[Federal Register Volume 75, Number 116 (Thursday, June 17, 2010)]
[Notices]
[Pages 34483-34484]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-14597]
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INTERNATIONAL TRADE COMMISSION
[Inv. No. 337-TA-722]
In the Matter of Certain Automotive Vehicles and Designs
Therefore; Notice of Investigation
AGENCY: U.S. International Trade Commission.
ACTION: Institution of investigation pursuant to 19 U.S.C. 1337.
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SUMMARY: Notice is hereby given that a complaint was filed with the
U.S. International Trade Commission on May 14, 2010, under section 337
of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of
Chrysler Group LLC of Auburn Hills, Michigan. An amended complaint was
filed on June 4, 2010. 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 automotive vehicles and designs therefore by reason of
infringement of U.S. Patent No. D513,395. The complaint further alleges
that an industry in the United States exists as required by subsection
(a)(2) of section 337.
The complainant requests that the Commission institute an
investigation and, after the investigation, issue an exclusion order
and a cease and desist order.
ADDRESSES: The complaint, except for any confidential information
contained therein, is available for inspection during official business
hours (8:45 a.m. to 5:15 p.m.) in the Office of the Secretary, U.S.
International Trade Commission, 500 E Street, SW., Room 112,
Washington, DC 20436, telephone 202-205-2000. 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 http://www.usitc.gov. The
public record for this investigation may be viewed on the Commission's
electronic docket (EDIS) at http://edis.usitc.gov.
FOR FURTHER INFORMATION CONTACT: Anne Goalwin, Esq., Office of Unfair
Import Investigations, U.S. International Trade Commission, telephone
(202) 205-2574.
Authority: The authority for institution of this investigation
is contained in section 337 of the Tariff Act of 1930, as amended,
and in section 210.10 of the Commission's Rules of Practice and
Procedure, 19 CFR 210.10 (2010).
Scope of Investigation: Having considered the complaint, the U.S.
International Trade Commission, on June 10, 2010, 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 automotive
vehicles and designs therefore that infringe U.S. Patent No. D513,395,
and whether an industry in the United
[[Page 34484]]
States exists as required by subsection (a)(2) of section 337;
(2) 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 complainant is: Chrysler Group LLC, 1000 Chrysler Dr.,
Auburn Hills, MI 48321.
(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:
Xingyue Group Co., Ltd., Gushan Industry Zone, Yongkang, Zhejiang
Province, China 321307.
Shanghai Xingyue Power Machinery Co. Ltd., No. 1751, Zhouzhu Road,
Nanhui District, Shanghai City, Shanghai, China 201321.
Shanghai Xingyue USA, Inc., 719 Nogales Street, City of Industry, CA
91748.
Zhejiang Xingyue Vehicle Co. Ltd., Gushan, Yongkang, Zhejian Province,
China 321307.
Shanghai Tandem Industrial Co., Ltd., 53 Building, 3297 Hong Mei Road,
Shanghai, China 201103.
Boat N RV Supercenter, 2475 Westel Road, Rockwood, TN 37854.
Vehicles Online, Inc., 537 W. Cama Street, Charlotte, NC 28217.
(c) The Commission investigative attorney, party to this
investigation, is Anne Goalwin, Esq., Office of Unfair Import
Investigations, U.S. International Trade Commission, 500 E Street, SW.,
Suite 401, Washington, DC 20436; and
(3) For the investigation so instituted, the Honorable Paul J.
Luckern, Chief Administrative Law Judge, U.S. International Trade
Commission, shall designate the presiding Administrative Law Judge.
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(d)-(e) and 210.13(a), such responses will be
considered by the Commission if received not later than 20 days after
the date of service by the Commission 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.
Issued: June 11, 2010.
By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 2010-14597 Filed 6-16-10; 8:45 am]
BILLING CODE 7020-02-P