opinion.
Commissioner Schmidtlein does not join the majority's opinion but
agrees that Hyundai 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. 2024-05273 Filed 3-12-24; 8:45 am]
BILLING CODE 7020-02-P
