On December 18, 2013, Chief ALJ Charles E. Bullock issued Order No. 22 in Certain Windshield Wipers and Components Thereof (Inv. No. 337-TA-881).
According to the Order, Complainants Federal-Mogul Corporation and Federal-Mogul SA (collectively, “Federal-Mogul”) moved for summary determination that they satisfy both the economic and technical prongs of the domestic industry requirement. Respondents Trico Products Corporation and Trico Componentes SA de CV (collectively, “Trico”) along with the Commission Investigative Staff (“OUII”) filed responses to the motion and did not dispute that Federal-Mogul has satisfied the existence of the economic prong of the domestic industry requirement. Both Trico and OUII, however, opposed the motion as to the technical prong.
In the Order, ALJ Bullock first noted that a separate order will issue as to whether Federal-Mogul satisfies the economic prong of the domestic industry requirement. Regarding the technical prong, ALJ determined that genuine issues of material fact remain and thus good cause does not exist to grant the motion in lieu of a trial of all issues on the merits.