[Federal Register Volume 84, Number 202 (Friday, October 18, 2019)]
[Notices]
[Pages 55986-55987]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-22755]
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1123]
Certain Carburetors and Products Containing Such Carburetors;
Commission Decision To Review in Part an Initial Determination Finding
Complainant Failed To Satisfy the Economic Prong of the Domestic
Industry Requirement; Termination of the Investigation
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that the U.S. International Trade
Commission has determined to review in part the administrative law
judge's (``ALJ'') initial determination (``ID''), which grants
respondents' motion for summary determination that the complainant
failed to satisfy the economic prong of the domestic industry
requirement as to U.S. Patent Nos. 6,394,424 (``the '424 patent'');
6,439,547 (``the '547 patent''); 6,533,254 (``the '254 patent''); and
7,070,173 (``the '173 patent). On review, the Commission affirms with
modification the ID's finding that respondents are entitled to summary
determination that the complainant failed to satisfy the domestic
industry requirement. The investigation is terminated.
FOR FURTHER INFORMATION CONTACT: Lynde Herzbach, Office of the General
Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202) 205-3228. Copies of non-
confidential documents filed in connection with this investigation are
or will be 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, Washington, DC 20436,
telephone (202) 205-2000. General information concerning the Commission
may also be obtained by accessing its internet server at https://www.usitc.gov. The public record for this investigation may be viewed
on the Commission's electronic docket (EDIS) at https://edis.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: The Commission instituted this investigation
on July 20, 2018, based on a complaint filed by Walbro, LLC
(``Walbro'') of Tucson, Arizona. 83 FR 34614-615 (July 20, 2018). The
complaint, as supplemented, alleges violations of section 337 of the
Tariff Act of 1930, as amended, 19 U.S.C. 1337 (``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
carburetors and products containing such carburetors by reason of
infringement of one or more claims of the '424 patent; the '547 patent;
the '254 patent; the '173 patent, and U.S. Patent No. 6,540,212 (``the
'212 patent). Id. The complaint also alleges that an industry in the
United States exists as required by 19 U.S.C. 1337(a)(2). 83 FR 34614-
615. The notice of investigation names thirty-five (35) respondents.
Id. The Office of Unfair Import Investigations (``OUII'') is also a
party to the investigation. Id.
The Commission previously terminated the '212 patent from the
investigation. Order No. 72 (Aug. 5, 2019), not reviewed, Notice (Aug.
22, 2019).
On June 25, 2019, respondents Amazon.com, Inc.; Lowe's Companies,
Inc.; Menard, Inc.; Techtronic Industries Co. Ltd.; The Home Depot,
Inc.; Tractor Supply Company; Walmart, Inc.; and Zhejiang Ruixing
Carburetor Manufacturing Co., Ltd. (collectively, ``Respondents''), as
well as Cabela's LLC and Thunderbay Products, filed a motion for
summary determination that Walbro failed to satisfy the economic prong
of the domestic industry requirement. ID at 1. On July 12, 2019, Walbro
opposed the motion. Id. OUII did not submit a response to the motion.
Id.
On August 7, 2019, the Commission terminated Cabela's LLC from the
investigation due to settlement. Order No. 75 (Aug. 7, 2019), not
reviewed, Notice (Aug. 22, 2019). On July 10, 2019, the Commission also
terminated Thunderbay Products from the
[[Page 55987]]
investigation based on a stipulated consent order and entry of a
consent order. Order No. 65 (July 10, 2019), not reviewed, Notice (July
23, 2019).
On August 12, 2019, the ALJ issued the subject ID granting
Respondents' motion for summary determination that Walbro failed to
satisfy the economic prong of the domestic industry requirement. See
ID.
On August 22, 2019, Walbro filed a petition for review of the ID.
On August 29, 2019, Respondents and OUII both filed responses to
Walbro's petition for review.
The Commission has determined to review the subject ID in part.
First, the Commission notes that Walbro's petition states that it no
longer asserts the '547 patent in this investigation; and Walbro has
abandoned its claim of a domestic industry with respect to the '547
patent by failing to seek Commission review. See Walbro petition at 1;
see also 19 CFR 210.43(b)(2). Second, the Commission affirms the ID's
finding that respondents are entitled to summary determination that
Walbro failed to satisfy the domestic industry requirement. However,
the Commission declines to adopt certain statements on pages 4, 5, and
6 in the ID that could be misinterpreted as applying a minimum
threshold and as inconsistent with the flexible approach to domestic
industry analysis. The investigation is terminated.
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: October 11, 2019.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2019-22755 Filed 10-17-19; 8:45 am]
BILLING CODE 7020-02-P