Certain Movable Barrier Operator Systems and Components Thereof; Final Determination Finding a Violation of Section 337; Issuance of a Limited Exclusion Order and Cease and Desist Orders; Termination of the Investigation, 79217-79218 [2020-27010]
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Federal Register / Vol. 85, No. 237 / Wednesday, December 9, 2020 / Notices
Dated: December 2, 2020.
Sherry A. Frear,
Chief, National Register of Historic Places/
National Historic Landmarks Program.
antidumping and countervailing duty
investigations. The Secretary will
prepare a public service list containing
the names and addresses of all persons,
or their representatives, who are parties
to the investigations.
[FR Doc. 2020–27040 Filed 12–8–20; 8:45 am]
BILLING CODE 4312–52–P
Background
INTERNATIONAL TRADE
COMMISSION
[Investigation Nos. 701–TA–660–661 and
731–TA–1543–1545 (Preliminary)]
Utility Scale Wind Towers From India,
Malaysia, and Spain
jbell on DSKJLSW7X2PROD with NOTICES
Determinations
On the basis of the record 1 developed
in the subject investigations, the United
States International Trade Commission
(‘‘Commission’’) determines, pursuant
to the Tariff Act of 1930 (‘‘the Act’’),
that there is a reasonable indication that
an industry in the United States is
materially injured by reason of imports
of utility scale wind towers from India,
Malaysia, and Spain, provided for in
subheadings 7308.20.00 and 8502.31.00
of the Harmonized Tariff Schedule of
the United States, that are alleged to be
sold in the United States at less than fair
value (‘‘LTFV’’) and to be subsidized by
the governments of India and Malaysia.2
Commencement of Final Phase
Investigations
Pursuant to § 207.18 of the
Commission’s rules, the Commission
also gives notice of the commencement
of the final phase of its investigations.
The Commission will issue a final phase
notice of scheduling, which will be
published in the Federal Register as
provided in § 207.21 of the
Commission’s rules, upon notice from
the U.S. Department of Commerce
(‘‘Commerce’’) of affirmative
preliminary determinations in the
investigations under §§ 703(b) or 733(b)
of the Act, or, if the preliminary
determinations are negative, upon
notice of affirmative final
determinations in those investigations
under §§ 705(a) or 735(a) of the Act.
Parties that filed entries of appearance
in the preliminary phase of the
investigations need not enter a separate
appearance for the final phase of the
investigations. Industrial users, and, if
the merchandise under investigation is
sold at the retail level, representative
consumer organizations have the right
to appear as parties in Commission
1 The record is defined in § 207.2(f) of the
Commission’s Rules of Practice and Procedure (19
CFR 207.2(f)).
2 85 FR 73019 (November 16, 2020) and 85 FR
73023 (November 16, 2020).
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On September 30, 2020, the Wind
Tower Trade Coalition (Arcosa Wind
Towers Inc. (Dallas, Texas) and
Broadwind Towers, Inc. (Manitowoc,
Wisconsin)) filed petitions with the
Commission and Commerce, alleging
that an industry in the United States is
materially injured or threatened with
material injury by reason of subsidized
imports of utility scale wind towers
from India and Malaysia and LTFV
imports of utility scale wind towers
from India, Malaysia, and Spain.
Accordingly, effective September 30,
2020, the Commission instituted
countervailing duty investigation Nos.
701–TA–660–661 and antidumping
duty investigation Nos. 731–TA–1543–
1545 (Preliminary).
Notice of the institution of the
Commission’s investigations and of a
public conference through video
conferencing to be held in connection
therewith was given by posting copies
of the notice in the Office of the
Secretary, U.S. International Trade
Commission, Washington, DC, and by
publishing the notice in the Federal
Register of October 6, 2020 (85 FR
63137). In light of the restrictions on
access to the Commission building due
to the COVID–19 pandemic, the
Commission conducted its conference
through written testimony and video
conference on October 21, 2020. All
persons who requested the opportunity
were permitted to participate.
The Commission made these
determinations pursuant to §§ 703(a)
and 733(a) of the Act (19 U.S.C.
1671b(a) and 1673b(a)). It completed
and filed its determinations in these
investigations on December 4, 2020. The
views of the Commission are contained
in USITC Publication 5146 (December
2020), entitled Utility Scale Wind
Towers from India, Malaysia, and
Spain: Investigation Nos. 701–TA–660–
661 and 731–TA–1543–1545
(Preliminary).
By order of the Commission.
Issued: December 4, 2020.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2020–27043 Filed 12–8–20; 8:45 am]
BILLING CODE 7020–02–P
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79217
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–1118]
Certain Movable Barrier Operator
Systems and Components Thereof;
Final Determination Finding a Violation
of Section 337; Issuance of a Limited
Exclusion Order and Cease and Desist
Orders; Termination of the
Investigation
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
Notice is hereby given that
the U.S. International Trade
Commission (the ‘‘Commission’’) has
determined to: (1) Find that respondents
Nortek Security & Control, LLC of
Carlsbad, California; Nortek, Inc. of
Providence, Rhode Island; and GTO
Access Systems, LLC of Tallahassee,
Florida (collectively, ‘‘Nortek’’) have
violated Section 337 by way of
infringing claims 1 and 21 of U.S. Patent
No. 7,755,223 (‘‘the ’223 patent’’); and
(2) issue a limited exclusion order and
cease and desist orders against each
Nortek respondent, and set a bond in
the amount of 100 percent of the entered
value of the covered products during the
period of Presidential review. The
investigation is hereby terminated.
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 may be viewed on the
Commission’s electronic docket system
(‘‘EDIS’’) at https://edis.usitc.gov. For
help accessing EDIS, please email
EDIS3Help@usitc.gov. General
information concerning the Commission
may also be obtained by accessing its
internet server at https://www.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: The
Commission instituted this investigation
on June 11, 2018, based on a complaint,
as supplemented, filed by The
Chamberlain Group, Inc. (‘‘CGI’’) of Oak
Brook, Illinois. 83 FR 27020–21 (June
11, 2018). The complaint alleges a
violation of section 337 the Tariff Act,
as amended, 19 U.S.C. 1337 (‘‘Section
337’’) in the importation, sale for
importation, or sale in the United States
after importation of certain movable
barrier operator (‘‘MBO’’) systems that
SUMMARY:
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79218
Federal Register / Vol. 85, No. 237 / Wednesday, December 9, 2020 / Notices
purportedly infringe one or more of the
asserted claims of the ’223 patent and
U.S. Patent Nos. 8,587,404 (‘‘the ’404
patent’’) and 6,741,052 (‘‘the ’052
patent’’). Id. The Commission’s notice of
investigation named Nortek as
respondents. Id. The Office of Unfair
Import Investigations was not named as
a party to this investigation. See id.
The Commission subsequently
terminated the investigation with
respect to certain patent claims
withdrawn by CGI. See Order No. 16
(Feb. 5, 2019), unreviewed by Comm’n
Notice (March 6, 2019); Order No. 27
(June 7, 2019), unreviewed by Comm’n
Notice (June 27, 2019); Order No. 31
(July 30, 2019), unreviewed by Comm’n
Notice (Aug. 19, 2019); Order No. 32
(Sept. 27, 2019), unreviewed by Comm’n
Notice (Oct. 17, 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, CGI filed a
motion for summary determination that
it satisfied the economic prong of the
domestic industry requirement. Nortek
opposed the motion. 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 an evidentiary hearing
on the issues in dispute on June 10–14,
2019.
On November 25, 2019, the ALJ
issued Order No. 38, finding no issue of
material fact that CGI’s investments in
labor and capital relating to its domestic
industry products were ‘‘significant’’
and that CGI has satisfied the economic
prong of the domestic industry
requirement pursuant to Section
337(a)(3)(B) (19 U.S.C. 1337(a)(3)(B)).
Order No. 38 (Nov. 25, 2019). Order No.
38 also finds that genuine issues of
material fact precluded entry of
summary determination with respect to
CGI’s investments in plant and
equipment, under Section 337(a)(3)(A)
(19 U.S.C. 1337(a)(3)(A)). Id.
On the same date, the ALJ issued the
final Initial Determination on Violation
of Section 337 (‘‘Final ID’’) and
Recommended Determination on
Remedy and Bond (‘‘RD’’), finding no
violation of Section 337 because the
asserted claims of the ’223 and ’404
patents, if valid, are not infringed and
the asserted claim of the ’052 patent is
invalid, even if infringed. The RD sets
forth the ALJ’s recommendations on
remedy and bond.
On February 19, 2020, the
Commission issued a notice of its
determination to review Order No. 38
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and to partially review the Final ID with
respect to certain issues relating to each
of the three asserted patents. 85 FR
10723–26 (Feb. 25, 2020). The
Commission directed the parties to brief
questions on violation and requested
briefing from the parties, the public, and
any interested government entities on
remedy, the public interest, and
bonding. Id. at 10725. The parties
submitted initial responses and replies
in response to the notice. The
Commission did not receive any
comments from third parties in response
to its notice.
On April 22, 2020, the Commission
issued a determination finding no
violation with respect to the ’404 and
’052 patents. Comm’n Notice at 3 (April
22, 2020). The Commission also vacated
Order No. 38 and remanded the
economic prong issue to the presiding
ALJ for further proceedings while the
Commission continued to review issues
relating to the ’223 patent. Id.; Order
Vacating and Remanding Order No. 38
(April 22, 2020) (‘‘Remand Order’’).
On May 15, 2020, the ALJ issued
Order No. 39, seeking additional
information from the parties in light of
the Commission’s Remand Order. Order
No. 39 (May 15, 2020). On July 10, 2020,
the ALJ issued the subject Remand
Initial Determination (‘‘Remand ID’’),
finding that CGI has made significant
investments, both quantitatively and
qualitatively, in plant and equipment
and labor and capital, pursuant to
Section 337(a)(3)(A) and (B) (19 U.S.C.
1337(a)(3)(A), (B)), respectively.
Remand ID (July 10, 2020). The Remand
ID concludes that CGI has satisfied the
economic prong of the domestic
industry requirement in relation to the
’223 patent, pursuant to Sections
337(a)(3)(A) and (B). Id.
On July 20, 2020, Nortek filed a
petition for review of the Remand ID.
CGI filed its opposition to Nortek’s
petition for review on July 27, 2020. On
September 9, 2020, the Commission
determined to review the Remand ID
and directed the parties to brief a
number of questions with respect to the
economic prong of the domestic
industry requirement. 85 FR 57249–51
(Sept. 15, 2020). The Commission also
allowed the parties to update their prior
submissions on remedy, the public
interest, and bonding, if necessary, and
invited interested government entities
and other interested parties to file
written submissions on those issues as
well. Id. at 57251.
The parties filed their initial
responses to the Commission’s
questions on September 23, 2020. The
parties filed their respective replies on
September 30, 2020. The Commission
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did not receive any comments from
third parties in response to its notice.
Having reviewed the Remand ID, the
parties’ submissions, and the evidence
of record, the Commission has
determined to find that Nortek violated
Section 337 with respect to the ’223
patent. In particular, the Commission
finds that Nortek infringed claims 1 and
21 of the ’223 patent; CGI practiced at
least claim 1 of the patent; and CGI
satisfied the economic prong of the
domestic industry requirement with
respect to the ’223 patent under both
Sections 337(a)(3)(A) and (B). The
Commission has determined to issue a
limited exclusion order and cease and
desist orders against each Nortek
respondent and to impose a bond in the
amount of 100 percent of the entered
value of the covered products during the
period of Presidential review. The
Commission has further determined that
the statutory public interest factors do
not preclude issuance of a remedy. The
investigation is hereby terminated.
The Commission voted to approve
these determinations on December 3,
2020.
The authority for the Commission’s
determinations 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 3, 2020.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2020–27010 Filed 12–8–20; 8:45 am]
BILLING CODE 7020–02–P
DEPARTMENT OF JUSTICE
Antitrust Division
Notice Pursuant to The National
Cooperative Research and Production
Act of 1993—Electrified Vehicle and
Energy Storage Evaluation
Notice is hereby given that, on
December 1, 2020, pursuant to Section
6(a) of the National Cooperative
Research and Production Act of 1993,
15 U.S.C. 4301 et seq. (‘‘the Act’’),
Electrified Vehicle and Energy Storage
Evaluation (‘‘EVESE’’) has filed written
notifications simultaneously with the
Attorney General and the Federal Trade
Commission disclosing changes in its
membership. The notifications were
filed for the purpose of extending the
Act’s provisions limiting the recovery of
antitrust plaintiffs to actual damages
under specified circumstances.
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[Federal Register Volume 85, Number 237 (Wednesday, December 9, 2020)]
[Notices]
[Pages 79217-79218]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-27010]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1118]
Certain Movable Barrier Operator Systems and Components Thereof;
Final Determination Finding a Violation of Section 337; Issuance of a
Limited Exclusion Order and Cease and Desist Orders; Termination of the
Investigation
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that the U.S. International Trade
Commission (the ``Commission'') has determined to: (1) Find that
respondents Nortek Security & Control, LLC of Carlsbad, California;
Nortek, Inc. of Providence, Rhode Island; and GTO Access Systems, LLC
of Tallahassee, Florida (collectively, ``Nortek'') have violated
Section 337 by way of infringing claims 1 and 21 of U.S. Patent No.
7,755,223 (``the '223 patent''); and (2) issue a limited exclusion
order and cease and desist orders against each Nortek respondent, and
set a bond in the amount of 100 percent of the entered value of the
covered products during the period of Presidential review. The
investigation is hereby terminated.
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 may
be viewed on the Commission's electronic docket system (``EDIS'') at
https://edis.usitc.gov. For help accessing EDIS, please email
[email protected]. General information concerning the Commission may
also be obtained by accessing its internet server at https://www.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: The Commission instituted this investigation
on June 11, 2018, based on a complaint, as supplemented, filed by The
Chamberlain Group, Inc. (``CGI'') of Oak Brook, Illinois. 83 FR 27020-
21 (June 11, 2018). The complaint alleges a violation of section 337
the Tariff Act, as amended, 19 U.S.C. 1337 (``Section 337'') in the
importation, sale for importation, or sale in the United States after
importation of certain movable barrier operator (``MBO'') systems that
[[Page 79218]]
purportedly infringe one or more of the asserted claims of the '223
patent and U.S. Patent Nos. 8,587,404 (``the '404 patent'') and
6,741,052 (``the '052 patent''). Id. The Commission's notice of
investigation named Nortek as respondents. Id. The Office of Unfair
Import Investigations was not named as a party to this investigation.
See id.
The Commission subsequently terminated the investigation with
respect to certain patent claims withdrawn by CGI. See Order No. 16
(Feb. 5, 2019), unreviewed by Comm'n Notice (March 6, 2019); Order No.
27 (June 7, 2019), unreviewed by Comm'n Notice (June 27, 2019); Order
No. 31 (July 30, 2019), unreviewed by Comm'n Notice (Aug. 19, 2019);
Order No. 32 (Sept. 27, 2019), unreviewed by Comm'n Notice (Oct. 17,
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, CGI filed a motion for summary determination
that it satisfied the economic prong of the domestic industry
requirement. Nortek opposed the motion. 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 an evidentiary hearing on the issues in dispute on
June 10-14, 2019.
On November 25, 2019, the ALJ issued Order No. 38, finding no issue
of material fact that CGI's investments in labor and capital relating
to its domestic industry products were ``significant'' and that CGI has
satisfied the economic prong of the domestic industry requirement
pursuant to Section 337(a)(3)(B) (19 U.S.C. 1337(a)(3)(B)). Order No.
38 (Nov. 25, 2019). Order No. 38 also finds that genuine issues of
material fact precluded entry of summary determination with respect to
CGI's investments in plant and equipment, under Section 337(a)(3)(A)
(19 U.S.C. 1337(a)(3)(A)). Id.
On the same date, the ALJ issued the final Initial Determination on
Violation of Section 337 (``Final ID'') and Recommended Determination
on Remedy and Bond (``RD''), finding no violation of Section 337
because the asserted claims of the '223 and '404 patents, if valid, are
not infringed and the asserted claim of the '052 patent is invalid,
even if infringed. The RD sets forth the ALJ's recommendations on
remedy and bond.
On February 19, 2020, the Commission issued a notice of its
determination to review Order No. 38 and to partially review the Final
ID with respect to certain issues relating to each of the three
asserted patents. 85 FR 10723-26 (Feb. 25, 2020). The Commission
directed the parties to brief questions on violation and requested
briefing from the parties, the public, and any interested government
entities on remedy, the public interest, and bonding. Id. at 10725. The
parties submitted initial responses and replies in response to the
notice. The Commission did not receive any comments from third parties
in response to its notice.
On April 22, 2020, the Commission issued a determination finding no
violation with respect to the '404 and '052 patents. Comm'n Notice at 3
(April 22, 2020). The Commission also vacated Order No. 38 and remanded
the economic prong issue to the presiding ALJ for further proceedings
while the Commission continued to review issues relating to the '223
patent. Id.; Order Vacating and Remanding Order No. 38 (April 22, 2020)
(``Remand Order'').
On May 15, 2020, the ALJ issued Order No. 39, seeking additional
information from the parties in light of the Commission's Remand Order.
Order No. 39 (May 15, 2020). On July 10, 2020, the ALJ issued the
subject Remand Initial Determination (``Remand ID''), finding that CGI
has made significant investments, both quantitatively and
qualitatively, in plant and equipment and labor and capital, pursuant
to Section 337(a)(3)(A) and (B) (19 U.S.C. 1337(a)(3)(A), (B)),
respectively. Remand ID (July 10, 2020). The Remand ID concludes that
CGI has satisfied the economic prong of the domestic industry
requirement in relation to the '223 patent, pursuant to Sections
337(a)(3)(A) and (B). Id.
On July 20, 2020, Nortek filed a petition for review of the Remand
ID. CGI filed its opposition to Nortek's petition for review on July
27, 2020. On September 9, 2020, the Commission determined to review the
Remand ID and directed the parties to brief a number of questions with
respect to the economic prong of the domestic industry requirement. 85
FR 57249-51 (Sept. 15, 2020). The Commission also allowed the parties
to update their prior submissions on remedy, the public interest, and
bonding, if necessary, and invited interested government entities and
other interested parties to file written submissions on those issues as
well. Id. at 57251.
The parties filed their initial responses to the Commission's
questions on September 23, 2020. The parties filed their respective
replies on September 30, 2020. The Commission did not receive any
comments from third parties in response to its notice.
Having reviewed the Remand ID, the parties' submissions, and the
evidence of record, the Commission has determined to find that Nortek
violated Section 337 with respect to the '223 patent. In particular,
the Commission finds that Nortek infringed claims 1 and 21 of the '223
patent; CGI practiced at least claim 1 of the patent; and CGI satisfied
the economic prong of the domestic industry requirement with respect to
the '223 patent under both Sections 337(a)(3)(A) and (B). The
Commission has determined to issue a limited exclusion order and cease
and desist orders against each Nortek respondent and to impose a bond
in the amount of 100 percent of the entered value of the covered
products during the period of Presidential review. The Commission has
further determined that the statutory public interest factors do not
preclude issuance of a remedy. The investigation is hereby terminated.
The Commission voted to approve these determinations on December 3,
2020.
The authority for the Commission's determinations 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 3, 2020.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2020-27010 Filed 12-8-20; 8:45 am]
BILLING CODE 7020-02-P
