[Federal Register Volume 66, Number 247 (Wednesday, December 26, 2001)]
[Notices]
[Pages 66424-66425]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-31600]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-459]


In the Matter of Certain Garage Door Operators Including 
Components Thereof; Notice of Decision to Modify an Initial 
Determination Granting a Motion to Intervene

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined to modify an initial determination (ID) 
(Order No. 5), as supplemented by Order No. 7, issued by the presiding 
administrative law judge (ALJ) in the above-captioned investigation. 
The ID is modified to the extent that the restrictions placed an 
intervenor's participation in the investigation are lifted.

FOR FURTHER INFORMATION CONTACT: Jean Jackson, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street, 
SW., Washington, DC 20436, telephone 202-205-3104. Copies of all 
nonconfidential documents filed in connection with this investigation 
are or will be 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., Washington, DC 20436, 
telephone 202-205-2000. General information concerning the Commission 
may also be obtained by accessing its Internet server (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. Hearing-impaired persons are advised that 
information on the matter can be obtained by contacting the 
Commission's TDD terminal on 202-205-1810.

SUPPLEMENTARY INFORMATION: The Commission instituted this investigation 
on July 16, 2001, based on a complaint filed by The Chamberlain Group, 
Inc. (``Chamberlain'') against six entities, not including Microchip 
Technology Inc. (Microchip). 66 FR 37704. Chamberlain's complaint 
alleges violations of section 337 in the importation into the United 
States, sale for importation, and/or sale within the United States 
after importation of certain garage door operators by reason of 
infringement of certain claims of Chamberlain's U.S. Letters Patents 
Nos. Re. 35,364 and Re. 36,703. On August 6, 2001, Microchip filed a 
motion to intervene in this investigation.
    On October 1, 2001, the ALJ issued an ID (Order No. 5) granting 
Microchip's motion. The ID allowed Microchip to become an 
``intervenor'' in the present investigation, but placed restrictions on 
Microchip's participation. Under the ID, Microchip was allowed to 
participate in the discovery phase of the investigation, but was not 
allowed to notice depositions during discovery or participate as a 
party at the hearing. On October 30, 2001, the Commission

[[Page 66425]]

determined to review the ID and remanded the ID to the ALJ for either a 
modification of the ID or a statement of reasons supporting his 
decision to allow only limited intervention. Commission Order and 
Notice of Review, dated October 30, 2001.
    On November 20, 2001, the ALJ issued Order No. 7, in which he 
supplied reasons for the restrictions that he placed on Microchip. 
Microchip filed a submission concerning Order No.7 on November 28, 
2001. On December 5, 2001, complainant Chamberlain responded in 
opposition to the submission. On the same date, the Commission 
investigative attorney filed a response in support of Microchip.
    This action is taken under the authority of section 337 of the 
Tariff Act of 1930, 19 U.S.C. 1337, and section 210.45 of the 
Commission's rules of practice and procedure, 19 CFR 210.45.

    By order of the Commission.

    Issued: December 18, 2001.
Donna R. Koehnke,
Secretary.
[FR Doc. 01-31600 Filed 12-21-01; 8:45 am]
BILLING CODE 7020-02-P