In the Matter of Certain Display Controllers and Products Containing Same and Certain Display Controllers With Upscaling Functionality and Products Containing Same; Notice of Institution of Formal Enforcement Proceeding, 37096-37097 [06-5810]
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Federal Register / Vol. 71, No. 125 / Thursday, June 29, 2006 / Notices
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FOR FURTHER INFORMATION CONTACT:
Timothy P. Monaghan, Esq., Office of
the General Counsel, U.S. International
Trade Commission, 500 E Street, SW.,
Washington, DC 20436, telephone 202–
205–3152. Copies of the nonconfidential
version of the ID and all nonconfidential
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. Hearingimpaired persons are advised that
information on this matter can be
obtained by contacting the
Commission’s TDD terminal on 202–
205–1810. General information
concerning the Commission may also be
obtained by accessing its Internet server
(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.
SUPPLEMENTARY INFORMATION: On
February 13, 2006, the Commission
instituted an investigation under section
337 of the Tariff Act of 1930, 19 U.S.C.
1337, based on a complaint filed by
Solomon Technologies, Inc., of Tarpon
Springs, Florida (‘‘Solomon’’), alleging a
violation of section 337 in the
importation, sale for importation, and
sale within the United States after
importation of certain combination
motor and transmission systems and
devices used therein, and products
containing same by reason of
infringement of claims 1–5, 7, 8, 10, and
12 of U.S. Patent No. 5,067,932. 71 FR
7574. The notice of investigation named
Toyota Motor Corporation, of Japan;
Toyota Motor Manufacturing North
America, Inc., of Erlanger, Kentucky;
and Toyota Motor Sales, U.S.A., Inc., of
Torrance, California as respondents.
On May 23, 2006, complainant
Solomon moved for leave to amend the
complaint and notice of investigation
pursuant to Commission rule 210.14(b)
to substitute respondent Toyota Motor
Manufacturing North America, Inc. with
Toyota Motor Engineering &
Manufacturing North America, Inc. and
Toyota Motor Manufacturing Kentucky,
Inc. Respondents and the Commission
investigative attorney did not oppose
the motion.
On May 26, 2006, the ALJ issued an
ID (Order No. 7) granting complainant’s
unopposed motion to amend the
complaint and notice of investigation.
No petitions for review of Order No. 7
were filed.
The authority for the Commission’s
action is contained in section 337 of the
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17:03 Jun 28, 2006
Jkt 208001
Tariff Act of 1930, as amended (19
U.S.C. 1337) and in section 210.42 of
the Commission’s Rules of Practice and
Procedure (19 CFR 210.42).
Issued: June 26, 2006.
By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 06–5812 Filed 6–28–06; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Inv. No. 337–TA–491; Inv. No. 337–TA–481
(consolidated); Enforcement Proceeding]
In the Matter of Certain Display
Controllers and Products Containing
Same and Certain Display Controllers
With Upscaling Functionality and
Products Containing Same; Notice of
Institution of Formal Enforcement
Proceeding
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
SUMMARY: Notice is hereby given that
the U.S. International Trade
Commission has instituted a formal
enforcement proceeding relating to a
limited exclusion order issued at the
conclusion of the above-captioned
investigation.
FOR FURTHER INFORMATION CONTACT:
Michael Liberman, Esq., Office of the
General Counsel, U.S. International
Trade Commission, 500 E Street, SW.,
Washington, DC 20436, telephone (202)
205–3061. Copies of all nonconfidential
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
Internet server (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
the matter can be obtained by contacting
the Commission’s TDD terminal on 202–
205–1810.
SUPPLEMENTARY INFORMATION: The
Commission instituted Inv. No. 337–
TA–481, Certain Display Controllers
with Upscaling Functionality and
Products Containing Same (‘‘Display
Controllers I‘‘ or ‘‘481 investigation’’) on
October 18, 2002, based on a complaint
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filed by Genesis Microchip (Delaware)
Inc. (‘‘Genesis’’) of Alviso, California
naming Media Reality Technologies,
Inc. of Sunnyvale, California (‘‘MRT’’);
Trumpion Microelectronics, Inc.
(‘‘Trumpion’’) of Taipei City, Taiwan;
and SmartASIC, Inc. of San Jose,
California (‘‘SmartASIC’’) as
respondents. 67 FR 64411. The
complaint, as supplemented, alleged
violations of section 337 of the Tariff
Act of 1930 in the importation into the
United States, sale for importation, and
sale within the United States after
importation of certain display
controllers with upscaling functionality
and products containing same by reason
of infringement of certain claims of U.S.
Patent No. 5,739,867 (‘‘the ’867 patent’’).
Id. On January 14, 2003, the then
presiding administrative law judge
(‘‘ALJ’’) issued an initial determination
(‘‘ID’’) terminating respondent
SmartASIC from the investigation on the
basis of a settlement agreement. That ID
was not reviewed by the Commission.
The final ID in Display Controllers I
(‘‘the 481 Final ID’’) issued on October
20, 2003. 68 FR 69719 (Dec. 15, 2003).
On December 5, 2003, the Commission
determined to review the 481 Final ID
in part. Id. On review of the 481 Final
ID, the Commission determined to
reverse portions of the ALJ’s claim
construction and to remand Display
Controllers I to the ALJ. 69 FR 3602 (Jan.
26, 2004).
The Commission instituted Inv. No.
337–TA–491, Certain Display
Controllers and Products Containing
Same (‘‘Display Controllers II’’ or ‘‘491
investigation’’) on April 14, 2003, based
on a complaint filed on behalf of
Genesis. 68 FR 17964 (Apr. 14, 2003).
The complaint, as supplemented,
alleged violations of section 337 of the
Tariff Act of 1930 in the importation
into the United States, sale for
importation, and sale within the United
States after importation of certain
display controllers and products
containing same by reason of
infringement of certain claims of U.S.
Patent No. 6,078,361; certain claims of
U.S. Patent No. 5,953,074 (‘‘the ’074
patent’’); and certain claims of U.S.
Patent No. 6,177,922 (‘‘the ’922 patent’’).
The notice of investigation named three
respondents: Media Reality
Technologies, Inc. of Taipei, Taiwan;
MRT; and Trumpion. Id. Both Trumpion
and MRT were also named respondents
in Display Controllers I.
On June 20, 2003, the ALJ issued an
ID (Order No. 5) amending the
complaint and notice of investigation in
Display Controllers II to add MStar
Semiconductor, Inc. (‘‘MStar’’) as a
respondent, additional claims of the
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Federal Register / Vol. 71, No. 125 / Thursday, June 29, 2006 / Notices
’074 patent, and certain claims of the
’867 patent, which was asserted in the
481 investigation. That ID was not
reviewed by the Commission. 68 FR
44967 (July 31, 2003).
On November 10, 2003, the ALJ
issued an ID (Order No. 38) granting
complainant’s motion to terminate the
Display Controllers II investigation with
respect to Trumpion. In the same ID the
ALJ terminated the investigation with
respect to the ’922 patent and the ’074
patent. That ID was not reviewed by the
Commission.
On April 14, 2004, the ALJ issued his
final ID (‘‘the 491 Final ID’’) and
recommended determination on remedy
and bonding in Display Controllers II.
The ALJ found a violation of section 337
in the 491 Final ID with respect to
respondent MStar, but no violation with
respect to respondent MRT.
On May 20, 2004, the ALJ issued an
ID on remand in Display Controllers I
(‘‘the 481 Remand ID’’). The ALJ found
a violation of section 337 in the 481
Remand ID with respect to both
respondents in Display Controllers I,
MRT and Trumpion.
On May 21, 2004, the Commission
issued an order consolidating the 481
and 491 investigations. On July 6, 2004,
the Commission determined to review
portions of the 481 Remand ID and
portions of the 491 Final ID. 69 FR
41846.
On August 20, 2004, the Commission
issued a limited exclusion order in
which the Commission determined that
there was a violation of Section 337 in
the unlawful importation and sale by
respondents MRT, Trumpion, and
MStar of display controllers and
products containing same by reason of
infringement of, inter alia, claims 2, 33–
35, and 36 of the ’867 patent. On August
27, 2004, the Commission issued its
Opinion (‘‘the 481/491 Opinion,’’ or
‘‘Consolidated Opinion’’) in which it
explained the basis for its
determination. MStar appealed the
Commission’s determination on
violation relating to the ’867 patent to
the U.S. Court of Appeals for the
Federal Circuit. The Commission’s
determination was affirmed on May 25,
2006. MStar v. U.S. Int’l Trade Comm’n,
2006 WL 1476137 (Fed. Cir. 2006).
On April 24, 2006, complainant
Genesis filed a complaint for
enforcement proceedings under
Commission Rule 210.75. Genesis
asserts that respondent MStar has
violated the Commission’s limited
exclusion order by importing its
Tsunami display controllers into the
United States.
The Commission, having examined
the complaint seeking a formal
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enforcement proceeding, and having
found that the complaint complies with
the requirements for institution of a
formal enforcement proceeding
contained in Commission rule 210.75,
has determined to institute formal
enforcement proceedings to determine
whether MStar is in violation of the
Commission’s limited exclusion order
issued in the investigation, and what, if
any, enforcement measures are
appropriate. The Commission has
directed the ALJ not to consider
Genesis’ request for monetary penalties
for any violation of the limited
exclusion order in light of Certain LensFitted Film Packages, Inv. No. 337–TA–
406 (Consolidated Enforcement and
Advisory Opinion Proceedings)
Commission Opinion at 12 (June 23,
2003). The following entities are named
as parties to the formal enforcement
proceeding: (1) Complainant Genesis,
(2) respondent MStar, and (3) a
Commission investigative attorney to be
designated by the Director, Office of
Unfair Import Investigations.
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
§ 210.75 of the Commission’s Rules of
Practice and Procedure (19 CFR 210.75).
Issued: June 23, 2006.
By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 06–5810 Filed 6–28–06; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 731–TA–1104
(Preliminary)]
Certain Polyester Staple Fiber From
China
United States International
Trade Commission.
ACTION: Institution of antidumping
investigation and scheduling of a
preliminary phase investigation.
AGENCY:
SUMMARY: The Commission hereby gives
notice of the institution of an
investigation and commencement of
preliminary phase antidumping
investigation No. 731–TA–1104
(Preliminary) under section 733(a) of the
Tariff Act of 1930 (19 U.S.C. 1673b(a))
(the Act) to determine whether there is
a reasonable indication that an industry
in the United States is materially
injured or threatened with material
injury, or the establishment of an
industry in the United States is
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37097
materially retarded, by reason of
imports from China of certain polyester
staple fiber 1, provided for in
subheading 5503.20.00 of the
Harmonized Tariff Schedule of the
United States, that are alleged to be sold
in the United States at less than fair
value. Unless the Department of
Commerce extends the time for
initiation pursuant to section
732(c)(1)(B) of the Act (19 U.S.C.
1673a(c)(1)(B)), the Commission must
reach a preliminary determination in
antidumping investigations in 45 days,
or in this case by August 7, 2006. The
Commission’s views are due at
Commerce within five business days
thereafter, or by August 14, 2006.
For further information concerning
the conduct of this investigation and
rules of general application, consult the
Commission’s Rules of Practice and
Procedure, part 201, subparts A through
E (19 CFR part 201), and part 207,
subparts A and B (19 CFR part 207).
Dates:Effective Date: June 23, 2006.
FOR FURTHER INFORMATION CONTACT:
Jeremy Wise (202–205–3190), Office of
Investigations, U.S. International Trade
Commission, 500 E Street, SW.,
Washington, DC 20436. Hearingimpaired persons can obtain
information on this matter 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 (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.
1 The merchandise subject to this proceeding is
synthetic staple fibers, not carded, combed or
otherwise processed for spinning, of polyester,
measuring 3.3 decitex (3 denier) or more. This
merchandise is cut to lengths varying from one inch
(25 mm) to five inches (127 mm). The subject
merchandise may be coated, usually with a silicon
or other finish, or not coated. PSF is generally used
as stuffing in sleeping bags, mattresses, ski jackets,
comforters, cushions, pillows, and furniture.
The following products are excluded from the
scope: (1) PSF of less than 3.3 decitex (less than 3
denier) currently imported under HTS statistical
reporting number 5503.20.0025, known to the
industry as PSF for spinning and generally used in
woven and knit applications to produce textile and
apparel products; (2) PSF of 10 to 18 denier that are
cut to lengths of 6 to 8 inches and that are generally
used in the manufacture of carpeting; and (3) lowmelt PSF, defined as bi-component fiber with an
outer, non-polyester sheath that melts at a
significantly lower temperature than its inner
polyester core (HTS 5503.20.0015).
Certain PSF is imported under statistical
reporting numbers 5503.20.0045 and 5503.20.0065
of the Harmonized Tariff Schedule of the United
States.
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]]>Agencies
[Federal Register Volume 71, Number 125 (Thursday, June 29, 2006)]
[Notices]
[Pages 37096-37097]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-5810]
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Inv. No. 337-TA-491; Inv. No. 337-TA-481 (consolidated); Enforcement
Proceeding]
In the Matter of Certain Display Controllers and Products
Containing Same and Certain Display Controllers With Upscaling
Functionality and Products Containing Same; Notice of Institution of
Formal Enforcement Proceeding
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that the U.S. International Trade
Commission has instituted a formal enforcement proceeding relating to a
limited exclusion order issued at the conclusion of the above-captioned
investigation.
FOR FURTHER INFORMATION CONTACT: Michael Liberman, Esq., Office of the
General Counsel, U.S. International Trade Commission, 500 E Street,
SW., Washington, DC 20436, telephone (202) 205-3061. Copies of all
nonconfidential 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 Internet server
(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 the matter can be obtained by contacting the Commission's TDD
terminal on 202-205-1810.
SUPPLEMENTARY INFORMATION: The Commission instituted Inv. No. 337-TA-
481, Certain Display Controllers with Upscaling Functionality and
Products Containing Same (``Display Controllers I`` or ``481
investigation'') on October 18, 2002, based on a complaint filed by
Genesis Microchip (Delaware) Inc. (``Genesis'') of Alviso, California
naming Media Reality Technologies, Inc. of Sunnyvale, California
(``MRT''); Trumpion Microelectronics, Inc. (``Trumpion'') of Taipei
City, Taiwan; and SmartASIC, Inc. of San Jose, California
(``SmartASIC'') as respondents. 67 FR 64411. The complaint, as
supplemented, alleged violations of section 337 of the Tariff Act of
1930 in the importation into the United States, sale for importation,
and sale within the United States after importation of certain display
controllers with upscaling functionality and products containing same
by reason of infringement of certain claims of U.S. Patent No.
5,739,867 (``the '867 patent''). Id. On January 14, 2003, the then
presiding administrative law judge (``ALJ'') issued an initial
determination (``ID'') terminating respondent SmartASIC from the
investigation on the basis of a settlement agreement. That ID was not
reviewed by the Commission.
The final ID in Display Controllers I (``the 481 Final ID'') issued
on October 20, 2003. 68 FR 69719 (Dec. 15, 2003). On December 5, 2003,
the Commission determined to review the 481 Final ID in part. Id. On
review of the 481 Final ID, the Commission determined to reverse
portions of the ALJ's claim construction and to remand Display
Controllers I to the ALJ. 69 FR 3602 (Jan. 26, 2004).
The Commission instituted Inv. No. 337-TA-491, Certain Display
Controllers and Products Containing Same (``Display Controllers II'' or
``491 investigation'') on April 14, 2003, based on a complaint filed on
behalf of Genesis. 68 FR 17964 (Apr. 14, 2003). The complaint, as
supplemented, alleged violations of section 337 of the Tariff Act of
1930 in the importation into the United States, sale for importation,
and sale within the United States after importation of certain display
controllers and products containing same by reason of infringement of
certain claims of U.S. Patent No. 6,078,361; certain claims of U.S.
Patent No. 5,953,074 (``the '074 patent''); and certain claims of U.S.
Patent No. 6,177,922 (``the '922 patent''). The notice of investigation
named three respondents: Media Reality Technologies, Inc. of Taipei,
Taiwan; MRT; and Trumpion. Id. Both Trumpion and MRT were also named
respondents in Display Controllers I.
On June 20, 2003, the ALJ issued an ID (Order No. 5) amending the
complaint and notice of investigation in Display Controllers II to add
MStar Semiconductor, Inc. (``MStar'') as a respondent, additional
claims of the
[[Page 37097]]
'074 patent, and certain claims of the '867 patent, which was asserted
in the 481 investigation. That ID was not reviewed by the Commission.
68 FR 44967 (July 31, 2003).
On November 10, 2003, the ALJ issued an ID (Order No. 38) granting
complainant's motion to terminate the Display Controllers II
investigation with respect to Trumpion. In the same ID the ALJ
terminated the investigation with respect to the '922 patent and the
'074 patent. That ID was not reviewed by the Commission.
On April 14, 2004, the ALJ issued his final ID (``the 491 Final
ID'') and recommended determination on remedy and bonding in Display
Controllers II. The ALJ found a violation of section 337 in the 491
Final ID with respect to respondent MStar, but no violation with
respect to respondent MRT.
On May 20, 2004, the ALJ issued an ID on remand in Display
Controllers I (``the 481 Remand ID''). The ALJ found a violation of
section 337 in the 481 Remand ID with respect to both respondents in
Display Controllers I, MRT and Trumpion.
On May 21, 2004, the Commission issued an order consolidating the
481 and 491 investigations. On July 6, 2004, the Commission determined
to review portions of the 481 Remand ID and portions of the 491 Final
ID. 69 FR 41846.
On August 20, 2004, the Commission issued a limited exclusion order
in which the Commission determined that there was a violation of
Section 337 in the unlawful importation and sale by respondents MRT,
Trumpion, and MStar of display controllers and products containing same
by reason of infringement of, inter alia, claims 2, 33-35, and 36 of
the '867 patent. On August 27, 2004, the Commission issued its Opinion
(``the 481/491 Opinion,'' or ``Consolidated Opinion'') in which it
explained the basis for its determination. MStar appealed the
Commission's determination on violation relating to the '867 patent to
the U.S. Court of Appeals for the Federal Circuit. The Commission's
determination was affirmed on May 25, 2006. MStar v. U.S. Int'l Trade
Comm'n, 2006 WL 1476137 (Fed. Cir. 2006).
On April 24, 2006, complainant Genesis filed a complaint for
enforcement proceedings under Commission Rule 210.75. Genesis asserts
that respondent MStar has violated the Commission's limited exclusion
order by importing its Tsunami display controllers into the United
States.
The Commission, having examined the complaint seeking a formal
enforcement proceeding, and having found that the complaint complies
with the requirements for institution of a formal enforcement
proceeding contained in Commission rule 210.75, has determined to
institute formal enforcement proceedings to determine whether MStar is
in violation of the Commission's limited exclusion order issued in the
investigation, and what, if any, enforcement measures are appropriate.
The Commission has directed the ALJ not to consider Genesis' request
for monetary penalties for any violation of the limited exclusion order
in light of Certain Lens-Fitted Film Packages, Inv. No. 337-TA-406
(Consolidated Enforcement and Advisory Opinion Proceedings) Commission
Opinion at 12 (June 23, 2003). The following entities are named as
parties to the formal enforcement proceeding: (1) Complainant Genesis,
(2) respondent MStar, and (3) a Commission investigative attorney to be
designated by the Director, Office of Unfair Import Investigations.
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 Sec. 210.75 of the Commission's Rules of Practice and Procedure (19
CFR 210.75).
Issued: June 23, 2006.
By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 06-5810 Filed 6-28-06; 8:45 am]
BILLING CODE 7020-02-P
