Federal Register / Vol. 87, No. 65 / Tuesday, April 5, 2022 / Notices 19707 

1Handbook for Electronic Filing Procedures: 

https://www.usitc.gov/documents/handbook_on_

filing_procedures.pdf. 

2All contract personnel will sign appropriate 

nondisclosure agreements. 

3Electronic Document Information System 

(EDIS): https://edis.usitc.gov. 

Procedures 1). Please note the 

Secretary’s Office will accept only 

electronic filings during this time. 

Filings must be made through the 

Commission’s Electronic Document 

Information System (EDIS, https://

edis.usitc.gov.) No in-person paperbased filings or paper copies of any 

electronic filings will be accepted until 

further notice. Persons with questions 

regarding filing should contact the 

Secretary at EDIS3Help@usitc.gov. 

Any person desiring to submit a 

document to the Commission in 

confidence must request confidential 

treatment. All such requests should be 

directed to the Secretary to the 

Commission and must include a full 

statement of the reasons why the 

Commission should grant such 

treatment. See 19 CFR 201.6. Documents 

for which confidential treatment by the 

Commission is properly sought will be 

treated accordingly. 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,2 solely for cybersecurity 

purposes. All nonconfidential written 

submissions will be available for public 

inspection at the Office of the Secretary 

and on EDIS.3

This action is taken under the 

authority of section 337 of the Tariff Act 

of 1930, as amended (19 U.S.C. 1337), 

and of §§ 201.10 and 210.8(c) of the 

Commission’s Rules of Practice and 

Procedure (19 CFR 201.10, 210.8(c)). 

By order of the Commission. 

Issued: March 31, 2022. 

Lisa R. Barton, 

Secretary to the Commission. 

[FR Doc. 2022–07163 Filed 4–4–22; 8:45 am] 

BILLING CODE 7020–02–P 

INTERNATIONAL TRADE 

COMMISSION 

[Investigation No. 337–TA–1260] 

Certain Toner Supply Containers and 

Components Thereof (II); Commission 

Determination To Review in Part an 

Initial Determination Granting 

Complainants’ Motion for Summary 

Determination of Violations of Section 

337; Schedule for Filing Written 

Submissions on Remedy, the Public 

Interest, and Bonding 

AGENCY: U.S. International Trade 

Commission. 

ACTION: Notice. 

SUMMARY: Notice is hereby given that 

the Commission has determined to 

review in part an initial determination 

(‘‘ID’’) issued by the presiding chief 

administrative law judge (‘‘CALJ’’) 

granting summary determination of 

violations of section 337. The 

Commission requests briefing from the 

parties, interested government agencies, 

and interested persons on the issues of 

remedy, the public interest, and 

bonding. 

FOR FURTHER INFORMATION CONTACT: 

Richard P. Hadorn, Esq., Office of the 

General Counsel, U.S. International 

Trade Commission, 500 E Street SW, 

Washington, DC 20436, telephone (202) 

205–3179. 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: On April 

13, 2021, the Commission instituted this 

investigation based on a complaint filed 

by Canon Inc. of Tokyo, Japan; Canon 

U.S.A., Inc. of Melville, New York; and 

Canon Virginia, Inc. of Newport News, 

Virginia (collectively, ‘‘Canon’’). 86 FR 

19287–88 (Apr. 13, 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 on the 

importation into the United States, the 

sale for importation, and the sale within 

the United States after importation of 

certain toner supply containers and 

components thereof by reason of 

infringement of certain claims of 

thirteen patents: U.S. Patent Nos. 

10,209,667; 10,289,060; 10,289,061; 

10,295,957; 10,488,814; 10,496,032; 

10,496,033; 10,514,654; 10,520,881; 

10,520,882; 8,565,649 (‘‘the ’649 

patent’’); 9,354,551 (‘‘the ’551 patent’’); 

and 9,753,402 (‘‘the ’402 patent’’). Id. at 

19287. The complaint further alleges 

that a domestic industry (‘‘DI’’) exists. 

Id. 

The Commission instituted two 

separate investigations based on the 

complaint and defined the scope of the 

present investigation as whether there is 

a violation of section 337 based on the 

allegations of infringement as to the 

asserted claims of the ’649, ’551, and 

’402 patents (collectively, the ‘‘Asserted 

Patents’’) as to the accused products 

identified in the notice of investigation 

(‘‘NOI’’). Id. The NOI named eleven 

respondents: (1) Sichuan XingDian 

Technology Co., Ltd. (‘‘Sichuan 

XingDian’’) of Sichuan, China; (2) 

Sichuan Wiztoner Technology Co., Ltd. 

(‘‘Sichuan Wiztoner’’) of Sichuan, 

China; (3) 

Anhuiyatengshangmaoyouxiangongsi 

(‘‘Yatengshang’’) of Ganyuqu, China; (4) 

ChengDuXiangChangNanShi

YouSheBeiYouXianGongSi 

(‘‘ChengDuXiang’’) of SiChuanSheng, 

China; (5) Digital Marketing Corporation 

d/b/a Digital Buyer Marketing Company 

(‘‘Digital Buyer’’) of Los Angeles, 

California; (6) Do It Wiser, LLC d/b/a 

Image Toner of Wilmington, Delaware; 

(7) Hefeierlandianzishang

wuyouxiangongsi (‘‘Erlandianzishang’’) 

of Chengdushi, China; (8) MITOCOLOR 

INC. (‘‘TopInk’’) of Rowland Heights, 

California; (9) Xianshi yanliangqu 

canqiubaihuodianshanghang of 

Shanxisheng, China; (10) Zhuhai 

Henyun Image Co., Ltd. of Zhuhai, 

China (collectively, the ‘‘Defaulting 

Respondents’’); and (11) Shenzhenshi 

Keluodeng Kejiyouxiangognsi 

(‘‘KenoGen’’) of Guangdong, China. Id. 

The Office of Unfair Import 

Investigations (‘‘OUII’’) is also named as 

a party. Id. at 19287–88. The question of 

whether there is a violation of section 

337 based on the allegations of 

infringement as to the asserted claims of 

the remaining patents is the subject of 

the severed investigation based on the 

same complaint, Inv. No. 337–TA–1259. 

See 86 FR 19284–86 (Apr. 13, 2021). 

On May 27, 2021, the Commission 

granted Canon’s motion to amend the 

complaint and NOI to change the 

identification of Do It Wiser, LLC d/b/ 

a Image Toner to Do It Wiser, Inc. d/b/ 

a Image Toner (hereinafter, ‘‘Do It 

Wiser’’) and to make related changes in 

paragraph 31 of the complaint. Order 

No. 6 (May 17, 2021), unreviewed by 86 

FR 29806–07 (June 3, 2021). 


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19708 Federal Register / Vol. 87, No. 65 / Tuesday, April 5, 2022 / Notices 

On September 7, 2021, the 

Commission terminated the following 

asserted claims from the investigation 

based on Canon’s withdrawal of the 

complaint as to those claims: (i) Claim 

2 of the ’649 patent; (ii) claims 2, 3, 6, 

and 7 of the ’551 patent; and (iii) claims 

25–27, 39–41, and 46 of the ’402 patent. 

Order No. 10 (Aug. 12, 2021), 

unreviewed by Comm’n Notice (Sept. 7, 

2021). 

Also on September 7, 2021, the 

Commission terminated respondent 

KenoGen from the investigation based 

on Canon’s withdrawal of the complaint 

as to KenoGen. Order No. 12 (Aug. 13, 

2021), unreviewed by Comm’n Notice 

(Sept. 7, 2021). As a result, the ten 

Defaulting Respondents are the only 

respondents remaining in this 

investigation. 

On October 29, 2021, the Commission 

found the Defaulting Respondents in 

default for failing to respond to the 

complaint and NOI and failing to show 

cause why they should not be found in 

default. Order No. 15 (Sept. 29, 2021), 

unreviewed by Comm’n Notice (Oct. 29, 

2021). 

On October 1, 2021, Canon filed a 

motion seeking summary determination 

that the Defaulting Respondents have 

violated section 337 and requesting that 

the CALJ recommend that the 

Commission issue a general exclusion 

order (‘‘GEO’’), issue cease and desist 

orders (‘‘CDOs’’) against certain 

respondents, and set a 100 percent bond 

for any importations of infringing goods 

during the period of Presidential review. 

On October 25, 2021, OUII filed a 

response supporting Canon’s motion 

and requested remedial relief. No 

Defaulting Respondent filed a response 

to Canon’s motion. 

On February 11, 2022, the CALJ 

issued the subject ID granting Canon’s 

motion and finding violations of section 

337 by the Defaulting Respondents. 

Specifically, the ID finds that: (i) The 

Commission has subject matter, 

personal, and in rem jurisdiction in this 

investigation; (ii) Canon has standing to 

assert the Asserted Patents; (iii) Canon 

has satisfied the importation 

requirement as to all Defaulting 

Respondents; (iv) the accused products 

practice claims 1, 6, 7, 12, 25, and 26 

of the ’649 patent, claims 1, 4, and 5 of 

the ’551 patent, and claims 1, 15–18, 32, 

36, and 37 of the ’402 patent; (v) Canon 

has satisfied the technical prong of the 

DI requirement with respect to the 

Asserted Patents; (vi) Canon has 

satisfied the economic prong of the DI 

requirement with respect to the 

Asserted Patents; and (vii) no claim of 

the Asserted Patents has been shown 

invalid. The CALJ’s recommended 

determination on remedy and bonding 

recommended that the Commission: (i) 

Issue a GEO; (ii) issue CDOs against 

eight respondents (i.e., Digital Buyer, Do 

It Wiser, TopInk, Sichuan XingDian, 

Sichuan Wiztoner, Yatengshang, 

ChengDuXiang, and Erlandianzishang); 

and (iii) set a 100 percent bond for any 

importations of infringing products 

during the period of Presidential review. 

No party petitioned for review of the 

subject ID. 

The Commission did not receive any 

submissions on the public interest from 

the parties pursuant to Commission 

Rule 210.50(a)(4) (19 CFR 210.50(a)(4)). 

The Commission also did not receive 

any submissions on the public interest 

from members of the public in response 

to the Commission’s Federal Register 

notice. 87 FR 9379–80 (Feb. 18, 2022). 

Having reviewed the record in this 

investigation, including the subject ID, 

the Commission has determined to 

review the subject ID in part with 

respect to the ID’s analysis of the 

economic prong of the domestic 

industry requirement. The Commission 

has determined not to review the 

remainder of the ID. 

In connection with the final 

disposition of this investigation, the 

statute authorizes issuance of: (1) An 

exclusion order that could result in the 

exclusion of the subject articles from 

entry into the United States, and/or (2) 

cease and desist orders that could result 

in the respondents 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). 

The statute requires the Commission 

to consider the effects of any remedy 

upon the public interest. The public 

interest 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. 

If 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 

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 and 

prescribed by the Secretary of the 

Treasury. 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: The parties, 

interested government agencies, and any 

other interested parties are invited to 

file written submissions on the issues of 

remedy, the public interest, and 

bonding. Such submissions should 

include views on the recommended 

determination by the CALJ on remedy 

and bonding. 

In their initial written submissions, 

Canon and OUII are requested to submit 

proposed remedial orders for the 

Commission’s consideration. Canon is 

further requested to identify the dates 

the Asserted Patents expire, to provide 

the HTSUS subheadings under which 

the subject articles are imported, and to 

supply identification information for all 

known importers of the subject articles. 

Initial written submissions, including 

proposed remedial orders, must be filed 

no later than close of business on April 

13, 2022. Reply submissions must be 

filed no later than the close of business 

on April 20, 2022. No further 

submissions on any of these issues will 

be permitted unless otherwise ordered 

by the Commission. 

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 (Mar. 

19, 2020). Submissions should refer to 

the investigation number (Inv. No. 337– 

TA–1260) 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 


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Federal Register / Vol. 87, No. 65 / Tuesday, April 5, 2022 / Notices 19709 

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. Any non-party 

wishing to submit comments containing 

confidential information must serve 

those comments on the parties to the 

investigation pursuant to the applicable 

Administrative Protective Order. A 

redacted non-confidential version of the 

document must also be filed with the 

Commission and served on any parties 

to the investigation within two business 

days of 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 30, 

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 30, 2022. 

Lisa Barton, 

Secretary to the Commission. 

[FR Doc. 2022–07097 Filed 4–4–22; 8:45 am] 

BILLING CODE 7020–02–P 

INTERNATIONAL TRADE 

COMMISSION 

[Investigation No. 337–TA–1209 

(Modification)] 

Certain Movable Barrier Operator 

Systems and Components Thereof; 

Commission Determination To Amend 

the Notice of Investigation and 

Institute a Modification Proceeding; 

Issuance of a Modified Limited 

Exclusion Order and a Modified Cease 

and Desist Order; Termination of the 

Modification Proceeding 

AGENCY: U.S. International Trade 

Commission. 

ACTION: Notice. 

SUMMARY: Notice is hereby given that 

the U.S. International Trade 

Commission has determined to amend 

the notice of investigation to clarify that 

the scope of the investigation includes 

garage door openers, gate operators, and 

commercial operators. The Commission 

has also determined to institute a 

modification proceeding and modify the 

limited exclusion order (‘‘LEO’’) and the 

cease and desist order (‘‘CDO’’) 

(collectively, ‘‘the remedial orders’’) 

issued in this investigation to explicitly 

recite garage door openers, gate 

operators, and commercial operators in 

the definition of covered products or 

articles. The modification 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 

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: On August 

10, 2020, the Commission instituted this 

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, ‘‘Complainants’’). See 85 

FR 48264–65 (Aug. 10, 2020). The 

complaint, as supplemented, alleges 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 

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 states that 

the scope of the investigation is defined 

as ‘‘garage door systems and 

components thereof, remote controls, 

wireless transmitters, and software for 

operating the garage door systems.’’ See 

id. The notice of investigation names 

The Chamberlain Group, Inc. 

(‘‘Respondent’’) of Oak Brook, Illinois as 

the respondent in this investigation. See 

id. The Office of Unfair Import 

Investigations is not a party to the 

investigation. 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 September 14, 2021, the presiding 

Administrative Law Judge issued a final 

initial determination finding a violation 

of section 337 with respect to the ’345, 

’935, ’260, ’718, and ’895 patents. 

On February 9, 2022, the Commission 

issued a final determination finding a 

violation of section 337, based on 

Respondent’s infringement of the 

asserted claims of the ’935 patent, the 

’718 patent, and the ’895 patent, but not 

the ’345 and ’260 patents. See 87 FR 

8605–06 (Feb. 15, 2022). The 

Commission further determined, upon 

consideration of the public interest, to: 

(1) Issue an LEO against Respondent’s 

infringing products and a CDO against 

the Respondent; 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 February 28, 2022, Complainants 

filed an expedited motion to clarify, or 

in the alternative, a petition for a 

modification proceeding requesting the 

Commission to confirm that the 

remedial orders cover garage door 

openers, gate operators, and commercial 

operators. On March 10, 2022, 

Respondent filed a response in 

opposition to Complainants’ motion 

and/or petition. On March 17, 2022, 

Complainants filed a notice of 

supplemental facts in support of their 

motion and/or petition. On March 18, 

2022, Respondent filed a response to 


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