[Federal Register Volume 87, Number 49 (Monday, March 14, 2022)]
[Notices]
[Pages 14288-14289]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-05273]


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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.

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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 
<a href="/cdn-cgi/l/email-protection#fbbebfb2a8c8b39e978bbb8e88928f98d59c948d"><span class="__cf_email__" data-cfemail="084d4c415b3b406d6478487d7b617c6b266f677e">[email protected]</span></a>. 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 non-
infringement 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

[[Page 14289]]

importation of infringing articles during the period of Presidential 
review.
    On December 20, 2021, GMG petitioned for review of certain aspects 
of the final ID. Specifically, GMG petitioned for review of the ID's 
findings regarding claim construction, infringement, the technical 
prong of the domestic industry requirement, validity, and 
enforceability with respect to the '720 patent. On December 28, 2021, 
Traeger filed a response in opposition to GMG's petition for review.
    The Commission received no public interest comments from the public 
in response to the Commission's Federal Register notice seeking comment 
on the public interest. 86 FR 70860-61 (Dec. 13, 2021). Traeger and GMG 
did not submit any public interest comments pursuant to Commission Rule 
210.50(a)(4) (19 CFR 210.50(a)(4)).
    Having reviewed the record of the investigation, including the 
parties' briefing, the Commission has determined not to review the 
final ID's finding of a violation of section 337. The Commission has 
also determined to extend the target date for completion of the 
investigation to May 12, 2022.
    In connection with the final disposition of this investigation, the 
Commission may (1) issue an order that results in the exclusion of the 
subject articles from entry into the United States, and/or (2) issue a 
cease and desist order that could result in the respondent being 
required to cease and desist from engaging in unfair acts in the 
importation and sale of such articles. Accordingly, the Commission is 
interested in receiving written submissions that address the form of 
remedy, if any, that should be ordered. If a party seeks exclusion of 
an article from entry into the United States for purposes other than 
entry for consumption, the party should so indicate and provide 
information establishing that activities involving other types of entry 
either are adversely affecting it or likely to do so. For background, 
see Certain Devices for Connecting Computers via Telephone Lines, Inv. 
No. 337-TA-360, USITC Pub. No. 2843, Comm'n Op. at 7-10 (December 
1994).
    When the Commission contemplates some form of remedy, it must 
consider the effects of that remedy upon the public interest. The 
factors the Commission will consider include the effect that an 
exclusion order and/or cease and desist orders would have on (1) the 
public health and welfare, (2) competitive conditions in the U.S. 
economy, (3) U.S. production of articles that are like or directly 
competitive with those that are subject to investigation, and (4) U.S. 
consumers. The Commission is therefore interested in receiving written 
submissions that address the aforementioned public interest factors in 
the context of this investigation.
    When the Commission orders some form of remedy, the U.S. Trade 
Representative, as delegated by the President, has 60 days to approve, 
disapprove, or take no action on the Commission's determination. See 
section 337(j), 19 U.S.C. 1337(j) and the Presidential Memorandum of 
July 21, 2005. 70 FR 43251 (July 26, 2005). During this period, the 
subject articles would be entitled to enter the United States under 
bond, in an amount determined by the Commission. The Commission is 
therefore interested in receiving submissions concerning the amount of 
the bond that should be imposed if a remedy is ordered.
    Written Submissions: Parties to the investigation, interested 
government agencies, and any other interested parties are encouraged to 
file written submissions on the issues of remedy, bonding, and the 
public interest. Such submissions should address the recommended 
determination by the ALJ on remedy and bonding.
    In its initial submission, Complainant is also requested to 
identify the remedy sought and to submit proposed remedial orders for 
the Commission's consideration. Complainant is further requested to 
state the date that the asserted patent expires, to provide the HTSUS 
subheadings under which the accused products are imported, and to 
supply the identification information for all known importers of the 
products at issue in this investigation. The initial written 
submissions and proposed remedial orders must be filed no later than 
close of business on March 22, 2022. Reply submissions must be filed no 
later than the close of business on March 29, 2022. No further 
submissions on these issues will be permitted unless otherwise ordered 
by the Commission. Opening submissions are limited to 25 pages. Reply 
submissions are limited to 20 pages.
    Persons filing written submissions must file the original document 
electronically on or before the deadlines stated above. The 
Commission's paper filing requirements in 19 CFR 210.4(f) are currently 
waived. 85 FR 15798 (March 19, 2020). Submissions should refer to the 
investigation number (Inv. No. 337-TA-1237) in a prominent place on the 
cover page and/or the first page. (See Handbook for Electronic Filing 
Procedures, https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf). Persons with questions regarding 
filing should contact the Secretary, (202) 205-2000.
    Any person desiring to submit a document to the Commission in 
confidence must request confidential treatment by marking each document 
with a header indicating that the document contains confidential 
information. This marking will be deemed to satisfy the request 
procedure set forth in Rules 201.6(b) and 210.5(e)(2) (19 CFR 201.6(b) 
& 210.5(e)(2)). Documents for which confidential treatment by the 
Commission is properly sought will be treated accordingly. A redacted 
non-confidential version of the document must also be filed 
simultaneously with any confidential filing. All information, including 
confidential business information and documents for which confidential 
treatment is properly sought, submitted to the Commission for purposes 
of this investigation may be disclosed to and used: (i) By the 
Commission, its employees and Offices, and contract personnel (a) for 
developing or maintaining the records of this or a related proceeding, 
or (b) in internal investigations, audits, reviews, and evaluations 
relating to the programs, personnel, and operations of the Commission 
including under 5 U.S.C. Appendix 3; or (ii) by U.S. government 
employees and contract personnel, solely for cybersecurity purposes. 
All contract personnel will sign appropriate nondisclosure agreements. 
All nonconfidential written submissions will be available for public 
inspection on EDIS.
    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. 2022-05273 Filed 3-11-22; 8:45 am]
BILLING CODE 7020-02-P


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