Certain Movable Barrier Operator Systems and Components Thereof; Notice of Institution of Formal Enforcement Proceeding, 48039 [2022-16789]
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Federal Register / Vol. 87, No. 150 / Friday, August 5, 2022 / Notices
made available for public inspection in
their entirety.
Authority: 42 U.S.C. 4231 et seq.
(NEPA, as amended) and 40 CFR 1506.6.
William Y. Brown,
Chief Environmental Officer, Bureau of Ocean
Energy Management.
[FR Doc. 2022–16647 Filed 8–4–22; 8:45 am]
BILLING CODE 4310–MR–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–1209
(Enforcement)]
Certain Movable Barrier Operator
Systems and Components Thereof;
Notice of Institution of Formal
Enforcement Proceeding
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
Notice is hereby given that
the U.S. International Trade
Commission has determined to institute
a formal enforcement proceeding
relating to the limited exclusion order
(‘‘LEO’’) and cease and desist order
(‘‘CDO’’) (collectively, ‘‘the remedial
orders’’) issued against The
Chamberlain Group, LLC (formerly, The
Chamberlain Group, Inc.)
(‘‘Chamberlain’’) on February 9, 2022,
and modified on March 30, 2022, in the
above-referenced investigation.
FOR FURTHER INFORMATION CONTACT:
Houda Morad, 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: On August
10, 2020, the Commission instituted this
investigation under section 337 of the
Tariff Act of 1930, as amended, 19
U.S.C. 1337 (‘‘section 337’’), based on a
complaint filed by Overhead Door
Corporation of Lewisville, Texas and
GMI Holdings Inc. of Mount Hope, Ohio
(collectively, ‘‘OHD’’). See 85 FR 48264–
65 (Aug. 10, 2020). The complaint, as
lotter on DSK11XQN23PROD with NOTICES1
SUMMARY:
VerDate Sep<11>2014
17:20 Aug 04, 2022
Jkt 256001
supplemented, alleged a violation of
section 337 based upon the importation
into the United States, the sale for
importation, and the sale within the
United States after importation of
certain movable barrier operator systems
and components thereof by reason of
infringement of U.S. Patent Nos.
8,970,345; 7,173,516 (‘‘the ’516 patent’’);
7,180,260; 9,483,935 (‘‘the ’935 patent’’);
7,956,718 (‘‘the ’718 patent’’); and
8,410,895 (‘‘the ’895 patent’’). See id.
The notice of investigation named
Chamberlain of Oak Brook, Illinois as
the respondent in this investigation. See
id. The Office of Unfair Import
Investigations (‘‘OUII’’) was not a party
to the investigation. See id.
On February 10, 2021, the
Commission terminated the
investigation as to the ’516 patent based
on the withdrawal of the allegations in
the complaint as to that patent. See
Order No. 10 (Jan. 19, 2021), unreviewed
by Comm’n Notice (Feb. 10, 2021).
On February 9, 2022, the Commission
issued a final determination finding a
violation of section 337 based on
Chamberlain’s infringement of the
asserted claims of the ’935, ’718, and
’895 patents. See 87 FR 8605–06 (Feb.
15, 2022). The Commission further
determined to: (1) issue an LEO against
Chamberlain’s infringing products and a
CDO against Chamberlain; and (2) set a
bond during the period of Presidential
review in the amount of one hundred
(100) percent of the entered value of the
infringing articles. See id.
On March 30, 2022, the Commission
issued modified remedial orders to
confirm that the covered products or
articles in the remedial orders include
garage door openers, gate operators, and
commercial operators. See 87 FR 19709–
10 (Apr. 5, 2022).
On July 1, 2022, OHD filed a
complaint requesting that the
Commission institute an enforcement
proceeding under Commission Rule
210.75 (19 CFR 210.75) to investigate
alleged violations of the remedial orders
by Chamberlain.
Having examined the enforcement
complaint and the supporting
documents, the Commission has
determined to institute a formal
enforcement proceeding, pursuant to
Commission Rule 210.75(a) (19 CFR
210.75(a)), to determine whether
violations of the remedial orders, issued
on February 9, 2022, and modified on
March 30, 2022, in the above-referenced
investigation, have occurred and to
determine what, if any, enforcement
measures are appropriate. The named
respondent is Chamberlain. OUII is also
named as a party. In the Order issued
concurrently herewith, the Commission
PO 00000
Frm 00083
Fmt 4703
Sfmt 4703
48039
has delegated this enforcement
proceeding to the Chief Administrative
Law Judge for designation of a presiding
Administrative Law Judge to conduct
any necessary proceedings, issue an
Enforcement Initial Determination, and
make a recommendation on appropriate
enforcement measures, if any.
The Commission’s vote on this
determination took place on August 1,
2022.
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: August 1, 2022.
Katherine Hiner,
Acting Secretary to the Commission.
[FR Doc. 2022–16789 Filed 8–4–22; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–1259]
Certain Toner Supply Containers and
Components Thereof (I); Notice of
Commission Final Determination
Finding a Violation of Section 337;
Issuance of a General 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 (‘‘Commission’’) has found
a violation of section 337 of the Tariff
Act of 1930, as amended, in this
investigation and has issued a general
exclusion order (‘‘GEO’’) prohibiting the
importation of certain infringing toner
supply containers and components
thereof, as well as cease and desist
orders (‘‘CDOs’’) against certain
defaulting respondents. The
investigation is terminated.
FOR FURTHER INFORMATION CONTACT:
Lynde Herzbach, Office of the General
Counsel, U.S. International Trade
Commission, 500 E Street SW,
Washington, DC 20436, telephone (202)
205–3228. 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
SUMMARY:
E:\FR\FM\05AUN1.SGM
05AUN1
]]>Agencies
[Federal Register Volume 87, Number 150 (Friday, August 5, 2022)]
[Notices]
[Page 48039]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-16789]
=======================================================================
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1209 (Enforcement)]
Certain Movable Barrier Operator Systems and Components Thereof;
Notice of Institution of Formal Enforcement Proceeding
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that the U.S. International Trade
Commission has determined to institute a formal enforcement proceeding
relating to the limited exclusion order (``LEO'') and cease and desist
order (``CDO'') (collectively, ``the remedial orders'') issued against
The Chamberlain Group, LLC (formerly, The Chamberlain Group, Inc.)
(``Chamberlain'') on February 9, 2022, and modified on March 30, 2022,
in the above-referenced investigation.
FOR FURTHER INFORMATION CONTACT: Houda Morad, 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
[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
on (202) 205-1810.
SUPPLEMENTARY INFORMATION: On August 10, 2020, the Commission
instituted this investigation under section 337 of the Tariff Act of
1930, as amended, 19 U.S.C. 1337 (``section 337''), based on a
complaint filed by Overhead Door Corporation of Lewisville, Texas and
GMI Holdings Inc. of Mount Hope, Ohio (collectively, ``OHD''). See 85
FR 48264-65 (Aug. 10, 2020). The complaint, as supplemented, alleged a
violation of section 337 based upon the importation into the United
States, the sale for importation, and the sale within the United States
after importation of certain movable barrier operator systems and
components thereof by reason of infringement of U.S. Patent Nos.
8,970,345; 7,173,516 (``the '516 patent''); 7,180,260; 9,483,935 (``the
'935 patent''); 7,956,718 (``the '718 patent''); and 8,410,895 (``the
'895 patent''). See id. The notice of investigation named Chamberlain
of Oak Brook, Illinois as the respondent in this investigation. See id.
The Office of Unfair Import Investigations (``OUII'') was not a party
to the investigation. See id.
On February 10, 2021, the Commission terminated the investigation
as to the '516 patent based on the withdrawal of the allegations in the
complaint as to that patent. See Order No. 10 (Jan. 19, 2021),
unreviewed by Comm'n Notice (Feb. 10, 2021).
On February 9, 2022, the Commission issued a final determination
finding a violation of section 337 based on Chamberlain's infringement
of the asserted claims of the '935, '718, and '895 patents. See 87 FR
8605-06 (Feb. 15, 2022). The Commission further determined to: (1)
issue an LEO against Chamberlain's infringing products and a CDO
against Chamberlain; and (2) set a bond during the period of
Presidential review in the amount of one hundred (100) percent of the
entered value of the infringing articles. See id.
On March 30, 2022, the Commission issued modified remedial orders
to confirm that the covered products or articles in the remedial orders
include garage door openers, gate operators, and commercial operators.
See 87 FR 19709-10 (Apr. 5, 2022).
On July 1, 2022, OHD filed a complaint requesting that the
Commission institute an enforcement proceeding under Commission Rule
210.75 (19 CFR 210.75) to investigate alleged violations of the
remedial orders by Chamberlain.
Having examined the enforcement complaint and the supporting
documents, the Commission has determined to institute a formal
enforcement proceeding, pursuant to Commission Rule 210.75(a) (19 CFR
210.75(a)), to determine whether violations of the remedial orders,
issued on February 9, 2022, and modified on March 30, 2022, in the
above-referenced investigation, have occurred and to determine what, if
any, enforcement measures are appropriate. The named respondent is
Chamberlain. OUII is also named as a party. In the Order issued
concurrently herewith, the Commission has delegated this enforcement
proceeding to the Chief Administrative Law Judge for designation of a
presiding Administrative Law Judge to conduct any necessary
proceedings, issue an Enforcement Initial Determination, and make a
recommendation on appropriate enforcement measures, if any.
The Commission's vote on this determination took place on August 1,
2022.
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: August 1, 2022.
Katherine Hiner,
Acting Secretary to the Commission.
[FR Doc. 2022-16789 Filed 8-4-22; 8:45 am]
BILLING CODE 7020-02-P
