[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 
<a href="/cdn-cgi/l/email-protection#b8fdfcf1eb8bf0ddd4c8f8cdcbd1ccdb96dfd7ce"><span class="__cf_email__" data-cfemail="2c6968657f1f6449405c6c595f45584f024b435a">[email protected]</span></a>. 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


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