Certain Ceramic Capacitors and Products Containing Same; Notice of Investigation, 57193-57194 [E9-26548]

Download as PDF mstockstill on DSKH9S0YB1PROD with NOTICES Federal Register / Vol. 74, No. 212 / Wednesday, November 4, 2009 / Notices December 24, 1996, Amendment; ‘265 patent (JX–2) at column 14, lines 19–34; FIG. 7. Please cite record evidence and relevant legal authority to support your position. 3. Does Dr. Qu state anywhere in the record that he relied on his direct loading testing methodology to independently prove infringement of the asserted claims of the ‘977 and ‘627 patents by the accused packages? Please cite only record evidence. 4. Was Dr. Qu’s demonstrated stress relief in the solder balls of the accused packages due to terminal-to-chip displacement caused by the applied external load? Please cite only record evidence. 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(s) 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 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 VerDate Nov<24>2008 16:29 Nov 03, 2009 Jkt 220001 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. 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 parties to the investigation are requested to file written submissions on the issues identified in this notice. 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 address the recommended determination by the ALJ on remedy and bonding. Complainants and the IA 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 Friday, November 13, 2009. Reply submissions must be filed no later than the close of business on Friday, November 20, 2009. 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 sections 210.42–210.46 and 210.50 of the Commission’s Rules of Practice and Procedure (19 CFR *§ 210.42–210.46 and 210.50). By order of the Commission. PO 00000 Frm 00053 Fmt 4703 Sfmt 4703 57193 Issued: October 30, 2009. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E9–26546 Filed 11–3–09; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Inv. No. 337–TA–692] Certain Ceramic Capacitors and Products Containing Same; 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 October 1, 2009, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Murata Manufacturing Co., Ltd. of Japan and Murata Electronics North America, Inc. A supplement to the complaint was filed on October 28, 2009. 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 ceramic capacitors and products containing same by reason of infringement of certain claims of U.S. Patent Nos. 6,266,229; 6,014,309; 6,377,439; and 6,243,254. The complaint further alleges that an industry in the United States exists as required by subsection (a)(2) of section 337. The complainants request that the Commission institute an investigation and, after the investigation, issue an exclusion order 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 http:// E:\FR\FM\04NON1.SGM 04NON1 mstockstill on DSKH9S0YB1PROD with NOTICES 57194 Federal Register / Vol. 74, No. 212 / Wednesday, November 4, 2009 / Notices 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: Aarti Shah, Esq., Office of Unfair Import Investigations, U.S. International Trade Commission, telephone (202) 205–2657. 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 (2009). Scope of Investigation: Having considered the complaint, the U.S. International Trade Commission, on October 28, 2009, 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 ceramic capacitors or products containing same that infringe one or more of claims 1–4, 7–9, 11–14, 17–24, 28–31, 34–47, 51–53, 55, and 56 of U.S. Patent No. 6,266,229; claim 3 of U.S. Patent No. 6,014,309; claims 1–3, and 5 of U.S. Patent No. 6,377,439; and claims 1, 2, 9–14, 19, and 20 of U.S. Patent No. 6,243,254, 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 complainants are— Murata Manufacturing Co., Ltd., 10–1 Higashikotari 1-chome, Nagaokakyoshi, Kyoto, Japan 617–8555. Murata Electronics North America, Inc., 2200 Lake Park Drive, Smyrna, Georgia 30080. (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: Samsung Electro-Mechanics Co., Ltd., 314 Maetan-3-dong, Yeongtong-gu, Suwon City 443–743, Korea. Samsung Electro-Mechanics America, Inc., 3345 Michelson Drive, Suite 350, Irvine, CA 92612. (c) The Commission investigative attorney, party to this investigation, is Aarti Shah, Esq., 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 Paul J. Luckern, Chief VerDate Nov<24>2008 16:29 Nov 03, 2009 Jkt 220001 Administrative Law Judge, U.S. International Trade Commission, shall designate 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 an exclusion order or a cease and desist order or both directed against the respondent. By order of the Commission. Issued: October 29, 2009. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E9–26548 Filed 11–3–09; 8:45 am] BILLING CODE 7020–02–P DEPARTMENT OF JUSTICE assist in professional contacts to benefit the Department’s business practices. This system covers employee directory information located on the Department’s internal e-mail system as well as directories maintained by components. This system notice also replaces, and the Department hereby removes, the following system notice, previously published by the Environment and Natural Resources Division: ‘‘Personnel Locator System, Environment and Natural Resources Division (ENRD– 002),’’ 73 FR 39,722 (July 10, 2008). DATES: In accordance with 5 U.S.C. 552a(e)(4) and (11), the public is given a 30-day period in which to comment, and the Office of Management and Budget (OMB), which has oversight responsibility under the Act, requires a 40-day period in which to conclude its review of the system. Therefore, please submit any comments by December 14, 2009. ADDRESSES: The public, OMB, and Congress are invited to submit any comments to the Department of Justice, Attn: Robin N. Moss, Privacy Analyst, Office of Privacy and Civil Liberties, Department of Justice, National Place Building, 1331 Pennsylvania Avenue, NW., Suite 940, Washington, DC 20530. FOR FURTHER INFORMATION CONTACT: Robin N. Moss, Privacy Analyst, Office of Privacy and Civil Liberties, Department of Justice, National Place Building, 1331 Pennsylvania Avenue, NW., Suite 940, Washington, DC 20530. In accordance with 5 U.S.C. 552a(r), the Department has provided a report to OMB and Congress on the new system of records. Dated: October 29, 2009. Nancy C. Libin, Chief Privacy and Civil Liberties Officer, Department of Justice. [CPCLO Order No. 004–2009] DEPARTMENT OF JUSTICE JUSTICE/DOJ–014 Privacy Act of 1974; System of Records SYSTEM NAME: AGENCY: United States Department of Justice. ACTION: Notice of a new system of records and notice to remove a system of records. SUMMARY: Pursuant to the Privacy Act of 1974 (5 U.S.C. 552a), the United States Department of Justice (‘‘Department’’), proposes to establish a new system of records to maintain employee directory information entitled, ‘‘Employee Directory Systems for the Department of Justice,’’ JUSTICE/DOJ–014. The Department maintains employee directory information in order to facilitate employee collaboration and PO 00000 Frm 00054 Fmt 4703 Sfmt 4703 Employee Directory Systems for the Department of Justice SECURITY CLASSIFICATION: Sensitive But Unclassified Information and/or Controlled Unclassified Information SYSTEM LOCATION: United States Department of Justice, 950 Pennsylvania Ave., NW., Washington, DC 20530–0001, and other Department of Justice offices throughout the United States and abroad. CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: Employees, former employees, detailees, student aides, law clerks, E:\FR\FM\04NON1.SGM 04NON1

Agencies

[Federal Register Volume 74, Number 212 (Wednesday, November 4, 2009)]
[Notices]
[Pages 57193-57194]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-26548]


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 INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-692]


Certain Ceramic Capacitors and Products Containing Same; 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 October 1, 2009, under section 
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
Murata Manufacturing Co., Ltd. of Japan and Murata Electronics North 
America, Inc. A supplement to the complaint was filed on October 28, 
2009. 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 ceramic 
capacitors and products containing same by reason of infringement of 
certain claims of U.S. Patent Nos. 6,266,229; 6,014,309; 6,377,439; and 
6,243,254. The complaint further alleges that an industry in the United 
States exists as required by subsection (a)(2) of section 337.
    The complainants request that the Commission institute an 
investigation and, after the investigation, issue an exclusion order 
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 http://

[[Page 57194]]

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: Aarti Shah, Esq., Office of Unfair 
Import Investigations, U.S. International Trade Commission, telephone 
(202) 205-2657. 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 (2009).
    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on October 28, 2009, 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 ceramic 
capacitors or products containing same that infringe one or more of 
claims 1-4, 7-9, 11-14, 17-24, 28-31, 34-47, 51-53, 55, and 56 of U.S. 
Patent No. 6,266,229; claim 3 of U.S. Patent No. 6,014,309; claims 1-3, 
and 5 of U.S. Patent No. 6,377,439; and claims 1, 2, 9-14, 19, and 20 
of U.S. Patent No. 6,243,254, 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 complainants are--

Murata Manufacturing Co., Ltd., 10-1 Higashikotari 1-chome, Nagaokakyo-
shi, Kyoto, Japan 617-8555.
Murata Electronics North America, Inc., 2200 Lake Park Drive, Smyrna, 
Georgia 30080.

    (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:

Samsung Electro-Mechanics Co., Ltd., 314 Maetan-3-dong, Yeongtong-gu, 
Suwon City 443-743, Korea.
Samsung Electro-Mechanics America, Inc., 3345 Michelson Drive, Suite 
350, Irvine, CA 92612.

    (c) The Commission investigative attorney, party to this 
investigation, is Aarti Shah, Esq., 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 Paul J. 
Luckern, Chief Administrative Law Judge, U.S. International Trade 
Commission, shall designate 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 an exclusion order or 
a cease and desist order or both directed against the respondent.

    By order of the Commission.

    Issued: October 29, 2009.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E9-26548 Filed 11-3-09; 8:45 am]
BILLING CODE 7020-02-P