In the Matter of Certain Semiconductor Chips with Minimized Chip Package Size and Products Containing Same (IV); Notice of Investigation, 30628-30629 [E8-11844]
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Federal Register / Vol. 73, No. 103 / Wednesday, May 28, 2008 / Notices
imported under the Act from beneficiary
countries;
(2) the probable future effect that
ATPA will have on the U.S. economy
generally and on such domestic
industries; and
(3) the estimated effect that ATPA has
had on drug-related crop eradication
and crop substitution efforts of
beneficiary countries.
Notice of institution of the
investigation and the schedule for such
reports under section 206 of ATPA was
published in the Federal Register of
March 10, 1994 (59 FR 11308). The
thirteenth report, covering calendar year
2007, is to be submitted by September
30, 2008.
Public Hearing: A public hearing in
connection with this investigation will
be held at the U.S. International Trade
Commission Building, 500 E Street,
SW., Washington, DC, beginning at 9:30
a.m. on July 22, 2008. Requests to
appear at the public hearing should be
filed with the Secretary, no later than
5:15 p.m., July 9, 2008, in accordance
with the requirements in the
‘‘Submissions’’ section below. All prehearing briefs and statements should be
filed not later than 5:15 p.m., July 15,
2008, and all post-hearing briefs and
statements should be filed not later than
5:15 p.m., July 29, 2008. In the event
that, as of the close of business on July
9, 2008, no witnesses are scheduled to
appear at the hearing, the hearing will
be canceled. Any person interested in
attending the hearing as an observer or
nonparticipant may call the Secretary to
the Commission (202–205–2000) after
July 9, 2008, for information concerning
whether the hearing will be held.
Written Submissions: In lieu of or in
addition to participating in the hearing,
interested parties are invited to submit
written statements concerning this
investigation. All written submissions
should be addressed to the Secretary,
and should be received not later than
5:15 p.m., July 29, 2008. All written
submissions must conform with the
provisions of section 201.8 of the
Commission’s Rules of Practice and
Procedure (19 CFR 201.8). Section 201.8
requires that a signed original (or a copy
so designated) and fourteen (14) copies
of each document be filed. In the event
that confidential treatment of a
document is requested, at least four (4)
additional copies must be filed, in
which the confidential information
must be deleted (see the following
paragraph for further information
regarding confidential business
information). The Commission’s rules
authorize filing submissions with the
Secretary by facsimile or electronic
means only to the extent permitted by
VerDate Aug<31>2005
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section 201.8 of the rules (see Handbook
for Electronic Filing Procedures, https://
www.usitc.gov/secretary/
fed_reg_notices/rules/documents/
handbook_on_electronic_filing.pdf).
Persons with questions regarding
electronic filing should contact the
Secretary (202–205–2000).
Any submissions that contain
confidential business information must
also conform with the requirements of
section 201.6 of the Commission’s Rules
of Practice and Procedure (19 CFR
201.6). Section 201.6 of the rules
requires that the cover of the document
and the individual pages be clearly
marked as to whether they are the
‘‘confidential’’ or ‘‘non-confidential’’
version, and that the confidential
business information be clearly
identified by means of brackets. All
written submissions, except for
confidential business information, will
be made available for inspection by
interested parties.
Committee staff has indicated that the
Committee intends to make the
Commission’s report available to the
public in its entirety, and has asked that
the Commission not include any
confidential business information or
national security classified information
in the report that the Commission sends
to the Committee. Any confidential
business information received by the
Commission in this investigation and
used in preparing this report will not be
published in a manner that would
reveal the operations of the firm
supplying the information.
Issued: May 21, 2008.
By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E8–11842 Filed 5–27–08; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Inv. No. 337–TA–649]
In the Matter of Certain Semiconductor
Chips with Minimized Chip Package
Size and Products Containing Same
(IV); 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
April 21, 2008, under section 337 of the
Tariff Act of 1930, as amended, 19
U.S.C. 1337, on behalf of Tessera, Inc.
PO 00000
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Sfmt 4703
of San Jose, California. A supplement to
the complaint was filed on May 14,
2008. 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 semiconductor chips with
minimized chip package size and
products containing same that infringe
certain claims of U.S. Patent No.
5,679,977, U.S. Patent No. 5,852,326
and U.S. Patent No. 6,433,419. 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
exclusion orders 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 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.
FOR FURTHER INFORMATION CONTACT:
Kecia J. Reynolds, Esq., Office of Unfair
Import Investigations, U.S. International
Trade Commission, telephone (202)
205–2580.
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
(2007).
Scope of Investigation: Having
considered the complaint, the U.S.
International Trade Commission, on
May 20, 2008, 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
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Federal Register / Vol. 73, No. 103 / Wednesday, May 28, 2008 / Notices
United States, the sale for importation,
or the sale within the United States after
importation of certain semiconductor
chips with minimized chip package size
or products containing same that
infringe one or more of claims 1, 2, 6,
12, 16–19, 21, 24–26, and 29 of U.S.
Patent No. 5,852,326; claims 1–11, 14,
15, 19, and 22–24 of U.S. Patent No.
6,433,419; and claim 17 of U.S. Patent
No. 5,679,977; 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—Tessera, Inc.,
3099 Orchard Drive, San Jose, California
95134.
(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:
ASE Inc., 26 Chin Third Road, Nantze
Export Processing Zone, Nantze,
Kaohsiung, Taiwan.
ASE Test Limited, 10 West Fifth
Street, Nantze Export Processing Zone,
Kaohsiung, Taiwan.
ASE (U.S.) Inc., 3590 Peterson Way,
Santa Clara, California 95054.
ChipMOS Technologies Inc., No. 1
R&D Road 1, Science Based Industrial
Park, Hsinchu, Taiwan.
ChipMOS Technologies (Bermuda)
Ltd., 11F, No. 3, Lane 91, Dongmei
Road, Hsinchu, Taiwan.
ChipMOS USA Inc., 2890 N 1st Street,
San Jose, California 95134.
Siliconware Precision Industries, Co.,
Ltd., No. 123, Sec. 3, Da Fong Road,
Tantzu, Taichung, Taiwan.
Siliconware USA Inc., 1735
Technology Drive, #300, San Jose,
California 95110.
STATS Chippac (BVI) Limited,
Craigmuir Chambers, Road Town,
Tortola, British Virgin Islands.
STATS Chippac, Ltd., 10 Ang Mo Kio
Street 65, #50–17/20, Techpoint,
Singapore 569059.
STATS Chippac, Inc., 47400 Kato
Road, Fremont, California 94538.
(c) The Commission investigative
attorney, party to this investigation, is
Kecia J. Reynolds, 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 Theodore Essex is
designated as the presiding
administrative law judge.
Any order deciding a motion for stay
should be issued in the form of an
initial determination (ID).
Responses to the complaint and the
notice of investigation must be
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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.
Issued: May 21, 2008.
By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E8–11844 Filed 5–27–08; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–627]
In the Matter of Certain Short
Wavelength Semiconductor Lasers
and Products Containing Same; Notice
of Commission Decision Not To
Review an Initial Determination
Granting Complainant’s Motion To
Amend the Complaint to Add Five
Additional Respondents
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
SUMMARY: Notice is hereby given that
the U.S. International Trade
Commission has determined not to
review an initial determination (‘‘ID’’)
(Order No. 6) issued by the presiding
administrative law judge (‘‘ALJ’’)
granting a motion to file an amended
complaint adding five additional
respondents in the above-captioned
investigation.
FOR FURTHER INFORMATION CONTACT: Paul
M. Bartkowski, Office of the General
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Counsel, U.S. International Trade
Commission, 500 E Street, SW.,
Washington, DC 20436, telephone (202)
708–5432. 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.
This
investigation was instituted on January
3, 2008, based on a complaint filed by
Seoul Semiconductor Company, Ltd.
(‘‘SSC’’) of Seoul, Korea. The complaint,
as supplemented, 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 short wavelength
semiconductor lasers (‘‘SWCLs’’) and
products containing the same that
infringe claim 1 of U.S. Patent No.
5,321,713. The complaint initially
named Nichia Corporation (‘‘Nichia’’) of
Tokushima, Japan as the sole
respondent.
On April 22, 2008, SSC moved to file
an amended complaint naming the
following five additional respondents:
Hitachi, Ltd. of Tokyo, Japan; Hitachi
America, Ltd. of Brisbane, CA;
Panasonic Communications Co., Ltd. of
Fukuoka, Japan; Matsushita Electric
Industrial Co., Ltd. of Osaka, Japan; and
LaCie Ltd. of Hillsboro, OR. On May 1,
2008, the Commission investigative
attorney filed a response conditionally
supporting the motion and Nichia filed
an opposition to the motion.
On May 2, 2008, the ALJ issued the
subject ID granting the motion. No
petitions for review were filed. The
Commission has determined not to
review the subject ID.
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
sections 210.14 and 210.42 of the
Commission’s Rules of Practice and
Procedure (19 CFR 210.14, 210.42).
SUPPLEMENTARY INFORMATION:
Issued: May 21, 2008.
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]]>Agencies
[Federal Register Volume 73, Number 103 (Wednesday, May 28, 2008)]
[Notices]
[Pages 30628-30629]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-11844]
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Inv. No. 337-TA-649]
In the Matter of Certain Semiconductor Chips with Minimized Chip
Package Size and Products Containing Same (IV); Notice of Investigation
AGENCY: U.S. International Trade Commission.
ACTION: Institution of investigation pursuant to 19 U.S.C. 1337.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that a complaint was filed with the
U.S. International Trade Commission on April 21, 2008, under section
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of
Tessera, Inc. of San Jose, California. A supplement to the complaint
was filed on May 14, 2008. 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 semiconductor chips with minimized chip package size and
products containing same that infringe certain claims of U.S. Patent
No. 5,679,977, U.S. Patent No. 5,852,326 and U.S. Patent No. 6,433,419.
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 exclusion orders 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 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.
FOR FURTHER INFORMATION CONTACT: Kecia J. Reynolds, Esq., Office of
Unfair Import Investigations, U.S. International Trade Commission,
telephone (202) 205-2580.
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 (2007).
Scope of Investigation: Having considered the complaint, the U.S.
International Trade Commission, on May 20, 2008, 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
[[Page 30629]]
United States, the sale for importation, or the sale within the United
States after importation of certain semiconductor chips with minimized
chip package size or products containing same that infringe one or more
of claims 1, 2, 6, 12, 16-19, 21, 24-26, and 29 of U.S. Patent No.
5,852,326; claims 1-11, 14, 15, 19, and 22-24 of U.S. Patent No.
6,433,419; and claim 17 of U.S. Patent No. 5,679,977; 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--Tessera, Inc., 3099 Orchard Drive, San
Jose, California 95134.
(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:
ASE Inc., 26 Chin Third Road, Nantze Export Processing Zone,
Nantze, Kaohsiung, Taiwan.
ASE Test Limited, 10 West Fifth Street, Nantze Export Processing
Zone, Kaohsiung, Taiwan.
ASE (U.S.) Inc., 3590 Peterson Way, Santa Clara, California 95054.
ChipMOS Technologies Inc., No. 1 R&D Road 1, Science Based
Industrial Park, Hsinchu, Taiwan.
ChipMOS Technologies (Bermuda) Ltd., 11F, No. 3, Lane 91, Dongmei
Road, Hsinchu, Taiwan.
ChipMOS USA Inc., 2890 N 1st Street, San Jose, California 95134.
Siliconware Precision Industries, Co., Ltd., No. 123, Sec. 3, Da
Fong Road, Tantzu, Taichung, Taiwan.
Siliconware USA Inc., 1735 Technology Drive, 300, San
Jose, California 95110.
STATS Chippac (BVI) Limited, Craigmuir Chambers, Road Town,
Tortola, British Virgin Islands.
STATS Chippac, Ltd., 10 Ang Mo Kio Street 65, 50-17/20,
Techpoint, Singapore 569059.
STATS Chippac, Inc., 47400 Kato Road, Fremont, California 94538.
(c) The Commission investigative attorney, party to this
investigation, is Kecia J. Reynolds, 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 Theodore
Essex is designated as the presiding administrative law judge.
Any order deciding a motion for stay should be issued in the form
of an initial determination (ID).
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.
Issued: May 21, 2008.
By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E8-11844 Filed 5-27-08; 8:45 am]
BILLING CODE 7020-02-P
