[Federal Register Volume 88, Number 116 (Friday, June 16, 2023)]
[Notices]
[Page 39478]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-12885]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1345]
Certain Automated Retractable Vehicle Steps and Components
Thereof; Notice of a Commission Determination Not To Review an Initial
Determination Terminating the Investigation in its Entirety Based on a
Consent Order Stipulation; Issuance of a Consent Order
AGENCY: 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 an initial determination
(``ID'') (Order No. 21) of the presiding administrative law judge
(``ALJ'') granting a motion for termination of the investigation as to
respondent Rough Country LLC (``Rough Country'') based on a consent
order stipulation. The Commission has entered a consent order against
Rough Country, the last remaining respondent in the above-referenced
investigation. The investigation is terminated in its entirety.
FOR FURTHER INFORMATION CONTACT: Cathy Chen, Esq., Office of the
General Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202) 205-2392. 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
[email protected]. General information concerning the Commission may
also be obtained by accessing its internet server at https://www.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 December 6, 2022. 87 FR 74661 (Dec. 6, 2022). The complaint, as
supplemented, alleges violations of section 337 of the Tariff Act of
1930, as amended, 19 U.S.C. 1337, in the importation into the United
States, the sale for importation, or the sale within the United States
after importation of certain automated retractable vehicle steps and
components thereof by reason of infringement of certain claims of U.S.
Patent No. 9,272,667; U.S. Patent No. 9,527,449; U.S. Patent No.
9,511,717; and U.S. Patent No. 11,198,395. Id. The Commission's notice
of investigation named as respondents Anhui Aggeus Auto-Tech Co., Ltd.
(``Aggeus'') of Wuhu, China; Rough Country of Dyersburg, TN; Southern
Truck LLC a/k/a/Top Gun Customz (``Southern Truck'') of Swanton, OH;
Meyer Distributing, Inc. (``Meyer'') of Jasper, IN; and Earl Owen
Company, Inc. (``Earl Owen'') of Carrollton, TX. Id. at 74662. The
complainant is Lund Motion Products, Inc. of Brea, CA (``Lund''). Id.
The Office of Unfair Import Investigations is participating in the
investigation. Id.
Respondents Meyer, Earl Owen, and Southern Truck have been
terminated from the investigation based on settlement. See Order No. 5
(Dec. 20, 2022), unreviewed by Comm'n Notice (Jan. 18, 2023); Order No.
7 (Dec. 27, 2022), unreviewed by Comm'n Notice (Jan. 26, 2023); Order
No. 9 (Jan. 4, 2023), unreviewed by Comm'n Notice (Feb. 2, 2023).
On February 23, 2023, the ALJ granted Lund's unopposed motion to
amend the complaint and notice of investigation to add Wuhu Wow-good,
Auto-Tech Co. Ltd. (``Wow-good'') and Anhui Wollin International Co.,
Ltd. (``Wollin'') as named respondents. See Order No. 14 (Feb. 23,
2023), unreviewed by Comm'n Notice (Mar. 23, 2023).
On May 22, 2023, the Commission determined not to review an ID
(Order No. 19) granting a motion to terminate the investigation in part
with respect to respondents Aggeus, Wollin, and Wow-good based on the
entry of a consent order. The Commission entered a consent order
against Aggeus, Wollin, and Wow-good.
On May 12, 2023, the ALJ issued the subject ID (Order No. 21)
granting a motion to terminate the investigation with respect to
respondent Rough Country based on the entry of a consent order. The ALJ
found that the consent order stipulation and proposed consent order
conform with Commission Rule 210.21(c)(3) and (4) (19 CFR 210.21(c)(3)
and (4)). The ID also found that termination of the investigation with
respect to respondent Rough Country would not be contrary to the public
interest. No petitions for review were filed.
The Commission has determined not to review the subject ID and to
issue a consent order against respondent Rough Country. The
investigation is terminated in its entirety.
The Commission vote for this determination took place on June 12,
2023.
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 the order of the Commission.
Issued: June 12, 2023.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2023-12885 Filed 6-15-23; 8:45 am]
BILLING CODE 7020-02-P