In the Matter of Certain Liquid Crystal Display Modules, Products Containing Same, and Methods Using the Same; Final Commission Determination of Violation; Issuance of a Limited Exclusion Order and Cease and Desist Orders; and Termination of the Investigation, 58978-58979 [E9-27374]

Download as PDF 58978 Federal Register / Vol. 74, No. 219 / Monday, November 16, 2009 / Notices Dated: November 6, 2009. Lisa J. Lierheimer, Senior Permit Biologist, Branch of Permits, Division of Management Authority [FR Doc. E9–27362 Filed 11–13–09; 8:45 am] BILLING CODE 4310–55–S INTERNATIONAL TRADE COMMISSION [Investigation Nos. 701–TA–472 and 731– TA–1171–1172 (Preliminary)] Certain Standard Steel Fasteners From China and Taiwan; Determinations mstockstill on DSKH9S0YB1PROD with NOTICES On the basis of the record 1 developed in the subject investigations, the United States International Trade Commission (Commission) determines, pursuant to sections 703(a) and 733(a) of the Tariff Act of 1930 (19 U.S.C. 1671b(a) and 1673b(a)) (the Act), that there is no reasonable indication that an industry in the United States is materially injured or threatened with material injury, or that the establishment of an industry in the United States is materially retarded, by reason of imports from China and Taiwan of certain standard steel fasteners (‘‘CSSF’’), provided for in subheadings 7318.15.20, 7318.15.80, and 7318.16.00 of the Harmonized Tariff Schedule of the United States. CSSF imported from China are alleged to be subsidized and sold in the United States at less than fair value (LTFV). CSSF imported from Taiwan are alleged to be sold in the United States at LTFV. Background On September 23, 2009, petitions were filed with the Commission and Commerce by Nucor Fastener Division, St. Joe, Indiana, alleging that an industry in the United States is materially injured and threatened with material injury by reason of LTFV and subsidized imports of CSSF from China and LTFV imports of CSSF from Taiwan. Accordingly, effective September 23, 2009, the Commission instituted countervailing duty investigation No. 701–TA–472 and antidumping duty investigations Nos. 731–TA–1171–1172 (Preliminary). Notice of the institution of the Commission’s investigations and of a public conference to be held in connection therewith was given by posting copies of the notice in the Office of the Secretary, U.S. International Trade Commission, Washington, DC, and by publishing the notice in the 1 The record is defined in sec. 207.2(f) of the Commission’s Rules of Practice and Procedure (19 CFR 207.2(f)). VerDate Nov<24>2008 16:41 Nov 13, 2009 Jkt 220001 Federal Register of September 29, 2009 (74 FR 49889). The conference was held in Washington, DC, on October 14, 2009, and all persons who requested the opportunity were permitted to appear in person or by counsel. The Commission transmitted its determinations in these investigations to the Secretary of Commerce on November 9, 2009. The views of the Commission are contained in USITC Publication 4109 (November 2009), entitled Certain Standard Steel Fasteners from China and Taiwan: Investigation Nos. 701–TA–472 and 731–TA–1171–1172 (Preliminary). By order of the Commission. Issued: November 9, 2009. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E9–27375 Filed 11–13–09; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–634] In the Matter of Certain Liquid Crystal Display Modules, Products Containing Same, and Methods Using the Same; Final Commission Determination of Violation; Issuance of a Limited Exclusion Order and Cease and Desist Orders; and 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 terminated the abovecaptioned investigation with a finding of violation of section 337, and has issued a limited exclusion order directed against products of respondents Samsung Electronics Co., Ltd. of Korea; Samsung Electronics America, Inc. of Ridgefield Park, New Jersey; and Samsung Semiconductor, Inc. of San Jose, California; and has issued cease and desist orders against Samsung Electronics America, Inc. and Samsung Semiconductor, Inc. FOR FURTHER INFORMATION CONTACT: Clint Gerdine, Esq., Office of the General Counsel, U.S. International Trade Commission, 500 E Street, SW., Washington, DC 20436, telephone (202) 708–2310. 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 PO 00000 Frm 00042 Fmt 4703 Sfmt 4703 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 March 4, 2008, based on a complaint filed by Sharp Corporation (‘‘Sharp’’) of Japan. 73 FR 11678. The complaint, as amended and supplemented, alleges violations of section 337 of the Tariff Act of 1930, as amended, 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 liquid crystal display devices, products containing same, and methods for using the same by reason of infringement of certain claims of U.S. Patent Nos. 6,879,364 (‘‘the ’364 patent’’); 6,952,192 (‘‘the ’192 patent’’); 7,304,703 (‘‘the ’703 patent’’); and 7,304,626 (‘‘the ’626 patent’’). The complaint further alleges the existence of a domestic industry. The Commission’s notice of investigation named the following respondents: Samsung Electronics Co., Ltd. of Korea; Samsung Electronics America, Inc. of Ridgefield Park, New Jersey; and Samsung Semiconductor, Inc. of San Jose, California (collectively, ‘‘Samsung’’). On June 12, 2009, the ALJ issued his final ID finding a violation of section 337 by Samsung. He also issued his recommendation on remedy and bonding during the period of Presidential review. On June 29, 2009, Samsung and the Commission investigative attorney (‘‘IA’’) filed petitions for review of the final ID. The IA and Sharp filed responses to the petitions on July 7, 2009. On September 9, 2009, the Commission issued notice of its determination not to review the ALJ’s final ID and requested written submissions on the issues of remedy, the public interest, and bonding from the parties and interested non-parties. 74 FR 47616–17 (Sept. 16, 2009). On September 16 and 23, 2009, respectively, complainant Sharp, the Samsung respondents, and the IA filed briefs and reply briefs on the issues for which the Commission requested written submissions. On September 21, 2009, Samsung filed a petition for reconsideration of the Commission’s E:\FR\FM\16NON1.SGM 16NON1 mstockstill on DSKH9S0YB1PROD with NOTICES Federal Register / Vol. 74, No. 219 / Monday, November 16, 2009 / Notices determination not to review certain portions of the final ID. On October 19, 2009, the Commission issued an order denying the petition for reconsideration. On October 30, 2009, Samsung filed a supplemental submission on the issues of remedy, the public interest, and bonding. On November 2 and 3, 2009, respectively, Sharp and the IA filed a response to Samsung’s supplemental submission. The Commission has made its determination on the issues of remedy, the public interest, and bonding. The Commission has determined that the appropriate form of relief is both: (1) A limited exclusion order prohibiting the unlicensed entry of LCD devices, including display panels and modules, and products containing the same that infringe one or more of (i) claims 5–7 of the ’364 patent; (ii) claims 1 and 4 of the ’192 patent; (iii) claims 1–2, 6–8, 13–14, and 16–17 of the ’703 patent; and (iv) claims 10, 17, and 20 of the ’626 patent, where the infringing LCD devices are manufactured abroad by or on behalf of, or are imported by or on behalf of, Samsung, or any of its affiliated companies, parents, subsidiaries, licensees, contractors, or other related business entities, or successors or assigns; and (2) cease and desist orders prohibiting Samsung Electronics America, Inc. and Samsung Semiconductor, Inc. from conducting any of the following activities in the United States: Importing, selling, marketing, advertising, distributing, offering for sale, transferring (except for exportation), and soliciting U.S. agents or distributors for, LCD devices, including display panels and modules, and products containing the same that infringe one or more of (i) Claims 5–7 of the ’364 patent; (ii) claims 1 and 4 of the ’192 patent; (iii) claims 1–2, 6–8, 13–14, and 16–17 of the ’703 patent; and (iv) claims 10, 17, and 20 of the ’626 patent. The Commission further determined that the public interest factors enumerated in section 337(d)(1) (19 U.S.C. 1337(d)(1)) do not preclude issuance of the limited exclusion order or the cease and desist order. Finally, the Commission determined that a 100 percent bond of the entered value of the covered products is required to permit temporary importation during the period of Presidential review (19 U.S.C. 1337(j)). The Commission’s orders and opinion were delivered to the President and to the United States Trade Representative on the day of their issuance. The Commission has terminated this investigation. The authority for the Commission’s determination is VerDate Nov<24>2008 16:41 Nov 13, 2009 Jkt 220001 contained in section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and in sections 210.42, 210.45, and 210.50 of the Commission’s Rules of Practice and Procedure (19 CFR 210.42, 210.45, 210.50). Issued: November 9, 2009. By order of the Commission. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E9–27374 Filed 11–13–09; 8:45 am] BILLING CODE 7020–06–P DEPARTMENT OF JUSTICE Bureau of Alcohol, Tobacco, Firearms and Explosives [OMB Number 1140–0074] Agency Information Collection Activities: Proposed Collection; Comments Requested ACTION: 30-day Notice of Information Collection Under Review: List of Responsible Persons. The Department of Justice (DOJ), Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) will be submitting the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995. The proposed information collection is published to obtain comments from the public and affected agencies. This proposed information collection was previously published in the Federal Register Volume 74, Number 173, pages 46466– 46467, on September 9, 2009, allowing for a 60-day comment period. The purpose of this notice is to allow for an additional 30 days for public comment until December 16, 2009. This process is conducted in accordance with 5 CFR 1320.10. Written comments and/or suggestions regarding the items contained in this notice, especially the estimated public burden and associated response time, should be directed to The Office of Management and Budget, Office of Information and Regulatory Affairs, Attention Department of Justice Desk Officer, Washington, DC 20503. Additionally, comments may be submitted to OMB via facsimile to (202) 395–5806. Written comments and suggestions from the public and affected agencies concerning the proposed collection of information are encouraged. Your comments should address one or more of the following four points: PO 00000 Frm 00043 Fmt 4703 Sfmt 4703 58979 —Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; —Evaluate the accuracy of the agency’s estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; —Enhance the quality, utility, and clarity of the information to be collected; and —Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. Overview of This Information Collection (1) Type of Information Collection: Extension of a currently approved collection. (2) Title of the Form/Collection: List of Responsible Persons. (3) Agency form number, if any, and the applicable component of the Department of Justice sponsoring the collection: Form Number: None. Bureau of Alcohol, Tobacco, Firearms and Explosives. (4) Affected public who will be asked or required to respond, as well as a brief abstract: Primary: Individuals or households. Other: Business or other for-profit. Abstract: All persons holding ATF explosives licenses or permits must report any change in responsible persons or employees authorized to possess explosive materials to ATF. Such report must be submitted within 30 days of the change and must include appropriate identifying information for each responsible person. (5) An estimate of the total number of respondents and the amount of time estimated for an average respondent to respond: There will be an estimated 50,000 respondents; it will take 1 hour to complete the report. (6) An estimate of the total burden (in hours) associated with the collection: There are an estimated 100,000 total burden hours associated with this collection. If additional information is required contact: Lynn Bryant, Department Clearance Officer, United States Department of Justice, Policy and Planning Staff, Justice Management Division, Suite 1600, Patrick Henry Building, 601 D Street, NW., Washington, DC 20530. E:\FR\FM\16NON1.SGM 16NON1

Agencies

[Federal Register Volume 74, Number 219 (Monday, November 16, 2009)]
[Notices]
[Pages 58978-58979]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-27374]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-634]


In the Matter of Certain Liquid Crystal Display Modules, Products 
Containing Same, and Methods Using the Same; Final Commission 
Determination of Violation; Issuance of a Limited Exclusion Order and 
Cease and Desist Orders; and 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 terminated the above-captioned investigation with a 
finding of violation of section 337, and has issued a limited exclusion 
order directed against products of respondents Samsung Electronics Co., 
Ltd. of Korea; Samsung Electronics America, Inc. of Ridgefield Park, 
New Jersey; and Samsung Semiconductor, Inc. of San Jose, California; 
and has issued cease and desist orders against Samsung Electronics 
America, Inc. and Samsung Semiconductor, Inc.

FOR FURTHER INFORMATION CONTACT: Clint Gerdine, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street, 
SW., Washington, DC 20436, telephone (202) 708-2310. 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 March 4, 2008, based on a complaint filed by Sharp Corporation 
(``Sharp'') of Japan. 73 FR 11678. The complaint, as amended and 
supplemented, alleges violations of section 337 of the Tariff Act of 
1930, as amended, 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 liquid crystal display devices, products 
containing same, and methods for using the same by reason of 
infringement of certain claims of U.S. Patent Nos. 6,879,364 (``the 
'364 patent''); 6,952,192 (``the '192 patent''); 7,304,703 (``the '703 
patent''); and 7,304,626 (``the '626 patent''). The complaint further 
alleges the existence of a domestic industry. The Commission's notice 
of investigation named the following respondents: Samsung Electronics 
Co., Ltd. of Korea; Samsung Electronics America, Inc. of Ridgefield 
Park, New Jersey; and Samsung Semiconductor, Inc. of San Jose, 
California (collectively, ``Samsung'').
    On June 12, 2009, the ALJ issued his final ID finding a violation 
of section 337 by Samsung. He also issued his recommendation on remedy 
and bonding during the period of Presidential review. On June 29, 2009, 
Samsung and the Commission investigative attorney (``IA'') filed 
petitions for review of the final ID. The IA and Sharp filed responses 
to the petitions on July 7, 2009. On September 9, 2009, the Commission 
issued notice of its determination not to review the ALJ's final ID and 
requested written submissions on the issues of remedy, the public 
interest, and bonding from the parties and interested non-parties. 74 
FR 47616-17 (Sept. 16, 2009).
    On September 16 and 23, 2009, respectively, complainant Sharp, the 
Samsung respondents, and the IA filed briefs and reply briefs on the 
issues for which the Commission requested written submissions. On 
September 21, 2009, Samsung filed a petition for reconsideration of the 
Commission's

[[Page 58979]]

determination not to review certain portions of the final ID. On 
October 19, 2009, the Commission issued an order denying the petition 
for reconsideration.
    On October 30, 2009, Samsung filed a supplemental submission on the 
issues of remedy, the public interest, and bonding. On November 2 and 
3, 2009, respectively, Sharp and the IA filed a response to Samsung's 
supplemental submission.
    The Commission has made its determination on the issues of remedy, 
the public interest, and bonding. The Commission has determined that 
the appropriate form of relief is both: (1) A limited exclusion order 
prohibiting the unlicensed entry of LCD devices, including display 
panels and modules, and products containing the same that infringe one 
or more of (i) claims 5-7 of the '364 patent; (ii) claims 1 and 4 of 
the '192 patent; (iii) claims 1-2, 6-8, 13-14, and 16-17 of the '703 
patent; and (iv) claims 10, 17, and 20 of the '626 patent, where the 
infringing LCD devices are manufactured abroad by or on behalf of, or 
are imported by or on behalf of, Samsung, or any of its affiliated 
companies, parents, subsidiaries, licensees, contractors, or other 
related business entities, or successors or assigns; and (2) cease and 
desist orders prohibiting Samsung Electronics America, Inc. and Samsung 
Semiconductor, Inc. from conducting any of the following activities in 
the United States: Importing, selling, marketing, advertising, 
distributing, offering for sale, transferring (except for exportation), 
and soliciting U.S. agents or distributors for, LCD devices, including 
display panels and modules, and products containing the same that 
infringe one or more of (i) Claims 5-7 of the '364 patent; (ii) claims 
1 and 4 of the '192 patent; (iii) claims 1-2, 6-8, 13-14, and 16-17 of 
the '703 patent; and (iv) claims 10, 17, and 20 of the '626 patent.
    The Commission further determined that the public interest factors 
enumerated in section 337(d)(1) (19 U.S.C. 1337(d)(1)) do not preclude 
issuance of the limited exclusion order or the cease and desist order. 
Finally, the Commission determined that a 100 percent bond of the 
entered value of the covered products is required to permit temporary 
importation during the period of Presidential review (19 U.S.C. 
1337(j)). The Commission's orders and opinion were delivered to the 
President and to the United States Trade Representative on the day of 
their issuance.
    The Commission has terminated this investigation. 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, 210.45, and 210.50 of the Commission's Rules of Practice and 
Procedure (19 CFR 210.42, 210.45, 210.50).

    Issued: November 9, 2009.

    By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E9-27374 Filed 11-13-09; 8:45 am]
BILLING CODE 7020-06-P
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