[Federal Register Volume 89, Number 50 (Wednesday, March 13, 2024)]
[Notices]
[Pages 18434-18435]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-05272]


-----------------------------------------------------------------------

INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1291]


Certain Replacement Automotive Lamps; Notice of the Commission's 
Final Determination Finding No Violation of Section 337; Termination of 
the Investigation

AGENCY: International Trade Commission.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined that complainants Kia Corporation and Kia 
America, Inc. failed to demonstrate a violation of section 337 of the 
Tariff Act of 1930, as amended, by any of the named respondents in the 
above-captioned investigation. The investigation is terminated.

FOR FURTHER INFORMATION CONTACT: Robert Needham, Office of the General 
Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone (202) 708-5468. 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 (https://www.usitc.gov). Hearing-impaired persons are advised that information 
on this matter can be obtained by contacting the Commission's TDD 
terminal, telephone (202) 205-1810.

SUPPLEMENTARY INFORMATION: On January 24, 2022, the Commission 
instituted this investigation under section 337 of the Tariff Act of 
1930, as amended, 19 U.S.C. 1337 (``section 337''), based on a 
complaint filed on behalf of complainants Kia Corporation of Seoul, 
Korea and Kia America, Inc. of Irvine, California (collectively, 
``Kia''). 87 FR 3584-85 (Jan. 24, 2022). The complaint, as supplemented 
and amended, alleges a violation of section 337 in the importation into 
the United States, the sale for importation, and the sale after 
importation within the United States after importation of certain 
replacement automotive lamps by reason of infringement of U.S. Design 
Patent Nos. D592,773 (the ``'773 patent''); D635,701 (the ``'701 
patent''); D636,506 (the ``'506 patent''); D650,931 (the ``'931 
patent''); D695,933 (the ``'933 patent''); D705,963 (the ``'963 
patent''); D709,218 (the ``'218 patent''); D714,975 (the ``'975 
patent''); D714,976 (the ``'976 patent''); D720,871 (the ``'871 
patent''); D749,757 (the ``'757 patent''); D749,762 (the ``'762 
patent''); D749,764 (the ``'764 patent''); D774,222 (the ``'222 
patent''); D774,223 (the ``'223 patent''); D776,311 (the ``'311 
patent''); D781,471 (the ``'471 patent''); D785,833 (the ``'833 
patent''); D785,836 (the ``'836 patent''); and D792,989 (the ``'989 
patent'') (together, ``Asserted Patents''). Id. at 3584. The notice of 
investigation names as respondents TYC Brother Industrial Co., Ltd. of 
Tainan, Taiwan; Genera Corporation (dba TYC Genera) of Brea, 
California; LKQ Corporation of Chicago, Illinois; and Keystone 
Automotive Industries, Inc. of Exeter, Pennsylvania (together, 
``Respondents''). The Office of Unfair Import Investigations is not 
participating in this investigation.
    On February 7, 2022, the Chief ALJ (``CALJ'') ordered an 
evidentiary hearing for both Inv. Nos. 337-TA-1291 and 337-TA-1292 on 
the economic prong pursuant to the Commission's pilot program for 
interim initial determinations (``IID''). Order No. 6 (Feb. 7, 2022). 
The combined evidentiary hearing was held on April 20, 2022. On July 1, 
2022, the CALJ issued an IID finding that Kia has satisfied the 
economic prong of the domestic industry requirement with respect to all 
of the asserted design patents. On August 24, 2022, the Commission 
determined to review the IID. Notice (Aug. 24, 2022). The investigation 
was reassigned to the presiding ALJ on July 6, 2022.
    On January 24, 2023, the presiding ALJ issued a final initial 
determination (``Final ID'') finding a violation of section 337 by 
Respondents with respect to the '773, '701, '506, '931, '933, '218, 
'975, '976, '871, '762, '764, '222, '223, '311, '833, '836, and '989 
patents. Final ID at 1. The Final ID finds no violation with respect to 
the '963, '757, and '471 patents based on noninfringement and failure 
to satisfy the technical prong of the domestic industry requirement. 
Id. at 1, 284-86. The Final ID also finds that no asserted patent is 
invalid as anticipated or obvious. Id. Concerning the economic prong of 
the domestic industry requirement, the Final ID reduced Kia's alleged 
investments due to Kia's failure to establish that certain of its 
alleged domestic industry products are representative of other alleged 
domestic industry products, but finds that the economic prong of 
domestic industry requirement is satisfied for all of the Asserted 
Patents. Id. at 33-37.
    On February 6, 2023, Respondents filed a petition for review 
challenging the Final ID's findings on the economic prong of the 
domestic industry requirement, infringement, and validity. Also on 
February 6, 2023, Kia filed a petition for review challenging the Final 
ID's findings of noninfringement and contingently petitioning regarding 
the Final ID's findings concerning non-satisfaction of the technical 
prong of the domestic industry requirement regarding the '963, '757, 
and '471 patents. On February 14, 2023, Kia and Respondents filed 
responses to each other's petitions.
    On January 25, 2023, the Commission requested submissions regarding 
the public interest. 88 FR 5919-20 (Jan. 30, 2023). The Commission 
received submissions from Thomas Lee, Dennis Shiau, Peter Nguyen, John 
Chang, Raymond Tsai, Christopher Patti, Edward Salamy, Paul Tetrault, 
Clark Plucinski, Gay Gordon-Byrne, the Alliance for Automotive 
Innovation, and Gregory Cote. On February 23, 2023, the Commission also 
received submissions on the public interest from Respondents pursuant 
to Commission Rule 210.50(a)(4). 19 CFR 210.50(a)(4).
    On May 11, 2023, the Commission determined to review the Final ID 
in its entirety and sought briefing from the parties on certain issues 
and briefing from the parties, interested government agencies, and the 
public concerning remedy, bonding, and the public interest. 88 FR 
31520-22 (May 17, 2023). Kia and Respondents filed initial

[[Page 18435]]

submissions on May 25, 2023, and reply submissions on June 1, 2023.
    On June 15, 2023, Respondents moved to strike a declaration of 
Brian Sciumbato, who testified regarding the public interest factors.
    Having examined the record of this investigation, including the 
IID, the Final ID, the petitions, responses, and other submissions from 
the parties and the public, the Commission has determined to vacate the 
IID and the Final ID's economic prong findings and find that Kia has 
failed to satisfy the economic prong of the domestic industry 
requirement with respect to any of the Asserted Patents. The Commission 
has further determined to take no position on the issues of 
infringement, satisfaction of the technical prong of the domestic 
industry requirement, and invalidity. The Commission also denies 
Respondents' motion to strike the Sciumbato declaration as moot.
    The Commission's determinations are explained more fully in the 
accompanying Opinion. All other findings in the ID under review that 
are consistent with the Commission's determinations are affirmed. The 
investigation is hereby terminated.
    Commissioner Schmidtlein does not join the majority's opinion but 
agrees that Kia has failed to establish the economic prong of the 
domestic industry requirement for any of the Asserted Patents. She 
therefore agrees that there has been no violation of section 337 in 
this investigation. She explains her views in a concurring opinion.
    The Commission vote for this determination took place on March 7, 
2024.
    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: March 7, 2024.
Katherine Hiner,
Supervisory Attorney.
[FR Doc. 2024-05272 Filed 3-12-24; 8:45 am]
BILLING CODE 7020-02-P