Certain Replacement Automotive Lamps; Notice of Institution of Investigation
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Abstract
Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on December 15, 2021, under section 337 of the Tariff Act of 1930, as amended, on behalf of Kia Corporation of Korea and Kia America, Inc. of Irvine, California. A supplement to the Complaint was filed on January 6, 2022. 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 replacement automotive lamps by reason of infringement of U.S. Design Patent No. D592,773 ("the '773 patent"); U.S. Design Patent No. D635,701 ("the '701 patent"); U.S. Design Patent No. D636,506 ("the '506 patent"); U.S. Design Patent No. D650,931 ("the '931 patent"); U.S. Design Patent No. D695,933 ("the '933 patent"); U.S. Design Patent No. D705,963 ("the '963 patent"); U.S. Design Patent No. D709,218 ("the '218 patent"); U.S. Design Patent No. D714,975 ("the '975 patent"); U.S. Design Patent No. D714,976 ("the '976 patent"); U.S. Design Patent No. D720,871 ("the '871 patent"); U.S. Design Patent No. D749,757 ("the '757 patent"); U.S. Design Patent No. D749,762 ("the '762 patent"); U.S. Design Patent No. D749,764 ("the '764 patent"); U.S. Design Patent No. D774,222 ("the '222 patent"); U.S. Design Patent No. D774,223 ("the '223 patent"); U.S. Design Patent No. D776,311 ("the '311 patent"); U.S. Design Patent No. D781,471 ("the '471 patent"); U.S. Design Patent No. D785,833 ("the '833 patent"); U.S. Design Patent No. D785,836 ("the '836 patent"); and U.S. Design Patent No. D792,989 ("the '989 patent"). The complaint further alleges that an industry in the United States exists as required by the applicable Federal Statute. The complainant requests that the Commission institute an investigation and, after the investigation, issue a limited exclusion order and cease and desist orders.
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<title>Federal Register, Volume 87 Issue 15 (Monday, January 24, 2022)</title>
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[Federal Register Volume 87, Number 15 (Monday, January 24, 2022)]
[Notices]
[Pages 3584-3585]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-01235]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1291]
Certain Replacement Automotive Lamps; Notice of Institution of
Investigation
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
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SUMMARY: Notice is hereby given that a complaint was filed with the
U.S. International Trade Commission on December 15, 2021, under section
337 of the Tariff Act of 1930, as amended, on behalf of Kia Corporation
of Korea and Kia America, Inc. of Irvine, California. A supplement to
the Complaint was filed on January 6, 2022. 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 replacement automotive lamps by reason of
infringement of U.S. Design Patent No. D592,773 (``the '773 patent'');
U.S. Design Patent No. D635,701 (``the '701 patent''); U.S. Design
Patent No. D636,506 (``the '506 patent''); U.S. Design Patent No.
D650,931 (``the '931 patent''); U.S. Design Patent No. D695,933 (``the
'933 patent''); U.S. Design Patent No. D705,963 (``the '963 patent'');
U.S. Design Patent No. D709,218 (``the '218 patent''); U.S. Design
Patent No. D714,975 (``the '975 patent''); U.S. Design Patent No.
D714,976 (``the '976 patent''); U.S. Design Patent No. D720,871 (``the
'871 patent''); U.S. Design Patent No. D749,757 (``the '757 patent'');
U.S. Design Patent No. D749,762 (``the '762 patent''); U.S. Design
Patent No. D749,764 (``the '764 patent''); U.S. Design Patent No.
D774,222 (``the '222 patent''); U.S. Design Patent No. D774,223 (``the
'223 patent''); U.S. Design Patent No. D776,311 (``the '311 patent'');
U.S. Design Patent No. D781,471 (``the '471 patent''); U.S. Design
Patent No. D785,833 (``the '833 patent''); U.S. Design Patent No.
D785,836 (``the '836 patent''); and U.S. Design Patent No. D792,989
(``the '989 patent''). The complaint further alleges that an industry
in the United States exists as required by the applicable Federal
Statute.
The complainant requests that the Commission institute an
investigation and, after the investigation, issue a limited exclusion
order and cease and desist orders.
ADDRESSES: The complaint, except for any confidential information
contained therein, 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#3b7e7f726808735e574b7b4e48524f58155c544d"><span class="__cf_email__" data-cfemail="dd9899948eee95b8b1ad9da8aeb4a9bef3bab2ab">[email protected]</span></a>. Hearing impaired individuals are advised that
information on this matter can be obtained by contacting the
Commission's TDD terminal on (202) 205-1810. Persons with mobility
impairments who will need special assistance in gaining access to the
Commission should contact the Office of the Secretary at (202) 205-
2000. 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>.
FOR FURTHER INFORMATION CONTACT: Jessica Mullan, Office of the
Secretary, Docket Services Division, U.S. International Trade
Commission, telephone (202) 205-1802.
SUPPLEMENTARY INFORMATION:
Authority: The authority for institution of this investigation is
contained in section 337 of the Tariff Act of 1930, as amended, 19
U.S.C. 1337, and in section 210.10 of the Commission's Rules of
Practice and Procedure, 19 CFR 210.10 (2021).
Scope Of Investigation: Having considered the complaint, the U.S.
International Trade Commission, on January 18, 2022, ordered that--
(1) Pursuant to subsection (b) of section 337 of the Tariff Act of
1930, as amended, an investigation be instituted to determine whether
there is a violation of subsection (a)(1)(B) of section 337 in the
importation into the United States, the sale for importation, or the
sale within the United States after importation of certain products
identified in paragraph (2) by reason of infringement of one or more of
the claim of the '773 patent; the claim of the '701 patent; the claim
of the '506 patent; the claim of the '931 patent; the claim of the '933
patent; the claim of the '963 patent; the claim of the '218 patent; the
claim of the '975 patent; the claim of the '976 patent; the claim of
the '871 patent; the claim of the '757 patent; the claim of the '762
patent; the claim of the'764 patent; the claim of the '222 patent; the
claim of the '223 patent; the claim of the '311 patent; the claim of
the '471 patent; the claim of the '833 patent; the claim of the '836
patent; and the claim of the '989 patent, and whether an industry in
the United States exists as required by subsection (a)(2) of section
337;
(2) Pursuant to section 210.10(b)(1) of the Commission's Rules of
Practice and Procedure, 19 CFR 210.10(b)(1), the plain language
description of the accused products or category of accused products,
which defines the scope of the investigation, is ``replacement
automotive headlamps and taillamps for certain Kia-branded
automobiles'';
(3) For the purpose of the investigation so instituted, the
following are hereby named as parties upon which this notice of
investigation shall be served:
(a) The complainants are:
Kia Corporation, 12, Heolleung-ro, Seocho-gu, Seoul 06797
Republic of Korea, Kia America, Inc., 111 Peters Canyon Rd., Irvine, CA
92606
(b) The respondents are the following entities alleged to be in
violation of section 337, and are the parties upon which the complaint
is to be served:
TYC Brother Industrial Co., Ltd., No. 72-2, Shin-Leh Road, An-Ping
Industrial District, Tainan, Taiwan 70248
Genera Corporation (dba. TYC Genera), 2800 Saturn Street, Brea, CA
92821
LKQ Corporation, 500 West Madison Street, Suite 2800, Chicago, IL 60661
Keystone Automotive Industries, Inc., 44 Tunkhannock Avenue, Exeter, PA
18643
[[Page 3585]]
(4) For the investigation so instituted, the Chief Administrative
Law Judge, U.S. International Trade Commission, shall designate the
presiding Administrative Law Judge.
The Office of Unfair Import Investigations will not participate as
a party in this investigation.
Responses to the complaint and the notice of investigation must be
submitted by the named respondents in accordance with section 210.13 of
the Commission's Rules of Practice and Procedure, 19 CFR 210.13.
Pursuant to 19 CFR 201.16(e) and 210.13(a), as amended in 85 FR 15798
(March 19, 2020), such responses will be considered by the Commission
if received not later than 20 days after the date of service by the
complainants of the complaint and the notice of investigation.
Extensions of time for submitting responses to the complaint and the
notice of investigation will not be granted unless good cause therefor
is shown.
Failure of a respondent to file a timely response to each
allegation in the complaint and in this notice may be deemed to
constitute a waiver of the right to appear and contest the allegations
of the complaint and this notice, and to authorize the administrative
law judge and the Commission, without further notice to the respondent,
to find the facts to be as alleged in the complaint and this notice and
to enter an initial determination and a final determination containing
such findings, and may result in the issuance of an exclusion order or
a cease and desist order or both directed against the respondent.
By order of the Commission.
Issued: January 18, 2022.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2022-01235 Filed 1-21-22; 8:45 am]
BILLING CODE 7020-02-P
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