Commission Determination Not To Review an Initial Determination Granting a Motion for Leave To Amend the Complaint and Notice of Investigation

• Published date: 18 June 2019
• Citation: 84 FR 28334
• Record Number: 2019-12776
• Section: Notices
• Court: International Trade Commission,Carburetors And Products Containing Such Carburetors

Federal Register, Volume 84 Issue 117 (Tuesday, June 18, 2019)

[Federal Register Volume 84, Number 117 (Tuesday, June 18, 2019)]
                [Notices]
                [Pages 28334-28335]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2019-12776]
                =======================================================================
                -----------------------------------------------------------------------
                INTERNATIONAL TRADE COMMISSION
                Carburetors and Products Containing Such Carburetors
                [Investigation No. 337-TA-1123]
                Commission Determination Not To Review an Initial Determination
                Granting a Motion for Leave To Amend the Complaint and Notice of
                Investigation
                AGENCY: U.S. International Trade Commission.
                ACTION: Notice.
                -----------------------------------------------------------------------
                SUMMARY: Notice is hereby given that the U.S. International Trade
                Commission has determined not to review an initial determination
                (``ID'') (Order No. 53) of the presiding administrative law judge
                (``ALJ''), granting complainant's unopposed motion for leave to amend
                the complaint and notice of investigation to substitute ``Home Depot
                Product Authority LLC'' and ``Home Depot U.S.A., Inc.'' for originally-
                named respondent ``The Home Depot, Inc.'' of Atlanta, Georgia.
                FOR FURTHER INFORMATION CONTACT: Amanda Pitcher Fisherow, Esq., Office
                of the General Counsel, U.S. International Trade Commission, 500 E
                Street SW, Washington, DC 20436, telephone (202) 205-2737. 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, as supplemented, filed on
                behalf of Walbro, LLC of Tucson, Arizona (``Complainant''). 83 FR
                34,614 (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 of U.S.
                Patent Nos. 6,394,424; 6,439,547; 6,533,254; 6,540,212; and 7,070,173.
                The complaint further alleges that an industry in the United States
                exists as required by section 337. The notice of investigation named
                numerous respondents, including The Home Depot, Inc. The Office of
                Unfair Import Investigations (``OUII'') was named as a party in this
                investigation.
                 On May 8, 2019, Complainant filed an unopposed motion to amend the
                complaint and notice of investigation to substituted ``Home Depot
                Product Authority LLC'' and ``Home Depot U.S.A., Inc.'' for originally-
                named respondent ``The Home Depot, Inc.'' On May 20, 2019, OUII filed a
                response supporting the motion.
                 On May 28, 2019, the ALJ issued Order No. 53. Order No. 53 finds
                that ``good cause exists for amending the Complaint to substitute
                Respondents Home Depot Product Authority LLC and
                [[Page 28335]]
                Home Depot U.S.A, Inc. for Respondent The Home Depot, Inc.'' Order No.
                53 at 2. The ALJ further finds that ``amending the Complaint and Notice
                of Investigation to reflect the real parties in interest will aid in
                the development of the Investigation and is necessary to avoid
                prejudicing the public interest and rights of the parties to the
                Investigation.'' Id. No party petitioned for review.
                 The Commission has determined not to review the ID. The notice of
                investigation and complaint are amended.
                 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: June 12, 2019.
                Lisa Barton,
                Secretary to the Commission.
                [FR Doc. 2019-12776 Filed 6-17-19; 8:45 am]
                BILLING CODE 7020-02-P