UNITED STATES INTERNATIONAL TRADE COMMISSION
`UNITED STATES INTERNATIONAL TRADE COMMISSION
`WASHINGTON, DC
`WASHINGTON, DC
`
`Before The Honorable Theodore R. Essex
`Before The Honorable Theodore R. Essex
`
`IN THE MATTER OF
`IN THE MATTER OF
`CERTAIN AUTOMOTIVE PARTS
`CERTAIN AUTOMOTIVE PARTS
`
`Investigation No. 337-TA-651
`Investigation No. 337-TA-651
`
`UNOPPOSED REQUEST AND STATEMENT OF COMPLAINANT
`UNOPPOSED REQUEST AND STATEMENT OF COMPLAINANT
`FOR RECEIPT OF EVIDENCE WITHOUT A SPONSORING WITNESS
`FOR RECEIPT OF EVIDENCE WITHOUT A SPONSORING WITNESS
`
`I.
`I.
`
`INTRODUCTION
`INTRODUCTION
`
`Complainant Ford Global Technologies, LLC ("Ford"), by cOU)1sel and pursuant to
`Complainant Ford Global Technologies, LLC ("Ford"), by cOU)1sel and pursuant to
`
`Ground Rule 9.8.12, hereby respectfully submit their request for receipt of evidence without a
`Ground Rule 9.8.12, hereby respectfully submit their request for receipt of evidence without a
`
`sponsoring witness.
`sponsoring witness.
`
`In particular, Ford requests that the Administrativ¢ Law Judge ("ALJ")
`In particular, Ford requests that the Administrativ¢ Law Judge ("ALJ")
`
`receive into evidence the proposed exhibits: JX-I - JX-16, JPXI - JPX-22,1 CX-82 C, CX-84C-
`receive into evidence the proposed exhibits: JX-I - JX-16, JPXI - JPX-22,1 CX-82 C, CX-84C-
`
`CX86C, CX-89C - CX-126C. Good cause exists to admit these exhibits into evidence, as they
`CX86C, CX-89C - CX-126C. Good cause exists to admit these exhibits into evidence, as they
`
`are relevant, material, reliable and non-controversial. Moreover, receivip.g these exhibits into
`are relevant, material, reliable and non-controversial. Moreover, receivip.g these exhibits into
`
`evidence without a sponsoring witness will streamline the evidentiary hearing and create a more
`evidence without a sponsoring witness will streamline the evidentiary hearing and create a more
`
`complete record without prejudicing any party to this Investigation. Respondents and the Staff
`complete record without prejudicing any party to this Investigation. Respondents and the Staff
`
`Attorney have indicated that they will not oppose this request.
`Attorney have indicated that they will not oppose this request.
`
`For the reasons stated below and in the accompanying Declaration of Amy C. Leshan,
`For the reasons stated below and in the accompanying Declaration of Amy C. Leshan,
`
`Ford requests that the ALI receive proposed exhibit numbers JX-I - JX-16, JPXI - JPX-22, CX-
`Ford requests that the ALI receive proposed exhibit numbers JX-I - JX-16, JPXI - JPX-22, CX-
`
`82 C, CX-84 C - CX86 C, CX-89 C CX-126 C into evidence without a sponsoring witness.
`82 C, CX-84 C - CX86 C, CX-89 C CX-126 C into evidence without a sponsoring witness.
`
`) Complainant and Respondents agree to the joint exhibits, but are uncertain whether a
`) Complainant and Respondents agree to the joint exhibits, but are uncertain whether a
`request for receipt of evidence without a witness is required for the admission of joint exhibits.
`request for receipt of evidence without a witness is required for the admission of joint exhibits.
`In an abundance of caution, the joint exhibits are included with this request,
`In an abundance of caution, the joint exhibits are included with this request,
`
`

`
`II.
`II.
`
`APPLICABLE STANDARDS
`APPLICABLE STANDARDS
`
`Commission Rule 210.37 provides that "[r]eJevant, material, and reliable evidence shall
`Commission Rule 210.37 provides that "[r]eJevant, material, and reliable evidence shall
`
`be admitted" into the record. 19 C.F.R. § 210.37. Pursuant to Order No.2, Ground Rule 9.8.12,
`be admitted" into the record. 19 C.F.R. § 210.37. Pursuant to Order No.2, Ground Rule 9.8.12,
`
`"if a party believes evidence to be non-controversial and to be appropriate for receipt in evidence
`"if a party believes evidence to be non-controversial and to be appropriate for receipt in evidence
`
`without a sponsoring witness, that party may present with each such exluoit on Of before the due
`without a sponsoring witness, that party may present with each such exluoit on Of before the due
`
`date set forth in the procedural schedule:
`date set forth in the procedural schedule:
`
`(1) an affidavit or declaration that the declarant
`(1) an affidavit or declaration that the declarant
`
`prepared or someone under the declarant's direction prepared the exhibit; (2) a request that the
`prepared or someone under the declarant's direction prepared the exhibit; (2) a request that the
`
`exhibit be received in evidence without a witness at the hearing; and (3) a statement of grounds
`exhibit be received in evidence without a witness at the hearing; and (3) a statement of grounds
`
`for receiving the exhibit in evidence without a witness at the hearing." Order No.2, Ground
`for receiving the exhibit in evidence without a witness at the hearing." Order No.2, Ground
`
`Rule 9.8.12. Thus, provided that the procedures stated in Ground Rule 9.8.12 are followed and
`Rule 9.8.12. Thus, provided that the procedures stated in Ground Rule 9.8.12 are followed and
`
`the proposed evidence is relevant, material, reliable and non-controver$ial, it is appropriate to
`the proposed evidence is relevant, material, reliable and non-controver$ial, it is appropriate to
`
`receive such exhibits into evidence without a sponsoring witness.
`receive such exhibits into evidence without a sponsoring witness.
`
`III. ARGUMENT AND AUTHORITIES
`III. ARGUMENT AND AUTHORITIES
`
`A.
`A.
`
`Receiving Exhibits Agreed to be Joint Exhibits
`Receiving Exhibits Agreed to be Joint Exhibits
`Without a Sponsoring Witness Is Appropriate
`Without a Sponsoring Witness Is Appropriate
`
`1.
`1.
`
`Patents and Corresponding File Histories
`Patents and Corresponding File Histories
`
`The patents at issue in this Investigation are U.S. Patent Nos. 0498,444, 0501,162,
`The patents at issue in this Investigation are U.S. Patent Nos. 0498,444, 0501,162,
`
`0510,551, 0508,223, 0500,717, 0539,448, 0500,969 and 0500,9701 ("patents in suit").
`0510,551, 0508,223, 0500,717, 0539,448, 0500,969 and 0500,9701 ("patents in suit").
`
`True and correct copies of the prosecution histories,2 were submitted to the ALJ as Ford's
`True and correct copies of the prosecution histories,2 were submitted to the ALJ as Ford's
`
`proposed exhibit numbers IX-I - IX-8. See Oeclaration of Amy C Leshan. Pursuant to the
`proposed exhibit numbers IX-I - IX-8. See Oeclaration of Amy C Leshan. Pursuant to the
`
`Stipulation, Ford and the Respondents agreed that the following exhibits are true and accurate
`Stipulation, Ford and the Respondents agreed that the following exhibits are true and accurate
`
`copies of the patents in suit and their corresponding file histories:
`copies of the patents in suit and their corresponding file histories:
`
`2 The parties have each submitted separate color copies of color photographs submitted
`2 The parties have each submitted separate color copies of color photographs submitted
`to the Patent Office that do not appear in the joint exhibits.
`to the Patent Office that do not appear in the joint exhibits.
`
`2
`2
`
`

`
`Proposed
`Proposed
`Fxhihit
`Fxhihit
`
`JX·l
`JX·l
`
`JX·2
`JX·2
`
`JX·3
`JX·3
`
`JX-4
`JX-4
`
`JX·5
`JX·5
`
`JX·6
`JX·6
`
`JX-7
`JX-7
`
`JX·8
`JX·8
`
`JX-9
`JX-9
`
`JX-IO
`JX-IO
`
`JX-ll
`JX-ll
`
`JX-12
`JX-12
`
`JX·13
`JX·13
`
`JX-14
`JX-14
`
`JX-15
`JX-15
`
`JX-16
`JX-16
`
`/)cscl'iptioll 1'1 HIe
`/)cscl'iptioll 1'1 HIe
`United States Design Patent: D498,444 - Front Bumper Fascia (V6)
`United States Design Patent: D498,444 - Front Bumper Fascia (V6)
`Dated: 11/16/04
`Dated: 11/16/04
`United States Design Patent: D501,162· Front Bumper Fascia (GT)
`United States Design Patent: D501,162· Front Bumper Fascia (GT)
`Dated: 1125/05
`Dated: 1125/05
`United States Design Patent: 0510,551 - Hood
`United States Design Patent: 0510,551 - Hood
`Dated: 10/1/05
`Dated: 10/1/05
`United States Design Patent: 0508,223 - Fender
`United States Design Patent: 0508,223 - Fender
`Dated: 8/9/05
`Dated: 8/9/05
`United States Design Patent: 0500,717 - Side View Mirror
`United States Design Patent: 0500,717 - Side View Mirror
`Dated: 1/11/05
`Dated: 1/11/05
`United States Design Patent: 0539,448 - Vehicle Taillamp
`United States Design Patent: 0539,448 - Vehicle Taillamp
`Dated: 3/27/07
`Dated: 3/27/07
`United States Design Patent: 0500,969 - Rear Bumper Fascia (V6)
`United States Design Patent: 0500,969 - Rear Bumper Fascia (V6)
`Dated: 1118/05
`Dated: 1118/05
`United States Design Patent: D500,970 • Rear Bumper Fascia (GT)
`United States Design Patent: D500,970 • Rear Bumper Fascia (GT)
`Oated: 1/18/05
`Oated: 1/18/05
`File History for United States Design Patent: 0498,444 -
`File History for United States Design Patent: 0498,444 -
`Front Bumper Fascia (V6), Filed: 11126/03
`Front Bumper Fascia (V6), Filed: 11126/03
`File History for United States Design Patent: 0501,162-
`File History for United States Design Patent: 0501,162-
`Front Bumper Fascia (GT), Filed: 11126/03
`Front Bumper Fascia (GT), Filed: 11126/03
`File History for United States Design Patent: 0510,551 -
`File History for United States Design Patent: 0510,551 -
`Hood, Filed: 11126/03
`Hood, Filed: 11126/03
`File History for United States Design Patent: D508,223 -
`File History for United States Design Patent: D508,223 -
`Fender, Filed: 11126/03
`Fender, Filed: 11126/03
`File History for United States Oesign Patent: 0500,717 -
`File History for United States Oesign Patent: 0500,717 -
`Side View Mirror, Filed: 11/26/03
`Side View Mirror, Filed: 11/26/03
`File History for United States Oesign Patent: 0539,448 -
`File History for United States Oesign Patent: 0539,448 -
`Tail Lamp, Filed: 11126/03
`Tail Lamp, Filed: 11126/03
`File History for United States Design Patent: 0500,969 -
`File History for United States Design Patent: 0500,969 -
`Rear Bumper Fascia (V6), Filed: 11126/03
`Rear Bumper Fascia (V6), Filed: 11126/03
`File History for United States Design Patent: 0500,970 -
`File History for United States Design Patent: 0500,970 -
`Rear Bumper Fascia (GT), Filed: 11126/03
`Rear Bumper Fascia (GT), Filed: 11126/03
`
`Receiving the prosecution histories for the patents in suit into evidence without a
`Receiving the prosecution histories for the patents in suit into evidence without a
`
`sponsoring witness is consistent with Ground Rule 9.8.12 and Commission Rule 210.37, as the
`sponsoring witness is consistent with Ground Rule 9.8.12 and Commission Rule 210.37, as the
`
`documents are relevant, material, reliable and non-controversial. The prosecution histories of the
`documents are relevant, material, reliable and non-controversial. The prosecution histories of the
`
`3
`3
`
`

`
`patents in suit are relevant to many issues, including claim construction. Additionally, as the
`patents in suit are relevant to many issues, including claim construction. Additionally, as the
`
`parties have agreed to submit the patents in suit and corresponding file histories as Joint Exhibits,
`parties have agreed to submit the patents in suit and corresponding file histories as Joint Exhibits,
`
`with proposed exhibit numbers JX-I - JX-16, the documents are not controversial. Finally,
`with proposed exhibit numbers JX-I - JX-16, the documents are not controversial. Finally,
`
`admitting the prosecution histories leading to the patents-in-suit would strealnline the evidentiary
`admitting the prosecution histories leading to the patents-in-suit would strealnline the evidentiary
`
`hearing because it would obviate the need to lay the foundation for authenticating these
`hearing because it would obviate the need to lay the foundation for authenticating these
`
`documents.
`documents.
`
`2.
`2.
`
`Physical Parts Ford parts and Accused Parts
`Physical Parts - Ford parts and Accused Parts
`
`Ford and Respondents agreed to present the Ford parts and the accused parts to the ALJ
`Ford and Respondents agreed to present the Ford parts and the accused parts to the ALJ
`
`as joint exhibits. The following physical parts are submitted as proposed joint exhibits:
`as joint exhibits. The following physical parts are submitted as proposed joint exhibits:
`
`Propo,cd
`Propo,cd
`Exhibit Description
`Exhibit Description
`Front Bumper Fascia (V6) - 2005 Mustang
`Front Bumper Fascia (V6) - 2005 Mustang
`JPX-l
`JPX-l
`Front Bumper Fascia (GT) - 2005 Mustang
`JPX-2
`Front Bumper Fascia (GT) - 2005 Mustang
`JPX-2
`JPX-3 Hood - 2005 Mustang
`JPX-3 Hood - 2005 Mustang
`Fender - 2005 Mustang (Right / Passenger)
`Fender - 2005 Mustang (Right / Passenger)
`JPX-4
`JPX-4
`Fender - 2005 Mustang (Left / Driver)
`Fender - 2005 Mustang (Left / Driver)
`JPX-5
`JPX-5
`Side View Mirror - 2005 Mustang (Right / Passenger)
`Side View Mirror - 2005 Mustang (Right / Passenger)
`JPX-6
`JPX-6
`Side View Mirror - 2005 Mustang (Left / Driver)
`Side View Mirror - 2005 Mustang (Left / Driver)
`JPX-7
`JPX-7
`Tail Lamp - 2005 Mustang (Right / Passenger)
`Tail Lamp - 2005 Mustang (Right / Passenger)
`JPX-8
`JPX-8
`Tail Lamp - 2005 Mustang (Left I Driver)
`Tail Lamp - 2005 Mustang (Left I Driver)
`JPX-9
`JPX-9
`JPX·I0 Rear Bumper Fascia (V6) - 2005 Mustang
`JPX·I0 Rear Bumper Fascia (V6) - 2005 Mustang
`JPX-U Rear Bumper Fascia (GT) - 2005 Mustang
`JPX-U Rear Bumper Fascia (GT) - 2005 Mustang
`JPX-12 Front Bumper Fascia (V6) - Accused
`JPX-12 Front Bumper Fascia (V6) - Accused
`JPX-13 Front Bumper Fascia (GT) - Accused
`JPX-13 Front Bumper Fascia (GT) - Accused
`JPX-14 Hood - Accused
`JPX-14 Hood - Accused
`JPX·15 Fender - Accused (Right / Passenger)
`JPX·15 Fender - Accused (Right / Passenger)
`JPX·16 Fender - Accused (Left i Driver)
`JPX·16 Fender - Accused (Left i Driver)
`JPX-17 Side View Mirror - Accused (Right / Passenger)
`JPX-17 Side View Mirror - Accused (Right / Passenger)
`JPX-18 Side View Mirror - Accused (Left / Driver)
`JPX-18 Side View Mirror - Accused (Left / Driver)
`JPX-19 Tail Lamp - Accused (Right / Passenger)
`JPX-19 Tail Lamp - Accused (Right / Passenger)
`JPX·20 Tail Lamp - Accused (Left I Driver)
`JPX·20 Tail Lamp - Accused (Left I Driver)
`JPX-21 Rear Bumper Fascia (V6)· Accused
`JPX-21 Rear Bumper Fascia (V6)· Accused
`JPX-22 Rear Bumper Fascia (GT) - Accused
`JPX-22 Rear Bumper Fascia (GT) - Accused
`
`4
`4
`
`

`
`The proposed joint physical exhibits are reliable in that they originate from the
`The proposed joint physical exhibits are reliable in that they originate from the
`
`Complainant and Respondents. See Declaration of Amy C. Leshan. The parts are relevant to
`Complainant and Respondents. See Declaration of Amy C. Leshan. The parts are relevant to
`
`such issues as claim construction, infringement, invalidity and domestic industry. Additionally,
`such issues as claim construction, infringement, invalidity and domestic industry. Additionally,
`
`as the parties have agreed to submit Ford's parts and the Accused Parts as joint exhibits with
`as the parties have agreed to submit Ford's parts and the Accused Parts as joint exhibits with
`
`proposed exhibit numbers JPX-I
`proposed exhibit numbers JPX-I
`
`JPX-22. The documents are not controversial. Finally,
`JPX-22. The documents are not controversial. Finally,
`
`admitting the physical parts without a sponsoring witness would streamline the evidentiary
`admitting the physical parts without a sponsoring witness would streamline the evidentiary
`
`hearing because it would obviate the need to lay the foundation for authenticating these
`hearing because it would obviate the need to lay the foundation for authenticating these
`
`documents.
`documents.
`
`B.
`B.
`
`Receiving of the Pleadings into Evidence
`Receiving of the Pleadings into Evidence
`Withont a Sponsoring Witness Is Appropriate
`Withont a Sponsoring Witness Is Appropriate
`
`Pursuant to Commission Rules 210.10, 210.11 and 210.12, Ford initiated this
`Pursuant to Commission Rules 210.10, 210.11 and 210.12, Ford initiated this
`
`Investigation by filing its Complaint. Thereafter, Respondents, with the exception ofD.S. Auto
`Investigation by filing its Complaint. Thereafter, Respondents, with the exception ofD.S. Auto
`
`Parts Network, provided a Response to Ford's Complaint.
`Parts Network, provided a Response to Ford's Complaint.
`
`In accordance with Order No. 14, (Setting Revised Procedural Schedule), Ford submitted
`In accordance with Order No. 14, (Setting Revised Procedural Schedule), Ford submitted
`
`to the ALJ proposed exhibit numbers CX-82 C, CX-89 C and CX-96 C, as shown in the table
`to the ALJ proposed exhibit numbers CX-82 C, CX-89 C and CX-96 C, as shown in the table
`
`below:
`below:
`
`Proposed
`Proposed
`Exhihit
`Exhihit
`
`Ikscriptinn I rille
`Ikscriptinn I rille
`
`CX-89-C
`CX-89-C
`
`Complaint ofFord Global Technologies, LLC Under Section 337 of the Tariff Act
`Complaint ofFord Global Technologies, LLC Under Section 337 of the Tariff Act
`of 1930, as. Amended with Attached Confidential Exhibits 1-28, dated: 5/1/08
`of 1930, as. Amended with Attached Confidential Exhibits 1-28, dated: 5/1/08
`
`CX-90-C
`CX-90-C
`
`Respondent Keystone Automotive Indus., Inc.'s Response to the Complaint of
`Respondent Keystone Automotive Indus., Inc.'s Response to the Complaint of
`FGTL and Confidential Exhibit I, dated: 6/23/08
`FGTL and Confidential Exhibit I, dated: 6/23/08
`
`Respondent LKQ Corporation's Response to the Complaint ofFGTL and
`Respondent LKQ Corporation's Response to the Complaint ofFGTL and
`CX-91-C Confidential Exhibit 1, dated: 6/23/08
`CX-91-C Confidential Exhibit 1, dated: 6/23/08
`
`Respondent TYC Brother Indusrial Co., Ltd.'s Response to the Complaint of
`Respondent TYC Brother Indusrial Co., Ltd.'s Response to the Complaint of
`CX-92-C FGTL and Confidential Exhibits 1-3, dated: 6/23/08
`CX-92-C FGTL and Confidential Exhibits 1-3, dated: 6/23/08
`
`5
`5
`
`

`
`Proposcd
`Proposcd
`E\hihit
`E\hihit
`
`Description I I iHc
`Description I I iHc
`
`Respondent TYG Products L.P.'s Response to the Complaint ofFGTL and
`Respondent TYG Products L.P.'s Response to the Complaint ofFGTL and
`CX-93-C Confidential Exhibit 1. dated: 6/23/08
`CX-93-C Confidential Exhibit 1, dated: 6/23/08
`
`CX-94-C
`CX-94-C
`
`Respondent Taiwan Kai Yih Industrial Co., Ltd.'s Response to the Complaint of
`Respondent Taiwan Kai Yih Industrial Co., Ltd.'s Response to the Complaint of
`FGTL and Confidential Exhibit 1, dated: 6/23/08
`FGTL and Confidential Exhibit 1, dated: 6/23/08
`
`Respondent Jui Li Enterprise Co.'s Response to the Complaint ofFGTL and
`Respondent Jui Li Enterprise Co.'s Response to the Complaint ofFGTL and
`CX-95-C Confidential Exhibits 1-3, dated: 6/23/08
`CX-95-C Confidential Exhibits 1-3, dated: 6/23/08
`
`CX-96-C
`CX-96-C
`
`Respondent Y.C.C. Parts Manuf. Co., Ltd.'s Response to the Complaint ofFGTL
`Respondent Y.C.C. Parts Manuf. Co., Ltd.'s Response to the Complaint ofFGTL
`and Confidential Exhibits 1-3, dated: 6/23/08
`and Confidential Exhibits 1-3, dated: 6/23/08
`
`Each of the above- referenced proposed exhibits are true and correct copies of the Ford's
`Each of the above- referenced proposed exhibits are true and correct copies of the Ford's
`
`Complaint in this Investigation and Respondents' Respondents' Responses to the Complaint. See
`Complaint in this Investigation and Respondents' Respondents' Responses to the Complaint. See
`
`Declaration of Amy C. Leshan. Receiving the these exhibits into evide~e without a sponsoring
`Declaration of Amy C. Leshan. Receiving the these exhibits into evide~e without a sponsoring
`
`witness is consistent with the Commission Rules, non-prejudicial to any party and necessary to
`witness is consistent with the Commission Rules, non-prejudicial to any party and necessary to
`
`create a more complete record in this Investigation. In accordance with Ground Rule 9.8.12, if
`create a more complete record in this Investigation. In accordance with Ground Rule 9.8.12, if
`
`Ford can show, as they will below, that Respondents' Responses to the ,Complaint are relevant,
`Ford can show, as they will below, that Respondents' Responses to the ,Complaint are relevant,
`
`material, reliable and non-controversial, then it would be proper to receive the proposed exhibits
`material, reliable and non-controversial, then it would be proper to receive the proposed exhibits
`
`into evidence without a sponsoring witness.
`into evidence without a sponsoring witness.
`
`Ford's Complaint and the corresponding Responses from the Respondents are reliable and
`Ford's Complaint and the corresponding Responses from the Respondents are reliable and
`
`admissible. Pursuant to Commission Rule 21D.l2(a)(I) and 210.13(b), the Complaint and
`admissible. Pursuant to Commission Rule 21D.l2(a)(I) and 210.13(b), the Complaint and
`
`Response must both be "under oath and signed by the [complainant/respondent] or his duly
`Response must both be "under oath and signed by the [complainant/respondent] or his duly
`
`authorized officer, attorney, or agent." 19 C.F.R. 210.12 (a)(l), 2l0.l3(b). Accordingly,
`authorized officer, attorney, or agent." 19 C.F.R. 210.12 (a)(l), 2l0.l3(b). Accordingly,
`
`inasmuch as the pleadings are signed either by the party or the attorney - or both - it is presumed
`inasmuch as the pleadings are signed either by the party or the attorney - or both - it is presumed
`
`that the content is correct and reliable.
`that the content is correct and reliable.
`
`The pleadings in this Investigation are relevant and material to the critical issues in this
`The pleadings in this Investigation are relevant and material to the critical issues in this
`
`Investigation. Ford's Complaint lays out each allegation and the Respondents' Responses state
`Investigation. Ford's Complaint lays out each allegation and the Respondents' Responses state
`
`6
`6
`
`

`
`their position as to Ford's allegations and provide their affinnative defenses. Thus, the pleadings
`their position as to Ford's allegations and provide their affinnative defenses. Thus, the pleadings
`
`are relevant and material to the issues in this Investigation and should be admitted.
`are relevant and material to the issues in this Investigation and should be admitted.
`
`The pleadings are not controversial and receiving them into evidence without a witness
`The pleadings are not controversial and receiving them into evidence without a witness
`
`will not prejudice Respondents because Ford and the Respondents chose the content for their
`will not prejudice Respondents because Ford and the Respondents chose the content for their
`
`filings. Accordingly, the pleadings are not controversial and receiving them into evidence
`filings. Accordingly, the pleadings are not controversial and receiving them into evidence
`
`without a sponsoring witness would not prejudice any party to this Investigation.
`without a sponsoring witness would not prejudice any party to this Investigation.
`
`By receiving the pleadings into evidence, the ALJ will create a more complete record and
`By receiving the pleadings into evidence, the ALJ will create a more complete record and
`
`streamline the evidentiary hearing. Should the ALJ receive the proposed exhibits into evidence
`streamline the evidentiary hearing. Should the ALJ receive the proposed exhibits into evidence
`
`without a sponsoring witness, Ford will not have to take up the ALJ's time and resources by
`without a sponsoring witness, Ford will not have to take up the ALJ's time and resources by
`
`calling corporate representatives for Ford and the Respondent to introduce the pleadings into
`calling corporate representatives for Ford and the Respondent to introduce the pleadings into
`
`evidence and authenticate each answer. Moreover, there is no guarantee that a corporate
`evidence and authenticate each answer. Moreover, there is no guarantee that a corporate
`
`representative capable of authenticating the Respondents' anSwers will be present at the
`representative capable of authenticating the Respondents' anSwers will be present at the
`
`evidentiary hearing. Thus, Ford would be forced to either use their own or Respondents' expert
`evidentiary hearing. Thus, Ford would be forced to either use their own or Respondents' expert
`
`and individual fact witnesses to authenticate the proposed exhibits, whi¢h will take up valuable
`and individual fact witnesses to authenticate the proposed exhibits, whi¢h will take up valuable
`
`time.
`time.
`
`Accordingly, inasmuch as Respondents' discovery responses are relevant, reliable,
`Accordingly, inasmuch as Respondents' discovery responses are relevant, reliable,
`
`material and non-controversial, receiving Ford's proposed exhibit numbers CX-89 C - CX-96 C
`material and non-controversial, receiving Ford's proposed exhibit numbers CX-89 C - CX-96 C
`
`into evidence without a sponsoring witness is appropriate, will create a more complete record
`into evidence without a sponsoring witness is appropriate, will create a more complete record
`
`and will help streamline the evidentiary hearing.
`and will help streamline the evidentiary hearing.
`
`C.
`C.
`
`Receiving Stipulations
`Receiving Stipulations
`Without a Sponsoring Witness Is Appropriate
`Without a Sponsoring Witness Is Appropriate
`
`Throughout the course of discovery, Ford and the Respondents have stipulated to certain
`Throughout the course of discovery, Ford and the Respondents have stipulated to certain
`
`facts contained in three separately filed stipulations. These stipulations appear as proposed
`facts contained in three separately filed stipulations. These stipulations appear as proposed
`
`exhibits as follows:
`exhibits as follows:
`
`7
`7
`
`

`
`
`
`CX-85 C CX-85 C
`
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`CX-86-C CX-86-C
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`The Complainants and Respondents agreed to fue facts contained in fuese stipulations as The Complainants and Respondents agreed to fue facts contained in fuese stipulations as
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`fuey were filed with fue ALl They are relevant, material and reliable. Each stipulation is signed fuey were filed with fue ALl They are relevant, material and reliable. Each stipulation is signed
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`by representatives of bofu fue Complainant and Respondents. The stipulations are directly by representatives of bofu fue Complainant and Respondents. The stipulations are directly
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`related to the issues in this Investigation, specifically the importation and sale of the accused related to the issues in this Investigation, specifically the importation and sale of the accused
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`parts, and to the relief fuat may be granted if Complainant is successful in this action, including a parts, and to the relief fuat may be granted if Complainant is successful in this action, including a
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`cease and desist order and a general exclusion order. They are not controversial because Ford cease and desist order and a general exclusion order. They are not controversial because Ford
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`and the Respondents have agreed to fue content of these stipulations. Further, the admission of and the Respondents have agreed to fue content of these stipulations. Further, the admission of
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`fuese stipulations will streamline adjudication of the issues. fuese stipulations will streamline adjudication of the issues.
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`If theseelChibits are admitted into If theseelChibits are admitted into
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`evidence, the parties will not need to use precious time at fue hea$g to call witnesses to evidence, the parties will not need to use precious time at fue hea$g to call witnesses to
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`authenticate materials that were already agreed to by Ford and the Respondents. Thus, fuese authenticate materials that were already agreed to by Ford and the Respondents. Thus, fuese
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`stipulations should be received into evidence without a sponsoring witness. stipulations should be received into evidence without a sponsoring witness.
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`D. D.
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`Receiving Respondents' Discovery Responses into Receiving Respondents' Discovery Responses into
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`Evidence Without a Sponsoring Witness Is Appropriate Evidence Without a Sponsoring Witness Is Appropriate
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`During the course of this Investigation, and pursuant to Commission Rules 210.27, During the course of this Investigation, and pursuant to Commission Rules 210.27,
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`210.29 and 210.31, Ford propounded discovery requests to each of the Respondents in this 210.29 and 210.31, Ford propounded discovery requests to each of the Respondents in this
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`Investigation. Thereafter and throughout the course of discovery, Respondents provided Investigation. Thereafter and throughout the course of discovery, Respondents provided
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`answers, supplemental answers and declarations in support of answer to Ford's discovery answers, supplemental answers and declarations in support of answer to Ford's discovery
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`requests. requests.
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`In accordance with Order No. 14, (Setting Revised Procedural Schedule), Ford submitted
`In accordance with Order No. 14, (Setting Revised Procedural Schedule), Ford submitted
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`to the AU proposed exhibit numbers CX-82 C and CX-97 C - CX-126 C. Each of the above(cid:173)
`to the AU proposed exhibit numbers CX-82 C and CX-97 C - CX-126 C. Each of the above(cid:173)
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`referenced proposed exhibits are true and correct copies of the Respondents' answers to Ford's
`referenced proposed exhibits are true and correct copies of the Respondents' answers to Ford's
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`discovery requests or a declaration in support of an answer (collectively, "Respondents'
`discovery requests or a declaration in support of an answer (collectively, "Respondents'
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`Discovery Answers"). See Declaration of Amy C. Leshan. Receiving the Respondents'
`Discovery Answers"). See Declaration of Amy C. Leshan. Receiving the Respondents'
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`Discovery Answers into evidence without a sponsoring witness is consistent with the
`Discovery Answers into evidence without a sponsoring witness is consistent with the
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`Commission Rules, non-prejudicial to any party and necessary to create II more complete record
`Commission Rules, non-prejudicial to any party and necessary to create II more complete record
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`in this Investigation.
`in this Investigation.
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`Pursuant to Commission Rule 210.37, "[r]elevant, material, and reliable evidence shall be
`Pursuant to Commission Rule 210.37, "[r]elevant, material, and reliable evidence shall be
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`admitted" into the record. 19 C.F.R. § 210.37. The Commission Rules further states that
`admitted" into the record. 19 C.F.R. § 210.37. The Commission Rules further states that
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`answers to interrogatories "may be used [in evidence] to the extent permitted by the rules of
`answers to interrogatories "may be used [in evidence] to the extent permitted by the rules of
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`evidence." 19 C.F.R. § 210.29(a). Likewise, with respect to requests for admission, "[a]ny
`evidence." 19 C.F.R. § 210.29(a). Likewise, with respect to requests for admission, "[a]ny
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`matter admitted under [19 C.F.R. § 210.31] may be conclusively established unless the
`matter admitted under [19 C.F.R. § 210.31] may be conclusively established unless the
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`administrative law judge on motion permits withdrawal or amendment to the admission." 19
`administrative law judge on motion permits withdrawal or amendment to the admission." 19
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`C.F.R. § 21O.31(d). Thus, in accordance with Ground Rule 9.8.12, if Ford can show, as they will
`C.F.R. § 21O.31(d). Thus, in accordance with Ground Rule 9.8.12, if Ford can show, as they will
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`below, that Respondents' discovery answers are relevant, material, reliable and non-controversial,
`below, that Respondents' discovery answers are relevant, material, reliable and non-controversial,
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`then it would be proper to receive the proposed exhibits into evidence without a sponsoring
`then it would be proper to receive the proposed exhibits into evidence without a sponsoring
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`witness.
`witness.
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`Respondents' answers to Ford's discovery requests are reliable and admissible. Pursuant
`Respondents' answers to Ford's discovery requests are reliable and admissible. Pursuant
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`to Commission Rule 21O.27(d)(2), "[tlhe signature of the attorney or party [providing responses
`to Commission Rule 21O.27(d)(2), "[tlhe signature of the attorney or party [providing responses
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`to a discovery request] constitutes a certification that to the best of the signer's knowledge,
`to a discovery request] constitutes a certification that to the best of the signer's knowledge,
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`information and belief formed after a reasonable inquiry" the answer is correct. 19 C.F.R.
`information and belief formed after a reasonable inquiry" the answer is correct. 19 C.F.R.
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`§ 210.27(d)(2)(emphasis added). Accordingly, inasmuch as Respondents' discovery answers are
`§ 210.27(d)(2)(emphasis added). Accordingly, inasmuch as Respondents' discovery answers are
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`signed either by the party or the attorney - or both - it is presumed that the content is correct and signed either by the party or the attorney - or both - it is presumed that t