[Federal Register Volume 88, Number 141 (Tuesday, July 25, 2023)]
[Notices]
[Pages 47901-47902]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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 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 
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