In the Matter of Certain Baseband Processor Chips and Chipsets, Transmitter and Receiver (Radio) Chips, Power Control Chips, and Products Containing Same, Including Cellular Telephone Handsets; Commission Determination on the Issues of Remedy, the Public Interest, and Bonding; Termination of the Investigation, 32682-32683 [E7-11389]
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32682
Federal Register / Vol. 72, No. 113 / Wednesday, June 13, 2007 / Notices
until after the classification becomes
effective.
INTERNATIONAL TRADE
COMMISSION
(Authority: 43 CFR 2741.5)
[Inv. No. 337–TA–543]
Tim Bozorth,
Field Manager.
[FR Doc. E7–11421 Filed 6–12–07; 8:45 am]
BILLING CODE 4310–$$–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 731–TA–922 (Review)]
Automotive Replacement Glass
Windshields From China
United States International
Trade Commission.
ACTION: Termination of five-year review.
SUMMARY: The subject five-year review
was initiated in March 2007 to
determine whether revocation of the
antidumping duty order on automotive
replacement glass windshields from
China would be likely to lead to
continuation or recurrence of material
injury. On June 5, 2007, the Department
of Commerce published notice that it
was revoking the order effective April 4,
2007, ‘‘{b}ecause the domestic
interested parties did not participate in
the sunset review.’’ (72 FR 31052).
Accordingly, pursuant to section 751(c)
of the Tariff Act of 1930 (19 U.S.C.
1675(c)), the subject review is
terminated.
DATES: Effective Date: April 4, 2007.
FOR FURTHER INFORMATION CONTACT:
Mary Messer (202–205–3193), Office of
Investigations, U.S. International Trade
Commission, 500 E Street, SW.,
Washington, DC 20436. Hearingimpaired 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 (https://
www.usitc.gov).
sroberts on PROD1PC70 with NOTICES
Authority: This review is being terminated
under authority of title VII of the Tariff Act
of 1930; this notice is published pursuant to
section 207.69 of the Commission’s rules (19
CFR 207.69).
By order of the Commission.
Issued: June 7, 2007
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E7–11390 Filed 6–12–07; 8:45 am]
VerDate Aug<31>2005
18:30 Jun 12, 2007
Jkt 211001
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
AGENCY:
BILLING CODE 7020–02–P
In the Matter of Certain Baseband
Processor Chips and Chipsets,
Transmitter and Receiver (Radio)
Chips, Power Control Chips, and
Products Containing Same, Including
Cellular Telephone Handsets;
Commission Determination on the
Issues of Remedy, the Public Interest,
and Bonding; Termination of the
Investigation
SUMMARY: Notice is hereby given that
the U.S. International Trade
Commission has issued a limited
exclusion order and a cease and desist
order in the above-captioned
investigation directed against certain
products of respondent Qualcomm
Incorporated of San Diego, California
(‘‘Qualcomm’’) and certain downstream
products that contain them. The
Commission has terminated the
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–
205–3152. Copies of the ID and all other
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 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,
PO 00000
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Fmt 4703
Sfmt 4703
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 (‘‘the
’983 patent’’); 5,682,379 (‘‘the ’379
patent’’); 6,359,872 (‘‘the ’872 patent’’);
and 6,583,675. 70 FR 35707 (June 21,
2005). The complainant named
Qualcomm Incorporated of San Diego,
California (‘‘Qualcomm’’) as the only
respondent. The ’379 and ’872 patents
were terminated from this investigation.
On October 19, 2006, the presiding
administrative law judge (‘‘ALJ’’) issued
an Initial Determination on Violation of
Section 337 and a Recommended
Determination on Remedy and Bond
(collectively, ‘‘ID’’), finding a violation
of section 337. On December 8, 2006,
the Commission issued a notice of its
decision to review and modify in part
the ALJ’s final ID. The modification
made by the Commission did not affect
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. On
March 21–22, 2007, the Commission
held a public hearing on the issues of
remedy and the public interest.
Subsequently, the Commission
extended the target date for completion
of this investigation to June 7, 2007.
Having reviewed the record in this
investigation, including the written
submissions of the parties and the
testimony at the Commission public
hearing, the Commission has made the
following determinations on the issues
of remedy, the public interest, and
bonding.
The Commission has determined that
the appropriate form of relief is, inter
alia, a limited exclusion order
prohibiting the unlicensed entry of
baseband processor chips or chipsets,
including chips or chipsets incorporated
into circuit board modules and carriers,
manufactured abroad by or on behalf of
Qualcomm or any of its affiliated
companies, parents, subsidiaries,
contractors, or other related business
entities, or their successors or assigns,
that are programmed to enable the
power saving features covered by claims
1, 4, 8, 9, or 11 of the ’983 patent, as
well as handheld wireless
communications devices, including
cellular telephone handsets and PDAs,
containing Qualcomm baseband
processor chips or chipsets that are
E:\FR\FM\13JNN1.SGM
13JNN1
sroberts on PROD1PC70 with NOTICES
Federal Register / Vol. 72, No. 113 / Wednesday, June 13, 2007 / Notices
programmed to enable the power saving
features covered by claims 1, 4, 8, 9, or
11 of the ’983 patent. The Commission
limited exclusion order does not apply
to computer data cards. Also exempted
from the Commission limited exclusion
order are handheld wireless
communications devices that are of the
same models as handheld wireless
communications devices that were
being imported into the United States
for sale to the general public on or
before the date of the Commission
limited exclusion order. The exempted
models must be identifiable by specific
and verifiable model numbers, denoting
model-specific product specifications,
features, and functions. Importers will
be able to certify to the Bureau of
Customs and Border Protection
(‘‘Customs’’) that their products are
exempted. This exemption will not
apply to handheld wireless
communications devices that differ in
terms of model number, product
specifications, features, or functions
from wireless handheld
communications devices that were
being imported into the United States
for sale to the general public on or
before the date of the Commission
limited exclusion order.
To assist enforcement of the exclusion
order, and to aid importers seeking a
good faith basis on which to certify that
products are exempted as pre-existing
models, we encourage importers and
parties that sell downstream devices to
members of the general public to supply
Customs, as soon as practicable,
information and supporting
documentation as to those handset
models that contain the infringing chips
and that were being imported for sale to
the general public on or before the date
of the limited exclusion order. That
submission should include a complete
list of the product specifications,
features, and functions associated with
each exempted model number. Imports
of prototypes, or downstream devices
for use in testing, for limited-scale
distribution for marketing or other
purposes, or any purpose other than
widespread sales to end use consumers,
do not constitute imports for sale to the
general public.
The Commission has also determined
to issue a cease and desist order that
prevents Qualcomm from engaging in
certain activities in the United States
related to the infringing chips.
The Commission found that, while
exclusion of all downstream products
could adversely affect the public
interest as enumerated in section
337(d)(1) (19 U.S.C. 1337(d)(1)), the
exemption for previously imported
models sufficiently ameliorates this
VerDate Aug<31>2005
18:30 Jun 12, 2007
Jkt 211001
impact such that the limited exclusion
and cease and desist orders should be
issued. Finally, the Commission
determined that the amount of bond to
permit temporary importation during
the Presidential review period (19
U.S.C. § *1337(j)) shall be in the amount
of one hundred (100) percent of entered
value for infringing chips or chipsets
imported separately, or five (5) percent
of entered value per handheld wireless
communications device containing
infringing chips or chipsets. Pursuant to
subsection (j) of section 337 of the Tariff
Act of 1930, as amended, 19 U.S.C.
1337(j), from the day after this Order is
received by the United States Trade
Representative (70 FR 43251 (July 21,
2005)), this bond will be in effect until
such time as the United States Trade
Representative notifies the Commission
that she approves or disapproves this
action but, in any event, not later than
sixty (60) days after the date of receipt
of this action.
Vice Chairman Shara L. Aranoff,
Commissioner Deanna Tanner Okun,
Commissioner Charlotte R. Lane, and
Commissioner Irving A. Williamson
voted in favor of the remedial orders.
They provide their supporting analysis
in two separate opinions. Chairman
Daniel R. Pearson and Commissioner
Dean A. Pinkert dissented and provide
additional and dissenting views.
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
§ 210.50 of the Commission’s Rules of
Practice and Procedure (19 CFR 210.50).
Issued: June 7, 2007.
By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E7–11389 Filed 6–12–07; 8:45 am]
BILLING CODE 7020–02–P
DEPARTMENT OF LABOR
Wage and Hour Division
Special Industry Committee for All
Industries in American Samoa;
Cancellation
I hereby discharge the Industry
Committee that I appointed and
convened on May 10, 2007, (72 FR
27337) because of provisions contained
in section 8103 of the U.S. Troop
Readiness, Veterans’ Care, Katrina
Recovery, and Iraq Accountability
Appropriations Act of 2007 (‘‘the Act’’)
that repeal current sections 5, 6(a)(3),
and 8 of the Fair Labor Standards Act,
as amended, (FLSA) (29 U.S.C. 205,
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Fmt 4703
Sfmt 4703
32683
206(a)(3), and 208), effective July 24,
2007. The Act sets forth statutory
requirements providing that the
minimum wage applicable to American
Samoa under the FLSA shall be—
(1) The applicable wage rate in effect
for each industry and classification
under 29 CFR part 697 on May 25, 2007;
(2) Increased by $0.50 an hour,
beginning on July 24, 2007; and
(3) Increased by $0.50 an hour (or
such lesser amount as may be necessary
to equal the minimum wage under
FLSA section 6(a)(1), beginning on May
25, 2008, and each year thereafter until
the minimum wage applicable to
American Samoa is equal to the general
minimum wage set forth in FLSA
section 6(a)(1) (29 U.S.C. 206(a)(1)).
In addition, the repeal of the FLSA
provisions mentioned above removes
the Department of Labor’s authority to
convene American Samoa Industry
Committees.
Signed in Washington, DC, this 8th day of
June, 2007.
Elaine L. Chao,
Secretary of Labor.
[FR Doc. E7–11520 Filed 6–12–07; 8:45 am]
BILLING CODE 4510–27–P
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
[Notice (07–047)]
NASA Advisory Council; Science
Committee; Astrophysics
Subcommittee; Meeting
National Aeronautics and
Space Administration.
ACTION: Notice of meeting.
AGENCY:
SUMMARY: The National Aeronautics and
Space Administration (NASA)
announces a meeting of the
Astrophysics Subcommittee of the
NASA Advisory Council (NAC). This
Subcommittee reports to the Science
Committee of the NAC. The Meeting
will be held for the purpose of soliciting
from the scientific community and other
persons scientific and technical
information relevant to program
planning.
Wednesday, June 20, 2007, 8:30
a.m. to 5 p.m. and Thursday, June 21,
2007, 8:30 a.m. to 4 p.m. Eastern
Daylight Time.
ADDRESSES: Hyatt Regency Crystal City,
2799 Jefferson Davis Highway,
Arlington, VA 22202.
FOR FURTHER INFORMATION CONTACT: Ms.
Marian Norris, Science Mission
Directorate, NASA Headquarters,
Washington, DC 20546, (202) 358–4452,
DATES:
E:\FR\FM\13JNN1.SGM
13JNN1
]]>Agencies
[Federal Register Volume 72, Number 113 (Wednesday, June 13, 2007)]
[Notices]
[Pages 32682-32683]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-11389]
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Inv. No. 337-TA-543]
In the Matter of Certain Baseband Processor Chips and Chipsets,
Transmitter and Receiver (Radio) Chips, Power Control Chips, and
Products Containing Same, Including Cellular Telephone Handsets;
Commission Determination on the Issues of Remedy, the Public Interest,
and Bonding; Termination of the Investigation
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that the U.S. International Trade
Commission has issued a limited exclusion order and a cease and desist
order in the above-captioned investigation directed against certain
products of respondent Qualcomm Incorporated of San Diego, California
(``Qualcomm'') and certain downstream products that contain them. The
Commission has terminated the 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 202-205-3152. Copies of the ID and
all other 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. Hearing-impaired 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 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 (``the '983 patent''); 5,682,379 (``the '379 patent'');
6,359,872 (``the '872 patent''); and 6,583,675. 70 FR 35707 (June 21,
2005). The complainant named Qualcomm Incorporated of San Diego,
California (``Qualcomm'') as the only respondent. The '379 and '872
patents were terminated from this investigation.
On October 19, 2006, the presiding administrative law judge
(``ALJ'') issued an Initial Determination on Violation of Section 337
and a Recommended Determination on Remedy and Bond (collectively,
``ID''), finding a violation of section 337. On December 8, 2006, the
Commission issued a notice of its decision to review and modify in part
the ALJ's final ID. The modification made by the Commission did not
affect 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. On March 21-22, 2007, the Commission held a public hearing on
the issues of remedy and the public interest. Subsequently, the
Commission extended the target date for completion of this
investigation to June 7, 2007.
Having reviewed the record in this investigation, including the
written submissions of the parties and the testimony at the Commission
public hearing, the Commission has made the following determinations on
the issues of remedy, the public interest, and bonding.
The Commission has determined that the appropriate form of relief
is, inter alia, a limited exclusion order prohibiting the unlicensed
entry of baseband processor chips or chipsets, including chips or
chipsets incorporated into circuit board modules and carriers,
manufactured abroad by or on behalf of Qualcomm or any of its
affiliated companies, parents, subsidiaries, contractors, or other
related business entities, or their successors or assigns, that are
programmed to enable the power saving features covered by claims 1, 4,
8, 9, or 11 of the '983 patent, as well as handheld wireless
communications devices, including cellular telephone handsets and PDAs,
containing Qualcomm baseband processor chips or chipsets that are
[[Page 32683]]
programmed to enable the power saving features covered by claims 1, 4,
8, 9, or 11 of the '983 patent. The Commission limited exclusion order
does not apply to computer data cards. Also exempted from the
Commission limited exclusion order are handheld wireless communications
devices that are of the same models as handheld wireless communications
devices that were being imported into the United States for sale to the
general public on or before the date of the Commission limited
exclusion order. The exempted models must be identifiable by specific
and verifiable model numbers, denoting model-specific product
specifications, features, and functions. Importers will be able to
certify to the Bureau of Customs and Border Protection (``Customs'')
that their products are exempted. This exemption will not apply to
handheld wireless communications devices that differ in terms of model
number, product specifications, features, or functions from wireless
handheld communications devices that were being imported into the
United States for sale to the general public on or before the date of
the Commission limited exclusion order.
To assist enforcement of the exclusion order, and to aid importers
seeking a good faith basis on which to certify that products are
exempted as pre-existing models, we encourage importers and parties
that sell downstream devices to members of the general public to supply
Customs, as soon as practicable, information and supporting
documentation as to those handset models that contain the infringing
chips and that were being imported for sale to the general public on or
before the date of the limited exclusion order. That submission should
include a complete list of the product specifications, features, and
functions associated with each exempted model number. Imports of
prototypes, or downstream devices for use in testing, for limited-scale
distribution for marketing or other purposes, or any purpose other than
widespread sales to end use consumers, do not constitute imports for
sale to the general public.
The Commission has also determined to issue a cease and desist
order that prevents Qualcomm from engaging in certain activities in the
United States related to the infringing chips.
The Commission found that, while exclusion of all downstream
products could adversely affect the public interest as enumerated in
section 337(d)(1) (19 U.S.C. 1337(d)(1)), the exemption for previously
imported models sufficiently ameliorates this impact such that the
limited exclusion and cease and desist orders should be issued.
Finally, the Commission determined that the amount of bond to permit
temporary importation during the Presidential review period (19 U.S.C.
Sec. *1337(j)) shall be in the amount of one hundred (100) percent of
entered value for infringing chips or chipsets imported separately, or
five (5) percent of entered value per handheld wireless communications
device containing infringing chips or chipsets. Pursuant to subsection
(j) of section 337 of the Tariff Act of 1930, as amended, 19 U.S.C.
1337(j), from the day after this Order is received by the United States
Trade Representative (70 FR 43251 (July 21, 2005)), this bond will be
in effect until such time as the United States Trade Representative
notifies the Commission that she approves or disapproves this action
but, in any event, not later than sixty (60) days after the date of
receipt of this action.
Vice Chairman Shara L. Aranoff, Commissioner Deanna Tanner Okun,
Commissioner Charlotte R. Lane, and Commissioner Irving A. Williamson
voted in favor of the remedial orders. They provide their supporting
analysis in two separate opinions. Chairman Daniel R. Pearson and
Commissioner Dean A. Pinkert dissented and provide additional and
dissenting views.
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. 210.50 of the Commission's Rules of Practice and Procedure (19
CFR 210.50).
Issued: June 7, 2007.
By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E7-11389 Filed 6-12-07; 8:45 am]
BILLING CODE 7020-02-P
