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News Release 16-068
Inv. No(s). 337-TA-1006
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain passenger vehicle automotive wheels. The products at issue in the investigation are automotive wheels with certain designs and/or trademarks that are used with Mercedes-Benz automobiles.
The investigation is based on a complaint filed by Daimler AG of Stuttgart, Germany, on April 11, 2016. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain passenger vehicle automotive wheels that infringe patents and trademarks asserted by the complainant. The complainant requests that the USITC issue a general exclusion order, or in the alternative, a limited exclusion order, and cease and desist orders.
The USITC has identified the following as respondents in this investigation:
A-Z Wheels LLC d/b/a UsaRim/UsaRim.com/Eurotech Wheels of San Diego, CA;
Galaxy Wheels & Tires, LLC, of San Diego, CA;
Infobahn International, Inc., d/b/a Infobahn/Eurotech/Eurotech Luxury Wheels/Eurotech Wheels/UsaRim of San Diego, CA;
Amazon.com, Inc., of Seattle, WA;
A Spec Wheels & Tires LLC d/b/a A SPEC Wheels & Tires of Hayward, CA;
American Tire Distributors Holdings, Inc., of Huntersville, NC;
American Tire Distributors, Inc., of Huntersville, NC;
Onyx Enterprises Int’l, Corp. d/b/a CARiD.COM of Cranbury, NJ;
O.E. Wheel Distributors, LLC, of Sarasota, FL;
Powerwheels Pro, LLC, of Waterford, MI; and
Trade Union International, Inc. d/b/a Topline of Montclair, CA.
By instituting this investigation (337-TA-1006), the USITC has not yet made any decision on the merits of the case. The USITC’s Chief Administrative Law Judge will assign the case to one of the USITC’s administrative law judges (ALJ), who will schedule and hold an evidentiary hearing. The ALJ will make an initial determination as to whether there is a violation of section 337; that initial determination is subject to review by the Commission.
The USITC will make a final determination in the investigation at the earliest practicable time. Within 45 days after institution of the investigation, the USITC will set a target date for completing the investigation. USITC remedial orders in section 337 cases are effective when issued and become final 60 days after issuance unless disapproved for policy reasons by the U.S. Trade Representative within that 60-day period.