In the Matter of Certain NAND Flash Memory Devices and Components Thereof, and Products Containing Same; Notice of Investigation, 7457-7458 [E7-2605]

Download as PDF ycherry on PROD1PC64 with NOTICES Federal Register / Vol. 72, No. 31 / Thursday, February 15, 2007 / Notices viewed on the Commission’s electronic docket (EDIS) at http://edis.usitc.gov. SUPPLEMENTARY INFORMATION: On June 21, 2005, 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 Broadcom Corporation of Irvine, California, alleging a violation of section 337 in the importation, sale for importation, and sale within the United States after importation of certain baseband processor chips and chipsets, transmitter and receiver (radio) chips, power control chips, and products containing same, including cellular telephone handsets by reason of infringement of certain claims of U.S. Patent Nos. 6,374,311; 6,714,983; 6,583,675; 5,682,379 (‘‘the ‘379 patent’’); and 6,359,872 (‘‘the ‘872 patent’’). 70 FR 35707 (June 21, 2005). The complainant named Qualcomm Incorporated of San Diego, California (‘‘Qualcomm’’) as the only respondent. The ‘379 patent and ‘872 patent have been terminated from this investigation. On October 19, 2006, the presiding administrative law judge (‘‘ALJ’’) issued an Initial Determination (‘‘ID’’) on Violation of Section 337 and Recommended Determination (‘‘RD’’) on Remedy and Bond, finding a violation of section 337. The ID found a violation of section 337, and the RD recommended a limited exclusion order directed to baseband processor chips imported by Qualcomm. On December 8, 2006, the Commission issued a notice of its decision to review and upon review to modify in part the ALJ’s final ID. The modification made by the Commission did not change the finding of violation. The Commission also requested the parties to the investigation, interested Government agencies, and any other interested persons to file written submissions on the issues of remedy, the public interest, and bonding. On January 25, 2007, respondent Qualcomm moved, inter alia, for oral argument and hearing on the issues of remedy and the public interest. Complainant Broadcom opposed the motion on the ground that a hearing would delay the grant of relief in this investigation. No other party has responded to Qualcomm’s motion. In view of the impact that an exclusion order covering downstream products may have on the public interest, the Commission has determined to hold a public hearing on the issues of remedy and the public interest. The Commission has also determined to extend the target date for completion of this investigation by two (2) months to May 8, 2007. VerDate Aug<31>2005 18:37 Feb 14, 2007 Jkt 211001 Commission Hearing: The Commission will hold the public hearing on March 21, 2007, and, if necessary, on March 22, 2007, in the Commission’s main hearing room, 500 E Street, SW., Washington, DC 20436, beginning at 9:30 a.m. The hearing will be limited to the issues of remedy and the public interest. In particular, the Commission will hear presentations concerning the appropriate remedy, and the effect that such remedy would have upon the public interest. Parties to the remedy stage of this investigation, Government agencies, public-interest groups, and interested members of the public may make oral presentations on the issues of remedy and the public interest. Oral presentations concerning the violation determinations already made in this investigation will not be permitted. Presentations need not be confined to the evidentiary record certified to the Commission by the ALJ, and may include the testimony of witnesses. Presentations will likely be heard in the following order: complainant, respondent, intervenors, the Commission investigative attorney, Government agencies, public-interest groups, and interested members of the public. Given time constraints, Government agencies, public-interest groups, and interested members of the public may expect to be allotted no more than 10 minutes for their presentations. The time limits shall be exclusive of the time consumed by questioning by the Commission. Further details will be provided to the participants. Notice of Appearance: Written requests to appear at the Commission hearing must be filed with the Office of the Secretary by February 28, 2007. Persons who wish to participate must provide their e-mail addresses as part of their contact information. Participants are also requested to provide a one-page synopsis of their oral presentations indicating what position they have on the issues to be addressed at the hearing. These documents will be placed in the public record. 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 210.50 of the Commission’s Rules of Practice and Procedure (19 CFR 210.50). Issued: February 9, 2007. By order of the Commission. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E7–2593 Filed 2–14–07; 8:45 am] BILLING CODE 7020–02–P PO 00000 Frm 00071 Fmt 4703 Sfmt 4703 7457 INTERNATIONAL TRADE COMMISSION [Inv. No. 337–TA–592] In the Matter of Certain NAND Flash Memory Devices and Components Thereof, and Products Containing Same; Notice of Investigation U.S. International Trade Commission. ACTION: Institution of investigation pursuant to 19 U.S.C. 1337. AGENCY: SUMMARY: Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on January 9, 2007, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Toshiba Corporation of Japan. A letter supplementing the complaint was filed on January 19, 2007. The complaint, as supplemented, alleges violations of section 337 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 components thereof, and products containing same, by reason of infringement of U.S. Patent No. 6,703,658; U.S. Patent No. 6,424,588; and U.S. Patent No. 5,627,782. The complaint further alleges that an industry in the United States exists as required by subsection (a)(2) of section 337. The complainant requests that the Commission institute an investigation and, after the investigation, issue a permanent exclusion order and permanent cease and desist orders. ADDRESSES: The complaint and supplement, except for any confidential information contained therein, are 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:// 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: Juan Cockburn, Esq., Office of Unfair Import E:\FR\FM\15FEN1.SGM 15FEN1 ycherry on PROD1PC64 with NOTICES 7458 Federal Register / Vol. 72, No. 31 / Thursday, February 15, 2007 / Notices Investigations, U.S. International Trade Commission, telephone (202) 205–2572. 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 (2006). Scope of Investigation: Having considered the complaint, the U.S. International Trade Commission, on February 5, 2007, 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 NAND flash memory devices or components thereof, or products containing same, by reason of infringement of one or more of claims 2 and 5 of U.S. Patent No. 6,703,658; claims 1–4 of U.S. Patent No. 6,424,588; and claims 46–49 of U.S. Patent No. 5,627,782, 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 complainant is—Toshiba Corporation, 1–1 Shibaura 1-Chome, Minato-Ku, Tokyo 105–8001 Japan. (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: Hynix Semiconductor Inc., San 136–1, Ami-Ri Bubal-eub, 1 chon-si, Kyoungki-do, Korea. Hynix Semiconductor America Inc., 3101 North First Street, San Jose, California 95134. (c) The Commission investigative attorney, party to this investigation, is Juan Cockburn, Esq., Office of Unfair Import Investigations, U.S. International Trade Commission, 500 E Street, SW., Room 401–Q, Washington, DC 20436; and (3) For the investigation so instituted, the Honorable Paul J. Luckern is designated as 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 VerDate Aug<31>2005 18:37 Feb 14, 2007 Jkt 211001 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 a limited exclusion order or cease and desist order or both directed against the respondent. Issued: February 9, 2007. By order of the Commission. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E7–2605 Filed 2–14–07; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 731–TA–1110 (Preliminary)] Sodium Hexametaphosphate (Shmp) 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–1110 (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 materially retarded, by reason of imports from China of sodium hexametaphosphate (SHMP), provided for in subheading 2835.39.50 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 PO 00000 Frm 00072 Fmt 4703 Sfmt 4703 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 March 26, 2007. The Commission’s views are due at Commerce within five business days thereafter, or by April 2, 2007. 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). EFFECTIVE DATE: February 8, 2007. FOR FURTHER INFORMATION CONTACT: Debra Baker (202–205–3180), 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 (http:// www.usitc.gov). The public record for this investigation may be viewed on the Commission’s electronic docket (EDIS) at http://edis.usitc.gov. SUPPLEMENTARY INFORMATION: Background.—This investigation is being instituted in response to a petition filed on February 8, 2007, by ICL Performance Products, LP (St. Louis, MO) and Innophos, Inc. (Cranbury, NJ). Participation in the investigation and public service list.—Persons (other than petitioners) wishing to participate in the investigation as parties must file an entry of appearance with the Secretary to the Commission, as provided in sections 201.11 and 207.10 of the Commission’s rules, not later than seven days after publication of this notice in the Federal Register. Industrial users and (if the merchandise under investigation is sold at the retail level) representative consumer organizations have the right to appear as parties in Commission antidumping investigations. The Secretary will prepare a public service list containing the names and addresses of all persons, or their representatives, who are parties to this investigation upon the expiration of the period for filing entries of appearance. Limited disclosure of business proprietary information (BPI) under an E:\FR\FM\15FEN1.SGM 15FEN1

Agencies

[Federal Register Volume 72, Number 31 (Thursday, February 15, 2007)]
[Notices]
[Pages 7457-7458]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-2605]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-592]


In the Matter of Certain NAND Flash Memory Devices and Components 
Thereof, 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 January 9, 2007, under section 
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
Toshiba Corporation of Japan. A letter supplementing the complaint was 
filed on January 19, 2007. The complaint, as supplemented, alleges 
violations of section 337 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 components 
thereof, and products containing same, by reason of infringement of 
U.S. Patent No. 6,703,658; U.S. Patent No. 6,424,588; and U.S. Patent 
No. 5,627,782. The complaint further alleges that an industry in the 
United States exists as required by subsection (a)(2) of section 337.
    The complainant requests that the Commission institute an 
investigation and, after the investigation, issue a permanent exclusion 
order and permanent cease and desist orders. ADDRESSES: The complaint 
and supplement, except for any confidential information contained 
therein, are 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://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: Juan Cockburn, Esq., Office of Unfair 
Import

[[Page 7458]]

Investigations, U.S. International Trade Commission, telephone (202) 
205-2572.
    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 (2006).
    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on February 5, 2007, 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 NAND flash 
memory devices or components thereof, or products containing same, by 
reason of infringement of one or more of claims 2 and 5 of U.S. Patent 
No. 6,703,658; claims 1-4 of U.S. Patent No. 6,424,588; and claims 46-
49 of U.S. Patent No. 5,627,782, 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 complainant is--Toshiba Corporation, 1-1 Shibaura 1-Chome, 
Minato-Ku, Tokyo 105-8001 Japan.
    (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:

Hynix Semiconductor Inc., San 136-1, Ami-Ri Bubal-eub, 1 chon-si, 
Kyoungki-do, Korea.
Hynix Semiconductor America Inc., 3101 North First Street, San Jose, 
California 95134.

    (c) The Commission investigative attorney, party to this 
investigation, is Juan Cockburn, Esq., Office of Unfair Import 
Investigations, U.S. International Trade Commission, 500 E Street, SW., 
Room 401-Q, Washington, DC 20436; and
    (3) For the investigation so instituted, the Honorable Paul J. 
Luckern is designated as 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 a limited exclusion 
order or cease and desist order or both directed against the 
respondent.

    Issued: February 9, 2007.

    By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E7-2605 Filed 2-14-07; 8:45 am]
BILLING CODE 7020-02-P