[Federal Register Volume 66, Number 139 (Thursday, July 19, 2001)]
[Notices]
[Pages 37704-37705]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-18126]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-459]


Certain Garage Door Operators Including Components Thereof; 
Notice of Investigation

AGENCY: International Trade Commission.

ACTION: Institution of investigation pursuant to 19 U.S.C. 1337.

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SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on June 15, 2001, under section 337 
of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of The 
Chamberlain Group, Inc. of Elmhurst, Illinois. Supplements to the 
complaint were filed on June 21 and July 9, 2001. The complaint, as 
supplemented, alleges violations of section 337 in the importation into 
the United States, the sale for importation, and the sale within the 
United States after importation of certain garage door operators 
including components thereof by reason of infringement of claims 1-8 of 
U.S. Letters Patent Re. 35,364 and claims 5-30 of U.S. Letters Patent 
Re. 36,703. The complaint further alleges that an industry in the 
United States exists as required by subsection (a)(2) of section 337.
    The complainant requests that the Commission institute an 
investigation and, after the investigation, issue a permanent exclusion 
order and permanent cease and desist orders.

ADDRESSES: The complaint and supplements, except for any confidential 
information contained therein, are available for inspection during 
official business hours (8:45 a.m. to 5:15 p.m.) in the Office of the 
Secretary, U.S. International Trade Commission, 500 E Street, SW., Room 
112, Washington, DC 20436, telephone 202-205-2000. Hearing impaired 
individuals are advised that information on this matter can be obtained 
by contacting the Commission's ADD terminal on 202-205-1810. Persons 
with mobility impairments who will need special assistance in gaining 
access to the Commission should contact the Office of the Secretary at 
202-205-2000. General information concerning the Commission may also be 
obtained by accessing its internet server at http://www.usitc.gov. The 
public record for this investigation may be viewed on the Commission's 
electronic docket (EDIS-ON-LINE) at http://dockets.usitc.gov/eol/public.

FOR FURTHER INFORMATION CONTACT: David O. Lloyd, Esq., Office of Unfair 
Import Investigations, U.S. International Trade Commission, telephone 
202-205-2576.

    Authority: The authority for institution of this investigation 
is contained in section 337 of the Tariff Act of 1930, as amended, 
and in section 210.10 of the Commission's Rules of Practice and 
Procedure, 19 CFR 210.10 (2001).

    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on July 13, 2001, Ordered That--
    (1) Pursuant to subsection (b) of section 337 of the Tariff Act of 
1930, as amended, an investigation be instituted to determine whether 
there is a violation of subsection (a)(1)(B) of section 337 in the 
importation into the United States, the sale for importation, or the 
sale within the United States after importation of certain garage door 
operators including components thereof by reason of infringement of 
claims 1-8 of U.S. Letters Patent Re. 35,364 or claims 5-30 of U.S. 
Letters Patent Re. 36,703 and whether an industry in the United States 
exists as required by subsection (a)(2) of section 337.
    (2) For the purpose of the investigation so instituted, the 
following are hereby named as parties upon which this notice of 
investigation shall be served:
    (a) The complainant is--The Chamberlain Group, Inc., 845 Larch 
Avenue, Elmhurst, Illinois 60126-1196.
    (b) The respondents are the following companies alleged to be in 
violation of section 337, and are the parties upon which the complaint 
is to be served:

Linear Corporation, 2055 Corte Del Nogal, Carlsbad, California 92009-
1498
Napoleon Spring Works, Inc., 111 Weires Drive, Archbold, Ohio 43502
Lynx Industries, Inc., 111 Weires Drive, Archbold, Ohio 43502

[[Page 37705]]

Innovative Home Products, Inc., 2400 East Lincoln Street, Birmingham, 
Michigan 48009-7126
Wayne-Dalton Corporation, One Door Drive, P.O. Box 67, Mt. Hope, Ohio 
44660
Guardian Access Corporation, No. 1, Pei Yuan 2. Rd., Chung Li City, 
Taiwan

    (c) David O. Lloyd, Esq., Office of Unfair Import Investigations, 
U.S. International Trade Commission, 500 E Street, SW., Room 401, 
Washington, DC 20436, who shall be the Commission investigative 
attorney, party to this investigation; and
    (3) For the investigation so instituted, the Honorable Sidney 
Harris is designated as the presiding administrative law judge.
    Responses to the complaint and the notice of investigation must be 
submitted by the named respondent in accordance with section 210.13 of 
the Commission's Rules of Practice and Procedure, 19 CFR 210.13. 
Pursuant to 19 CFR 201.16(d) and 210.13(a), such responses will be 
considered by the Commission if received no later than 20 days after 
the date of service by the Commission of the complaint and the notice 
of investigation. Extensions of time for submitting responses to the 
complaint will not be granted unless good cause therefor is shown.
    Failure of a respondent to file a timely response to each 
allegation in the complaint and in this notice may be deemed to 
constitute a waiver of the right to appear and contest the allegations 
of the complaint and to authorize the administrative law judge and the 
Commission, without further notice to that respondent, to find the 
facts to be as alleged in the complaint and this notice and to enter 
both an initial determination and a final determination containing such 
findings, and may result in the issuance of a limited exclusion order 
or a cease and desist order or both directed against that respondent.

    Issued: July 16, 2001.

    By Order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 01-18126 Filed 7-18-01; 8:45 am]
BILLING CODE 7020-02-P