Notice2025-18371
Certain High-Strength Aluminum or Aluminum Alloy-Coated Steel, and Automotive Products and Automobiles Containing Same; Notice of a Commission Determination To Review a Final Initial Determination and, on Review, To Affirm the Final Initial Determination's Finding of No Violation of Section 337; Termination of the Investigation
Primary source
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Published
September 23, 2025
Issuing agencies
International Trade Commission
Abstract
Notice is hereby given that U.S. International Trade Commission ("Commission") has determined to review a final initial determination ("ID") of the presiding administrative law judge ("ALJ") and, on review, the Commission has determined to affirm the ID's finding of no violation of section 337. The investigation is terminated.
Full Text
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<title>Federal Register, Volume 90 Issue 182 (Tuesday, September 23, 2025)</title>
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[Federal Register Volume 90, Number 182 (Tuesday, September 23, 2025)]
[Notices]
[Page 45810]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-18371]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1402]
Certain High-Strength Aluminum or Aluminum Alloy-Coated Steel,
and Automotive Products and Automobiles Containing Same; Notice of a
Commission Determination To Review a Final Initial Determination and,
on Review, To Affirm the Final Initial Determination's Finding of No
Violation of Section 337; Termination of the Investigation
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
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SUMMARY: Notice is hereby given that U.S. International Trade
Commission (``Commission'') has determined to review a final initial
determination (``ID'') of the presiding administrative law judge
(``ALJ'') and, on review, the Commission has determined to affirm the
ID's finding of no violation of section 337. The investigation is
terminated.
FOR FURTHER INFORMATION CONTACT: Edward S. Jou, Esq., Office of the
General Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202) 205-3316. 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#2e6b6a677d1d664b425e6e5b5d475a4d00494158"><span class="__cf_email__" data-cfemail="eaafaea3b9d9a28f869aaa9f99839e89c48d859c">[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 May 24, 2024, based on a complaint (the ``Complaint'') filed on
behalf of Complainant ArcelorMittal of Luxembourg. 89 FR 45922-23 (May
24, 2024). The Complaint, as supplemented, alleged violations of
section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337,
based on the importation into the United States, the sale for
importation, and the sale within the United States after importation of
certain high-strength aluminum or aluminum alloy-coated steel, and
automotive products and automobiles containing same by reason of
infringement of claims 1-3, 5-10, 12, 20-22, 24-26, and 28 of U.S.
Patent No. 10,961,602 (``the '602 patent''), and claims 1, 2, 4-11, 13,
15-17, 22, 24, and 25 of U.S. Patent No. 11,326,227 (``the '227
patent''). Id. at 45923. The Complaint further alleges that a domestic
industry exists. Id. at 45922.
The Commission's notice of investigation named as respondents
VinFast Auto Ltd. and VinFast Trading and Production JSC of Hai Phong
City, Vietnam; and VinFast Auto, LLC, VinFast USA Distribution, LLC,
and Vingroup USA, LLC of Los Angeles, California (collectively,
``Respondents''). Id. at 45923. The Office of Unfair Import
Investigations is not participating in this investigation. Id.
An evidentiary hearing was held on March 3-7, 2025, and the ALJ
issued the final ID on July 18, 2025, finding no violation of section
337. Complainant filed a petition for review of the ID on August 1,
2025. Respondents also filed a petition for review of the ID on August
1, 2025. Complainant and Respondents filed responses in opposition to
their respective petitions on August 11, 2025.
Having reviewed the record of the investigation, including the
final ID, the parties' submissions to the ALJ, and the petitions for
review and responses thereto, the Commission has determined to review
the final ID, and, on review, the Commission has determined to affirm
the final ID's finding of no violation of section 337.
Specifically, the Commission has determined to affirm the final
ID's findings on statutory authority and importation and the finding
that claims 1-4, 7-10, 18, 20-22, 24, and 26 of the '602 patent, and
claims 1, 2, 4, 5, 7, 9, 10, 13, 15-17, and 24 of the '227 patent are
invalid as anticipated by the 2006 Volkswagen Passat. The Commission
thus determines that the domestic industry requirement is not
satisfied, because the claims that Complainant has asserted to be
practiced by its domestic industry articles are invalid, and therefore
Complainant has failed to satisfy the technical prong of the domestic
industry requirement. See Certain Vision-Based Driver Assistance System
Cameras and Components Thereof, Inv. No. 337-TA-907, Comm'n Op. at 36-
37 (Dec. 1, 2015). Accordingly, there is no violation of section 337.
The Commission has further determined to take no position on the
remaining findings in the final ID with respect to infringement,
whether the domestic industry articles practice claims of the asserted
patents, the economic prong of the domestic industry requirement, and
other invalidity grounds. See Beloit Corp. v. Valmet Oy, 742 F.2d 1421,
1424 (Fed. Cir. 1984). The investigation is hereby terminated.
The Commission vote for this determination took place on September
18, 2025.
This action is taken under the authority of 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: September 18, 2025.
Sharon Bellamy,
Supervisory Hearings and Information Officer.
[FR Doc. 2025-18371 Filed 9-22-25; 8:45 am]
BILLING CODE 7020-02-P
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