Notice2021-27758
Certain Vehicle Control Systems, Vehicles Containing the Same, and Components Thereof; Notice of a Commission Determination Not To Review an Initial Determination Granting a Joint Motion To Terminate the Investigation Due to a Settlement Agreement; Termination of the Investigation
Primary source
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Published
December 22, 2021
Issuing agencies
International Trade Commission
Abstract
Notice is hereby given that the U.S. International Trade Commission ("Commission") has determined not to review an initial determination ("ID") (Order No. 58) issued by the presiding administrative law judge ("ALJ") granting a joint motion to terminate the investigation based on a settlement agreement. The investigation is hereby terminated.
Full Text
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<title>Federal Register, Volume 86 Issue 243 (Wednesday, December 22, 2021)</title>
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[Federal Register Volume 86, Number 243 (Wednesday, December 22, 2021)]
[Notices]
[Pages 72618-72619]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-27758]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1235]
Certain Vehicle Control Systems, Vehicles Containing the Same,
and Components Thereof; Notice of a Commission Determination Not To
Review an Initial Determination Granting a Joint Motion To Terminate
the Investigation Due to a Settlement Agreement; Termination 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 (``Commission'') has
[[Page 72619]]
determined not to review an initial determination (``ID'') (Order No.
58) issued by the presiding administrative law judge (``ALJ'') granting
a joint motion to terminate the investigation based on a settlement
agreement. The investigation is hereby terminated.
FOR FURTHER INFORMATION CONTACT: Carl P. Bretscher, Esq., Office of the
General Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202) 205-2382. Copies of non-
confidential documents filed in connection with this investigation may
be viewed on the Commission's electronic docket (EDIS) at <a href="https://edis.usitc.gov">https://edis.usitc.gov</a>. For help accessing EDIS, please email
<a href="/cdn-cgi/l/email-protection#6227262b31512a070e122217110b16014c050d14"><span class="__cf_email__" data-cfemail="7c3938352f4f3419100c3c090f15081f521b130a">[email protected]</span></a>. General information concerning the Commission may
also be obtained by accessing its internet server at <a href="https://www.usitc.gov">https://www.usitc.gov</a>. 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 29, 2020, based on a complaint, as supplemented, filed by
Jaguar Land Rover Ltd. of Coventry, United Kingdom and Jaguar Land
Rover North America, LLC of Mahwah, New Jersey (collectively, ``JLR'').
85 FR 85659 (Dec. 29, 2020). The complaint, as supplemented, alleges
violations of section 337 of the Tariff Act of 1930, as amended, 19
U.S.C. 1337 (``Section 337''), in the importation into the United
States, sale for importation, or sale in the United States after
importation of certain vehicle control systems, vehicles containing the
same, and components thereof by reason of infringement of certain
claims of U.S. Patent No. RE46,828 (``the '828 patent''). The complaint
further alleges that a domestic industry exists. Id. The Commission's
notice of investigation named the following respondents: Dr. Ing. h.c.
F. Porsche AG (d/b/a Porsche AG) of Stuttgart, Germany; Porsche Cars
North America, Inc. of Atlanta, Georgia; Automobili Lamborghini S.p.A.
of Sant'Agata Bolognese, Italy; Automobili Lamborghini America, LLC of
Herndon, Virginia; Volkswagen AG of Wolfsburg, Germany; Volkswagen
Group of America, Inc. of Herndon, Virginia; Audi AG of Ingolstadt,
Germany; and Audi of America, LLC of Herndon, Virginia. Id. The Office
of Unfair Import Investigations was not named as a party to this
investigation. Id.
The Commission partially terminated the investigation with respect
to certain claims of the '828 patent based on unopposed motions filed
by JLR. Order No. 43 (May 3, 2021), unreviewed by Comm'n Notice (June
1, 2021); Order No. 47 (Aug. 4, 2021), unreviewed by Comm'n Notice
(Aug. 18, 2021); Order No. 48 (Aug. 5, 2021), unreviewed by Comm'n
Notice (Aug. 18, 2021).
On September 27, 2021, JLR and Respondents filed a joint motion to
terminate the investigation based on a settlement agreement that
settled all of the issues between the parties.
On November 18, 2021, the presiding ALJ issued the subject ID
(Order No. 58) granting the joint motion to terminate the
investigation. The ID finds that the settlement agreement complies with
Commission Rules 210.21(a)(1) and 210.21(b)(1) (19 CFR 210.21(a)(1),
210.21(b)(1)) because it completely resolves the dispute between the
parties, and there are no other agreements, written or oral, express or
implied, between the parties concerning the subject matter of the
investigation. The ID also finds that terminating the investigation is
in the public interest and will conserve public and private resources.
The ID finds there are no extraordinary circumstances that would
prevent the termination of this investigation.
No petition for review of the subject ID was filed.
The Commission has determined not to review the subject ID.
Accordingly, the investigation is hereby terminated in its entirety.
The Commission vote for this determination took place on December
17, 2021.
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: December 17, 2021.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2021-27758 Filed 12-21-21; 8:45 am]
BILLING CODE 7020-02-P
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