Certain Movable Barrier Operator Systems and Components Thereof; Notice of a Commission Determination Not To Review an Initial Determination Denying Respondents' Motion for Return of Bonds; Termination of Bond Return Proceeding, 70862-70863 [2021-26938]

Download as PDF khammond on DSKJM1Z7X2PROD with NOTICES 70862 Federal Register / Vol. 86, No. 236 / Monday, December 13, 2021 / Notices submissions that interested persons wish to make, regardless of whether they appeared at the hearing, and may include new information or updates of information previously provided. Written submissions should provide information that will assist the Commission in analyzing foreign censorship’s impacts on (1) employment, (2) direct costs to businesses (e.g., compliance and entry costs), (3) foregone revenue and sales, (4) self-censorship, and (5) other effects that you view as falling within the scope of the Committee’s request. The Commission is scheduled to deliver its report to the Committee by July 5, 2022. All written submissions must conform to the provisions of section 201.8 of the Commission’s Rules of Practice and Procedure (19 CFR 201.8), as temporarily amended by 85 FR 15798 (March 19, 2020). Under that rule waiver, the Office of the Secretary will accept only electronic filings at this time. Filings must be made through the Commission’s Electronic Document Information System (EDIS, https:// edis.usitc.gov). No in-person paperbased filings or paper copies of any electronic filings will be accepted until further notice. Persons with questions regarding electronic filing should contact the Office of the Secretary, Docket Services Division (202–205– 1802), or consult the Commission’s Handbook on Filing Procedures. In accordance with the provisions of section 201.8 of the Commission’s Rules of Practice and Procedure (19 CFR 201.8) the document must identify on its cover (1) the investigation number and title and the type of document filed (i.e., written submission), (2) the name and signature of the person filing it, (3) the name of the organization that the submission is filed on behalf of, and (4) whether it contains confidential business information (CBI). If it contains CBI, it must comply with the marking and other requirements set out below in this notice relating to CBI. Submitters are encouraged to include a short summary of their position or interest at the beginning of the document, and a table of contents when the document addresses multiple issues. Confidential Business Information: Any submissions that contain confidential business information must also conform to the requirements of section 201.6 of the Commission’s Rules of Practice and Procedure (19 CFR 201.6). Section 201.6 of the rules requires that the cover of the document and the individual pages be clearly marked as to whether they are the ‘‘confidential’’ or ‘‘non-confidential’’ version, and that the confidential VerDate Sep<11>2014 16:50 Dec 10, 2021 Jkt 256001 business information is clearly identified by means of brackets. All written submissions, except for confidential business information, will be made available for inspection by interested parties. As requested by the Committee, the Commission will not include any confidential business information in its report. However, all information, including confidential business information, submitted in 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 for cybersecurity purposes. The Commission will not otherwise disclose any confidential business information in a way that would reveal the operations of the firm supplying the information. Summaries of Written Submissions: Persons wishing to have a summary of their position included in the report should include a summary with their written submission on or before January 14, 2022 and should mark the summary as having been provided for that purpose. The summary should be clearly marked as ‘‘summary for inclusion in the part 2 report’’ at the top of the page. The summary may not exceed 500 words should not include any confidential business information. The summary will be published as provided if it meets these requirements and is germane to the subject matter of the investigation. The Commission will list the name of the organization furnishing the summary and will include a link to the Commission’s Electronic Document Information System (EDIS) where the written submission can be found. By order of the Commission. Issued: December 8, 2021. Lisa Barton, Secretary to the Commission. [FR Doc. 2021–26911 Filed 12–10–21; 8:45 am] BILLING CODE 7020–02–P PO 00000 Frm 00049 Fmt 4703 Sfmt 4703 INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–1118 (Bond Return)] Certain Movable Barrier Operator Systems and Components Thereof; Notice of a Commission Determination Not To Review an Initial Determination Denying Respondents’ Motion for Return of Bonds; Termination of Bond Return Proceeding International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that the U.S. International Trade Commission (the ‘‘Commission’’) has determined not to review an initial determination (‘‘ID’’) (Order No. 45) denying a motion filed by respondents Nortek Security & Control, LLC of Carlsbad, California; Nortek, Inc. of Providence, Rhode Island; and GTO Access Systems, LLC of Tallahassee, Florida (collectively, ‘‘Nortek’’) for return of bonds posted in the abovecaptioned investigation. The bond return proceeding 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 purportedly infringe one or more of the asserted claims of U.S. Patent Nos. 7,775,223 (‘‘the ’223 patent); 8,587,404 (‘‘the ’404 patent’’); and 6,741,052 (‘‘the SUMMARY: E:\FR\FM\13DEN1.SGM 13DEN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 86, No. 236 / Monday, December 13, 2021 / Notices ’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 November 25, 2019, 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 are not infringed and the asserted claim of the ’052 patent is invalid. The RD sets forth the ALJ’s recommendations on remedy and bond. On the same date, the ALJ issued Order No. 38, granting CGI’s motion for summary determination that it 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). 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). On April 22, 2020, the Commission issued its final determination, affirming the ID’s finding that there was no violation with respect to either the ’404 patent or ’052 patent. Comm’n Notice at 3 (April 22, 2020). The Commission also vacated Order No. 38 and remanded the economic prong issue to the 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 July 10, 2020, the ALJ issued the Remand Initial Determination (‘‘Remand ID’’), finding that CGI satisfied the economic prong of the domestic industry requirement. Remand ID (July 10, 2020). On September 9, 2020, the Commission determined to review the Remand ID. 85 FR 57249–51 (Sept. 15, 2020). On December 3, 2020, the Commission determined to affirm the Remand ID, reversed the ID’s finding that Nortek did not infringe the ’223 VerDate Sep<11>2014 16:50 Dec 10, 2021 Jkt 256001 70863 patent, and found that Nortek violated Section 337 by way of infringing claims 1 and 21 of the ’223 patent. The Commission issued a limited exclusion order and cease and desist orders and directed Nortek to pay a bond equal to 100 percent of the entered value of the covered products imported during the period of Presidential review. On June 16, 2020, CGI filed its notice of appeal from the final determination in the present investigation. The U.S. Court of Appeals for the Federal Circuit (‘‘Federal Circuit’’) docketed CGI’s appeal as Appeal No. 20–1965. On April 1, 2021, Nortek filed its cross-appeal, which the Federal Circuit docketed as Appeal No. 21–1829 and consolidated with Appeal No. 20–1965. The appeals are presently pending before the Federal Circuit. On June 8, 2021, Nortek filed a motion for return of the bonds it posted in connection with products imported during the period of Presidential review, pursuant to Commission Rule 210.50(d)(1). On June 23, 2021, CGI filed an opposition to Nortek’s motion. On October 22, 2021, the ALJ issued the subject ID (Order No. 45), denying Nortek’s motion as untimely because it was not filed within 90 days of the expiration of the Presidential review period as well as premature because it was not filed within 30 days after the resolution of the appeal from the final determination. Order No. 45 (Oct. 22, 2021). No party filed a petition for review of the subject ID. Having reviewed the Remand ID, the parties’ submissions, and the evidence of record, the Commission has determined not to review the subject ID. The bond return proceeding is terminated. The Commission voted to approve these determinations on December 8, 2021. 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). INTERNATIONAL TRADE COMMISSION By order of the Commission. Issued: December 8, 2021. Lisa Barton, Secretary to the Commission. 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 submissions on public interest issues raised by the recommended relief should the Commission find a violation, [FR Doc. 2021–26938 Filed 12–10–21; 8:45 am] BILLING CODE 7020–02–P PO 00000 Frm 00050 Fmt 4703 Sfmt 4703 [Investigation No. 337–TA–1220] Certain Filament Light-Emitting Diodes and Products Containing Same (II); Notice of Request for Submissions on the Public Interest International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that on November 19, 2021, the presiding administrative law judge (‘‘ALJ’’) issued a Final Initial Determination on Violation of section 337. The ALJ also issued a Recommended Determination on remedy and bonding should a violation be found in the abovecaptioned investigation. The Commission is soliciting submissions on public interest issues raised by the recommended relief should the Commission find a violation. This notice is soliciting comments from the public only. FOR FURTHER INFORMATION CONTACT: Houda Morad, Esq., Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone (202) 708–4716. Copies of non-confidential documents filed in connection with this investigation may be viewed on the Commission’s electronic docket (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 on (202) 205–1810. SUPPLEMENTARY INFORMATION: Section 337 of the Tariff Act of 1930 provides that, if the Commission finds a violation, it shall exclude the articles concerned from the United States: SUMMARY: 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 that such articles should not be excluded from entry. E:\FR\FM\13DEN1.SGM 13DEN1

Agencies

[Federal Register Volume 86, Number 236 (Monday, December 13, 2021)]
[Notices]
[Pages 70862-70863]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-26938]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1118 (Bond Return)]


Certain Movable Barrier Operator Systems and Components Thereof; 
Notice of a Commission Determination Not To Review an Initial 
Determination Denying Respondents' Motion for Return of Bonds; 
Termination of Bond Return Proceeding

AGENCY: International Trade Commission.

ACTION: Notice.

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

SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission (the ``Commission'') has determined not to review an initial 
determination (``ID'') (Order No. 45) denying a motion filed by 
respondents Nortek Security & Control, LLC of Carlsbad, California; 
Nortek, Inc. of Providence, Rhode Island; and GTO Access Systems, LLC 
of Tallahassee, Florida (collectively, ``Nortek'') for return of bonds 
posted in the above-captioned investigation. The bond return proceeding 
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 
purportedly infringe one or more of the asserted claims of U.S. Patent 
Nos. 7,775,223 (``the '223 patent); 8,587,404 (``the '404 patent''); 
and 6,741,052 (``the

[[Page 70863]]

'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 November 25, 2019, 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 are not infringed and the asserted claim of the '052 
patent is invalid. The RD sets forth the ALJ's recommendations on 
remedy and bond.
    On the same date, the ALJ issued Order No. 38, granting CGI's 
motion for summary determination that it 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).
    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).
    On April 22, 2020, the Commission issued its final determination, 
affirming the ID's finding that there was no violation with respect to 
either the '404 patent or '052 patent. Comm'n Notice at 3 (April 22, 
2020). The Commission also vacated Order No. 38 and remanded the 
economic prong issue to the 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 July 10, 2020, the ALJ issued the Remand Initial Determination 
(``Remand ID''), finding that CGI satisfied the economic prong of the 
domestic industry requirement. Remand ID (July 10, 2020). On September 
9, 2020, the Commission determined to review the Remand ID. 85 FR 
57249-51 (Sept. 15, 2020).
    On December 3, 2020, the Commission determined to affirm the Remand 
ID, reversed the ID's finding that Nortek did not infringe the '223 
patent, and found that Nortek violated Section 337 by way of infringing 
claims 1 and 21 of the '223 patent. The Commission issued a limited 
exclusion order and cease and desist orders and directed Nortek to pay 
a bond equal to 100 percent of the entered value of the covered 
products imported during the period of Presidential review.
    On June 16, 2020, CGI filed its notice of appeal from the final 
determination in the present investigation. The U.S. Court of Appeals 
for the Federal Circuit (``Federal Circuit'') docketed CGI's appeal as 
Appeal No. 20-1965. On April 1, 2021, Nortek filed its cross-appeal, 
which the Federal Circuit docketed as Appeal No. 21-1829 and 
consolidated with Appeal No. 20-1965. The appeals are presently pending 
before the Federal Circuit.
    On June 8, 2021, Nortek filed a motion for return of the bonds it 
posted in connection with products imported during the period of 
Presidential review, pursuant to Commission Rule 210.50(d)(1). On June 
23, 2021, CGI filed an opposition to Nortek's motion.
    On October 22, 2021, the ALJ issued the subject ID (Order No. 45), 
denying Nortek's motion as untimely because it was not filed within 90 
days of the expiration of the Presidential review period as well as 
premature because it was not filed within 30 days after the resolution 
of the appeal from the final determination. Order No. 45 (Oct. 22, 
2021).
    No party filed a petition for review of the subject ID.
    Having reviewed the Remand ID, the parties' submissions, and the 
evidence of record, the Commission has determined not to review the 
subject ID.
    The bond return proceeding is terminated.
    The Commission voted to approve these determinations on December 8, 
2021.
    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 8, 2021.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2021-26938 Filed 12-10-21; 8:45 am]
BILLING CODE 7020-02-P
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