Justia Regulation Tracker

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[Federal Register: November 4, 2009 (Volume 74, Number 212)]
[Notices]               
[Page 57193-57194]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04no09-96]                         

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 INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-692]

 
Certain Ceramic Capacitors and Products Containing Same; Notice 
of Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Institution of investigation pursuant to 19 U.S.C. 1337.

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SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on October 1, 2009, under section 
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
Murata Manufacturing Co., Ltd. of Japan and Murata Electronics North 
America, Inc. A supplement to the complaint was filed on October 28, 
2009. The complaint alleges violations 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 ceramic 
capacitors and products containing same by reason of infringement of 
certain claims of U.S. Patent Nos. 6,266,229; 6,014,309; 6,377,439; and 
6,243,254. The complaint further alleges that an industry in the United 
States exists as required by subsection (a)(2) of section 337.
    The complainants request that the Commission institute an 
investigation and, after the investigation, issue an exclusion order 
and cease and desist orders.

ADDRESSES: The complaint, except for any confidential information 
contained therein, is 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., Room 112, 
Washington, DC 20436, telephone 202-205-2000. Hearing impaired 
individuals are advised that information on this matter can be obtained 
by contacting the Commission's TDD terminal on 202-205-1810. Persons 
with mobility impairments who will need special assistance in gaining 
access to the Commission should contact the Office of the Secretary at 
202-205-2000. General information concerning the Commission may also be 
obtained by accessing its internet server at http://

[[Page 57194]]

www.usitc.gov. The public record for this investigation may be viewed 
on the Commission's electronic docket (EDIS) at http://edis.usitc.gov.

FOR FURTHER INFORMATION CONTACT: Aarti Shah, Esq., Office of Unfair 
Import Investigations, U.S. International Trade Commission, telephone 
(202) 205-2657. Authority: The authority for institution of this 
investigation is contained in section 337 of the Tariff Act of 1930, as 
amended, and in section 210.10 of the Commission's Rules of Practice 
and Procedure, 19 CFR 210.10 (2009).
    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on October 28, 2009, Ordered That--
    (1) Pursuant to subsection (b) of section 337 of the Tariff Act of 
1930, as amended, an investigation be instituted to determine whether 
there is a violation of subsection (a)(1)(B) of section 337 in the 
importation into the United States, the sale for importation, or the 
sale within the United States after importation of certain ceramic 
capacitors or products containing same that infringe one or more of 
claims 1-4, 7-9, 11-14, 17-24, 28-31, 34-47, 51-53, 55, and 56 of U.S. 
Patent No. 6,266,229; claim 3 of U.S. Patent No. 6,014,309; claims 1-3, 
and 5 of U.S. Patent No. 6,377,439; and claims 1, 2, 9-14, 19, and 20 
of U.S. Patent No. 6,243,254, and whether an industry in the United 
States exists as required by subsection (a)(2) of section 337;
    (2) For the purpose of the investigation so instituted, the 
following are hereby named as parties upon which this notice of 
investigation shall be served:
    (a) The complainants are--

Murata Manufacturing Co., Ltd., 10-1 Higashikotari 1-chome, Nagaokakyo-
shi, Kyoto, Japan 617-8555.
Murata Electronics North America, Inc., 2200 Lake Park Drive, Smyrna, 
Georgia 30080.

    (b) The respondents are the following entities alleged to be in 
violation of section 337, and are the parties upon which the complaint 
is to be served:

Samsung Electro-Mechanics Co., Ltd., 314 Maetan-3-dong, Yeongtong-gu, 
Suwon City 443-743, Korea.
Samsung Electro-Mechanics America, Inc., 3345 Michelson Drive, Suite 
350, Irvine, CA 92612.

    (c) The Commission investigative attorney, party to this 
investigation, is Aarti Shah, Esq., Office of Unfair Import 
Investigations, U.S. International Trade Commission, 500 E Street, SW., 
Suite 401, Washington, DC 20436; and
    (3) For the investigation so instituted, the Honorable Paul J. 
Luckern, Chief Administrative Law Judge, U.S. International Trade 
Commission, shall designate the presiding Administrative Law Judge.
    Responses to the complaint and the notice of investigation must be 
submitted by the named respondents in accordance with section 210.13 of 
the Commission's Rules of Practice and Procedure, 19 CFR 210.13. 
Pursuant to 19 CFR 201.16(d) and 210.13(a), such responses will be 
considered by the Commission if received not later than 20 days after 
the date of service by the Commission of the complaint and the notice 
of investigation. Extensions of time for submitting responses to the 
complaint and the notice of investigation will not be granted unless 
good cause therefor is shown.
    Failure of a respondent to file a timely response to each 
allegation in the complaint and in this notice may be deemed to 
constitute a waiver of the right to appear and contest the allegations 
of the complaint and this notice, and to authorize the administrative 
law judge and the Commission, without further notice to the respondent, 
to find the facts to be as alleged in the complaint and this notice and 
to enter an initial determination and a final determination containing 
such findings, and may result in the issuance of an exclusion order or 
a cease and desist order or both directed against the respondent.

    By order of the Commission.

    Issued: October 29, 2009.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E9-26548 Filed 11-3-09; 8:45 am]

BILLING CODE 7020-02-P

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