[Federal Register Volume 85, Number 164 (Monday, August 24, 2020)]
[Notices]
[Pages 52154-52155]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-18446]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1160]
Certain Replacement Automotive Service and Collision Parts and
Components Thereof; Commission Determination To Issue a Limited
Exclusion Order and Cease and Desist Orders Against Defaulting
Respondents; 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 (the ``Commission'') has determined to issue a limited
exclusion order and cease and desist orders against the following
respondents found in default in this investigation: AJ Auto Spare Parts
FZE of Dubai, United Arab Emirates; John Auto Spare Parts Co. LLC of
Dubai, United Arab Emirates; and Cuong Anh Co. Ltd. of Ninh Binh
Province, Vietnam (collectively, ``the Defaulting Respondents''). The
Commission has also determined to impose a bond equal to one hundred
(100) percent of the entered value of the infringing products imported
during the period of Presidential review. The investigation is hereby
terminated.
FOR FURTHER INFORMATION CONTACT: Benjamin S. Richards, Esq., Office of
the General Counsel, U.S. International Trade Commission, 500 E Street
SW, Washington, DC 20436, telephone (202) 708-5453. 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
EDIS3Help@usitc.gov. 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 June 7, 2019, the Commission instituted
the above-referenced investigation based on a complaint filed by
Hyundai Motor America, Inc. of Fountain Valley, California and Hyundai
Motor Company of Seoul, Republic of Korea (collectively, ``Hyundai'').
84 FR 26703-04 (June 7, 2019). The complaint alleges a violation of 19
U.S.C. 1337, as amended (``Section 337''), in the importation, sale for
importation, or sale in the United States after importation of certain
gray market Hyundai parts in the categories of belts, body exterior and
interior parts, brakes, wheel hubs, cooling system parts, drivetrain
parts, electrical parts, emission parts, engine parts, exhaust parts,
fuel/air pumps, oil/air/cabin air filters and parts, heat and A/C
parts, ignition parts, steering parts, suspension parts, transmission
parts, wheels and parts, wiper and washer parts, and accessories that
infringe one or more of Hyundai's U.S. Trademark Registration Nos.
1,104,727; 3,991,863; 1,569,538; and 4,065,195. Id. at 26704. The
complaint further alleges that a domestic industry exists in the United
States. Id.
The Commission's notice of investigation named Direct Technologies
International, Inc. (``DTI'') of North Miami Beach, Florida; AJ Auto
Spare Parts FZE (``AJ Auto'') and John Auto Spare Parts Co. LLC (``John
Auto''), both of Dubai, United Arab Emirates; and Cuong Anh Co. Ltd.
(``Cuong Anh'') of Ninh Binh Province, Vietnam as respondents. The
Office of Unfair Import Investigations was not named as a party to this
investigation.
On November 25, 2019, the Commission determined not to review an
initial determination (``ID'') granting Hyundai's unopposed motion to
find respondents AJ Auto, John Auto, and Cuong Anh (collectively, the
``Defaulting Respondents'') in default. Order No. 17 (Nov. 5, 2019),
not reviewed, Comm'n Notice (Nov. 25, 2019). Thereafter, on January 24,
2020, Hyundai filed a declaration seeking immediate entry of a limited
exclusion order against the Defaulting Respondents and any of their
affiliated companies, parents, subsidiaries, and related business
entities, successors or assigns.
On February 18, 2020, the Commission determined not to review an ID
granting Hyundai's unopposed motion for summary determination that
Hyundai satisfies the domestic industry requirement of section 337.
Order No. 26 (Jan. 16, 2020), not reviewed, Comm'n Notice (Feb. 18,
2020).
On March 26, 2020, the Commission determined not to review an ID
granting a joint motion by Hyundai and DTI to terminate the
investigation as to DTI based on a consent order. Order No. 36 (Mar. 5,
2020), not reviewed, Comm'n Notice (Mar. 26, 2020). The Commission
concurrently issued a consent order directed to DTI, found that
Hyundai's January 24, 2020 declaration for immediate relief against the
Defaulting Respondents was moot, and requested briefing on the issues
of remedy, bonding, and the public interest with respect to the
Defaulting Respondents. Comm'n Notice, 2-3 (Mar. 26, 2020).
On April 9, 2020, Hyundai filed the sole response to the
Commission's request for briefing. No replies or other submissions were
received.
Upon review of the record, and in the absence of any response from
the Defaulting Respondents or from other interested persons or
government agencies, and having concluded that it would not be contrary
to the public interest to do so, the Commission has determined to issue
a limited exclusion order and cease and desist orders against the
Defaulting Respondents. The Commission has further determined to set a
bond in the amount of one hundred (100) percent of the entered value of
the covered products.
The investigation is hereby terminated.
While temporary remote operating procedures are in place in
response to COVID-19, the Office of the Secretary is not able to serve
parties that have not retained counsel or otherwise provided a point of
contact for electronic service. Accordingly, pursuant to Commission
Rules 201.16(a) and 210.7(a)(1) (19 CFR 201.16(a), 210.7(a)(1)), the
Commission orders that the Hyundai complete service for any party/
parties without a method of electronic service noted on the attached
Certificate of Service and shall file proof of service on the
Electronic Document Information System (EDIS).
The Commission vote for this determination took place on August 18,
2020.
The authority for the Commission's determination is contained in
Section
[[Page 52155]]
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: August 18, 2020.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2020-18446 Filed 8-21-20; 8:45 am]
BILLING CODE 7020-02-P