[Federal Register Volume 68, Number 165 (Tuesday, August 26, 2003)]
[Notices]
[Pages 51301-51302]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-21758]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-497]


In the Matter of Certain Universal Transmitters for Garage Door 
Openers; Notice of Investigation

AGENCY: International Trade Commission.

[[Page 51302]]


ACTION: Institution of investigation pursuant to 19 U.S.C. 1337 and 
provisional acceptance of motion for temporary relief.

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SUMMARY: Notice is hereby given that a complaint and motion for 
temporary relief were filed with the U.S. International Trade 
Commission on July 16, 2003, 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. A supplement to the complaint was filed on 
August 8, 2003. 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 universal transmitters for garage door openers by reason of 
infringement of claims 1-8 of U.S. Patent No. RE 35,364 and claims 5-62 
of U.S. Patent No. RE 37,986, and violation of section 1201(a)(2) of 
the Digital Millennium Copyright Act, 17 U.S.C. 1201(a)(2). The 
complaint further alleges that an industry in the United States exists 
as required by subsections (a)(1)(A) and (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.
    The motion for temporary relief requests that the Commission issue 
a temporary limited exclusion order and temporary cease and desist 
orders prohibiting the importation into and the sale within the United 
States after importation of certain universal transmitters for garage 
door openers that violate section 1201(a)(2) of the Digital Millennium 
Copyright Act, 17 U.S.C. 1201(a)(2), during the course of the 
Commission's investigation.

ADDRESSES: The complaint and motion for temporary relief, 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 TDD 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 document 
information system (EDIS) at http://edis.usitc.gov.

FOR FURTHER INFORMATION CONTACT: Karin J. Norton, Esq., Office of 
Unfair Import Investigations, U.S. International Trade Commission, 
telephone (202) 205-2606.

    Authority: The authority for institution of this investigation 
is contained in section 337 of the Tariff Act of 1930, as amended, 
and in Sec.  210.10 of the Commission's rules of practice and 
procedure, 19 CFR 210.10 (2003). The authority for provisional 
acceptance of the motion for temporary relief is contained in Sec.  
210.58, 19 CFR 210.58.

    Scope of Investigation: Having considered the complaint and the 
motion for temporary relief, the U.S. International Trade Commission, 
on August 20, 2003, ordered that--
    (1) Pursuant to subsection (b) of section 337 of the Tariff Act of 
1930, as amended, an investigation be instituted to determine:
    (a) whether there is a violation of subsection (a)(1)(A) 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 universal transmitters for garage door openers by reason of 
violation of section 1201(a)(2) of the Digital Millennium Copyright 
Act, 17 U.S.C. ] 1201(a)(2) the threat or effect of which is to destroy 
or substantially injure an industry in the United States; and
    (b) 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 universal transmitters for garage door openers by reason of 
infringement of claims 1-8 of U.S. Patent No. RE 35,364 or claims 5-62 
of U.S. Patent No. RE 37,986 and whether an industry in the United 
States exists as required by subsection (a)(2) of section 337.
    (2) Pursuant to Sec.  210.58 of the Commission's rules of practice 
and procedure, 19 CFR 210.58, the motion for temporary relief under 
subsection (e) of section 337 of the Tariff Act of 1930, which was 
filed with the complaint, is provisionally accepted and referred to the 
presiding administrative law judge for investigation.
    (3) 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, IL 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 
and motion for temporary relief are to be served:

Skylink Technologies, Inc., 2213 Dunwin Drive, Mississauga, Ontario, 
Canada L5L 1X1.
Capital Prospect, Ltd., Room 1316B, Veristrong Industrial Center, 36 Au 
Pui Wan Street, Fo Tan, New Territories, Hong Kong.
Philip Tsui, 2213 Dunwin Drive, Mississauga, Ontario, Canada L5L 1X1.

    (c) Karin J. Norton, Esq., Office of Unfair Import Investigations, 
U.S. International Trade Commission, 500 E Street, SW., Suite 401, 
Washington, DC 20436, who shall be the Commission investigative 
attorney, party to this investigation; and
    (4) For the investigation so instituted, the Honorable Charles E. 
Bullock is designated as the presiding administrative law judge.
    Responses to the complaint, the motion for temporary relief, and 
the notice of investigation must be submitted by the named respondents 
in accordance with Sec. Sec. 210.13 and 210.59 of the Commission's 
rules of practice and procedure, 19 CFR 210.13 and 210.59. Pursuant to 
19 CFR 201.16(d), 210.13(a), and 210.59, such responses will be 
considered by the Commission if received not later than 10 days after 
the date of service by the Commission of the complaint, the motion for 
temporary relief, and the notice of investigation. Extensions of time 
for submitting the responses to the complaint, motion for temporary 
relief, and the notice of investigation 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, in the motion for temporary relief, and in 
this notice may be deemed to constitute a waiver of the right to appear 
and contest the allegations of the complaint, the motion for temporary 
relief, and this notice, and to authorize the administrative law judge 
and the Commission, without further notice to the respondent, to find 
the facts to be as alleged in the complaint, the motion for temporary 
relief, 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 cease and desist order or both 
directed against such respondent.

    By order of the Commission.

    Issued: August 20, 2003.
Marilyn R. Abbott,
Secretary.
[FR Doc. 03-21758 Filed 8-25-03; 8:45 am]
BILLING CODE 7020-02-P