[Federal Register Volume 85, Number 18 (Tuesday, January 28, 2020)]
[Notices]
[Pages 5035-5036]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-01375]



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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1132]


Certain Motorized Vehicles and Components Thereof; Notice of 
Commission Decision To Review in Part a Final Initial Determination 
Finding a Violation of Section 337; Schedule for Filing Written 
Submissions; Extension of the Target Date for Completion of the 
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 determined to review in part a final initial 
determination (``FID'') of the presiding administrative law judge 
(``ALJ'') finding a violation of section 337 of the Tariff Act of 1930, 
as amended. The Commission also extends the target date for completion 
of this investigation by five business days to March 20, 2020.

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 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 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 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 registered 
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 the FID finding a violation of 
section 337. Specifically, the FID finds that Respondents' Roxor 
vehicle infringes Complainant's asserted trade dress but not its 
registered trademarks. The FID also finds that the domestic industry 
requirement is satisfied. The RD recommends that the Commission issue a 
limited exclusion order barring entry of Respondents' articles that 
infringe the asserted trade dress and a cease and desist order against 
Respondents. In addition, the RD recommends that the Commission set a 
bond during the period of Presidential review at ten percent on 
unassembled Roxor components or one percent on the finished Roxor 
vehicle.
    The Commission has determined to review the FID in part. 
Specifically, the Commission has determined to review the FID's 
findings with respect to the validity and infringement of the asserted 
trade dress, as well as importation findings relating to Complainant's 
trade dress infringement claim. With respect to Complainant's claim of 
infringement of its registered trademarks, the Commission has 
determined to review the FID's findings on infringement and domestic 
industry. The Commission has further determined not to review the 
remainder of the FID.
    The Commission has also determined to extend the target date by 
five business days to March 20, 2020.
    At this time, the Commission does not request briefing from the 
parties on the issues under review. The Commission is requesting 
briefing on the issues of remedy, the public interest, and bonding 
solely with respect to Complainant's trade dress infringement claim.
    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(s) 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 Certain Devices for Connecting Computers via 
Telephone Lines, Inv. No. 337-TA-360, USITC Pub. No. 2843 (Dec. 1994) 
(Comm'n Op.).
    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, 
disapprove, or take no action the Commission's determination. 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: 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 also address the recommended 
determination by the ALJ on remedy and bonding. Complainant is also 
requested to submit proposed remedial orders for the Commission's 
consideration with its initial written submission. Complainant is 
further requested to state the HTSUS numbers

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under which the accused products are imported, and to supply the names 
of known importers of the products at issue in this investigation.
    Written submissions and proposed remedial orders must be filed no 
later than close of business on February 7, 2020. Reply submissions 
must be filed no later than the close of business on February 14, 2020 
and must be limited to issues raised in the initial written 
submissions. No further submissions on any of these issues will be 
permitted unless otherwise ordered by the Commission.
    Persons filing written submissions must file the original document 
electronically on or before the deadlines stated above and submit eight 
(8) true paper copies to the Office of the Secretary by noon the next 
day pursuant to section 210.4(f) of the Commission's Rules of Practice 
and Procedure (19 CFR 210.4(f)). Submissions should refer to the 
investigation number (``Inv. No. 337-TA-1132'') in a prominent place on 
the cover page and/or the first page. (See Handbook for Electronic 
Filing Procedures, https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf). Persons with questions regarding 
filing should contact the Secretary (202-205-2000).
    Any person desiring to submit a document to the Commission in 
confidence must request confidential treatment. All such requests 
should be directed to the Secretary to the Commission and must include 
a full statement of the reasons why the Commission should grant such 
treatment. See 19 CFR 201.6. Documents for which confidential treatment 
by the Commission is properly sought will be treated accordingly. All 
information, including confidential business information and documents 
for which confidential treatment is properly sought, submitted to the 
Commission for purposes of this Investigation may be disclosed to and 
used: (i) By the Commission, its employees and Offices, and contract 
personnel (a) for developing or maintaining the records of this or a 
related proceeding, or (b) in internal investigations, audits, reviews, 
and evaluations relating to the programs, personnel, and operations of 
the Commission including under 5 U.S.C. Appendix 3; or (ii) by U.S. 
government employees and contract personnel,\1\ solely for 
cybersecurity purposes. All non-confidential written submissions will 
be available for public inspection at the Office of the Secretary and 
on EDIS.
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    \1\ All contract personnel will sign appropriate nondisclosure 
agreements.
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    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: January 22, 2020.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2020-01375 Filed 1-27-20; 8:45 am]
 BILLING CODE 7020-02-P