Federal Register / Vol. 83, No. 178 / Thursday, September 13, 2018 / Notices 46517 

the Commissioners’ votes, the 

Commission’s statement on adequacy, 

and any individual Commissioner’s 

statements are available from the Office 

of the Secretary and at the 

Commission’s website. 

Participation in the reviews and 

public service list.—Persons, including 

industrial users of the subject 

merchandise and, if the merchandise is 

sold at the retail level, representative 

consumer organizations, wishing to 

participate in these reviews as parties 

must file an entry of appearance with 

the Secretary to the Commission, as 

provided in section 201.11 of the 

Commission’s rules, by 45 days after 

publication of this notice. A party that 

filed a notice of appearance following 

publication of the Commission’s notice 

of institution of the reviews need not 

file an additional notice of appearance. 

The Secretary will maintain a public 

service list containing the names and 

addresses of all persons, or their 

representatives, who are parties to the 

reviews. 

For further information concerning 

the conduct of these reviews and rules 

of general application, consult the 

Commission’s Rules of Practice and 

Procedure, part 201, subparts A and B 

(19 CFR part 201), and part 207, 

subparts A, D, E, and F (19 CFR part 

207). 

Limited disclosure of business 

proprietary information (BPI) under an 

administrative protective order (APO) 

and BPI service list.—Pursuant to 

section 207.7(a) of the Commission’s 

rules, the Secretary will make BPI 

gathered in these reviews available to 

authorized applicants under the APO 

issued in the review, provided that the 

application is made by 45 days after 

publication of this notice. Authorized 

applicants must represent interested 

parties, as defined by 19 U.S.C. 1677(9), 

who are parties to the reviews. A party 

granted access to BPI following 

publication of the Commission’s notice 

of institution of the reviews need not 

reapply for such access. A separate 

service list will be maintained by the 

Secretary for those parties authorized to 

receive BPI under the APO. 

Staff report.—The prehearing staff 

report in the reviews will be placed in 

the nonpublic record on December 18, 

2018, and a public version will be 

issued thereafter, pursuant to section 

207.64 of the Commission’s rules. 

Hearing.—The Commission will hold 

a hearing in connection with the 

reviews beginning at 9:30 a.m. on 

January 24, 2019, at the U.S. 

International Trade Commission 

Building. Requests to appear at the 

hearing should be filed in writing with 

the Secretary to the Commission on or 

before January 16, 2019. A nonparty 

who has testimony that may aid the 

Commission’s deliberations may request 

permission to present a short statement 

at the hearing. All parties and 

nonparties desiring to appear at the 

hearing and make oral presentations 

should participate in a prehearing 

conference to be held on January 18, 

2019, at the U.S. International Trade 

Commission Building, if deemed 

necessary. Oral testimony and written 

materials to be submitted at the public 

hearing are governed by sections 

201.6(b)(2), 201.13(f), 207.24, and 

207.66 of the Commission’s rules. 

Parties must submit any request to 

present a portion of their hearing 

testimony in camera no later than 7 

business days prior to the date of the 

hearing. 

Written submissions.—Each party to 

the reviews may submit a prehearing 

brief to the Commission. Prehearing 

briefs must conform with the provisions 

of section 207.65 of the Commission’s 

rules; the deadline for filing is January 

10, 2019. Parties may also file written 

testimony in connection with their 

presentation at the hearing, as provided 

in section 207.24 of the Commission’s 

rules, and posthearing briefs, which 

must conform with the provisions of 

section 207.67 of the Commission’s 

rules. The deadline for filing 

posthearing briefs is January 31, 2019. 

In addition, any person who has not 

entered an appearance as a party to the 

reviews may submit a written statement 

of information pertinent to the subject of 

the reviews on or before January 31, 

2019. On February 25, 2019, the 

Commission will make available to 

parties all information on which they 

have not had an opportunity to 

comment. Parties may submit final 

comments on this information on or 

before February 28, 2019, but such final 

comments must not contain new factual 

information and must otherwise comply 

with section 207.68 of the Commission’s 

rules. All written submissions must 

conform with the provisions of section 

201.8 of the Commission’s rules; any 

submissions that contain BPI must also 

conform with the requirements of 

sections 201.6, 207.3, and 207.7 of the 

Commission’s rules. The Commission’s 

Handbook on E-Filing, available on the 

Commission’s website at https://

edis.usitc.gov, elaborates upon the 

Commission’s rules with respect to 

electronic filing. 

Additional written submissions to the 

Commission, including requests 

pursuant to section 201.12 of the 

Commission’s rules, shall not be 

accepted unless good cause is shown for 

accepting such submissions, or unless 

the submission is pursuant to a specific 

request by a Commissioner or 

Commission staff. 

In accordance with sections 201.16(c) 

and 207.3 of the Commission’s rules, 

each document filed by a party to the 

reviews must be served on all other 

parties to the reviews (as identified by 

either the public or BPI service list), and 

a certificate of service must be timely 

filed. The Secretary will not accept a 

document for filing without a certificate 

of service. 

The Commission has determined that 

these reviews are extraordinarily 

complicated and therefore has 

determined to exercise its authority to 

extend the review period by up to 90 

days pursuant to 19 U.S.C.1675(c)(5)(B). 

Authority: These reviews are being 

conducted under authority of title VII of 

the Tariff Act of 1930; this notice is 

published pursuant to section 207.62 of 

the Commission’s rules. 

By order of the Commission. 

Issued: September 7, 2018. 

Jessica Mullan, 

Attorney Advisor. 

[FR Doc. 2018–19894 Filed 9–12–18; 8:45 am] 

BILLING CODE 7020–02–P 

INTERNATIONAL TRADE 

COMMISSION 

[Investigation No. 337–TA–1132] 

Certain Motorized Vehicles and 

Components Thereof; Institution of 

Investigation 

AGENCY: U.S. International Trade 

Commission. 

ACTION: Notice. 

SUMMARY: Notice is hereby given that a 

complaint was filed with the U.S. 

International Trade Commission on 

August 1, 2018, under section 337 of the 

Tariff Act of 1930, as amended, on 

behalf of FCA US LLC of Auburn Hills, 

Michigan. The complaint alleges 

violations of 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 No. 4,272,873 (‘‘the ’873 

mark’’); U.S. Trademark Registration No. 

2,862,487 (‘‘the ’487 mark’’); U.S. 

Trademark Registration No. 2,161,779 

(‘‘the ’779 mark’’); U.S. Trademark 

Registration No. 2,794,553 (‘‘the ’553 

mark’’); and U.S. Trademark 

Registration No. 4,043,984 (‘‘the ’984 

mark’’); (2) trademark dilution and 


daltland on DSKBBV9HB2PROD with NOTICES
46518 Federal Register / Vol. 83, No. 178 / Thursday, September 13, 2018 / Notices 

unfair competition violating the 

complainant’s common law trademark 

rights; and (3) trade dress infringement. 

The complaint further alleges that an 

industry in the United States exists and 

that the alleged violations have the 

threat or effect of causing substantial 

injury to that industry as required by the 

applicable Federal Statutes. 

The complainant requests that the 

Commission institute an investigation 

and, after the investigation, issue a 

limited exclusion order and cease and 

desist orders. 

ADDRESSES: The complaint, except for 

any confidential information contained 

therein, is 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, Room 

112, Washington, DC 20436, telephone 

(202) 205–2000. Hearing impaired 

individuals are advised that information 

on this matter can be obtained 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 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. 

FOR FURTHER INFORMATION CONTACT: 

Pathenia M. Proctor, The Office of 

Unfair Import Investigations, U.S. 

International Trade Commission, 

telephone (202) 205–2560. 

SUPPLEMENTARY INFORMATION: 

Authority: The authority for 

institution of this investigation is 

contained in section 337 of the Tariff 

Act of 1930, as amended, 19 U.S.C. 

1337, and in section 210.10 of the 

Commission’s Rules of Practice and 

Procedure, 19 CFR 210.10 (2018). 

Scope of Investigation: Having 

considered the complaint, the U.S. 

International Trade Commission, on 

September 7, 2018, ORDERED THAT— 

(1) Pursuant to subsection (b) of 

section 337 of the Tariff Act of 1930, as 

amended, an investigation be instituted 

to determine: 

(a) Whether there is a violation of 

subsection (a)(1)(A) of Section 337 in 

the importation into the United States, 

the sale for importation, or the sale 

within the United States after 

importation of certain products 

identified in paragraph (2) by reason of 

trade dress infringement, trademark 

dilution, or infringement of common 

law trademarks, the threat or effect of 

which is to destroy or substantially 

injure an industry in the United States; 

(b) whether there is a violation of 

subsection (a)(1)(C) of section 337 in the 

importation into the United States, the 

sale for importation, or the sale within 

the United States after importation of 

certain products identified in paragraph 

(2) by reason of infringement of one or 

more of the ’873 mark; the ’487 mark; 

the ’779 mark; the ’553 mark; and the 

’984 mark, and whether an industry in 

the United States exists as required by 

subsection (a)(2) of section 337; 

(2) Pursuant to section 210.10(b)(1) of 

the Commission’s Rules of Practice and 

Procedure, 19 CFR 210.10(b)(1), the 

plain language description of the 

accused products or category of accused 

products, which defines the scope of the 

investigation, is ‘‘motorized vehicles, 

kits and assemblies for motorized 

vehicles, and replacement and 

aftermarket components for motorized 

vehicles’’; 

(3) Pursuant to section 210.10(b)(3) of 

the Commission’s Rules of Practice and 

Procedure, 19 CFR 210.10(b)(3), the 

presiding Administrative Law Judge 

shall hold an early evidentiary hearing, 

find facts, and issue an early decision, 

within 100 days of institution except for 

good cause shown, as to whether the 

complainant is contractually barred 

from enforcing its intellectual property 

against the named respondents. In the 

alternative, the presiding 

Administrative Law Judge may decide 

this issue through summary 

determination proceedings if he or she 

determines that no material facts are in 

dispute. Notwithstanding any 

Commission Rules to the contrary, 

which are hereby waived, any such 

decision should be issued in the form of 

an initial determination (ID) under Rule 

210.42(a)(3), 19 CFR 210.42(a)(3). The 

ID will become the Commission’s final 

determination 30 days after the date of 

service of the ID unless the Commission 

determines to review the ID. Any such 

review will be conducted in accordance 

with Commission Rules 210.43, 210.44, 

and 210.45, 19 CFR 210.43, 210.44, and 

210.45; 

(4) For the purpose of the 

investigation so instituted, the following 

are hereby named as parties upon which 

this notice of investigation shall be 

served: 

(a) The complainant is: FCA US LLC, 

1000 Chrysler Drive, Auburn Hills, MI 

48321. 

(b) The respondents are the following 

entities alleged to be in violation of 

section 337, and are the parties upon 

which the complaint is to be served: 

Mahindra & Mahindra Ltd., Mahindra 

Towers, Dr. G.M. Bhosle Marg, P.K. 

Kurne Chowk, Worli, Mumbai 400 

018, India 

Mahindra Automotive North America, 

Inc., 275 Rex Boulevard, Auburn 

Hills, MI 48326 

(c) The Office of Unfair Import 

Investigations, U.S. International Trade 

Commission, 500 E Street SW, Suite 

401, Washington, DC 20436; and 

(5) For the investigation so instituted, 

the Chief Administrative Law Judge, 

U.S. International Trade Commission, 

shall designate the presiding 

Administrative Law Judge. 

Responses to the complaint and the 

notice of investigation must be 

submitted by the named respondents in 

accordance with section 210.13 of the 

Commission’s Rules of Practice and 

Procedure, 19 CFR 210.13. Pursuant to 

19 CFR 201.16(e) and 210.13(a), such 

responses will be considered by the 

Commission if received not later than 20 

days after the date of service by the 

Commission of the complaint and the 

notice of investigation. Extensions of 

time for submitting responses to the 

complaint and the notice of 

investigation will not be granted unless 

good cause therefor is shown. 

Failure of a respondent to file a timely 

response to each allegation in the 

complaint and in this notice may be 

deemed to constitute a waiver of the 

right to appear and contest the 

allegations of the complaint and this 

notice, and to authorize the 

administrative law judge and the 

Commission, without further notice to 

the respondent, to find the facts to be as 

alleged in the complaint and this notice 

and to enter an initial determination 

and a final determination containing 

such findings, and may result in the 

issuance of an exclusion order or a cease 

and desist order or both directed against 

the respondent. 

By order of the Commission. 

Issued: September 7, 2018. 

Lisa Barton, 

Secretary to the Commission. 

[FR Doc. 2018–19904 Filed 9–12–18; 8:45 am] 

BILLING CODE P 


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