[Federal Register Volume 89, Number 50 (Wednesday, March 13, 2024)]
[Notices]
[Pages 18431-18432]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-05273]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1292]


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

AGENCY: International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission (``Commission'') has found no violation of section 337 of 
the Tariff Act of 1930, as amended, in the above-captioned 
investigation. The investigation is terminated.

FOR FURTHER INFORMATION CONTACT: Lynde Herzbach, Office of the General 
Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone (202) 205-3228. 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: On January 24, 2022, the Commission 
instituted this investigation under

[[Page 18432]]

section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337 
(``section 337''), based on a complaint filed by Hyundai Motor Company 
of Seoul, Republic of Korea and Hyundai Motor America, Inc. of Fountain 
Valley, CA (collectively, ``Hyundai''). See 87 FR 3583-84 (Jan. 24, 
2022). The complaint alleges a violation of section 337 based upon the 
importation into the United States, sale for importation, or sale after 
importation into the United States of certain replacement automotive 
lamps by reason of infringement of certain claims of U.S. Design Patent 
Nos. D617,478; D618,835; D618,836; D631,583; D637,319; D640,812; 
D655,835; D664,690; D709,217; D736,436; D738,003; D739,057; D739,574; 
D740,980; D759,864; D759,865; D771,292; D780,351; D818,163; D829,947; 
and D834,225 (collectively, ``Asserted Patents''). Id. The complaint 
further alleges that a domestic industry exists. Id. The notice of 
investigation names four respondents: (1) TYC Brother Industrial Co., 
Ltd. of Tainan, Taiwan; (2) Genera Corporation (dba. TYC Genera) of 
Brea, California; (3) LKQ Corporation of Chicago, Illinois; and (4) 
Keystone Automotive Industries, Inc. of Exeter, Pennsylvania 
(collectively, ``Respondents''). Id. The Office of Unfair Import 
Investigations is not named as a party.
    On February 7, 2022, the Chief Administrative Law Judge (``CALJ'') 
ordered an evidentiary hearing for both Inv. Nos. 337-TA-1291 and 337-
TA-1292 on the economic prong of the domestic industry requirement 
pursuant to the Commission's pilot program for interim initial 
determinations (``IID''). See Order No. 7 (Feb. 7, 2022). The combined 
evidentiary hearing was held on April 20, 2022. On July 1, 2022, the 
CALJ issued an IID finding that Hyundai 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. See Comm'n Notice (Aug. 24, 2022).
    On January 24, 2023, the CALJ issued a final initial determination 
(``FID'') finding a violation of section 337 by Respondents based on 
infringement of each of the Asserted Patents. The FID also finds that 
no Asserted Patent is invalid as anticipated or obvious. The FID 
further finds that Hyundai has satisfied the technical prong as to 
certain representative domestic industry products. Concerning the 
economic prong of the domestic industry requirement, the FID reduces 
Hyundai's alleged investments due to Hyundai's failure to establish 
that certain of its alleged domestic industry products are 
representative of other alleged domestic industry products. The FID 
finds, however, that the economic prong of the domestic industry 
requirement is satisfied for all of the Asserted Patents based on the 
reduced investments. The CALJ also simultaneously issued a recommended 
determination on remedy and bonding (``RD'') recommending that, if the 
Commission finds a violation, it should issue a limited exclusion order 
but not issue any cease and desist order against any of Respondents.
    On February 6, 2023, Respondents filed a petition for review 
challenging the FID's findings on the economic prong of the domestic 
industry requirement, infringement, and validity. Also on February 6, 
2023, Hyundai filed a petition for review challenging the RD's 
recommendations and contingently petitioning regarding the FID's 
findings concerning non-satisfaction of the technical prong of the 
domestic industry requirement for certain non-representative products. 
On February 14, 2023, Respondents and Hyundai filed responses to each 
other's petitions.
    On February 23, 2023, the Commission received public interest 
submissions pursuant to Commission Rule 210.50(a)(4) from the LKQ 
Respondents and the TYC Respondents. 19 CFR 210.50(a)(4). On February 
22 and 23, 2023, the Commission received twelve responses to the 
Commission notice seeking public interest submission. 88 FR 7759-7760 
(Feb. 6, 2023).
    On May 11, 2023, the Commission determined to review the FID in its 
entirety. 88 FR 31522-24 (May 17,2023). The Commission asked the 
parties to address four questions, which related to infringement, the 
technical prong of the domestic industry requirement, and the economic 
prong of the domestic industry requirement. Id. The Commission also 
requested briefing from the parties, interested government agencies, 
and the public concerning remedy, bonding, and the public interest. Id.
    On May 25, 2023, Hyundai and Respondents filed their initial 
written responses to the Commission's request for briefing. On June 1, 
2023, Hyundai and Respondents filed their reply submission.
    On June 15, 2023, Respondents filed a motion to strike a 
declaration filed with the Hyundai reply submission. On June 26, 2023, 
Hyundai filed an opposition to the motion to strike.
    Having reviewed the record of the investigation, including the IID, 
the FID, and the parties' petitions, responses, and other submissions, 
the Commission has determined to find no violation of section 337 with 
respect to the Asserted Patents. Specifically, the Commission has 
determined to vacate the IID and the FID's economic prong findings and 
find that Hyundai 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 further 
finds that Respondents' motion to strike the declaration filed with 
Hyundai's reply submission is moot in view of the finding that there is 
no violation of section 337 and the public interest factors do not need 
to be addressed.
    The investigation is terminated with a finding of no violation of 
section 337. The Commission's reasoning in support of its 
determinations is set forth more fully in its opinion.
    Commissioner Schmidtlein does not join the majority's opinion but 
agrees that Hyundai 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. 2024-05273 Filed 3-12-24; 8:45 am]
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