Notice2021-26938
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
Primary source
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Published
December 13, 2021
Issuing agencies
International Trade Commission
Abstract
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.
Full Text
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<title>Federal Register, Volume 86 Issue 236 (Monday, December 13, 2021)</title>
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[Federal Register Volume 86, Number 236 (Monday, December 13, 2021)]
[Notices]
[Pages 70862-70863]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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.
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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
<a href="https://edis.usitc.gov">https://edis.usitc.gov</a>. For help accessing EDIS, please email
<a href="/cdn-cgi/l/email-protection#cd8889849efe85a8a1bd8db8bea4b9aee3aaa2bb"><span class="__cf_email__" data-cfemail="094c4d405a3a416c6579497c7a607d6a276e667f">[email protected]</span></a>. General information concerning the Commission may
also be obtained by accessing its internet server at <a href="https://www.usitc.gov">https://www.usitc.gov</a>. 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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