Refined Brown Aluminum Oxide From China, 10723 [2020-03755]
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Federal Register / Vol. 85, No. 37 / Tuesday, February 25, 2020 / Notices
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Authority: 5 U.S.C. Appendix 2.
Alma Ripps,
Chief, Office of Policy.
[FR Doc. 2020–03658 Filed 2–24–20; 8:45 am]
BILLING CODE 4312–52–P
Issued: February 20, 2020.
Lisa Barton,
Secretary to the Commission.
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–1118]
Certain Movable Barrier Operator
Systems and Components Thereof;
Commission Determination To Review
a Final Initial Determination in Part
Finding No Violation of Section 337
and Order No. 38 Granting Summary
Determination That the Economic
Prong Has Been Satisfied; Request for
Written Submissions on the Issues
Under Review and on Remedy, Public
Interest, and Bonding
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
INTERNATIONAL TRADE
COMMISSION
Refined Brown Aluminum Oxide From
China
Determination
On the basis of the record 1 developed
in the subject five-year review, the
United States International Trade
Commission (‘‘Commission’’)
determines, pursuant to the Tariff Act of
1930 (‘‘the Act’’), that revocation of the
antidumping duty order on refined
brown aluminum oxide from China
would be likely to lead to continuation
or recurrence of material injury to an
industry in the United States within a
reasonably foreseeable time.
jbell on DSKJLSW7X2PROD with NOTICES
Background
The Commission instituted this
review on September 3, 2019 (84 FR
46047) and determined on December 9,
2019 that it would conduct an expedited
review (85 FR 3416, January 21, 2020).
The Commission made this
determination pursuant to section
751(c) of the Act (19 U.S.C. 1675(c)). It
completed and filed its determination in
this review on February 20, 2020. The
views of the Commission are contained
in USITC Publication 5020 (February
2020), entitled Refined Brown
Aluminum Oxide from China:
Investigation No. 731–TA–1022 (Third
Review).
By order of the Commission.
1 The record is defined in sec. 207.2(f) of the
Commission’s Rules of Practice and Procedure (19
CFR 207.2(f)).
VerDate Sep<11>2014
20:34 Feb 24, 2020
Jkt 250001
Notice is hereby given that
the U.S. International Trade
Commission (the ‘‘Commission’’) has
determined to review in part the final
Initial Determination (‘‘ID’’) issued in
this case as well as Order No. 38
granting summary determination that
the economic prong of the domestic
industry requirement has been satisfied.
The Commission requests briefing from
the parties on the issues under review.
The Commission also requests written
submissions from the parties, interested
government agencies, and interested
persons on the issues of remedy, the
public interest, and bonding.
FOR FURTHER INFORMATION CONTACT: Carl
P. 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.
SUMMARY:
[Investigation No. 731–TA–1022 (Third
Review)]
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On June
11, 2018, the Commission instituted the
present investigation based on a
complaint and supplement thereto filed
by The Chamberlain Group, Inc.
(‘‘Chamberlain’’) of Oak Brook, Illinois.
83 FR 27020–21 (June 11, 2018). The
complaint, as supplemented, alleges a
violation of 19 U.S.C. 1337, as amended
(‘‘Section 337’’), in the importation, sale
for importation, or sale in the United
States after importation of certain
movable barrier operator systems that
purportedly infringe one or more of the
asserted claims of Chamberlain’s U.S.
Patent Nos. 8,587,404 (‘‘the ’404
patent’’); 7,755,223 (‘‘the ’223 patent’’);
and 6,741,052 (‘‘the ’052 patent’’). Id.
The Commission has partially
terminated the investigation with
respect to certain patent claims
withdrawn by Chamberlain. See Order
No. 16 (Feb. 5, 2019), not rev’d, Comm’n
Notice (March 6, 2019); Order No. 27
(June 7, 2019), not rev’d, Comm’n Notice
(June 27, 2019); Order No. 31 (July 30,
2019), not rev’d, Comm’n Notice (Aug.
19, 2019); Order No. 32 (Sept. 27, 2019),
not rev’d, Comm’n Notice (Oct. 17,
2019). The only asserted claims still at
issue are claim 11 of the ’404 patent,
claims 1 and 21 of the ’223 patent, and
claim 1 of the ’052 patent.
The Commission’s notice of
investigation named Nortek Security &
Control, LLC of Carlsbad, CA; Nortek,
Inc. of Providence, RI; and GTO Access
Systems, LLC of Tallahassee, FL
(collectively, ‘‘Nortek’’) as respondents.
83 FR at 270721. The Office of Unfair
Import Investigations was not named as
a party to this investigation. See id.
The parties filed their Markman briefs
on November 13, 2018, and a revised
claim construction chart on February 8,
2019. On June 5, 2019, the presiding
administrative law judge (‘‘ALJ’’) issued
a Markman order (Order No. 25)
construing the claim terms in dispute.
On December 12, 2018, Chamberlain
filed a motion for summary
determination, pursuant to 19 CFR
210.18(a), that it has satisfied the
economic prong of the domestic
industry requirement. Nortek filed a
response opposing the motion on
February 11, 2019. The ALJ held a
teleconference with the parties on May
31, 2019. On June 6, 2019, the ALJ
issued a notice advising the parties that
the motion would be granted and a
formal written order would be issued
later. Order No. 26 (June 6, 2019).
The ALJ held a prehearing conference
and evidentiary hearing on the issues in
dispute on June 10–14, 2019. The
parties filed their initial post-hearing
briefs on July 11, 2019, and their reply
briefs on August 16, 2019. On October
SUPPLEMENTARY INFORMATION:
[FR Doc. 2020–03755 Filed 2–24–20; 8:45 am]
10723
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Agencies
[Federal Register Volume 85, Number 37 (Tuesday, February 25, 2020)]
[Notices]
[Page 10723]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-03755]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 731-TA-1022 (Third Review)]
Refined Brown Aluminum Oxide From China
Determination
On the basis of the record \1\ developed in the subject five-year
review, the United States International Trade Commission
(``Commission'') determines, pursuant to the Tariff Act of 1930 (``the
Act''), that revocation of the antidumping duty order on refined brown
aluminum oxide from China would be likely to lead to continuation or
recurrence of material injury to an industry in the United States
within a reasonably foreseeable time.
---------------------------------------------------------------------------
\1\ The record is defined in sec. 207.2(f) of the Commission's
Rules of Practice and Procedure (19 CFR 207.2(f)).
---------------------------------------------------------------------------
Background
The Commission instituted this review on September 3, 2019 (84 FR
46047) and determined on December 9, 2019 that it would conduct an
expedited review (85 FR 3416, January 21, 2020).
The Commission made this determination pursuant to section 751(c)
of the Act (19 U.S.C. 1675(c)). It completed and filed its
determination in this review on February 20, 2020. The views of the
Commission are contained in USITC Publication 5020 (February 2020),
entitled Refined Brown Aluminum Oxide from China: Investigation No.
731-TA-1022 (Third Review).
By order of the Commission.
Issued: February 20, 2020.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2020-03755 Filed 2-24-20; 8:45 am]
BILLING CODE 7020-02-P