Certain Pick-Up Truck Folding Bed Cover Systems and Components Thereof (III); Notice of a Commission Final Determination of Violation of Section 337; Issuance of a General Exclusion Order and Two Cease and Desist Orders; Termination of the Investigation, 78328-78330 [2024-21905]
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78328
Federal Register / Vol. 89, No. 186 / Wednesday, September 25, 2024 / Notices
5:00 p.m. (HST); Tuesday, October 22,
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ADDRESSES: October 21–22, 2024: Queen
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Hyatt Place Waikiki Beach, 175
Paoakalani Ave., Honolulu, HI 96815.
FOR FURTHER INFORMATION CONTACT: For
information concerning attending the
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address the ISAC, contact Kelsey
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Species Council Staff, telephone (202)
577–7012; fax: (202) 208–4118, or email
kelsey_brantley@ios.doi.gov.
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SUPPLEMENTARY INFORMATION: The
purpose of the ISAC is to provide advice
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Orders 13112 and 13751, on a broad
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introduction of invasive species and
providing for their control and
minimizing the economic, ecological,
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The purpose of the in-person meeting
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He1eia to observe on-the-ground efforts
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in wetland restoration and invasive
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ios.doi.gov, no later than Friday,
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PO 00000
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brantley@ios.doi.gov, up to 30 days
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Authority: 5 U.S.C. ch. 10.
Stanley W. Burgiel,
Executive Director, National Invasive Species
Council.
[FR Doc. 2024–21865 Filed 9–24–24; 8:45 am]
BILLING CODE 4334–63–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–1353]
Certain Pick-Up Truck Folding Bed
Cover Systems and Components
Thereof (III); Notice of a Commission
Final Determination of Violation of
Section 337; Issuance of a General
Exclusion Order and Two Cease and
Desist Orders; Termination of the
Investigation
International Trade
Commission.
ACTION: Notice.
AGENCY:
Notice is hereby given that
the U.S. International Trade
Commission has previously determined
that there is a violation of section 337
of the Tariff Act of 1930, as amended,
in the above-captioned investigation.
The Commission has issued a general
exclusion order (‘‘GEO’’) barring entry
of certain pick-up truck folding bed
cover systems and components thereof
that infringe certain claims of two
patents asserted in this investigation,
and cease and desist orders (‘‘CDOs’’)
against RDJ Trucks, LLC and Trek
Power, Inc. The investigation is
terminated.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Robert Needham, Esq., Office of the
General Counsel, U.S. International
Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202)
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ddrumheller on DSK120RN23PROD with NOTICES1
Federal Register / Vol. 89, No. 186 / Wednesday, September 25, 2024 / Notices
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
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: The
Commission instituted this investigation
on February 27, 2023, based on a
complaint, as supplemented and
amended, filed by Extang Corporation of
Ann Arbor, Michigan (‘‘Extang’’);
Laurmark Enterprises, Inc. d/b/a BAK
Industries (‘‘BAK’’) of Ann Arbor,
Michigan; and UnderCover, Inc. of
Rogersville, Missouri (together,
‘‘Complainants’’). 88 FR 12422–23 (Feb.
27, 2023). The complaint alleged
violations of section 337 in the
importation into the United States, the
sale for importation, and the sale within
the United States after importation of
certain pick-up truck folding bed cover
systems and components thereof by
reason of infringement of certain claims
of U.S. Patent Nos. 7,188,888; 7,484,788
(‘‘the ’788 patent’’); 8,061,758 (‘‘the ’758
patent’’); 7,537,264; 8,182,021;
8,690,224; and 9,815,358. Id. at 12422.
The Commission’s notice of
investigation named 21 respondents: 4
Wheel Parts of Compton, California;
American Trucks of Lenexa, Kansas;
Auto Dynasty a/k/a Shun Fung Int’l Inc.
of City of Industry, California;
AUTOSTARLAND Technology (US),
Inc. of Riverside, California; DNA
Motoring of City of Industry, California;
Fanciest Pickup Accessories of
Riverside, California; Future Trucks a/k/
a Future Trading Company, LLC of
Houston, Texas; Ikon Motorsports, Inc.
of City of Industry, California; Jiaxing
Kscar Auto Accessories Co., Ltd. a/k/a
KSC Auto of Pinghu City, China; Kiko
Kikito of Ruian City, China; Lyon Cover
Auto a/k/a Truck Tonneau Covers of
Wenzhou City, China; Mamoru Cover, a/
k/a Ningbo Surpass Auto Parts Co., Ltd.
of Ningbo City, China; MOSTPLUS Auto
of Hong Kong, China; Newpowa
America, Inc. of Ontario, California;
New Home Materials, Inc. of Riverside,
California; OEDRO of Kent, Washington;
Pickup Zone, a/k/a Dai Qun Feng of
Riverside, California; RDJ Trucks, LLC
of Talmo, Georgia (‘‘RDJ’’); Smittybilt,
Inc. of Compton, California; Trek Power,
Inc. of Placentia, California (‘‘Trek’’);
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17:28 Sep 24, 2024
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and Wenzhou Tianmao Automobile
Parts Co., Ltd. of Wenzhou, China. Id.
The Office of Unfair Import
Investigations (‘‘OUII’’) is participating
in this investigation. Id.
The Commission subsequently
granted leave to amend the complaint
and notice of investigation to change the
names of several respondents. Order No.
9 (May 4, 2023), unreviewed by Notice,
see 88 FR 36615–16 (Jun. 5, 2023).
Specifically, the Commission granted
leave to change the names of: (1)
respondents 4 Wheel Parts and
Smittybilt, Inc. to TAP Worldwide, LLC
d/b/a 4 Wheel Parts; (2) respondent
MOSTPLUS Auto to Ultimate Motor
Parts Limited; (3) respondent OEDRO to
Hong Kong Yintatech Network Co., Ltd.
a/k/a OEDRO; (4) respondent Ikon
Motorsports, Inc. to Advance Tuning,
LLC d/b/a Ikon Motorsports, Inc.; (5)
respondents AUTOSTARLAND
Technology (US), Inc. and Pickup Zone
a/k/a Dai Qun Feng to Autostarland
Technology (US), Inc. dba Pickup Zone;
(6) respondent Mamoru Cover a/k/a
Ningbo Surpass Auto Parts Co., Ltd. to
Ningbo Surpass Auto Parts Co., Ltd.; (7)
respondent American Trucks to
American Trucks Inc. and Turn 5 d/b/
a American Trucks; (8) respondent Kiko
Kikito to Wenzhou Tianmao
Automobile Parts Co., Ltd. DBA Kikito
and Rui’an Yiming Trading Co. Ltd.;
and (9) respondent Lyon Cover Auto a/
k/a Truck Tonneau Covers to Wenzhou
Tianmao Automobile Parts Co., Ltd.
DBA Lyon Cover and Wenzhou
Chaoming Auto Parts Co., Ltd.
The Commission also subsequently
terminated certain respondents based on
settlement and/or the entry of a consent
order. Order No. 15 (Jun. 13, 2023),
unreviewed by Notice (Jul. 11, 2023)
(terminating TAP Worldwide, LLC d/b/
a 4 Wheel Parts based on a settlement
agreement); Order No. 17 (Jul. 11, 2023),
unreviewed by Notice (Aug. 9, 2023)
(terminating Advance Tuning, LLC d/b/
a Ikon Motorsport, Inc. based on the
entry of a consent order); Order No. 18
(Jul. 18, 2023), unreviewed by Notice
(Aug. 16, 2023) (terminating American
Trucks, Inc. and Turn 5 d/b/a American
Trucks based on a settlement
agreement); Order Nos. 22, 23, and 24
(Jul. 31, 2023), unreviewed by Notice
(Aug. 28, 2023) (terminating Ningbo
Surpass Auto Parts Co., Ltd., Newpowa
America, Inc., and New Home Materials,
Inc. based on settlement and entry of a
consent order); Order Nos. 25 and 26
(Aug. 1, 2023), unreviewed by Notice
(Aug. 30, 2023) (terminating
Autostarland Technology (US), Inc. d/b/
a Pickup Zone and Fanciest Pickup
Accessories based on settlement and
entry of a consent order); Order No. 27
PO 00000
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78329
(Aug. 21, 2023), unreviewed by Notice
(Sept. 19, 2023) (terminating Auto
Dynasty a/k/a Shun Fung International
Inc. based on settlement and entry of a
consent order); Order No. 28 (Aug. 24,
2023), unreviewed by Corrected Notice
(Sept. 20, 2023) (terminating DNA
Motoring based on settlement and entry
of a consent order); Order Nos. 29 and
30 (Aug. 25, 2023), unreviewed by
Notice (Sept. 21, 2023) (terminating
Wenzhou Tianmao Automobile Parts
Co., Ltd., Wenzhou Tianmao
Automobile Parts Co., Ltd. DBA Kikito,
Rui’an Yiming Trading Co. Ltd.,
Wenzhou Tianmao Automobile Parts
Co., Ltd. DBA Lyon Cover, Wenzhou
Chaoming Auto Parts Co., Ltd., Jiaxing
Kscar Auto Accessories Co. Ltd. a/k/a
KSC Auto, Future Trucks a/k/a Future
Trading Co., LLC, Ultimate Motor Parts
Limited, and Hong Kong Yintatech
Network Co., Ltd. based on settlement
and entry of a consent order).
On August 22, 2023, the Commission
found RDJ and Trek in default. Order
No. 19 (Jul. 21, 2023), unreviewed by
Notice (Aug. 22, 2023). On October 6,
2023, Extang and BAK (‘‘Movants’’)
filed a motion for a summary
determination of violation with respect
to claims 2–4 of the ’758 patent and
claims 1–3 of the ’788 patent, and
requested the entry of a GEO, the entry
of CDOs against RDJ and Trek, and the
imposition of a bond rate of 100 percent
of the entered value of infringing
articles imported during the period of
Presidential review. On October 27,
2023, OUII filed a response in support
of the motion and the requested
remedial relief.
On April 23, 2024, the ALJ issued an
initial determination (Order No. 33)
(‘‘ID’’) granting the Movants’ motion for
summary determination of violation and
included a recommended determination
on remedy and bond (‘‘RD’’)
recommending issuance of a GEO, the
issuance of CDOs against RDJ and Trek,
and the imposition of a bond in the
amount of 100 percent of the entered
value of infringing products during the
period of Presidential review.
Specifically, the ID finds that: (1) the
importation requirement is satisfied; (2)
all of the remaining asserted claims are
infringed by RDJ’s and Trek’s products;
and (3) Movants have satisfied the
domestic industry requirement with
respect to the ’758 and ’788 patents. In
support of its recommendation for
issuance of a GEO, the RD finds that: (1)
a GEO is necessary in this investigation
to prevent circumvention of a limited
exclusion order and (2) the record
shows a pattern of violation of section
337 through importation of articles that
infringe the ’758 and ’788 patents, and
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Federal Register / Vol. 89, No. 186 / Wednesday, September 25, 2024 / Notices
ddrumheller on DSK120RN23PROD with NOTICES1
the source of those infringing articles is
difficult to identify. No party petitioned
for review of the ID.
On June 7, 2024, the Commission
determined not to review the ID and
sought briefing on remedy, the public
interest, and bonding. 89 FR 50370–72
(Jun. 13, 2024). On June 21, 2024, the
Commission received initial responses
from the Movants and OUII. On June 24,
2024, the Commission received a
response from non-party Rough Country
LLC. On June 28, 2024, the Commission
received reply responses from OUII.
Having reviewed the written
submissions and the evidentiary record,
the Commission has determined that the
appropriate remedy in this investigation
is a GEO prohibiting the unlicensed
importation of certain pick-up truck
folding bed cover systems and
components thereof that infringe claims
2–4 of the ’758 patent and claims 1–3
of the ’788 patent and CDOs against RDJ
and Trek with respect to those claims.
The Commission has further determined
that the public interest factors
enumerated in section 337(d), (f), and
(g) (19 U.S.C. 1337(d), (f), and (g)) do not
preclude issuance of the GEO or CDOs.
Finally, the Commission has determined
to impose a bond in the amount of one
hundred (100) percent of the entered
value of the infringing articles that are
imported during the period of
Presidential review (19 U.S.C. 1337(j)).
The investigation is hereby terminated
in its entirety.
The Commission’s order and opinion
were delivered to the President and to
the United States Trade Representative
on the day of their issuance. The
Commission has also notified the
Secretary of the Treasury and Customs
and Border Protection of the order.
The Commission vote for these
determinations took place on September
19, 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: September 19, 2024.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2024–21905 Filed 9–24–24; 8:45 am]
BILLING CODE 7020–02–P
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INTERNATIONAL TRADE
COMMISSION
[Investigation Nos. 701–TA–687 and 731–
TA–1614 (Final)]
Brass Rod From Israel
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 brass rod from Israel, provided for in
subheadings 7407.21.15, 7407.21.30,
7407.21.70, and 7407.21.90 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 subsidized by the government of
Israel.2 3
Background
The Commission instituted these
investigations effective April 27, 2023,
following receipt of petitions filed with
the Commission and Commerce by
American Brass Rod Fair Trade
Coalition, Washington, District of
Columbia; Mueller Brass Co., Port
Huron, Michigan; and Wieland Chase
LLC, Montpelier, Ohio. The
Commission scheduled the final phase
of the investigations following
notification of a preliminary
determination by Commerce that
imports of brass rod from India were
subsidized within the meaning of
section 703(b) of the Act (19 U.S.C.
1671b(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 of
October 5, 2023 (88 FR 6922). The
Commission conducted its hearing on
December 12, 2023. All persons who
requested the opportunity were
permitted to participate.
The investigation schedules became
staggered when Commerce did not align
its countervailing duty investigation
regarding India with its antidumping
duty investigation regarding India, and
reached an earlier final countervailing
1 The
record is defined in § 207.2(f) of the
Commission’s Rules of Practice and Procedure (19
CFR 207.2(f)).
2 89 FR 63402 and 89 FR 63410, August 5, 2024.
3 Commissioner David S. Johanson dissenting.
PO 00000
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Fmt 4703
Sfmt 4703
duty determination. On February 1,
2024, the Commission issued a final
affirmative determination in its
countervailing duty investigation of
brass rod from India (89 FR 8440,
February 7, 2024). On June 5, 2024, the
Commission issued final affirmative
determinations in its countervailing
duty investigation of brass rod from
South Korea and its antidumping duty
investigations of brass rod from Brazil,
India, Mexico, South Africa, and South
Korea (89 FR 49193, June 11, 2024). The
investigation schedules became further
staggered when Commerce aligned its
countervailing duty investigation
regarding Israel with its antidumping
duty investigation regarding Israel and
tolled all deadlines for its antidumping
duty investigation regarding Israel by 90
days.
Following notification of final
determinations by Commerce that
imports of brass rod from Israel were
being sold at LTFV within the meaning
of section 735(a) of the Act (19 U.S.C.
1673d(a)) and were being subsidized by
the government of Israel within the
meaning of section 705(a) of the Act (19
U.S.C. 1671d(a)), notice of the
supplemental scheduling of the final
phase of the Commission’s antidumping
duty and countervailing duty
investigations regarding brass rod from
Israel 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 of August
16, 2024 (89 FR 66738).
The Commission made these
determinations pursuant to § 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 September 19, 2024.
The views of the Commission are
contained in USITC Publication 5545
(September 2024), entitled Brass Rod
from Israel: Investigation Nos. 701–TA–
687 and 731–TA–1614 (Final).
By order of the Commission.
Issued: September 19, 2024.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2024–21891 Filed 9–24–24; 8:45 am]
BILLING CODE 7020–02–P
DEPARTMENT OF JUSTICE
Antitrust Division
United States v. Ryan Cohen;
Proposed Final Judgment and
Competitive Impact Statement
Notice is hereby given pursuant to the
Antitrust Procedures and Penalties Act,
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]]>Agencies
[Federal Register Volume 89, Number 186 (Wednesday, September 25, 2024)]
[Notices]
[Pages 78328-78330]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-21905]
=======================================================================
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1353]
Certain Pick-Up Truck Folding Bed Cover Systems and Components
Thereof (III); Notice of a Commission Final Determination of Violation
of Section 337; Issuance of a General Exclusion Order and Two Cease and
Desist Orders; Termination of the Investigation
AGENCY: International Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that the U.S. International Trade
Commission has previously determined that there is a violation of
section 337 of the Tariff Act of 1930, as amended, in the above-
captioned investigation. The Commission has issued a general exclusion
order (``GEO'') barring entry of certain pick-up truck folding bed
cover systems and components thereof that infringe certain claims of
two patents asserted in this investigation, and cease and desist orders
(``CDOs'') against RDJ Trucks, LLC and Trek Power, Inc. The
investigation is terminated.
FOR FURTHER INFORMATION CONTACT: Robert Needham, Esq., Office of the
General Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202)
[[Page 78329]]
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 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: The Commission instituted this investigation
on February 27, 2023, based on a complaint, as supplemented and
amended, filed by Extang Corporation of Ann Arbor, Michigan
(``Extang''); Laurmark Enterprises, Inc. d/b/a BAK Industries (``BAK'')
of Ann Arbor, Michigan; and UnderCover, Inc. of Rogersville, Missouri
(together, ``Complainants''). 88 FR 12422-23 (Feb. 27, 2023). The
complaint alleged violations of section 337 in the importation into the
United States, the sale for importation, and the sale within the United
States after importation of certain pick-up truck folding bed cover
systems and components thereof by reason of infringement of certain
claims of U.S. Patent Nos. 7,188,888; 7,484,788 (``the '788 patent'');
8,061,758 (``the '758 patent''); 7,537,264; 8,182,021; 8,690,224; and
9,815,358. Id. at 12422. The Commission's notice of investigation named
21 respondents: 4 Wheel Parts of Compton, California; American Trucks
of Lenexa, Kansas; Auto Dynasty a/k/a Shun Fung Int'l Inc. of City of
Industry, California; AUTOSTARLAND Technology (US), Inc. of Riverside,
California; DNA Motoring of City of Industry, California; Fanciest
Pickup Accessories of Riverside, California; Future Trucks a/k/a Future
Trading Company, LLC of Houston, Texas; Ikon Motorsports, Inc. of City
of Industry, California; Jiaxing Kscar Auto Accessories Co., Ltd. a/k/a
KSC Auto of Pinghu City, China; Kiko Kikito of Ruian City, China; Lyon
Cover Auto a/k/a Truck Tonneau Covers of Wenzhou City, China; Mamoru
Cover, a/k/a Ningbo Surpass Auto Parts Co., Ltd. of Ningbo City, China;
MOSTPLUS Auto of Hong Kong, China; Newpowa America, Inc. of Ontario,
California; New Home Materials, Inc. of Riverside, California; OEDRO of
Kent, Washington; Pickup Zone, a/k/a Dai Qun Feng of Riverside,
California; RDJ Trucks, LLC of Talmo, Georgia (``RDJ''); Smittybilt,
Inc. of Compton, California; Trek Power, Inc. of Placentia, California
(``Trek''); and Wenzhou Tianmao Automobile Parts Co., Ltd. of Wenzhou,
China. Id. The Office of Unfair Import Investigations (``OUII'') is
participating in this investigation. Id.
The Commission subsequently granted leave to amend the complaint
and notice of investigation to change the names of several respondents.
Order No. 9 (May 4, 2023), unreviewed by Notice, see 88 FR 36615-16
(Jun. 5, 2023). Specifically, the Commission granted leave to change
the names of: (1) respondents 4 Wheel Parts and Smittybilt, Inc. to TAP
Worldwide, LLC d/b/a 4 Wheel Parts; (2) respondent MOSTPLUS Auto to
Ultimate Motor Parts Limited; (3) respondent OEDRO to Hong Kong
Yintatech Network Co., Ltd. a/k/a OEDRO; (4) respondent Ikon
Motorsports, Inc. to Advance Tuning, LLC d/b/a Ikon Motorsports, Inc.;
(5) respondents AUTOSTARLAND Technology (US), Inc. and Pickup Zone a/k/
a Dai Qun Feng to Autostarland Technology (US), Inc. dba Pickup Zone;
(6) respondent Mamoru Cover a/k/a Ningbo Surpass Auto Parts Co., Ltd.
to Ningbo Surpass Auto Parts Co., Ltd.; (7) respondent American Trucks
to American Trucks Inc. and Turn 5 d/b/a American Trucks; (8)
respondent Kiko Kikito to Wenzhou Tianmao Automobile Parts Co., Ltd.
DBA Kikito and Rui'an Yiming Trading Co. Ltd.; and (9) respondent Lyon
Cover Auto a/k/a Truck Tonneau Covers to Wenzhou Tianmao Automobile
Parts Co., Ltd. DBA Lyon Cover and Wenzhou Chaoming Auto Parts Co.,
Ltd.
The Commission also subsequently terminated certain respondents
based on settlement and/or the entry of a consent order. Order No. 15
(Jun. 13, 2023), unreviewed by Notice (Jul. 11, 2023) (terminating TAP
Worldwide, LLC d/b/a 4 Wheel Parts based on a settlement agreement);
Order No. 17 (Jul. 11, 2023), unreviewed by Notice (Aug. 9, 2023)
(terminating Advance Tuning, LLC d/b/a Ikon Motorsport, Inc. based on
the entry of a consent order); Order No. 18 (Jul. 18, 2023), unreviewed
by Notice (Aug. 16, 2023) (terminating American Trucks, Inc. and Turn 5
d/b/a American Trucks based on a settlement agreement); Order Nos. 22,
23, and 24 (Jul. 31, 2023), unreviewed by Notice (Aug. 28, 2023)
(terminating Ningbo Surpass Auto Parts Co., Ltd., Newpowa America,
Inc., and New Home Materials, Inc. based on settlement and entry of a
consent order); Order Nos. 25 and 26 (Aug. 1, 2023), unreviewed by
Notice (Aug. 30, 2023) (terminating Autostarland Technology (US), Inc.
d/b/a Pickup Zone and Fanciest Pickup Accessories based on settlement
and entry of a consent order); Order No. 27 (Aug. 21, 2023), unreviewed
by Notice (Sept. 19, 2023) (terminating Auto Dynasty a/k/a Shun Fung
International Inc. based on settlement and entry of a consent order);
Order No. 28 (Aug. 24, 2023), unreviewed by Corrected Notice (Sept. 20,
2023) (terminating DNA Motoring based on settlement and entry of a
consent order); Order Nos. 29 and 30 (Aug. 25, 2023), unreviewed by
Notice (Sept. 21, 2023) (terminating Wenzhou Tianmao Automobile Parts
Co., Ltd., Wenzhou Tianmao Automobile Parts Co., Ltd. DBA Kikito,
Rui'an Yiming Trading Co. Ltd., Wenzhou Tianmao Automobile Parts Co.,
Ltd. DBA Lyon Cover, Wenzhou Chaoming Auto Parts Co., Ltd., Jiaxing
Kscar Auto Accessories Co. Ltd. a/k/a KSC Auto, Future Trucks a/k/a
Future Trading Co., LLC, Ultimate Motor Parts Limited, and Hong Kong
Yintatech Network Co., Ltd. based on settlement and entry of a consent
order).
On August 22, 2023, the Commission found RDJ and Trek in default.
Order No. 19 (Jul. 21, 2023), unreviewed by Notice (Aug. 22, 2023). On
October 6, 2023, Extang and BAK (``Movants'') filed a motion for a
summary determination of violation with respect to claims 2-4 of the
'758 patent and claims 1-3 of the '788 patent, and requested the entry
of a GEO, the entry of CDOs against RDJ and Trek, and the imposition of
a bond rate of 100 percent of the entered value of infringing articles
imported during the period of Presidential review. On October 27, 2023,
OUII filed a response in support of the motion and the requested
remedial relief.
On April 23, 2024, the ALJ issued an initial determination (Order
No. 33) (``ID'') granting the Movants' motion for summary determination
of violation and included a recommended determination on remedy and
bond (``RD'') recommending issuance of a GEO, the issuance of CDOs
against RDJ and Trek, and the imposition of a bond in the amount of 100
percent of the entered value of infringing products during the period
of Presidential review. Specifically, the ID finds that: (1) the
importation requirement is satisfied; (2) all of the remaining asserted
claims are infringed by RDJ's and Trek's products; and (3) Movants have
satisfied the domestic industry requirement with respect to the '758
and '788 patents. In support of its recommendation for issuance of a
GEO, the RD finds that: (1) a GEO is necessary in this investigation to
prevent circumvention of a limited exclusion order and (2) the record
shows a pattern of violation of section 337 through importation of
articles that infringe the '758 and '788 patents, and
[[Page 78330]]
the source of those infringing articles is difficult to identify. No
party petitioned for review of the ID.
On June 7, 2024, the Commission determined not to review the ID and
sought briefing on remedy, the public interest, and bonding. 89 FR
50370-72 (Jun. 13, 2024). On June 21, 2024, the Commission received
initial responses from the Movants and OUII. On June 24, 2024, the
Commission received a response from non-party Rough Country LLC. On
June 28, 2024, the Commission received reply responses from OUII.
Having reviewed the written submissions and the evidentiary record,
the Commission has determined that the appropriate remedy in this
investigation is a GEO prohibiting the unlicensed importation of
certain pick-up truck folding bed cover systems and components thereof
that infringe claims 2-4 of the '758 patent and claims 1-3 of the '788
patent and CDOs against RDJ and Trek with respect to those claims. The
Commission has further determined that the public interest factors
enumerated in section 337(d), (f), and (g) (19 U.S.C. 1337(d), (f), and
(g)) do not preclude issuance of the GEO or CDOs. Finally, the
Commission has determined to impose a bond in the amount of one hundred
(100) percent of the entered value of the infringing articles that are
imported during the period of Presidential review (19 U.S.C. 1337(j)).
The investigation is hereby terminated in its entirety.
The Commission's order and opinion were delivered to the President
and to the United States Trade Representative on the day of their
issuance. The Commission has also notified the Secretary of the
Treasury and Customs and Border Protection of the order.
The Commission vote for these determinations took place on
September 19, 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: September 19, 2024.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2024-21905 Filed 9-24-24; 8:45 am]
BILLING CODE 7020-02-P
