83 FR 27020 - Certain Movable Barrier Operator Systems and Components Thereof; Institution of Investigation

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 83, Issue 112 (June 11, 2018)

Page Range		27020-27021
FR Document		2018-12470

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on May 4, 2018, under section 337 of the Tariff Act of 1930, as amended, on behalf of The Chamberlain Group, Inc. of Oak Brook, Illinois. A supplement to the complaint was filed on May 15, 2018. The complaint, as supplemented, alleges violations 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 infringement of certain claims of U.S. Patent Nos. 8,587,404 (``the '404 Patent''); 7,755,223 (``the '223 Patent''); and 6,741,052 (``the '052 Patent''). The complaint further alleges that an industry in the United States exists as required by the applicable Federal Statute. The complainant requests that the Commission institute an investigation and, after the investigation, issue a limited exclusion order and cease and desist orders.

Federal Register, Volume 83 Issue 112 (Monday, June 11, 2018)

[Federal Register Volume 83, Number 112 (Monday, June 11, 2018)]
[Notices]
[Pages 27020-27021]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-12470]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1118]


Certain Movable Barrier Operator Systems and Components Thereof; 
Institution of Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on May 4, 2018, under section 337 
of the Tariff Act of 1930, as amended, on behalf of The Chamberlain 
Group, Inc. of Oak Brook, Illinois. A supplement to the complaint was 
filed on May 15, 2018. The complaint, as supplemented, alleges 
violations 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 infringement of certain claims of U.S. 
Patent Nos. 8,587,404 (``the '404 Patent''); 7,755,223 (``the '223 
Patent''); and 6,741,052 (``the '052 Patent''). The complaint further 
alleges that an industry in the United States exists as required by the 
applicable Federal Statute.
    The complainant requests that the Commission institute an 
investigation and, after the investigation, issue a limited exclusion 
order and cease and desist orders.

ADDRESSES: The complaint, except for any confidential information 
contained therein, is 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 https://www.usitc.gov. The 
public record for this investigation may be viewed on the Commission's 
electronic docket (EDIS) at https://edis.usitc.gov.

FOR FURTHER INFORMATION CONTACT: Katherine Hiner, Office of the 
Secretary, Docket Services Division, U.S. International Trade 
Commission, telephone (202) 205-1802.

SUPPLEMENTARY INFORMATION:
    Authority: The authority for institution of this investigation is 
contained in section 337 of the Tariff Act of 1930, as amended, 19 
U.S.C. 1337 and in section 210.10 of the Commission's Rules of Practice 
and Procedure, 19 CFR 210.10 (2018).
    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on June 5, 2018, Ordered that--
    (1) Pursuant to subsection (b) of section 337 of the Tariff Act of 
1930, as

[[Page 27021]]

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 products identified in paragraph 
(2) by reason of infringement of one or more of claims 7, 11, and 16-18 
of the '404 patent; claims 1, 2, 9, 13, 14, and 18-22 of the '223 
patent; and claims l, 9-15, 22, and 27 of the '052 patent, and whether 
an industry in the United States exists as required by subsection 
(a)(2) of section 337;
    (2) Pursuant to section 210.10(b)(1) of the Commission's Rules of 
Practice and Procedure, 19 CFR 210.10(b)(1), the plain language 
description of the accused products or category of accused products, 
which defines the scope of the investigation, is ``certain garage door 
operators and gate operators and components thereof'';
    (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., 300 Windsor Drive, Oak Brook, IL 60523.
    (b) The respondents are the following entities alleged to be in 
violation of section 337, and are the parties upon which the complaint 
is to be served:

Nortek Security & Control, LLC f/k/a Linear, LLC, 1950 Camino Vida 
Roble, Carlsbad, CA 92008.
Nortek, Inc., 500 Exchange Street, Providence, RI 02903.
GTO Access Systems, LLC f/k/a Gates That Open, LLC, 3121 Hartsfield 
Road, Tallahassee, FL 32303.
    (4) For the investigation so instituted, the Chief Administrative 
Law Judge, U.S. International Trade Commission, shall designate the 
presiding Administrative Law Judge.
    The Office of Unfair Import Investigations will not participate as 
a party in this investigation.
    Responses to the complaint and the notice of investigation must be 
submitted by the named respondents 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(e) and 210.13(a), such responses will be 
considered by the Commission if received not 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 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 and in this notice may be deemed to 
constitute a waiver of the right to appear and contest the allegations 
of the complaint 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 and this notice and 
to enter an initial determination and a final determination containing 
such findings, and may result in the issuance of an exclusion order or 
a cease and desist order or both directed against the respondent.

    By order of the Commission.
    Issued: June 6, 2018.
Lisa Barton.
Secretary to the Commission.
[FR Doc. 2018-12470 Filed 6-8-18; 8:45 am]
 BILLING CODE 7020-02-P

27020 Federal Register / Vol. 83, No. 112 / Monday, June 11, 2018 / Notices

0010]. These royalty reports result in collecting this information would limit 4, 2018, under section 337 of the Tariff
accounts receivables and capture the the Secretary’s ability to discharge the Act of 1930, as amended, on behalf of
vast majority of the mineral revenue duties of the office, could result in a The Chamberlain Group, Inc. of Oak
collected by ONRR. violation of the Chief Financial Officers Brook, Illinois. A supplement to the
The basis for the data that companies Act of 1990, and may also result in the complaint was filed on May 15, 2018.
submit on forms ONRR–2014 and inability to confirm the accuracy of The complaint, as supplemented,
ONRR–4430 is generally available ONRR’s accounts receivables which are alleges violations of section 337 based
within the records of the lessee or others based on the accurate reporting of forms upon the importation into the United
involved in developing, transporting, ONRR–2014 and ONRR–4430. ONRR States, the sale for importation, and the
processing, purchasing, or selling such protects the proprietary information sale within the United States after
minerals. The information that we received and does not collect items of a importation of certain movable barrier
collect under the ICR includes data sensitive nature. operator systems and components
necessary to ensure that ONRR’s Title of Collections: Accounts thereof by reason of infringement of
accounts receivables are accurately Receivable Confirmations. certain claims of U.S. Patent Nos.
based on the value of the mineral OMB Control Number: 1012–0001. 8,587,404 (‘‘the ’404 Patent’’); 7,755,223
production, as reported to ONRR on Form(s) Number: None. (‘‘the ’223 Patent’’); and 6,741,052 (‘‘the
forms ONRR–2014 and ONRR–4430. Type of Review: Extension of a ’052 Patent’’). The complaint further
Information Collections currently approved collection. alleges that an industry in the United
Respondent/Affected Public: States exists as required by the
Every year, the Chief Financial Officer Businesses. applicable Federal Statute.
(CFO) under Chief Financial Officers Total Estimated Number of Annual The complainant requests that the
Act of 1990, the Office of Inspector Respondents: 24 randomly-selected Commission institute an investigation
General, or its agent (agent), audits the mineral payors from Federal and Indian and, after the investigation, issue a
accounts receivable portions of the lands and the OCS. limited exclusion order and cease and
Department’s financial statements, Total Estimated Number of Annual desist orders.
which are based on ONRR forms ONRR– Responses: 24. ADDRESSES: The complaint, except for
2014 and ONRR–4430. Accounts Estimated Completion Time per
receivable confirmations are a common any confidential information contained
Response: We estimate that each therein, is available for inspection
practice in the audit business. Due to a response will take 15 minutes for payors
continuous increase in scrutiny of during official business hours (8:45 a.m.
to complete. to 5:15 p.m.) in the Office of the
financial audits, a third-party Total Estimated Number of Annual
confirmation of the validity of ONRR’s Secretary, U.S. International Trade
Burden Hours: 6 hours. Commission, 500 E Street SW, Room
financial records is necessary. Respondent’s Obligation: Voluntary.
As part of the CFO audit, the agent 112, Washington, DC 20436, telephone
Frequency of Collection: Annual. (202) 205–2000. Hearing impaired
selects a sample of accounts receivable Total Estimated Annual Nonhour
items based on forms ONRR–2014 and individuals are advised that information
Burden Cost: We have identified no on this matter can be obtained by
ONRR–4430, and provides the sample ‘‘non-hour cost’’ burden associated with
items to ONRR. ONRR then identifies contacting the Commission’s TDD
this collection of information. terminal on (202) 205–1810. Persons
the company names and addresses for An agency may not conduct or
the sample items selected and creates with mobility impairments who will
sponsor and a person is not required to need special assistance in gaining access
accounts receivable confirmation letters. respond to a collection of information
In order to meet the CFO requirements, to the Commission should contact the
unless it displays a currently valid OMB Office of the Secretary at (202) 205–
the letters must be on ONRR letterhead control number.
and the Deputy Director for ONRR, or 2000. General information concerning
The authority for this action is the the Commission may also be obtained
his or her designee, must sign the Paperwork Reduction Act of 1995 (44
letters. The letter requests third-party by accessing its internet server at
U.S.C. 3501 et seq). https://www.usitc.gov. The public
confirmation responses by a specified
date on whether or not ONRR’s accounts Gregory J. Gould, record for this investigation may be
receivable records agree with royalty Director for Office of Natural Resources viewed on the Commission’s electronic
payor records for the following items: Revenue. docket (EDIS) at https://edis.usitc.gov.
(1) Customer identification; (2) royalty [FR Doc. 2018–12419 Filed 6–8–18; 8:45 am] FOR FURTHER INFORMATION CONTACT:
invoice number; (3) payor assigned BILLING CODE 4335–30–P Katherine Hiner, Office of the Secretary,
document number; (4) date of ONRR Docket Services Division, U.S.
receipt; (5) original amount the payor International Trade Commission,
reported; and (6) remaining balance due INTERNATIONAL TRADE telephone (202) 205–1802.
to ONRR. The agent mails the letters to COMMISSION SUPPLEMENTARY INFORMATION:
the payors, instructing them to respond Authority: The authority for
[Investigation No. 337–TA–1118] institution of this investigation is
directly to the agent to confirm the
accuracy and validity of selected royalty Certain Movable Barrier Operator contained in section 337 of the Tariff
receivable items and amounts. In turn, Systems and Components Thereof; Act of 1930, as amended, 19 U.S.C. 1337
it is the responsibility of the payors to Institution of Investigation and in section 210.10 of the
verify, research, and analyze the Commission’s Rules of Practice and
daltland on DSKBBV9HB2PROD with NOTICES

amounts and balances reported on their AGENCY: U.S. International Trade Procedure, 19 CFR 210.10 (2018).
respective forms ONRR–2014 and Commission. Scope of Investigation: Having
ONRR–4430. ACTION: Notice. considered the complaint, the U.S.
International Trade Commission, on
OMB Approval SUMMARY: Notice is hereby given that a June 5, 2018, Ordered that—
We will request OMB approval to complaint was filed with the U.S. (1) Pursuant to subsection (b) of
continue to collect this information. Not International Trade Commission on May section 337 of the Tariff Act of 1930, as

VerDate Sep<11>2014 19:19 Jun 08, 2018 Jkt 244001 PO 00000 Frm 00076 Fmt 4703 Sfmt 4703 E:\FR\FM\11JNN1.SGM 11JNN1

Document Created: 2018-11-02 11:59:24
Document Modified: 2018-11-02 11:59:24

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice.
Contact		Katherine Hiner, Office of the Secretary, Docket Services Division, U.S. International Trade Commission, telephone (202) 205-1802.
FR Citation		83 FR 27020