UNITED STATES INTERNATIONAL TRADE COMMISSION
`Washington, D.C.
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`
`
`In the Matter of
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`
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`CERTAIN PICK-UP TRUCK FOLDING
`BED COVER SYSTEMS AND
`COMPONENTS THEREOF (III)
`
`
`Investigation No. 337-TA-1353
`
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` GENERAL EXCLUSION ORDER
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`The United States International Trade Commission (“Commission”) has determined that
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`there is a violation of section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. § 1337, in the
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`unlawful importation, sale for importation, or sale within the United States after importation of
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`certain pick-up truck folding bed cover systems and components thereof (as defined in paragraph
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`2 below) that infringe one or more of claims 2-4 of the U.S. Patent No. 8,061,758 (“the ’758
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`Patent”) and 1-3 of U.S. Patent No. 7,484,788 (“the ’788 Patent”).
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`Having reviewed the record in this investigation, including the written submissions of the
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`parties, the Commission has made its determination on the issues of remedy, the public interest,
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`and bonding. The Commission has determined that a general exclusion from entry for
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`consumption is necessary (1) to prevent circumvention of an exclusion order limited to products
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`of named persons and (2) because there is a pattern of violation of Section 337 and it is difficult
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`to identify the source of the infringing products. Accordingly, the Commission has determined
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`to issue a general exclusion order prohibiting the unlicensed importation of infringing pick-up
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`truck folding bed cover systems and components thereof.
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`The Commission has also determined that the public interest factors enumerated in 19
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`U.S.C. § 1337(d) do not preclude the issuance of the general exclusion order, and that the bond
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`Washington, D.C.
`
`
`
`In the Matter of
`
`
`
`CERTAIN PICK-UP TRUCK FOLDING
`BED COVER SYSTEMS AND
`COMPONENTS THEREOF (III)
`
`
`Investigation No. 337-TA-1353
`
`
` GENERAL EXCLUSION ORDER
`
`
`
`The United States International Trade Commission (“Commission”) has determined that
`
`there is a violation of section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. § 1337, in the
`
`unlawful importation, sale for importation, or sale within the United States after importation of
`
`certain pick-up truck folding bed cover systems and components thereof (as defined in paragraph
`
`2 below) that infringe one or more of claims 2-4 of the U.S. Patent No. 8,061,758 (“the ’758
`
`Patent”) and 1-3 of U.S. Patent No. 7,484,788 (“the ’788 Patent”).
`
`Having reviewed the record in this investigation, including the written submissions of the
`
`parties, the Commission has made its determination on the issues of remedy, the public interest,
`
`and bonding. The Commission has determined that a general exclusion from entry for
`
`consumption is necessary (1) to prevent circumvention of an exclusion order limited to products
`
`of named persons and (2) because there is a pattern of violation of Section 337 and it is difficult
`
`to identify the source of the infringing products. Accordingly, the Commission has determined
`
`to issue a general exclusion order prohibiting the unlicensed importation of infringing pick-up
`
`truck folding bed cover systems and components thereof.
`
`The Commission has also determined that the public interest factors enumerated in 19
`
`U.S.C. § 1337(d) do not preclude the issuance of the general exclusion order, and that the bond
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`
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`during the period of Presidential review shall be in the amount of 100 percent (100%) of the
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`entered value of the articles in question.
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`Accordingly, the Commission hereby ORDERS that:
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`1.
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`Pick-up truck folding bed cover systems and components thereof (as defined in
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`paragraph 2 below) that infringe one or more of claims 2-4 of the ’758 Patent and 1-3 of the ’788
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`Patent are excluded from entry for consumption into the United States, entry for consumption
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`from a foreign trade zone, or withdrawal from a warehouse for consumption, for the remaining
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`term of the patents, except under license from, or with the permission of, the patent owner or as
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`provided by law.
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`2.
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`The pick-up truck folding bed cover systems and components thereof that are
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`subject to this Order (i.e., “covered articles”) are as follows: multi-panel folding cover systems
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`that rest either on sides of pick-up truck beds or on rails placed on the insides of pick-up truck
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`beds, including components of such systems such as clamps and rails used to attach folding bed
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`covers to pick-up truck beds.
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`3.
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`Notwithstanding paragraph 1 of this Order, covered articles are entitled to entry
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`into the United States for consumption, entry for consumption from a foreign-trade zone, or
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`withdrawal from a warehouse for consumption under bond in the amount of 100 percent (100%)
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`of the entered value of the products, pursuant to subsection (j) of Section 337 (19 U.S.C.
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`§ 1337(j)) and the Presidential Memorandum for the United States Trade Representative of July
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`21, 2005 (70 Fed. Reg. 43,251), from the day after this Order is received by the United States
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`Trade Representative until such time as the United States Trade Representative notifies the
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`Commission that this Order is approved or disapproved but, in any event, not later than sixty (60)
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`days after the date of receipt of this Order. All entries of covered articles made pursuant to this
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`
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`paragraph are to be reported to U.S. Customs and Border Protection (“CBP”), in advance of the
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`date of the entry, pursuant to procedures CBP establishes.
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`4.
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`At the discretion of CBP and pursuant to the procedures it establishes, persons
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`seeking to import articles that are potentially subject to this Order may be required to certify that
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`they are familiar with the terms of this Order, that they have made appropriate inquiry, and
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`thereupon state that, to the best of their knowledge and belief, the products being imported are
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`not excluded from entry under paragraph 1 of this Order. At its discretion, CBP may require
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`persons who have provided the certification described in this paragraph to furnish such records
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`or analyses as are necessary to substantiate the certification.
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`5.
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`In accordance with 19 U.S.C. § 1337(l), the provisions of this Order shall not
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`apply to covered articles that are imported by and for the use of the United States, or imported
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`for, and to be used for, the United States with the authorization or consent of the Government.
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`6.
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`The Commission may modify this Order in accordance with the procedures
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`described in section 210.76 of the Commission’s Rules of Practice and Procedure (19 C.F.R.
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`§ 210.76).
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`7.
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`The Secretary shall serve copies of this Order upon each party of record in this
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`investigation and upon CBP.
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`8.
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`Notice of this Order shall be published in the Federal Register.
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`By order of the Commission.
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`Issued: September 19, 2024
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` Lisa R. Barton
` Secretary to the Commission
`
`
`
`
`
`CERTAIN PICK-UP TRUCK FOLDING BED
`COVER SYSTEMS AND COMPONENTS
`THEREOF (III)
`
` Inv. No. 337-TA-1353
`
`PUBLIC CERTIFICATE OF SERVICE
`
`I, Lisa R. Barton, hereby certify that the attached ORDER, COMMISSION has been
`served via EDIS upon the Commission Investigative Attorney, Marissa Ducca, Esq., and the
`following parties as indicated, on September 19, 2024.
`
`Lisa R. Barton, Secretary
`U.S. International Trade Commission
`500 E Street, SW, Room 112
`Washington, DC 20436
`
`On Behalf of Complainants Extang Corporation, Laurmark
`Enterprises, Inc. d/b/a BAK Industries, and UnderCover, Inc.:
`
`H. Jonathan Redway, Esq.
`DICHINSON WRIGHT PLLC
`International Square
`1825 Eye Street, NW, Suite 900
`Washington, DC 20006
`Email: jredway@dickinson-wright.com
`
`☐ Via Hand Delivery
`☐ Via Express Delivery
`☐ Via First Class Mail
`☒ Other: Email Notification
`of Availability for Download
`
`On Behalf of Respondents Auto Dynasty a/k/a Shun Fung
`Int’l Inc., DNA Motoring, Future Trucks a/k/a Future
`Trading Company, LLC, Hong Kong Yintatech Network Co.,
`Ltd. a/k/a OEDRO, Jiaxing Kscar Auto Accessories Co., Ltd.
`a/k/a KSC Auto, Kiko Kikito, Lyon Cover Auto a/k/a Truck
`Tonneau Covers, MOSTPLUS Auto, OEDRO, Ultimate
`Motor Parts Limited, Wenzhou Tianmao Automobile Parts
`Co., Ltd., Wenzhou Tianmao Automobile Parts Co., Ltd. DBA
`Kikito, Rui’an Yiming Trading Co. Ltd., Wenzhou Tianmao
`Automobile Parts Co., Ltd. DBA Lyon Cover and Wenzhou
`Chaoming Auto Parts Co., Ltd.:
`
`Lyle Brent Vander Schaaf, Esq.
`CROWELL & MORNING LLP
`1001 Pennsylvania Avenue, N.W.
`Washington, DC 20004
`Email: lvanderschaaf@crowell.com
`
`☐ Via Hand Delivery
`☐ Via Express Delivery
`☐ Via First Class Mail
`☒ Other: Email Notification
`of Availability for Download
`
`
`
`
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`
`
`CERTAIN PICK-UP TRUCK FOLDING BED
`COVER SYSTEMS AND COMPONENTS
`THEREOF (III)
`
`Certificate of Service – Page 2
`On Behalf of Respondents New Home Materials, Inc. and
`Newpowa America, Inc.:
`
`Austen C. Endersby, Esq.
`FOX ROTHCHILD LLP
`919 North Market Street Suite 300
`Wilmington, DE 19801
`Email: aendersby@foxrothschild.com
`
`On Behalf of Respondents Advance Tuning, LLC d/b/a Ikon
`Motorsports, Inc. and Ikon Motorsports, Inc.:
`
`William Barrow, Esq.
`MAYER BROWN LLP
`1900 K Street, NW
`Washington, DC 20006
`Email: wbarrow@mayerbrown.com
`
`
`On Behalf of Respondents Mamoru Cover a/k/a Ningbo
`Surpass Auto Parts Co., Ltd. and Ningbo Surpass Auto Parts
`Co., Ltd.:
`
`Gary M. Hnath, Esq.
`MAYER BROWN LLP
`1900 K Street, NW
`Washington, DC 20006
`Email: ghnath@mayerbrown.com
`
`
`On Behalf of Respondents AUTOSTARLAND Technology
`(US), Inc. and Autostarland Technology (US), Inc. dba Pickup
`Zone:
`
`Clement Cheng, Esq.
`NEWHOPE LAW, P.C.
`4522 Katella Avenue 200
`Los Alamitos, CA 90720
`Email: law@clementcheng.com
`
`
`
`
`
`
`
` Inv. No. 337-TA-1353
`
`
`
`☐ Via Hand Delivery
`☐ Via Express Delivery
`☐ Via First Class Mail
`☒ Other: Email Notification
`of Availability for Download
`
`
`
`☐ Via Hand Delivery
`☐ Via Express Delivery
`☐ Via First Class Mail
`☒ Other: Email Notification
`of Availability for Download
`
`
`
`☐ Via Hand Delivery
`☐ Via Express Delivery
`☐ Via First Class Mail
`☒ Other: Email Notification
`of Availability for Download
`
`
`
`☐ Via Hand Delivery
`☐ Via Express Delivery
`☐ Via First Class Mail
`☒ Other: Email Notification
`of Availability for Download
`
`
`
`
`
`
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`CERTAIN PICK-UP TRUCK FOLDING BED
`COVER SYSTEMS AND COMPONENTS
`THEREOF (III)
`
`Certificate of Service – Page 3
`On Behalf of Respondents 4 Wheel Parts, Smittybilt, Inc., and
`TAP Worldwide, LLC d/b/a 4 Wheel Parts:
`
`Adam R. Hess, Esq.
`SQUIRE PATTON BOGGS
`2550 M. Street, NW, Suite 300
`Washington, DC 20037
`Email: adam.hess@squirepb.com
`
`On Behalf of Respondents American Trucks, American
`Trucks Inc., and Turn 5 d/b/a American Trucks:
`
`William Belanger, Esq.
`TROUTMAN, PEPPER, HAMILTON, SANDERS LLP
`125 High Street 19th Floor High Street Tower
`Boston, MA 02110
`Email: William.Belanger@Trouman.com
`
`Respondents:
`
`RDJ Trucks, LLC
`2005 Mountain Creek Church Road
`Talmo, CA 30575
`
`
`
`
`Fanciest Pickup Accessories
`1660 Iowa Avenue
`Unit 200
`Riverside, CA 92507
`
`
`Pickup Zone
`a/k/a Dai Qun Feng
`1660 Iowa Ave
`Unit 200
`Riverside, CA 92507
`
`Trek Power, Inc.
`1683 Sierra Madre Circle
`Placentia, CA 92870
`
`
`
` Inv. No. 337-TA-1353
`
`
`
`☐ Via Hand Delivery
`☐ Via Express Delivery
`☐ Via First Class Mail
`☒ Other: Email Notification
`of Availability for Download
`
`
`
`☐ Via Hand Delivery
`☐ Via Express Delivery
`☐ Via First Class Mail
`☒ Other: Email Notification
`of Availability for Download
`
`☐ Via Hand Delivery
`☒ Via Express Delivery
`☐ Via First Class Mail
`☐ Other: Service to Be
`Completed by Complainants
`
`☐ Via Hand Delivery
`☒ Via Express Delivery
`☐ Via First Class Mail
`☐ Other: Service to Be
`Completed by Complainants
`
`☐ Via Hand Delivery
`☒ Via Express Delivery
`☐ Via First Class Mail
`☐ Other: Service to Be
`Completed by Complainants
`
`☐ Via Hand Delivery
`☒ Via Express Delivery
`
`
`
` Inv. No. 337-TA-1353
`
`☐ Via First Class Mail
`☐ Other: Service to Be
`Completed by Complainants
`
`CERTAIN PICK-UP TRUCK FOLDING BED
`COVER SYSTEMS AND COMPONENTS
`THEREOF (III)
`
`Certificate of Service – Page 4
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`
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