Federal Register / Vol. 87, No. 49 / Monday, March 14, 2022 / Notices 14287 

especially interested in public comment 

addressing the following: 

(1) Whether or not the collection of 

information is necessary for the proper 

performance of the functions of the agency, 

including whether or not the information 

will have practical utility; 

(2) The accuracy of our estimate of the 

burden for this collection of information, 

including the validity of the methodology 

and assumptions used; 

(3) Ways to enhance the quality, utility, 

and clarity of the information to be collected; 

and 

(4) How might the agency minimize the 

burden of the collection of information on 

those who are to respond, including through 

the use of appropriate automated, electronic, 

mechanical, or other technological collection 

techniques or other forms of information 

technology, e.g., permitting electronic 

submission of response. 

Comments that you submit in 

response to this notice are a matter of 

public record. Before including your 

address, phone number, email address, 

or other personal identifying 

information in your comment, you 

should be aware that your entire 

comment—including your personal 

identifying information—may be made 

publicly available at any time. While 

you can ask us in your comment to 

withhold your personal identifying 

information from public review, we 

cannot guarantee that we will be able to 

do so. 

Abstract: The collection of 

information will ensure that the 

provisions of IGRA, Federal law, and 

the trust obligations of the United States 

are met when Federally recognized 

Tribes submit an application under 25 

CFR part 292. The applications covered 

by this OMB Control No. are those 

seeking a secretarial determination that 

a gaming establishment on land 

acquired in trust after October 17, 1988, 

would be in the best interest of the 

Indian Tribe and its members, and 

would not be detrimental to the 

surrounding community. 

Title of Collection: Gaming on Trust 

Lands Acquired After October 17, 1988. 

OMB Control Number: 1076–0158. 

Form Number: None. 

Type of Review: Extension of a 

currently approved collection. 

Respondents/Affected Public: 

Federally recognized Indian Tribes. 

Total Estimated Number of Annual 

Respondents: 2. 

Total Estimated Number of Annual 

Responses: 2. 

Estimated Completion Time per 

Response: 1,000 hours. 

Total Estimated Number of Annual 

Burden Hours: 2,000 hours. 

Respondent’s Obligation: Required to 

obtain a benefit. 

Frequency of Collection: On occasion. 

Total Estimated Annual Nonhour 

Burden Cost: $0. 

An agency may not conduct or 

sponsor and a person is not required to 

respond to a collection of information 

unless it displays a currently valid OMB 

control number. 

The authority for this action is the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501 et seq). 

Steven Mullen, 

Information Collection Clearance Officer, 

Office of Regulatory Affairs and Collaborative 

Action—Indian Affairs. 

[FR Doc. 2022–05271 Filed 3–11–22; 8:45 am] 

BILLING CODE 4337–15–P 

INTERNATIONAL TRADE 

COMMISSION 

[Investigation No. 337–TA–1121 (Advisory 

Opinion Proceeding)] 

Certain Earpiece Devices and 

Components Thereof; Institution of an 

Advisory Opinion Proceeding 

AGENCY: U.S. International Trade 

Commission. 

ACTION: Notice. 

SUMMARY: Notice is hereby given that 

the U.S. International Trade 

Commission has determined to institute 

an advisory opinion proceeding as 

requested by Fantasia Trading, LLC 

(‘‘Fantasia’’). The Commission has also 

determined to set a target date of 180 

days from the date of institution for 

completion of this proceeding, and to 

refer this matter to the Chief 

Administrative Law Judge (‘‘CALJ’’) for 

assignment to an administrative law 

judge (‘‘ALJ’’) for appropriate 

proceedings and an initial advisory 

opinion (‘‘IAO’’). The IAO is to be 

issued at the earliest practicable time, 

preferably within 120 days from the 

date of institution, but no later than 7 

months after institution. 

FOR FURTHER INFORMATION CONTACT: 

Cathy Chen, Office of the General 

Counsel, U.S. International Trade 

Commission, 500 E Street SW, 

Washington, DC 20436, telephone 202– 

205–2392. 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 

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 on (202) 

205–1810. 

SUPPLEMENTARY INFORMATION: The 

Commission instituted this investigation 

on June 29, 2018, based on a complaint 

filed on behalf of Bose Corporation 

(‘‘Bose’’) of Framingham, Massachusetts. 

83 FR 30,776 (Jun. 29, 2018). The 

complaint alleged violations of section 

337 of the Tariff Act of 1930, as 

amended, 19 U.S.C. 1337 based upon 

the importation into the United States, 

the sale for importation, and the sale 

within the United States after 

importation of certain earpiece devices 

and components thereof by reason of 

infringement of one or more claims of 

U.S. Patent Nos. 9,036,852 (‘‘the ’852 

patent’’); 9,036,853 (‘‘the ’853 patent’’); 

9,042,590 (‘‘the ’590 patent’’); 8,249,287 

(‘‘the ’287 patent’’); 8,311,253 (‘‘the ’253 

patent’’); and 9,398,364 (‘‘the ’364 

patent’’). The notice of investigation 

named fourteen respondents. The Office 

of Unfair Import Investigations (‘‘OUII’’) 

was also named as a party in this 

investigation. 

On February 8, 2019, Bose moved for 

summary determination of a violation of 

section 337. On March 22, 2019, OUII 

filed a response supporting Bose’s 

motion in substantial part and 

supporting the requested remedy of a 

general exclusion order (‘‘GEO’’). 

On June 28, 2019, the presiding ALJ 

issued an initial determination (‘‘ID’’) 

(Order No. 16) granting in part Bose’s 

motion for summary determination of a 

violation of section 337 with respect to 

the ’852, ’853, ’590, ’287, and ’253 

patents by certain respondents who 

were in default or did not participate in 

the investigation. 

On August 14, 2019, the Commission 

reviewed inter alia the economic prong 

of the domestic industry requirement 

with respect to the ’364 patent and 

affirmed with modifications the ID’s 

finding of a violation of section 337 

with respect to the ’852, ’853, ’590, ’287, 

and ’253 patents. 84 FR 43159–161 

(Aug. 20, 2019). The Commission also 

requested additional briefing from the 

parties on the issue under review and 

invited the parties, interested 

government agencies, and any other 

interested parties to file written 

submissions on the issues of remedy, 

the public interest, and bonding. Id. at 

43160–161. 

On October 31, 2019, the Commission 

issued a GEO, a limited exclusion order, 

and cease and desist orders with respect 

to certain claims of the asserted patents 

other than the ’364 patent. 84 FR 59838– 

840 (Nov. 6, 2019). The GEO prohibits 

the unlicensed importation of certain 


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14288 Federal Register / Vol. 87, No. 49 / Monday, March 14, 2022 / Notices 

earpiece devices and components 

thereof that infringe claims 1 and 7 the 

’852 patent; claims 1 and 8 of the ’853 

patent; claims 1 and 6 of the ’590 patent; 

and claims 1, 7, and 8 of the ’287 patent. 

The Commission also imposed a bond 

in the amount of one hundred percent 

(100%) of the entered value of the 

imported articles during the period of 

Presidential review. The Commission 

remanded certain issues to the ALJ and 

thereafter the ’364 patent was 

withdrawn from the investigation and 

the investigation was terminated in its 

entirety. 84 FR 72382–383 (Dec. 31, 

2019). 

On February 4, 2022, Fantasia, the 

importer of record, filed the subject 

request for an advisory opinion that 

Anker’s Soundcore Liberty 2 Pro 

(‘‘A3909’’), Soundcore Liberty Neo 

(‘‘A3911’’), and Soundcore Life Dot 2 

(‘‘A3922’’) products (collectively, the 

‘‘Anker Earphones’’) do not infringe 

claims 1 and 7 of the ’852 patent; claims 

1 and 8 of the ’853 patent; claims 1 and 

6 of the ’590 patent; and claims 1, 7, and 

8 of the ’287 patent, and thus are not 

covered by the GEO issued in this 

investigation. 

Having reviewed Fantasia’s request in 

view of the record below, the 

Commission has determined to institute 

an advisory opinion proceeding under 

Commission Rule 210.79 to ascertain 

whether the Anker Earphones infringe 

claims 1 and 7 of the ’852 patent; claims 

1 and 8 of the ’853 patent; claims 1 and 

6 of the ’590 patent; and claims 1, 7, and 

8 of the ’287 patent, and are covered by 

the GEO issued in this investigation. 

The Commission has further determined 

to refer the matter to the CALJ for 

assignment to an ALJ for appropriate 

proceedings and to issue an IAO at the 

earliest practicable time, preferably 

within 120 days of institution, but no 

later than 7 months after institution. 

The ALJ shall set a target date at two 

months following the date of issuance of 

the IAO. The target date may be 

extended for good cause shown. The 

following entities are named as parties 

to the proceeding: (1) Bose; and (2) 

Fantasia. 

The Commission vote for this 

determination took place on March 8, 

2022. 

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: March 8, 2022. 

Lisa Barton, 

Secretary to the Commission. 

[FR Doc. 2022–05275 Filed 3–11–22; 8:45 am] 

BILLING CODE 7020–02–P 

INTERNATIONAL TRADE 

COMMISSION 

[Investigation No. 337–TA–1237] 

Certain Cloud-Connected Wood-Pellet 

Grills and Components Thereof; 

Commission Determination Not To 

Review a Final Initial Determination 

Finding a Violation of Section 337; 

Request for Written Submissions on 

Remedy, the Public Interest, and 

Bonding; and Extension of the Target 

Date for Completion 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 not to review a final initial 

determination (‘‘ID’’) of the presiding 

former chief administrative law judge 

(‘‘CALJ’’) finding a violation of section 

337 by the accused products of 

respondent GMG Products LLC 

(‘‘GMG’’). The Commission requests 

written submissions from the parties, 

interested government agencies, and 

other interested persons on the issues of 

remedy, the public interest, and 

bonding, under the schedule set forth 

below. The Commission has also 

determined to extend the target date for 

completion of the investigation to May 

12, 2022. 

FOR FURTHER INFORMATION CONTACT: 

Clint Gerdine, Esq., Office of the 

General Counsel, U.S. International 

Trade Commission, 500 E Street SW, 

Washington, DC 20436, telephone (202) 

708–2310. 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 

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 January 4, 2021, based on a 

complaint filed on behalf of Traeger 

Pellet Grills LLC (‘‘Traeger’’) of Salt 

Lake City, Utah. 86 FR 129–30 (Jan. 4, 

2021). The complaint, as supplemented, 

alleges violations of section 337 of the 

Tariff Act of 1930, as amended, 19 

U.S.C. 1337 (‘‘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 cloud-connected 

wood-pellet grills and components 

thereof by reason of infringement of 

certain claims of U.S. Patent Nos. 

10,218,833 (‘‘the ’833 patent’’) and 

10,158,720 (‘‘the ’720 patent’’). The 

Commission’s notice of investigation 

named GMG of Lakeside, Oregon as the 

sole respondent. The Office of Unfair 

Import Investigations is not 

participating in the investigation. 

The Commission previously found 

that Traeger has satisfied the economic 

prong of the domestic industry 

requirement with respect to the ’833 and 

’720 patents. See Order No. 26 (Aug. 10, 

2021), unreviewed by Comm’n Notice 

(Sept. 9, 2021). 

On September 3, 2021, the former 

CALJ issued an ID (Order No. 28) 

granting in part GMG’s motion for 

summary determination of noninfringement as to the ’833 patent and 

terminating that patent from the 

investigation. See Order No. 28 (Sept. 3, 

2021). On October 28, 2021, the 

Commission determined, on review, to 

affirm with modification the subject ID’s 

finding of non-infringement. See 

Comm’n Notice (Oct. 28, 2021). 

Accordingly, the ’833 patent was 

terminated from the investigation. 

On December 6, 2021, the former 

CALJ issued the final ID finding a 

violation of section 337 based on 

infringement (i.e., direct, contributory, 

and induced) of asserted claims 1 and 

2 of the ’720 patent. The ID further finds 

that: (1) Traeger has satisfied the 

technical prong of the domestic industry 

requirement; (2) GMG is estopped from 

challenging the validity of the ’720 

patent based on the prior art MAK and 

Fireboard systems; (3) the prior art MAK 

and Fireboard systems do not render the 

asserted claims of the ’720 patent 

invalid due to anticipation under 35 

U.S.C. 102(a) or obviousness under 35 

U.S.C. 103; and (4) the ’720 patent is not 

unenforceable due to inequitable 

conduct. The former CALJ 

recommended, should the Commission 

find a violation, the issuance of a 

limited exclusion order directed to 

GMG’s infringing products and a cease 

and desist order directed to GMG, and 

requiring a bond in the amount of 53.1 

percent of the entered value for 


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