[Federal Register Volume 72, Number 57 (Monday, March 26, 2007)]
[Notices]
[Pages 14136-14138]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-5465]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-557]


In the Matter of Certain Automotive Parts; Notice of Commission 
Determination Not To Review a Final Determination of Violation pf 
Section 337; Schedule for Filing Written Submissions on Remedy, Public 
Interest, and Bonding

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 not to review the final initial determination 
(``ID'') issued by the presiding administrative law judge (``ALJ'') on

[[Page 14137]]

December 4, 2006, regarding whether there is a violation of section 337 
of the Tariff Act of 1930, 19 U.S.C. 1337, in the above-captioned 
investigation.

FOR FURTHER INFORMATION CONTACT: Jonathan Engler, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street, 
SW., Washington, DC 20436, telephone (202) 205-3112. Copies of non-
confidential documents filed in connection with this investigation are 
or will be available for inspection during official business hours 
(8:45 a.m. to 5:15 p.m.) in the Office of the Secretary, U.S. 
International Trade Commission, 500 E Street, SW., Washington, DC 
20436, telephone (202) 205-2000. General information concerning the 
Commission may also be obtained by accessing its Internet server at 
http://www.usitc.gov. The public record for this investigation may be 
viewed on the Commission's electronic docket (EDIS) at http://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 January 4, 2006, based on a complaint filed by Ford Global 
Technologies, LLC (``Ford'')of Dearborn, Michigan. An amended complaint 
was filed on December 12, 2005, and a supplemental letter was filed on 
December 22, 2005. The amended complaint, as supplemented, alleges 
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 automotive parts by reason of infringement of 
U.S. Design Patent Nos. D496,890 (``the '890 patent''), D493,552 (``the 
'552 patent''), D497,579 (``the '579 patent''), D503,135 (``the '135 
patent''), D496,615 (``the '615 patent''), D502,561 (``the '561 
patent''), D492,044 (``the '044 patent''), D491,119 (``the '119 
patent''), D503,912 (``the '912 patent'') and D495,979 (``the '979 
patent''). The complaint named the following as respondents: Keystone 
Automotive Industries, Inc. of Pomona, California; U.S. Autoparts 
Network, Inc. of Carson, California; Gordon Auto Body Parts Co., Ltd. 
of Taiwan; Y.C.C. Parts Manufacturing Co., Ltd. of Taiwan; TYC Brother 
Industrial Co., Ltd. of Taiwan; and Depo Auto Parts Ind. Co., Ltd. of 
Taiwan (collectively ``the Respondents''). The complaint further 
alleged that an industry in the United States exists as required by 
subsection (a)(2) of section 337. On August 3, 2006, the Commission 
issued a notice not to review an ID granting partial termination of 
this investigation as to the '801, '685, '299, '658 patents.
    On December 4, 2006, the ALJ issued the final ID, finding that the 
'119, '912, and '979 patents are invalid due to public use; that the 
'890, '552, '135, '579, '561, '044, and '615 patents are not invalid, 
are enforceable, and are infringed; and that there is a domestic 
industry involving the patents in issue. Thus, he found a violation of 
section 337 of the Tariff Act of 1930, as amended.
    On December 15, 2006, Ford and the Respondents filed petitions for 
review. Ford sought review of the ALJ's finding that the '119, '912 and 
'979 patents are invalid as anticipated. The Respondents petitioned for 
review of the ALJ's findings that patents '890, ''552, '579, '135, 
'615, '561, and '044 were not anticipated, obvious or unenforceable, 
and of Orders No. 7 and 12, in which the ALJ denied certain affirmative 
defenses. The Office of Unfair Import Investigations opposed both 
petitions for review. On December 15, 2006, all parties filed responses 
to the petitions for review.
    On December 26, 2006, the Commission determined to extend the 
deadline for determining whether to review the ALJ's ID by 60 days to 
March 20, 2007, and to extend the target date for completion of the 
investigation by 60 days to May 4, 2007.
    Having examined the record of this investigation, including the 
ALJ's final ID and the submissions of the parties, the Commission has 
determined not to review the final ID.
    In connection with the final disposition of this investigation, the 
Commission may (1) issue an order that could result in the exclusion of 
the subject articles from entry into the United States, and/or (2) 
issue one or more cease and desist orders that could result in the 
respondent being required to cease and desist from engaging in unfair 
acts in the importation and sale of such articles. Accordingly, the 
Commission is interested in receiving written submissions that address 
the form of remedy, if any, that should be ordered. If a party seeks 
exclusion of an article from entry into the United States for purposes 
other than entry for consumption, the party should so indicate and 
provide information establishing that activities involving other types 
of entry either are adversely affecting it or likely to do so. For 
background, see In the Matter of Certain Devices for Connecting 
Computers via Telephone Lines, Inv. No. 337-TA-360, USITC Pub. No. 2843 
(December 1994) (Commission Opinion).
    If the Commission contemplates some form of remedy, it must 
consider the effects of that remedy upon the public interest. The 
factors the Commission will consider include the effect that an 
exclusion order and/or cease and desist orders would have on (1) the 
public health and welfare, (2) competitive conditions in the U.S. 
economy, (3) U.S. production of articles that are like or directly 
competitive with those that are subject to investigation, and (4) U.S. 
consumers. The Commission is therefore interested in receiving written 
submissions that address the aforementioned public interest factors in 
the context of this investigation.
    If the Commission orders some form of remedy, the U.S. Trade 
Representative, as delegated by the President, has 60 days to approve 
or disapprove the Commission's action. See Presidential Memorandum of 
July 21, 2005. 70 FR 43251 (July 26, 2005). During this period, the 
subject articles would be entitled to enter the United States under 
bond, in an amount determined by the Commission and prescribed by the 
Secretary of the Treasury. The Commission is therefore interested in 
receiving submissions concerning the amount of the bond that should be 
imposed if a remedy is ordered.
    Written Submissions: The Commission does not wish to receive 
further written submissions on the issue of violation. However, parties 
to the investigation, interested government agencies, and any other 
interested parties are encouraged to file written submissions on the 
issues of remedy, the public interest, and bonding. Such submissions 
should be no more than twenty-five (25) pages and should address the 
recommended determination by the ALJ on remedy and bonding. 
Complainants and the Commission investigative attorney are also 
requested to submit proposed remedial orders for the Commission's 
consideration. Complainants are also requested to state the dates that 
the patents expire and the HTSUS numbers under which the accused 
products are imported. The written submissions and proposed remedial 
orders must be filed no later than close of business on March 30, 2007. 
Reply submissions must be filed no later than the close of business on 
April 6, 2007. No further submissions on these issues will be permitted 
unless otherwise ordered by the Commission.
    Persons filing written submissions must file the original document 
and 12 true copies thereof on or before the deadlines stated above with 
the Office of the Secretary. Any person desiring to

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submit a document to the Commission in confidence must request 
confidential treatment unless the information has already been granted 
such treatment during the proceedings. All such requests should be 
directed to the Secretary of the Commission and must include a full 
statement of the reasons why the Commission should grant such 
treatment. See 19 CFR 210.6. Documents for which confidential treatment 
by the Commission is sought will be treated accordingly. All 
nonconfidential written submissions will be available for public 
inspection at the Office of the Secretary.
    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 Sec.  210.42-46 of the Commission's Rules of Practice and Procedure 
(19 CFR 210.42-46).

    By order of the Commission.

    Issued: March 20, 2007.
Marilyn R. Abbott,
Secretary to the Commission.
 [FR Doc. E7-5465 Filed 3-23-07; 8:45 am]
BILLING CODE 7020-02-P