Federal Register / Vol. 85, No. 237 / Wednesday, December 9, 2020 / Notices 79217 

1The record is defined in § 207.2(f) of the 

Commission’s Rules of Practice and Procedure (19 

CFR 207.2(f)). 

2 85 FR 73019 (November 16, 2020) and 85 FR 

73023 (November 16, 2020). 

Dated: December 2, 2020. 

Sherry A. Frear, 

Chief, National Register of Historic Places/ 

National Historic Landmarks Program. 

[FR Doc. 2020–27040 Filed 12–8–20; 8:45 am] 

BILLING CODE 4312–52–P 

INTERNATIONAL TRADE 

COMMISSION 

[Investigation Nos. 701–TA–660–661 and 

731–TA–1543–1545 (Preliminary)] 

Utility Scale Wind Towers From India, 

Malaysia, and Spain 

Determinations 

On the basis of the record 1 developed 

in the subject investigations, the United 

States International Trade Commission 

(‘‘Commission’’) determines, pursuant 

to the Tariff Act of 1930 (‘‘the Act’’), 

that there is a reasonable indication that 

an industry in the United States is 

materially injured by reason of imports 

of utility scale wind towers from India, 

Malaysia, and Spain, provided for in 

subheadings 7308.20.00 and 8502.31.00 

of the Harmonized Tariff Schedule of 

the United States, that are alleged to be 

sold in the United States at less than fair 

value (‘‘LTFV’’) and to be subsidized by 

the governments of India and Malaysia.2

Commencement of Final Phase 

Investigations 

Pursuant to § 207.18 of the 

Commission’s rules, the Commission 

also gives notice of the commencement 

of the final phase of its investigations. 

The Commission will issue a final phase 

notice of scheduling, which will be 

published in the Federal Register as 

provided in § 207.21 of the 

Commission’s rules, upon notice from 

the U.S. Department of Commerce 

(‘‘Commerce’’) of affirmative 

preliminary determinations in the 

investigations under §§ 703(b) or 733(b) 

of the Act, or, if the preliminary 

determinations are negative, upon 

notice of affirmative final 

determinations in those investigations 

under §§ 705(a) or 735(a) of the Act. 

Parties that filed entries of appearance 

in the preliminary phase of the 

investigations need not enter a separate 

appearance for the final phase of the 

investigations. Industrial users, and, if 

the merchandise under investigation is 

sold at the retail level, representative 

consumer organizations have the right 

to appear as parties in Commission 

antidumping and countervailing duty 

investigations. The Secretary will 

prepare a public service list containing 

the names and addresses of all persons, 

or their representatives, who are parties 

to the investigations. 

Background 

On September 30, 2020, the Wind 

Tower Trade Coalition (Arcosa Wind 

Towers Inc. (Dallas, Texas) and 

Broadwind Towers, Inc. (Manitowoc, 

Wisconsin)) filed petitions with the 

Commission and Commerce, alleging 

that an industry in the United States is 

materially injured or threatened with 

material injury by reason of subsidized 

imports of utility scale wind towers 

from India and Malaysia and LTFV 

imports of utility scale wind towers 

from India, Malaysia, and Spain. 

Accordingly, effective September 30, 

2020, the Commission instituted 

countervailing duty investigation Nos. 

701–TA–660–661 and antidumping 

duty investigation Nos. 731–TA–1543– 

1545 (Preliminary). 

Notice of the institution of the 

Commission’s investigations and of a 

public conference through video 

conferencing to be held in connection 

therewith was given by posting copies 

of the notice in the Office of the 

Secretary, U.S. International Trade 

Commission, Washington, DC, and by 

publishing the notice in the Federal 

Register of October 6, 2020 (85 FR 

63137). In light of the restrictions on 

access to the Commission building due 

to the COVID–19 pandemic, the 

Commission conducted its conference 

through written testimony and video 

conference on October 21, 2020. All 

persons who requested the opportunity 

were permitted to participate. 

The Commission made these 

determinations pursuant to §§ 703(a) 

and 733(a) of the Act (19 U.S.C. 

1671b(a) and 1673b(a)). It completed 

and filed its determinations in these 

investigations on December 4, 2020. The 

views of the Commission are contained 

in USITC Publication 5146 (December 

2020), entitled Utility Scale Wind 

Towers from India, Malaysia, and 

Spain: Investigation Nos. 701–TA–660– 

661 and 731–TA–1543–1545 

(Preliminary). 

By order of the Commission. 

Issued: December 4, 2020. 

Lisa Barton, 

Secretary to the Commission. 

[FR Doc. 2020–27043 Filed 12–8–20; 8:45 am] 

BILLING CODE 7020–02–P 

INTERNATIONAL TRADE 

COMMISSION 

[Investigation No. 337–TA–1118] 

Certain Movable Barrier Operator 

Systems and Components Thereof; 

Final Determination Finding a Violation 

of Section 337; Issuance of a Limited 

Exclusion Order and Cease and Desist 

Orders; Termination of the 

Investigation 

AGENCY: U.S. International Trade 

Commission. 

ACTION: Notice. 

SUMMARY: Notice is hereby given that 

the U.S. International Trade 

Commission (the ‘‘Commission’’) has 

determined to: (1) Find that respondents 

Nortek Security & Control, LLC of 

Carlsbad, California; Nortek, Inc. of 

Providence, Rhode Island; and GTO 

Access Systems, LLC of Tallahassee, 

Florida (collectively, ‘‘Nortek’’) have 

violated Section 337 by way of 

infringing claims 1 and 21 of U.S. Patent 

No. 7,755,223 (‘‘the ’223 patent’’); and 

(2) issue a limited exclusion order and 

cease and desist orders against each 

Nortek respondent, and set a bond in 

the amount of 100 percent of the entered 

value of the covered products during the 

period of Presidential review. The 

investigation 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 

EDIS3Help@usitc.gov. 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 


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79218 Federal Register / Vol. 85, No. 237 / Wednesday, December 9, 2020 / Notices 

purportedly infringe one or more of the 

asserted claims of the ’223 patent and 

U.S. Patent Nos. 8,587,404 (‘‘the ’404 

patent’’) and 6,741,052 (‘‘the ’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 June 5, 2019, the presiding 

administrative law judge (‘‘ALJ’’) issued 

a Markman order (Order No. 25) 

construing the claim terms in dispute. 

On December 12, 2018, CGI filed a 

motion for summary determination that 

it satisfied the economic prong of the 

domestic industry requirement. Nortek 

opposed the motion. On June 6, 2019, 

the ALJ issued a notice advising the 

parties that the motion would be 

granted and a formal written order 

would be issued later. Order No. 26 

(June 6, 2019). 

The ALJ held an evidentiary hearing 

on the issues in dispute on June 10–14, 

2019. 

On November 25, 2019, the ALJ 

issued Order No. 38, finding no issue of 

material fact that CGI’s investments in 

labor and capital relating to its domestic 

industry products were ‘‘significant’’ 

and that CGI has 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). Order No. 

38 also finds that genuine issues of 

material fact precluded entry of 

summary determination with respect to 

CGI’s investments in plant and 

equipment, under Section 337(a)(3)(A) 

(19 U.S.C. 1337(a)(3)(A)). Id. 

On the same date, 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, if valid, are not infringed and 

the asserted claim of the ’052 patent is 

invalid, even if infringed. The RD sets 

forth the ALJ’s recommendations on 

remedy and bond. 

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). The 

Commission directed the parties to brief 

questions on violation and requested 

briefing from the parties, the public, and 

any interested government entities on 

remedy, the public interest, and 

bonding. Id. at 10725. The parties 

submitted initial responses and replies 

in response to the notice. The 

Commission did not receive any 

comments from third parties in response 

to its notice. 

On April 22, 2020, the Commission 

issued a determination finding no 

violation with respect to the ’404 and 

’052 patents. Comm’n Notice at 3 (April 

22, 2020). The Commission also vacated 

Order No. 38 and remanded the 

economic prong issue to the presiding 

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 May 15, 2020, the ALJ issued 

Order No. 39, seeking additional 

information from the parties in light of 

the Commission’s Remand Order. Order 

No. 39 (May 15, 2020). On July 10, 2020, 

the ALJ issued the subject Remand 

Initial Determination (‘‘Remand ID’’), 

finding that CGI has made significant 

investments, both quantitatively and 

qualitatively, in plant and equipment 

and labor and capital, pursuant to 

Section 337(a)(3)(A) and (B) (19 U.S.C. 

1337(a)(3)(A), (B)), respectively. 

Remand ID (July 10, 2020). The Remand 

ID concludes that CGI has satisfied the 

economic prong of the domestic 

industry requirement in relation to the 

’223 patent, pursuant to Sections 

337(a)(3)(A) and (B). Id. 

On July 20, 2020, Nortek filed a 

petition for review of the Remand ID. 

CGI filed its opposition to Nortek’s 

petition for review on July 27, 2020. On 

September 9, 2020, the Commission 

determined to review the Remand ID 

and directed the parties to brief a 

number of questions with respect to the 

economic prong of the domestic 

industry requirement. 85 FR 57249–51 

(Sept. 15, 2020). The Commission also 

allowed the parties to update their prior 

submissions on remedy, the public 

interest, and bonding, if necessary, and 

invited interested government entities 

and other interested parties to file 

written submissions on those issues as 

well. Id. at 57251. 

The parties filed their initial 

responses to the Commission’s 

questions on September 23, 2020. The 

parties filed their respective replies on 

September 30, 2020. The Commission 

did not receive any comments from 

third parties in response to its notice. 

Having reviewed the Remand ID, the 

parties’ submissions, and the evidence 

of record, the Commission has 

determined to find that Nortek violated 

Section 337 with respect to the ’223 

patent. In particular, the Commission 

finds that Nortek infringed claims 1 and 

21 of the ’223 patent; CGI practiced at 

least claim 1 of the patent; and CGI 

satisfied the economic prong of the 

domestic industry requirement with 

respect to the ’223 patent under both 

Sections 337(a)(3)(A) and (B). The 

Commission has determined to issue a 

limited exclusion order and cease and 

desist orders against each Nortek 

respondent and to impose a bond in the 

amount of 100 percent of the entered 

value of the covered products during the 

period of Presidential review. The 

Commission has further determined that 

the statutory public interest factors do 

not preclude issuance of a remedy. The 

investigation is hereby terminated. 

The Commission voted to approve 

these determinations on December 3, 

2020. 

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 3, 2020. 

Lisa Barton, 

Secretary to the Commission. 

[FR Doc. 2020–27010 Filed 12–8–20; 8:45 am] 

BILLING CODE 7020–02–P 

DEPARTMENT OF JUSTICE 

Antitrust Division 

Notice Pursuant to The National 

Cooperative Research and Production 

Act of 1993—Electrified Vehicle and 

Energy Storage Evaluation 

Notice is hereby given that, on 

December 1, 2020, pursuant to Section 

6(a) of the National Cooperative 

Research and Production Act of 1993, 

15 U.S.C. 4301 et seq. (‘‘the Act’’), 

Electrified Vehicle and Energy Storage 

Evaluation (‘‘EVESE’’) has filed written 

notifications simultaneously with the 

Attorney General and the Federal Trade 

Commission disclosing changes in its 

membership. The notifications were 

filed for the purpose of extending the 

Act’s provisions limiting the recovery of 

antitrust plaintiffs to actual damages 

under specified circumstances. 


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