[Federal Register Volume 77, Number 65 (Wednesday, April 4, 2012)]
[Notices]
[Pages 20418-20419]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-8045]


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 INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-755]


Certain Starter Motors and Alternators; Notice of Issuance of a 
Limited Exclusion Order and a Cease and Desist Order; Termination of 
Investigation

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 terminated the above-captioned investigation under 
section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and 
has issued a limited exclusion order and a cease and desist order 
against respondent American Automotive Parts, Inc. (``AAP'') of Niles, 
Illinois, which was previously found in default in the above-captioned 
investigation.

FOR FURTHER INFORMATION CONTACT: Clint Gerdine, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street SW., 
Washington, DC 20436, telephone (202) 708-2310. 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 19, 2011, based on a complaint filed by Remy International, 
Inc. and Remy Technologies, L.L.C. (collectively, ``Remy''), both of 
Pendleton, Indiana. 76 FR 3158 (Jan. 19, 2011). The complaint alleged 
violations of section 337 of the Tariff Act of 1930 (19 U.S.C. 1337), 
in the importation into the United States, the sale for importation, 
and the sale within the United States of certain starter motors and 
alternators by reason of infringement of certain claims of U.S. Patent 
Nos. 5,105,114 (``the `114 patent''); 5,252,878; 5,268,605 (``the '605 
patent''); 5,295,404; 5,307,700; 5,315,195 (``the '195 patent''); and 
5,453,648 (``the '648 patent''). The notice of investigation, as 
amended, named ten respondents including AAP. The complaint and notice 
of investigation were served on AAP on January 13, 2011. AAP failed to 
respond to the complaint and notice of investigation. The '114 patent 
was terminated from the investigation based on partial withdrawal by 
Remy, and all other respondents have been terminated from the 
investigation based on either a consent order or a settlement 
agreement. Claims 1 and 4 of the '605 patent, claims 1-6 of the '195 
patent, and claims 1, 5, and 10 of the '648 patent were asserted 
against AAP.
    The presiding administrative law judge (``ALJ'') issued an initial 
determination (``ID'') on December 22, 2011, finding AAP in default, 
pursuant to 19 CFR 210.13 and 210.16, because respondent did not 
respond to the complaint and notice of investigation, or to the ALJ's 
December 13, 2011 order to show cause. On January 14, 2012, the 
Commission issued notice of its determination not to review the ID 
finding AAP in default.
    On February 9, 2012, the Commission issued a Notice that requested 
briefing from interested parties on remedy, the public interest, and 
bonding with respect to respondent AAP found in default. 77 FR 8898-00 
(Feb. 15, 2012).
    Both Remy and the Commission investigative attorney (``IA'') 
submitted briefing on remedy, the public interest, and bonding along 
with proposed orders on March 2, 2012. The IA also submitted a reply 
brief on March 9, 2012, containing revised orders.
    The Commission found that the statutory requirements of section 
337(g)(1)(A)-(E) (19 U.S.C. 1337(g)(1)(A)-(E)) were met with respect to 
the defaulting respondent. Accordingly, pursuant to section 337(g)(1) 
(19 U.S.C. 1337(g)(1)) and Commission rule 210.16(c) (19 CFR 
210.16(c)), the Commission presumed the facts alleged in the complaint 
to be true.
    The Commission has determined that the appropriate form of relief 
is the following: (1) A limited exclusion order prohibiting the 
unlicensed entry of alternators that infringe one or more of claims 1 
and 4 of the `605 patent, claims 1-6 of the `195 patent, or claims 1, 
5, and 10 of the `648 patent, which are manufactured abroad by or on 
behalf of, or are imported by or on behalf of, AAP, or any of its 
affiliated companies, parents, subsidiaries, licensees, contractors, or 
other related business entities, or its successors or assigns; and (2) 
a cease and desist order prohibiting AAP from conducting any of the 
following activities in the United States: importing, selling, 
marketing, advertising, distributing, offering for sale, transferring 
(except for exportation), and soliciting U.S. agents or distributors 
for alternators that infringe one or more of claims 1 and 4 of the '605 
patent, claims 1-6 of the '195 patent, or claims 1, 5, and 10 of the 
'648 patent.
    The Commission has further determined that the public interest 
factors enumerated in section 337(g)(1) (19 U.S.C. 1337(g)(1)) do not 
preclude issuance of the limited exclusion order or the cease and 
desist order. Finally, the Commission has determined that a bond of 100 
percent of the entered value of the covered products is required to 
permit temporary importation during the period of Presidential review 
(19 U.S.C. 1337(j)). The Commission's

[[Page 20419]]

orders were delivered to the President and to the United States Trade 
Representative on the day of their issuance.
    The Commission has terminated this investigation. 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 sections 
210.16(c) and 210.41 of the Commission's Rules of Practice and 
Procedure (19 CFR 210.16(c) and 210.41).

    By order of the Commission.

    Issued: March 30, 2012.
James R. Holbein,
Secretary to the Commission.
[FR Doc. 2012-8045 Filed 4-3-12; 8:45 am]
BILLING CODE 7020-02-P