Certain Movable Barrier Operator Systems and Component Thereof; Notice of Request for Statements on the Public Interest, 70998-70999 [2019-27712]

Download as PDF 70998 Federal Register / Vol. 84, No. 247 / Thursday, December 26, 2019 / Notices Building, 500 E Street SW, Washington, DC. Requests to appear at the conference should be emailed to preliminaryconferences@usitc.gov (DO NOT FILE ON EDIS) on or before Monday, January 6, 2020. Parties in support of the imposition of antidumping duties in this investigation and parties in opposition to the imposition of such duties will each be collectively allocated one hour within which to make an oral presentation at the conference. A nonparty who has testimony that may aid the Commission’s deliberations may request permission to present a short statement at the conference. Written submissions.—As provided in sections 201.8 and 207.15 of the Commission’s rules, any person may submit to the Commission on or before January 13, 2020, a written brief containing information and arguments pertinent to the subject matter of the investigation. Parties may file written testimony in connection with their presentation at the conference. All written submissions must conform with the provisions of section 201.8 of the Commission’s rules; any submissions that contain BPI must also conform with the requirements of sections 201.6, 207.3, and 207.7 of the Commission’s rules. The Commission’s Handbook on Filing Procedures, available on the Commission’s website at https:// www.usitc.gov/documents/handbook_ on_filing_procedures.pdf, elaborates upon the Commission’s procedures with respect to filings. In accordance with sections 201.16(c) and 207.3 of the rules, each document filed by a party to the investigation must be served on all other parties to the investigation (as identified by either the public or BPI service list), and a certificate of service must be timely filed. The Secretary will not accept a document for filing without a certificate of service. khammond on DSKJM1Z7X2PROD with NOTICES Authority: This investigation is being conducted under authority of title VII of the Tariff Act of 1930; this notice is published pursuant to section 207.12 of the Commission’s rules. By order of the Commission. Issued: December 18, 2019. Lisa Barton, Secretary to the Commission. [FR Doc. 2019–27722 Filed 12–23–19; 8:45 am] BILLING CODE 7020–02–P VerDate Sep<11>2014 16:53 Dec 23, 2019 Jkt 250001 INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–1118] Certain Movable Barrier Operator Systems and Component Thereof; Notice of Request for Statements on the Public Interest U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that the presiding administrative law judge (‘‘ALJ’’) has issued an Initial Determination on Violation of Section 337 and Recommended Determination on Remedy and Bond in the abovecaptioned investigation. The Commission is soliciting comments on public interest issues raised by the recommended relief, should the Commission find a violation. This notice is soliciting public interest comments from the public only. Parties are to file public interest submissions pursuant to Commission rules. FOR FURTHER INFORMATION CONTACT: Carl Bretscher, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone (202) 205–2382. Copies of non-confidential documents filed in connection with this investigation are or will be available for inspection during official business hours (8:45 a.m. to 5:15 p.m.) in the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone (202) 205–2000. General information concerning the Commission may also be obtained by accessing its internet server (https://www.usitc.gov). The public record for this investigation may be viewed on the Commission’s Electronic Docket Information System (‘‘EDIS’’) (https://edis.usitc.gov). Hearing-impaired persons are advised that information on this matter can be obtained by contacting the Commission’s TDD terminal, telephone (202) 205–1810. SUPPLEMENTARY INFORMATION: Section 337 of the Tariff Act of 1930, as amended (‘‘Section 337’’), provides that if the Commission finds a violation, it shall direct that the concerned articles be excluded from entry into the United States, unless, after considering the effect of such exclusion upon the public health and welfare, competitive conditions in the United States economy, the production of like or directly competitive articles in the United States, and United States consumers, it finds such articles should SUMMARY: PO 00000 Frm 00071 Fmt 4703 Sfmt 4703 not be excluded from entry. 19 U.S.C. 1337(d)(1). A similar provision applies to cease and desist orders. 19 U.S.C. 1337(f)(1). The Commission is soliciting comments on public interest issues raised by the recommended relief should the Commission find a violation, specifically, whether the Commission should issue: (1) A limited exclusion order (‘‘LEO’’) against infringing movable barrier operator systems and components thereof that are combined into infringing products after importation that are imported into the United States, sold for importation, or sold in the United States after importation by respondents Nortek, Inc. of Providence, Rhode Island; Nortek Security & Control, LLC of Carlsbad, California; and GTO Access Systems of Tallahassee, Florida (collectively, ‘‘Nortek’’); and (2) cease and desist orders (‘‘CDO’’) against the Nortek respondents. The Commission is interested in developing the record on the public interest in this investigation. The parties are to file their public interest submissions pursuant to 19 CFR 210.50(a)(4). Members of the public are hereby invited to file submissions of no more than five (5) pages, inclusive of attachments, concerning the public interest in light of the ALJ’s Recommended Determination on Remedy and Bond that issued in this investigation on November 25, 2019. Comments should address whether issuance of an LEO or CDO in this investigation, if a violation is found, would affect the public health and welfare in the United States, competitive conditions in the United States economy, the production of like or directly competitive articles in the United States, or United States consumers. In particular, the Commission is interested in comments that: (i) Explain how the articles potentially subject to the recommended orders are used in the United States; (ii) Identify any public health, safety, or welfare concerns in the United States relating to the recommended orders; (iii) Identify like or directly competitive articles that complainants, their licensees, or third parties make in the United States which could replace the subject articles if they were to be excluded; (iv) Indicate whether complainants, complainants’ licensees, and/or third party suppliers have the capacity to replace the volume of articles potentially subject to the recommended exclusion order and/or a cease and E:\FR\FM\26DEN1.SGM 26DEN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 84, No. 247 / Thursday, December 26, 2019 / Notices desist order within a commercially reasonable time; and (v) Explain how the LEO and CDO would impact consumers in the United States. Written submissions from the public must be filed no later than the close of business on Friday, January 17, 2020. Persons filing written submissions must file the original document electronically on or before the deadline stated above and submit eight (8) true paper copies to the Office of the Secretary by noon the next day pursuant to section 210.4(f) of the Commission’s Rules of Practice and Procedure (19 CFR 210.4(f)). Submissions should refer to the investigation number (‘‘Inv. No. 337–TA–1118’’) in a prominent place on the cover page and/or first page. (See Handbook for Electronic Filing Procedures, https://www.usitc.gov/ documents/handbook_on_filing_ procedures.pdf.). Persons with questions regarding filing should contact the Secretary (202–205–2000). Any person desiring to submit a document to the Commission in confidence must request confidential treatment. All such requests should be directed to the Secretary to the Commission and must include a full statement of the reasons why the Commission should grant such treatment. See 19 CFR 201.6. Documents for which confidential treatment by the Commission is properly sought will be treated accordingly. All information, including confidential business information and documents for which confidential treatment is properly sought, submitted to the Commission for purposes of this Investigation may be disclosed to and used: (i) By the Commission, its employees and Offices, and contract personnel (a) for developing or maintaining the records of this or a related proceeding, or (b) in internal investigations, audits, reviews, and evaluations relating to the programs, personnel, and operations of the Commission including under 5 U.S.C. Appendix 3; or (ii) by U.S. government employees and contract personnel, solely for cybersecurity purposes. All contract personnel will sign appropriate nondisclosure agreements. All non-confidential written submissions will be available for public inspection at the Office of the Secretary and on EDIS. The authority for the Commission’s determination is contained in Section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and in part 210 of the Commission’s Rules of Practice and Procedure (19 CFR part 210). VerDate Sep<11>2014 16:53 Dec 23, 2019 Jkt 250001 By order of the Commission. Issued: December 18, 2019. Lisa Barton, Secretary to the Commission. [FR Doc. 2019–27712 Filed 12–23–19; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–1068] Certain Microfluidic Devices; Notice of the Commission’s Final Determination Finding a Violation of Section 337; Issuance of a Limited Exclusion Order and Cease and Desist Order; Termination of the Investigation U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that the U.S. International Trade Commission (‘‘Commission’’) has found a violation of section 337 in the abovecaptioned investigation. The Commission has determined to issue tailored remedial orders that permit researchers to continue their work in ongoing research projects using the infringing microfluidic devices as explained in the accompanying opinion. These remedial orders include: (1) A limited exclusion order (‘‘LEO’’) prohibiting the unlicensed entry of infringing microfluidic devices covered by certain claims of U.S. Patent Nos. 9,500,664 (‘‘the ’664 patent’’); 9,636,682 (‘‘the ’682 patent’’); and 9,649,635 (‘‘the ’635 patent’’) that are manufactured abroad for or on behalf of, or imported by or on behalf of 10X Genomics, Inc. of Pleasanton, California (‘‘10X’’) or any of its affiliated companies, parents, subsidiaries, or other related business entities, or its successors or assigns; and (2) a cease and desist order (‘‘CDO’’) directed against 10X and its affiliated companies, parents, subsidiaries, or other related business entities, or its successors or assigns. This investigation is terminated. FOR FURTHER INFORMATION CONTACT: Ron Traud, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone 202–205–3427. Copies of non-confidential documents filed in connection with this investigation are or will be available for inspection during official business hours (8:45 a.m. to 5:15 p.m.) in the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone 202–205–2000. General information concerning the Commission SUMMARY: PO 00000 Frm 00072 Fmt 4703 Sfmt 4703 70999 may also be obtained by accessing its internet server at https://www.usitc.gov. The public record for this investigation may be viewed on the Commission’s electronic docket (‘‘EDIS’’) at https:// edis.usitc.gov. Hearing-impaired persons are advised that information on this matter can be obtained by contacting the Commission’s TDD terminal, telephone 202–205–1810. SUPPLEMENTARY INFORMATION: On September 6, 2017, the Commission instituted this investigation based on a complaint filed by Bio-Rad Laboratories, Inc. of Hercules, California; and Lawrence Livermore National Security, LLC of Livermore, California. 82 FR 42115 (Sept. 6, 2017). The complaint (and supplement thereto) alleges violations of section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337 (‘‘section 337’’) based upon the importation into the United States, the sale for importation, or the sale within the United States after importation of certain microfluidic devices by reason of infringement of one or more claims of the ’664 patent, the ’682 patent, the ’635 patent, and U.S. Patent Nos. 9,089,844 (‘‘the ’844 patent’’) and 9,126,160 (‘‘the ’160 patent). Id. The Commission’s notice of investigation named as the sole respondent 10X. Id. The Office of Unfair Import Investigations was also named as a party to this investigation. Id. Prior to the issuance of the final initial determination (‘‘ID’’) by the presiding administrative law judge (the ‘‘ALJ’’), the investigation was terminated as to the ’844 patent in its entirety and as to certain claims of the ’160, ’664, ’682, and ’635 patents. See Order No. 12, unreviewed, Notice (Mar. 6, 2018); Order No. 16, unreviewed, Notice (Mar. 26, 2018); Order No. 19, unreviewed, Notice (Apr. 16, 2018); Order No. 29, unreviewed, Notice (June 1, 2018). The ALJ’s final ID addressed the following claims: (i) Claim 20 of the ’160 patent; (ii) claims 1, 2, 14, and 15 of the ’664 patent; (iii) claims 14, 16, and 17 of the ’682 patent; and (iv) claims 1, 13, 14, 16, and 21 of the ’635 patent. On September 20, 2018, the ALJ issued the final ID, which finds 10X in violation of section 337 as to the remaining asserted claims of the ’664, ’682 patent, and ’635 patents. On September 28, 2018, the ALJ issued her recommendations on remedy, bond, and the public interest. The ALJ recommended that the Commission issue a limited exclusion order directed to 10X’s infringing products and a cease and desist order directed to 10X. The ALJ also recommended a bond of 100 percent of entered value during the E:\FR\FM\26DEN1.SGM 26DEN1

Agencies

[Federal Register Volume 84, Number 247 (Thursday, December 26, 2019)]
[Notices]
[Pages 70998-70999]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-27712]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1118]


Certain Movable Barrier Operator Systems and Component Thereof; 
Notice of Request for Statements on the Public Interest

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: Notice is hereby given that the presiding administrative law 
judge (``ALJ'') has issued an Initial Determination on Violation of 
Section 337 and Recommended Determination on Remedy and Bond in the 
above-captioned investigation. The Commission is soliciting comments on 
public interest issues raised by the recommended relief, should the 
Commission find a violation. This notice is soliciting public interest 
comments from the public only. Parties are to file public interest 
submissions pursuant to Commission rules.

FOR FURTHER INFORMATION CONTACT: Carl Bretscher, Office of the General 
Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone (202) 205-2382. Copies of non-
confidential documents filed in connection with this investigation are 
or will be available for inspection during official business hours 
(8:45 a.m. to 5:15 p.m.) in the Office of the Secretary, U.S. 
International Trade Commission, 500 E Street SW, Washington, DC 20436, 
telephone (202) 205-2000. General information concerning the Commission 
may also be obtained by accessing its internet server (https://www.usitc.gov). The public record for this investigation may be viewed 
on the Commission's Electronic Docket Information System (``EDIS'') 
(https://edis.usitc.gov). Hearing-impaired persons are advised that 
information on this matter can be obtained by contacting the 
Commission's TDD terminal, telephone (202) 205-1810.

SUPPLEMENTARY INFORMATION: Section 337 of the Tariff Act of 1930, as 
amended (``Section 337''), provides that if the Commission finds a 
violation, it shall direct that the concerned articles be excluded from 
entry into the United States, unless, after considering the effect of 
such exclusion upon the public health and welfare, competitive 
conditions in the United States economy, the production of like or 
directly competitive articles in the United States, and United States 
consumers, it finds such articles should not be excluded from entry. 19 
U.S.C. 1337(d)(1). A similar provision applies to cease and desist 
orders. 19 U.S.C. 1337(f)(1).
    The Commission is soliciting comments on public interest issues 
raised by the recommended relief should the Commission find a 
violation, specifically, whether the Commission should issue: (1) A 
limited exclusion order (``LEO'') against infringing movable barrier 
operator systems and components thereof that are combined into 
infringing products after importation that are imported into the United 
States, sold for importation, or sold in the United States after 
importation by respondents Nortek, Inc. of Providence, Rhode Island; 
Nortek Security & Control, LLC of Carlsbad, California; and GTO Access 
Systems of Tallahassee, Florida (collectively, ``Nortek''); and (2) 
cease and desist orders (``CDO'') against the Nortek respondents.
    The Commission is interested in developing the record on the public 
interest in this investigation. The parties are to file their public 
interest submissions pursuant to 19 CFR 210.50(a)(4). Members of the 
public are hereby invited to file submissions of no more than five (5) 
pages, inclusive of attachments, concerning the public interest in 
light of the ALJ's Recommended Determination on Remedy and Bond that 
issued in this investigation on November 25, 2019. Comments should 
address whether issuance of an LEO or CDO in this investigation, if a 
violation is found, would affect the public health and welfare in the 
United States, competitive conditions in the United States economy, the 
production of like or directly competitive articles in the United 
States, or United States consumers.
    In particular, the Commission is interested in comments that:
    (i) Explain how the articles potentially subject to the recommended 
orders are used in the United States;
    (ii) Identify any public health, safety, or welfare concerns in the 
United States relating to the recommended orders;
    (iii) Identify like or directly competitive articles that 
complainants, their licensees, or third parties make in the United 
States which could replace the subject articles if they were to be 
excluded;
    (iv) Indicate whether complainants, complainants' licensees, and/or 
third party suppliers have the capacity to replace the volume of 
articles potentially subject to the recommended exclusion order and/or 
a cease and

[[Page 70999]]

desist order within a commercially reasonable time; and
    (v) Explain how the LEO and CDO would impact consumers in the 
United States.
    Written submissions from the public must be filed no later than the 
close of business on Friday, January 17, 2020.
    Persons filing written submissions must file the original document 
electronically on or before the deadline stated above and submit eight 
(8) true paper copies to the Office of the Secretary by noon the next 
day pursuant to section 210.4(f) of the Commission's Rules of Practice 
and Procedure (19 CFR 210.4(f)). Submissions should refer to the 
investigation number (``Inv. No. 337-TA-1118'') in a prominent place on 
the cover page and/or first page. (See Handbook for Electronic Filing 
Procedures, https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf.). Persons with questions regarding 
filing should contact the Secretary (202-205-2000). Any person desiring 
to submit a document to the Commission in confidence must request 
confidential treatment. All such requests should be directed to the 
Secretary to the Commission and must include a full statement of the 
reasons why the Commission should grant such treatment. See 19 CFR 
201.6. Documents for which confidential treatment by the Commission is 
properly sought will be treated accordingly. All information, including 
confidential business information and documents for which confidential 
treatment is properly sought, submitted to the Commission for purposes 
of this Investigation may be disclosed to and used: (i) By the 
Commission, its employees and Offices, and contract personnel (a) for 
developing or maintaining the records of this or a related proceeding, 
or (b) in internal investigations, audits, reviews, and evaluations 
relating to the programs, personnel, and operations of the Commission 
including under 5 U.S.C. Appendix 3; or (ii) by U.S. government 
employees and contract personnel, solely for cybersecurity purposes. 
All contract personnel will sign appropriate nondisclosure agreements. 
All non-confidential written submissions will be available for public 
inspection at the Office of the Secretary and on EDIS.
    The authority for the Commission's determination is contained in 
Section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and 
in part 210 of the Commission's Rules of Practice and Procedure (19 CFR 
part 210).

    By order of the Commission.

    Issued: December 18, 2019.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2019-27712 Filed 12-23-19; 8:45 am]
 BILLING CODE 7020-02-P