On July 11, 2012, Chief ALJ Charles E. Bullock issued Order No. 33 denying Respondent Alberee Products, Inc. d/b/a Saver Automotive Products, Inc., and API Korea Co., Ltd’s (collectively, “Saver/API”) motion for sanctions against Complainant Robert Bosch LLC (“Bosch”) in Certain Wiper Blades (Inv. No. 337-TA-816). Specifically, Saver/API requested that Bosch be sanctioned by “ terminating [the] investigation with prejudice with respect to Saver/API; and  awarding Saver/API its costs and legal fees accrued in [the] investigation” resulting from alleged abuse of process by Bosch under Commission Rule 210.4.
In support of its motion, Saver/API asserted that “Bosch violated Rule 210.4’s proscription against making allegations that have no factual basis [b]y submitting a Complaint to the Commission alleging that Saver/API Korea imported the accused beam-type wipers into the United States” when Bosch possessed “unambiguous importation records stating that Saver/API Korea only import parts of beam-type wiper blades and not the accused product.” Bosch opposed the motion, arguing that Saver/API failed to comply with the safe harbor provision of Rule 210.4(d)(1)(i), which provides that a motion for sanctions cannot be filed with the Commission or presiding ALJ if, within seven days after receiving a draft motion, the non-movant withdrawals or appropriately corrects the challenged paper. According to the order, Bosch moved to withdrawal the portions of the Complaint related to Saver/API three days before the safe harbor period expired.
The Commission Investigative Staff also opposed Saver/API’s motion, reiterating Bosch’s safe harbor arguments, and further noting that termination with prejudice, as requested by Saver/API, is not within the scope of allowable remedies under the Commission’s rules.
Having considered the arguments, ALJ Bullock determined to deny Saver/API’s motion as improperly filed and deficient under the safe harbor provision of Commission Rule 210.4(d)(1)(i).