`up;
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`
`Reynolds Presto Products, Inc. on July
`22, 2019. The complaint alleges
`violations of section 337 of the Tariff
`Act of 1930 (19 U.S.C. 1337) in the
`importation into the United States, the
`sale for importation, and the sale within
`the United States after importation of
`certain child resistant closures with
`
`slider devices having a user actuated
`insertable torpedo for selectively
`opening the closures and slider devices
`therefor. The complaint names as
`respondents: Dalian Takebishi Packing
`Industry Co., Ltd. of China; Dalian
`Altma Industry Co., Ltd. of China; Japan
`Takebishi Co., Ltd. of Japan; Takebishi
`Co., Ltd. of Japan; Shanghai Takebishi
`Packing Material Co., Ltd. of China; and
`Qingdao Takebishi Packing Industry
`Co., Ltd of China. The complainant
`requests that the Commission issue a
`general exclusion order or, in the
`alternative issue a limited exclusion
`order, a cease and desist order and
`impose a bond upon respondents’
`alleged infringing articles during the 60-
`day Presidential review period pursuant
`to 19 U.S.C. 1337(j).
`Proposed respondents, other
`interested parties, and members of the
`public are invited to file comments on
`any public interest issues raised by the
`complaint or § 210.8(b) filing.
`Comments should address whether
`
`issuance of the relief specifically
`requested by the complainant in this
`investigation would affect the public
`health and welfare in the United States,
`competitive conditions in the United
`States economy, the production of like
`or directly competitive articles in the
`United States, or United States
`consumers.
`
`In particular, the Commission is
`interested in comments that:
`
`(i) Explain how the articles
`potentially subject to the requested
`remedial orders are used in the United
`States;
`
`(ii) identify any public health, safety,
`or welfare concerns in the United States
`
`relating to the requested remedial
`orders;
`
`(iii) identify like or directly
`competitive articles that complainant,
`its licensees, or third parties make in the
`United States which could replace the
`subject articles if they were to be
`excluded;
`
`(iv) indicate whether complainant,
`complainant’s licensees, and/ or third
`party suppliers have the capacity to
`replace the volume of articles
`potentially subject to the requested
`exclusion order and/or a cease and
`
`desist order within a commercially
`reasonable time; and
`
`(v) explain how the requested
`remedial orders would impact United
`States consumers.
`
`Written submissions on the public
`interest must be filed no later than by
`close of business, eight calendar days
`after the date of publication of this
`notice in the Federal Register. There
`will be further opportunities for
`comment on the public interest after the
`issuance of any final initial
`determination in this investigation. Any
`written submissions on other issues
`
`must also be filed by no later than the
`close of business, eight calendar days
`after publication of this notice in the
`Federal Register. Complainant may file
`replies to any written submissions no
`later than three calendar days after the
`date on which any initial submissions
`were due. Any submissions and replies
`filed in response to this Notice are
`limited to five (5) pages in length,
`inclusive of attachments.
`Persons filing written submissions
`must file the original document
`electronically on or before the deadlines
`stated above and submit 8 true paper
`copies to the Office of the Secretary by
`noon the next day pursuant to § 210.4(f)
`of the Commission’s Rules of Practice
`and Procedure (19 CFR 210.4(f)).
`Submissions should refer to the docket
`number (“Docket No. 3399”) in a
`prominent place on the cover page and/
`or the first page. (See Handbook for
`Electronic Filing Procedures, Electronic
`Filing Procedures).1 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. 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
`
`1 Handbook for Electronic Filing Procedures:
`https://Www.usitc.gov/documents/hana’bookioni
`filingjrocedurespdf.
`
`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: July 23, 2019.
`William Bishop,
`Supervisory Hearings and Information
`Officer.
`[FR Doc. 2019—15888 Filed 7—25—19; 8:45 am]
`BILLING CODE 7ozo—oz-P
`
`
`INTERNATIONAL TRADE
`COMMISSION
`
`[Investigation No. 37—TA—1 016 (Modification
`Proceeding)]
`
`Certain Access Control Systems and
`Components Thereof; Notice of the
`Commission’s Final Determination in a
`Modification Proceeding; 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 (“Commission”) has
`determined to modify the remedial
`orders issued in the underlying
`investigation to exempt Respondents’
`redesigned wireless garage door opener
`products as non-infringing. The above-
`captioned modification proceeding 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 are or will be 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, Washington, DC 20436,
`telephone (202) 205—2000. General
`information concerning the Commission
`may also be obtained by accessing its
`
`'1 AII contract personnel wiII Sign appropriate
`nondisclosure agreements.
`3 Electronic Document Information System
`(EDIS): https://ed1's.usjtc.gov.3
`
`

`

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`
`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. 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 the underlying
`investigation on August 9, 2016, based
`on a complaint filed by The
`Chamberlain Group, Inc.
`(“Chamberlain”) of Elmhurst, Illinois.
`81 FR 52713 (Aug. 9, 2016). The
`complaint alleged a violation of 19
`U.S.C. 1337, as amended (“Section
`337”), in the importation, sale for
`importation, or sale in United States
`after importation of certain access
`control systems and components thereof
`that allegedly infringe one or more
`claims of US. Patent Nos. 7,161,319
`(“the ‘319 patent”), 7,339,336 (“the ‘336
`patent”), and 7,196,611 (“the ‘611
`patent”). The ‘611 patent was
`subsequently withdrawn and terminated
`from the investigation. Order No. 28
`(May 3, 2017), not reV’d, Comm’n Notice
`(May 31, 2017).
`The notice of investigation named
`Techtronic Industries Co., Techtronic
`Industries North America, Inc., One
`World Technologies, Inc., and OWT
`Industries, Inc., and ET Technology
`(Wuxi) C0. (collectively “Techtronic”)
`among the respondents. 81 FR 52713.
`Ryobi Technologies, Inc. was initially
`named as a respondent but was later
`terminated. Order No. 6 (Oct. 17, 2016),
`not reV’d, Comm’n Notice (Nov. 7,
`2016). The Office of Unfair Import
`Investigations (“OUII”) was not named
`as a party to the investigation. 81 FR
`52713.
`On October 23, 2017, the then-
`presiding administrative law judge
`(“ALI”) issued a final initial
`determination (“ID”) in the underlying
`investigation, finding that Techtronic
`violated Section 337 by importing and
`selling garage door openers that infringe
`asserted claims 1—4, 7—12, 15, and 16 of
`the ‘319 patent. ID at 294. The ID found
`no infringement and hence no violation
`with respect to the ‘336 patent. Id. The
`ID found none of the claims invalid as
`obvious, but found claim 34 of the ‘336
`patent invalid under 35 U.S.C. 101
`(“Section 101”).
`The Commission did not review, and
`thereby adopted, the IDS findings on
`infringement but determined to review
`the ALJ’s findings on invalidity. 82 FR
`61792 (Dec. 29, 2017). The Commission
`ultimately affirmed the ID’s finding that
`none of the claims is invalid as obvious
`
`and took no position on invalidity
`under Section 101. Comm’n Op. at 34—
`38 (Mar. 23, 2018). The Commission
`found a violation of Section 337 by
`reason of infringement of the ‘319 patent
`but not the ‘336 patent, and issued a
`limited exclusion order and cease and
`
`desist orders against Techtronic. 83 FR
`13517 (Mar. 29, 2018). Chamberlain and
`Techtronic have cross-appealed the
`Commission’s final determination to the
`
`US. Court of Appeals for the Federal
`Circuit. The Chamberlain Group, Inc. v.
`International Trade Comm ’n, Appeal
`Nos. 18—2002, 18—2191 (consolidated).
`On August 2, 2018, Techtronic filed a
`petition to institute a modification
`proceeding, pursuant to 19 U.S.C.
`1337(k), to determine whether its
`redesigned wireless garage door openers
`infringe the ‘319 patent and are covered
`by the remedial orders issued in the
`underlying investigation. Chamberlain
`filed its opposition to the petition on
`August 13, 2018.
`On September 4, 2018, the
`Commission issued a notice of its
`determination to institute the
`
`modification proceeding. 83 FR 45676
`(Sept. 10, 2018). OUII was not named as
`a party to the modification proceeding.
`Id.
`
`After a period for fact and expert
`discovery, motions, and pre-hearing
`briefing, the chief administrative law
`judge (“CALJ”) held an evidentiary
`hearing on December 12, 2018, on the
`issues raised by the parties. The parties
`filed their post-hearing briefs on
`December 21, 2018, and their reply
`briefs on January 30, 2019. In view of
`the partial shutdown of the federal
`government in January 2019, the CALJ
`issued an ID to revise the procedural
`schedule and extend the deadline for
`issuance of the RD from March 11, 2019,
`to April 22, 2019. Order No.48 (Jan. 31,
`2019). The Commission subsequently
`extended the target date for completion
`of this modification proceeding to July
`22, 2019. Comm’n Notice (Mar. 4, 2019).
`On April 22, 2019, the CALJ issued
`his RD, finding that Techtronic’s
`redesigned garage door openers do not
`infringe the ‘319 patent and
`recommending that the remedial orders
`be modified to exempt Techtronic’s
`non-infringing products. On May 3,
`2019, Chamberlain filed comments on
`the RD asking the Commission to review
`and reverse the subject RD. Techtronic
`did not file a reply to Chamberlain’s
`comments.
`
`On June 7, 2019, the Commission
`determined to review the subject RD
`and asked the parties to submit
`additional briefing. Comm’n Notice at
`2—3 (June 7, 2019). The parties filed
`
`their initial responses on June 20, 2019,
`and their reply briefs on June 27, 2019.
`Having considered the parties’
`submissions, the RD, and the evidence
`of record, the Commission has
`determined that Techtronic’s redesigned
`wireless products do not infringe the
`‘319 patent and thus are not covered by
`the remedial orders issued in the
`
`underlying investigation. The
`Commission has further determined to
`
`modify the limited exclusion order and
`cease and desist orders issued in that
`
`investigation to exempt Techtronic’s
`non-infringing products. A separate
`modification order will be issued
`herewith.
`
`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: July 22, 2019.
`William Bishop,
`Supervisory Hearings and Information
`Ofi‘icer.
`[FR Doc. 2019—15877 Filed 7—25—19; 8:45 am]
`BILLING CODE 7020—02—P
`
`
`DEPARTMENT OF JUSTICE
`
`Notice of Lodging of Proposed
`Consent Decree and Release of Draft
`Restoration Plan Under The
`Comprehensive Environmental
`Response, Compensation, and Liability
`Act
`
`On July 18, 2019, the Department of
`Justice lodged a proposed consent
`decree with the United States District
`Court for the Middle District of North
`Carolina in the lawsuit entitled United
`
`States, the State of North Carolina, and
`the Commonwealth of Virginia v. Duke
`Energy Carolinas, LLC, Civil Action No.
`1:19—CV—00707.
`The settlement resolves civil claims
`
`by the United States, the State of North
`Carolina, and the Commonwealth of
`Virginia (collectively the “Trustees”)
`against Duke Energy Carolinas, LLC
`(“Duke Energy”) under the
`Comprehensive Environmental
`Response, Compensation, and Liability
`Act (“CERCLA”) for injury to,
`impairment of, destruction of, and loss
`of use of natural resources in the Dan
`
`River in North Carolina and Virginia as
`a result of a coal ash spill from Duke
`Energy’s Dan River Steam Station near
`Eden, Rockingham County, North
`Carolina on February 2, 2014 (the
`“Release). Under the proposed Consent
`
`