[Federal Register Volume 86, Number 236 (Monday, December 13, 2021)]
[Notices]
[Pages 70862-70863]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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 
https://edis.usitc.gov. For help accessing EDIS, please email 
[email protected]. General information concerning the Commission may 
also be obtained by accessing its internet server at https://www.usitc.gov. 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