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The following federal issues affect the industry and the interests of ABPA members. See below for more details about our position and actions taken.
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- REPAIR Act
- SMART Act
- International Trade Commission (ITC)
- Federal Trade Commission (FTC) Engagement
- Federal Maritime Commission (FMC)
- LKQ Corp vs. GM
- Ocean Shipping Reform Act of 2021
- Section 232 Tariffs
REPAIR Act
In February 2023, U.S. Reps. Neal Dunn (R-FL), Brendan Boyle (D-PA-02), Warren Davidson (R-OH-08), and Marie Gluesenkamp Perez (D-WA-03) reintroduced the “Right to Equitable and Professional Auto Industry Repair (REPAIR) Act” (H.R. 906). The legislation will ensure the preservation of consumer choice, a competitive marketplace, and the continued safe operation of the nation’s 292 million registered passenger and commercial motor vehicles, 70% of which are maintained by independent repair facilities. As vehicle technology becomes even more complex, the car companies create new barriers that limit consumer choice which increase the cost to repair and maintain vehicles. The REPAIR Act will reduce these barriers, putting consumers’ interests first.
Related Links:
- Legislative Alert: Take Action Now! Ask Your U.S. Representative to Support the REPAIR Act (February 2023)
- Automotive Body Parts Association (ABPA) Applauds the Introduction of the REPAIR Act (February 2023)
SMART Act
On March 23, 2023, the “Save Money on Auto Repair Transportation” (SMART) Act joined the “Right to Equitable and Professional Auto Industry Repair” (REPAIR) Act as the first pair of right-to-repair bills introduced in the 118th Congress.
A bipartisan group of federal legislators — including Reps. Darrell Issa (R-CA-48), Zoe Lofgren (D-CA-18), Dave Joyce (R-OH-14), Sheila Jackson Lee (D-TX-18), Laurel Lee (R-FL-15), and Marie Gluesenkamp Perez (D-WA-3) — reintroduced the SMART Act (H.R. 1707). The SMART Act will limit automakers’ design patent abuse by reducing the time that they can enforce design patents against alternative parts manufacturers on collision repair parts — including common parts like side mirrors, quarter panels, and bumpers — from 15 years to 2.5 years.
As the first pair of federal right to repair bills introduced in 2023, the SMART Act and the REPAIR Act, which safeguards vehicle data access, are important steps forward to ensure all Americans are free to choose how and where to fix the things they own.
Related Links:
- “Make Car Repair Your Choice”, a project of the CAR Coalition – SMART Act Updates
- ABPA Attends Right to Repair & SMART Act Hearing in Washington, DC (Jul 2023)
- ABPA Encourages Membership to Contact Their Members of Congress in Support of the SMART Act and REPAIR Act (Mar 2023)
- Reps. Issa, Lofgren Lead Bipartisan Group in Reintroducing SMART Act (Mar 2023)
International Trade Commission (ITC)
In February 2023, the ABPA submitted two submissions (case numbers Inv. No. 337-TA-1292 and No. 337-TA-1291) in regards to the limited exclusion orders against ABPA members TYC Genera, LKQ Corporation and Keystone Automotive Industries as assigned on January 24, 2023.
- ABPA ITC Submission – Investigation No. 337-TA-1291 (Feb 2023)
- ABPA ITC Submission – Investigation No. 337-TA-1292 (Feb 2023)
In May 2023, the ITC requested a second wave of submissions, which the ABPA provided.
- ABPA ITC Submission – Investigation No. 337-TA-1291 (May 2023)
- ABPA ITC Submission – Investigation No. 337-TA-1292 (May 2023)
Federal Trade Commission (FTC) Engagement
On July 16, 2019, the FTC hosted a workshop titled “Nixing the Fix” to examine ways in which manufacturers may limit third-party repairs. The ABPA submitted data to the FTC in response to their request for research focused on such limitations. Although we were not selected as panelists in the workshop, we did attend in person in Washington, DC. Further, we were able to secure a personal meeting with the FTC later in the summer where we submitted more data.
In May 2021, the FTC released a report titled “Nixing the Fix: An FTC Report to Congress on Repair Restrictions” which urges expanded consumer access to auto repair options. The report is a summary of findings from the 2019 “Nixing the Fix” project. The ABPA is mentioned on pages 22 and 40 of the report.
Related Links:
- Nixing the Fix: An FTC Report to Congress on Repair Restrictions (May 2021)
- ABPA Applauds FTC Report on Consumer Issues Within the Auto Repair Market (May 2021)
- ABPA Submits Data for Consideration in the FTC “Nixing the Fix” Workshop (Jul 2019)
- ABPA Follow-up to FTC “Nixing the Fix” Workshop (Aug 2019)
Federal Maritime Commission (FMC)
The ABPA has received concerns from members regarding the significant increase in freight rates for importing containers from overseas. To address this matter, we have written to the Chairman of the Federal Maritime Commission (FMC), Daniel Maffei, clearly addressing our concerns and how it is affecting both ABPA members and consumers. We have also been communicating with other Associations who have members that have been affected with the intention of having a unified voice in working with the FMC. I encourage any ABPA member to reach out to us directly should they have any concerns on this matter.
Related Links:
- ABPA Signs Letter to FMC Expressing Concerns of Excess Dwell Fees Being Passed off to Importers & Consumers (November 2021)
- ABPA Applauds Federal Maritime Commission’s (FMC) Assessment of Carrier Rates (July 2021)
LKQ Corp & Keystone Automotive Industries vs. GM Global Technology Operations
In April 2023, the ABPA submitted an amicus brief in support of a petition for rehearing en banc, which was granted by the Federal Circuit. The ABPA’s position is that the test for design patent obviousness should be changed to eliminate the strict “primary reference” requirement in appropriate circumstances, which should make it easier to block certain designs from receiving a design patent or to invalidate a design patent when the prior art supports it. The Federal Circuit has requested additional briefing to address various issues.
The amicus brief and petition for rehearing documents are available via the links below. The briefs submitted by the parties and the other amici are available at the Federal Circuit website.
- LKQ vs GM – ABPA Amicus Brief 2021-2348 (Aug 2023)
- LKQ vs GM – ABPA Amicus Brief 2022-1253 (Apr 2023)
- LKQ vs GM – Petition for Rehearing En Banc
Ocean Shipping Reform Act of 2021
The ABPA and a coalition of more than 152 other companies and trade associations representing U.S. importers, exporters, transportation providers and other supply chain stakeholders submitted a letter of support to Congress endorsing the Ocean Shipping Reform Act of 2021.
Related Links:
- ABPA Signs Coalition Support Letter Endorsing Ocean Shipping Reform Act
- Letter of Support to Congress Endorsing the Ocean Shipping Reform Act of 2021
Section 232 Tariffs
The ABPA is closely monitoring the effects of the 232 Tariffs on our members and speaking up against these tariffs whenever possible. This includes the July 2018 hearing in Washington, DC. Please contact the ABPA for additional information, including how to apply for exceptions.
Related Links:
