In the Matter of Certain NAND Flash Memory Devices and Products Containing Same; Notice of Commission Determination To Review a Final Determination of no Violation of Section 337; Schedule for Filing Written Submissions on Remedy, Public Interest, and Bonding, 2557-2558 [E7-673]

Agencies

• INTERNATIONAL TRADE COMMISSION

[Federal Register Volume 72, Number 12 (Friday, January 19, 2007)]
[Notices]
[Pages 2557-2558]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-673]


-----------------------------------------------------------------------

INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-553]


In the Matter of Certain NAND Flash Memory Devices and Products 
Containing Same; Notice of Commission Determination To Review a Final 
Determination of no Violation of Section 337; Schedule for Filing 
Written Submissions on Remedy, Public Interest, and Bonding

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined to review the final initial determination 
(``ID'') issued by the presiding administrative law judge (``ALJ'') on 
November 20, 2006, regarding whether there is a violation of section 
337 of the Tariff Act of 1930, 19 U.S.C. 1337, in the above-captioned 
investigation.

FOR FURTHER INFORMATION CONTACT: Michelle Walters, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street, 
SW., Washington, DC 20436, telephone (202) 708-5468. 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 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 this investigation 
on November 25, 2005, based on a complaint filed by Hynix Semiconductor 
Inc. of Korea; Hynix Semiconductor America Inc. of San Jose, 
California; and Hynix Semiconductor Manufacturing America Inc. of 
Eugene, Oregon (collectively, ``Hynix''). The complaint, as 
supplemented and amended, alleged 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 NAND flash memory devices and products 
containing the same by reason of infringement of various claims of 
United States Patent Nos. 5,509,995 and 5,869,404.
    On November 20, 2006, the presiding ALJ issued his final ID, 
finding no violation of section 337 by respondents Toshiba Corporation 
of Japan; Toshiba America Electronic Components, Inc. of Irvine, 
California; Toshiba America Information Systems, Inc. of Irvine, 
California; and Toshiba America Consumer Products, L.L.C. of Wayne, New 
Jersey (collectively, ``Toshiba''). On December 4, 2006, the ALJ issued 
his recommended determination on remedy and bonding.
    On December 6, 2006, Hynix filed a petition for review, challenging 
the ALJ's ID. On the same day, Toshiba filed a conditional petition for 
review of the ALJ's ID. On December 14, 2006, Toshiba and the 
Commission investigative attorney each filed responses to Hynix's 
petition for review, and Hynix filed a response to Toshiba's 
conditional petition for review.
    Having examined the record of this investigation, including the 
ALJ's final ID and the submissions of the parties, the Commission has 
determined to review the final ID in its entirety.
    In connection with the final disposition of this investigation, the 
Commission may (1) issue an order that could result in the exclusion of 
the subject articles from entry into the United States, and/or (2) 
issue one or more cease and desist orders 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 In the Matter of Certain Devices for Connecting 
Computers via Telephone Lines, Inv. No. 337-TA-360, USITC Pub. No. 2843 
(December 1994) (Commission Opinion).
    If the Commission contemplates some form of remedy, it must 
consider the

[[Page 2558]]

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.
    If the Commission orders some form of remedy, the U.S. Trade 
Representative, as delegated by the President, has 60 days to approve 
or disapprove the Commission's action. 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 Commission does not wish to receive 
further written submissions on the issue of violation. However, parties 
to the investigation, interested government agencies, and any other 
interested parties are encouraged to file written submissions on the 
issues of remedy, the public interest, and bonding. Such submissions 
should be no more than twenty-five (25) pages and should address the 
recommended determination by the ALJ on remedy and bonding. 
Complainants and the Commission investigative attorney are also 
requested to submit proposed remedial orders for the Commission's 
consideration. Complainants are also requested to state the dates that 
the patents expire and the HTSUS numbers under which the accused 
products are imported. The written submissions and proposed remedial 
orders must be filed no later than close of business on January 25, 
2007. Reply submissions must be filed no later than the close of 
business on February 1, 2007. No further submissions on these issues 
will be permitted unless otherwise ordered by the Commission.
    Persons filing written submissions must file the original document 
and 12 true copies thereof on or before the deadlines stated above with 
the Office of the Secretary. Any person desiring to submit a document 
to the Commission in confidence must request confidential treatment 
unless the information has already been granted such treatment during 
the proceedings. All such requests should be directed to the Secretary 
of the Commission and must include a full statement of the reasons why 
the Commission should grant such treatment. See 19 CFR 210.6. Documents 
for which confidential treatment by the Commission is sought will be 
treated accordingly. All nonconfidential written submissions will be 
available for public inspection at the Office of the Secretary.
    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 section 210.42-46 of the Commission's Rules of Practice and 
Procedure (19 CFR 210.42-210.46).

     Issued: January 11, 2007.
By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
 [FR Doc. E7-673 Filed 1-18-07; 8:45 am]
BILLING CODE 7020-02-P