Notice2023-15738
Certain Movable Barrier Operator Systems and Components Thereof Notice of Commission Decision Not to Review an Initial Determination Granting an Unopposed Motion for Return of Bond; Return of Bond; Termination of Bond Return Proceeding
Primary source
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Published
July 25, 2023
Issuing agencies
International Trade Commission
Abstract
Notice is hereby given that the U.S. International Trade Commission has determined not to review an initial determination ("ID") of the presiding Administrative Law Judge ("ALJ") granting an unopposed motion of respondent The Chamberlain Group, LLC of Oak Brook, Illinois ("Chamberlain") for the return of the bond it paid under the remedial orders during the period of Presidential review. The bond is returned to Chamberlain, and the bond return proceeding is terminated.
Full Text
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<title>Federal Register, Volume 88 Issue 141 (Tuesday, July 25, 2023)</title>
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[Federal Register Volume 88, Number 141 (Tuesday, July 25, 2023)]
[Notices]
[Pages 47901-47902]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-15738]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1209]
Certain Movable Barrier Operator Systems and Components Thereof
Notice of Commission Decision Not to Review an Initial Determination
Granting an Unopposed Motion for Return of Bond; Return of Bond;
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 has determined not to review an initial determination
(``ID'') of the presiding Administrative Law Judge (``ALJ'') granting
an unopposed motion of respondent The Chamberlain Group, LLC of Oak
Brook, Illinois (``Chamberlain'') for the return of the bond it paid
under the remedial orders during the period of Presidential review. The
bond is returned to Chamberlain, and the bond return proceeding is
terminated.
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 <a href="https://edis.usitc.gov">https://edis.usitc.gov</a>. For help accessing EDIS, please email
<a href="/cdn-cgi/l/email-protection#fbbebfb2a8c8b39e978bbb8e88928f98d59c948d"><span class="__cf_email__" data-cfemail="185d5c514b2b507d7468586d6b716c7b367f776e">[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
on (202) 205-1810.
SUPPLEMENTARY INFORMATION: On August 10, 2020, the Commission
instituted an 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, ``Overhead
Door''). 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
[[Page 47902]]
infringement of U.S. Patent Nos. 8,970,345 (``the '345 patent'');
7,173,516 (``the '516 patent''); 7,180,260 (``the '260 patent'');
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 (formerly, The Chamberlain Group, Inc.) as the
respondent in this investigation. See id. The Office of Unfair Import
Investigations (``OUII'') was not named as a party. 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, but not the
'345 and '260 patents. See 87 FR 8605-06 (Feb. 15, 2022). The
Commission further determined to: (1) issue a limited exclusion order
against Chamberlain's infringing products and a cease and desist order
against Chamberlain (collectively, the ``remedial orders''); 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 April 11 and 12, 2022, respectively, Overhead Door and
Chamberlain filed appeals from the Commission's final determination
with the U.S. Court of Appeals for the Federal Circuit. See Chamberlain
Grp., LLC v. ITC, Appeals Nos. 22-1664, 22-1656 (consolidated). On June
14, 2023, the Federal Circuit dismissed the appeals based on a joint
stipulation of voluntary dismissal. See Chamberlain Grp., LLC v. ITC,
Order, Appeal No. 22-1664, ECF No. 95 (Fed. Cir. June 14, 2023).
On August 5, 2022, the Commission instituted an enforcement
proceeding under Commission Rule 210.75 (19 CFR 210.75) to investigate
alleged violations of the remedial orders by Chamberlain's legacy and
redesigned products. See 87 FR 48039 (Aug. 5, 2022). In addition to
Overhead Door and Chamberlain, OUII was also named as a party to the
enforcement proceeding. See id. The Commission subsequently terminated
the enforcement proceeding based on settlement. See Order No. 26 (June
14, 2023), unreviewed by Comm'n Notice (July 12, 2023).
On June 13, 2023, Overhead Door and Chamberlain filed a joint
petition to rescind the remedial orders (original and modified) based
on the settlement agreement. On July 12, 2023, the Commission
determined to institute a rescission proceeding and to rescind the
remedial orders (original and modified). Comm'n Notice (July 12, 2023).
The rescission proceeding has been terminated. Id.
On June 15, 2023, Chamberlain filed an unopposed motion for the
return of the bond it posted under the remedial orders during the
period of Presidential review. On June 20, 2023, OUII filed a response
in support of the motion.
On June 28, 2023, the ALJ issued the subject ID (Order No. 27)
granting the motion. See ID at 2; see also id. at 1 (incorrectly
referring to the exclusion order as a general exclusion order rather
than a limited exclusion order). The ID notes that the motion was filed
within 30 days after the resolution of the appeal, in compliance with
Commission Rule 210.50(d)(1)(ii) (19 CFR 210.50(d)(1)(ii)). See ID at
2. The ID also finds ``no reason to deny Chamberlain's request for the
return of bond.'' See id. No petition for review of the subject ID was
filed.
The Commission has determined not to review the subject ID. The
bond is returned to Chamberlain. The bond return proceeding is
terminated.
The Commission's vote on this determination took place on July 20,
2023.
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: July 20, 2023.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2023-15738 Filed 7-24-23; 8:45 am]
BILLING CODE 7020-02-P
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