Certain Flash Memory Chips and Products Containing Same; Institution of Investigation, 55095-55096 [2013-21846]
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Federal Register / Vol. 78, No. 174 / Monday, September 9, 2013 / Notices
55095
INTERNATIONAL TRADE
COMMISSION
[Investigation Nos. 701–TA–365–366 and
731–TA–734–735 (Third Review)]
U.S. International Trade Commission,
telephone (202) 205–2560.
[Investigation No. 337–TA–893]
INTERNATIONAL TRADE
COMMISSION
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
(2013).
Certain Pasta From Italy and Turkey
Certain Flash Memory Chips and
Products Containing Same; Institution
of Investigation
Determinations
AGENCY:
On the basis of the record 1 developed
in the subject five-year reviews, the
United States International Trade
Commission (Commission) determines,
pursuant to section 751(c) of the Tariff
Act of 1930 (19 U.S.C. 1675(c)), that
revocation of the countervailing and
antidumping duty orders on certain
pasta from Italy and Turkey would be
likely to lead to continuation or
recurrence of material injury to an
industry in the United States within a
reasonably foreseeable time.2
Background
The Commission instituted these
reviews on September 4, 2012 (77 FR
53909) and determined on December 10,
2012 that it would conduct full reviews
(78 FR 959, January 7, 2013). Notice of
the scheduling of the Commission’s
reviews and of a public hearing 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 Federal Register on
February 12, 2013 (78 FR 9937). A
revised scheduling notice was
subsequently published in the Federal
Register on March 8, 2013 (78 FR
15046). The hearing was held in
Washington, DC, on July 11, 2013, and
all persons who requested the
opportunity were permitted to appear in
person or by counsel.
The Commission transmitted its
determinations in these reviews to the
Secretary of Commerce on August 30,
2013. The views of the Commission are
contained in USITC Publication 4423
(August 2013), entitled Certain Pasta
from Italy and Turkey: Investigation
Nos. 701–TA–365–366 and 731–TA–
734–735 (Third Review).
Issued: September 3, 2013.
By order of the Commission.
Lisa R. Barton,
Acting Secretary to the Commission.
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[FR Doc. 2013–21841 Filed 9–6–13; 8:45 am]
BILLING CODE 7020–02–P
1 The record is defined in sec. 207.2(f) of the
Commission’s Rules of Practice and Procedure (19
CFR 207.2(f)).
2 Commissioners David S. Johanson and Meredith
M. Broadbent dissenting with respect to imports of
certain pasta from Turkey.
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U.S. International Trade
Commission.
ACTION: Notice.
Notice is hereby given that a
complaint was filed with the U.S.
International Trade Commission on
August 1, 2013, under section 337 of the
Tariff Act of 1930, as amended, 19
U.S.C. 1337, on behalf of Spansion LLC
of Sunnyvale, California. 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 flash memory
chips and products containing the same
by reason of infringement of certain
claims of U.S. Patent No. 6,369,416
(‘‘the ’416 patent’’); U.S. Patent No.
6,900,124 (‘‘the ’124 patent’’); U.S.
Patent No. 7,018,922 (‘‘the ’922 patent’’);
U.S. Patent No. 6,459,625 (‘‘the ’625
patent’’); U.S. Patent No. 7,151,027 (‘‘the
’027 patent’’); and U.S. Patent No.
6,731,536 (‘‘the ’536 patent’’). 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
general 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 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: The
Office of Unfair Import Investigations,
SUMMARY:
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Scope of Investigation: Having
considered the complaint, the U.S.
International Trade Commission, on
September 3, 2013, 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 flash memory
chips and products containing the same
by reason of infringement of one or
more of claims 1–3 of the ’416 patent;
claims 1, 4–6, 9, and 10 of the ’124
patent; claims 1 and 4–6 of the ’922
patent; claims 1–14 of the ’625 patent;
claims 1–14 of the ’027 patent; and
claims 1–23 of the ’536 patent, 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: Spansion LLC,
915 DeGuigne Drive, Sunnyvale, CA
94085.
(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:
Macronix International Co., Ltd., No. 16,
Li-Hsin Road, Science Park, Hsinchu, Taiwan.
Macronix America, Inc., 680 North
McCarthy Boulevard, Suite 200,
Milpitas, CA 95035.
Macronix Asia Limited, NKF Bldg. 5F
1–2 Higashida-cho, Kawasaki-ku,
Kawasaki-shi, Kanagawa Pref. 210–
0005, Japan.
Macronix (Hong Kong) Co., Ltd., 702–
703, 7/F, Building 9, Hong Kong
Science Park, 5 Science Park West
Avenue, Sha Tin, N.T., Hong Kong.
Acer Inc., 8F, 88, Sec. 1, Xintai 5th
Road, Xizhi, New Taipei City 221,
Taiwan.
Acer America Corporation, 333 West
San Carlos Street, Suite 1500, San
Jose, CA 95110.
ASUSTek Computer Inc., No. 15, Li-Te
Road, Beitou District, Taipei 112,
Taiwan.
Asus Computer International, 800
Corporate Way, Fremont, CA 94539.
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Federal Register / Vol. 78, No. 174 / Monday, September 9, 2013 / Notices
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Belkin International, Inc., 12045 E.
Waterfront Drive, Playa Vista, CA
90094.
D-Link Corporation, No. 289, Sinhu 3rd
Road, Neihu District, Taipei City
114, Taiwan.
D-Link System, Inc., 17595 Mount
Herrmann Street, Fountain Valley,
CA 92708.
Netgear Inc., 350 East Plumeria Drive,
San Jose, CA 95134.
Nintendo Co., Ltd., 11–1 Kamitobohokotate-cho, Minami-ku, Kyoto,
Japan.
Nintendo of America, Inc., 4600 150th
Avenue NE., Richmond, WA 98052.
(c) The 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 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(e) 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.
INTERNATIONAL TRADE
COMMISSION
[Investigation Nos. 731–TA–1224–1225
(Preliminary)]
Ferrosilicon from Russia and
Venezuela
Determination
On the basis of the record 1 developed
in the subject investigations, the United
States International Trade Commission
(Commission) determines, pursuant to
section 733(a) of the Tariff Act of 1930
(19 U.S.C. 1673b(a)) (the Act), that there
is a reasonable indication that an
industry in the United States is
materially injured by reason of imports
from Russia and Venezuela of
ferrosilicon, provided for in
subheadings 7202.21.10, 7202.21.50,
7202.21.75, 7202.21.90, and 7202.29.00
of the Harmonized Tariff Schedule of
the United States, that are alleged to be
sold in the United States at less than fair
value (LTFV).
Commencement of Final Phase
Investigation
Pursuant to section 207.18 of the
Commission’s rules, the Commission
also gives notice of the commencement
of the final phase of its investigations.
The Commission will issue a final phase
notice of scheduling, which will be
published in the Federal Register as
provided in section 207.21 of the
Commission’s rules, upon notice from
the Department of Commerce
(Commerce) of an affirmative
preliminary determination in the
investigation under section 733(b) of the
Act, or, if the preliminary determination
is negative, upon notice of an
affirmative final determination in that
investigation under section 735(a) of the
Act. Parties that filed entries of
appearance in the preliminary phase of
the investigations need not enter a
separate appearance for the final phase
of the investigations. 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 and
countervailing duty investigations. The
Secretary will prepare a public service
list containing the names and addresses
of all persons, or their representatives,
who are parties to the investigations.
Issued: September 4, 2013.
By order of the Commission.
Lisa R. Barton,
Acting Secretary to the Commission.
Background
On July 19, 2013, a petition was filed
with the Commission and Commerce by
[FR Doc. 2013–21846 Filed 9–6–13; 8:45 am]
1 The record is defined in sec. 207.2(f) of the
Commission’s Rules of Practice and Procedure (19
CFR 207.2(f)).
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Globe Specialty Metals, Inc. (‘‘GSM’’),
New York, New York; CC Metals and
Alloys, LLC (‘‘CCMA’’), Calvert City,
Kentucky; the United Steel, Paper and
Forestry, Rubber, Manufacturing,
Energy, Allied Industrial and Service
Workers International Union (‘‘USW’’);
and the International Union, United
Automobile, Aerospace and Agricultural
Implement Workers of America
(‘‘UAW’’), alleging that an industry in
the United States is materially injured
and threatened with material injury by
reason of LTFV imports of ferrosilicon
from Russia and Venezuela.
Accordingly, effective July 19, 2013, the
Commission instituted antidumping
duty investigation nos. 731–TA–1224–
1225 (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
Federal Register of July 25, 2013 (78 FR
44969). The conference was held in
Washington, DC, on August 9, 2013, 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
September 3, 2013. The views of the
Commission are contained in USITC
Publication 4426 (September 2013),
entitled Ferrosilicon from Russia and
Venezuela: Investigation Nos. 731–TA–
1224–1225 (Preliminary).
Issued: September 3, 2013.
By order of the Commission.
Lisa R. Barton,
Acting Secretary to the Commission.
[FR Doc. 2013–21842 Filed 9–6–13; 8:45 am]
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INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–892]
Certain Point-to-Point Network
Communication Devices and Products
Containing Same; Institution of
Investigation
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
Notice is hereby given that a
complaint was filed with the U.S.
International Trade Commission on
August 1, 2013, under section 337 of the
Tariff Act of 1930, as amended, 19
SUMMARY:
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Agencies
[Federal Register Volume 78, Number 174 (Monday, September 9, 2013)]
[Notices]
[Pages 55095-55096]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-21846]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-893]
Certain Flash Memory Chips and Products Containing Same;
Institution of Investigation
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that a complaint was filed with the
U.S. International Trade Commission on August 1, 2013, under section
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of
Spansion LLC of Sunnyvale, California. 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 flash memory chips and products containing the
same by reason of infringement of certain claims of U.S. Patent No.
6,369,416 (``the '416 patent''); U.S. Patent No. 6,900,124 (``the '124
patent''); U.S. Patent No. 7,018,922 (``the '922 patent''); U.S. Patent
No. 6,459,625 (``the '625 patent''); U.S. Patent No. 7,151,027 (``the
'027 patent''); and U.S. Patent No. 6,731,536 (``the '536 patent'').
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 general 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 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: The Office of Unfair Import
Investigations, U.S. International Trade Commission, telephone (202)
205-2560.
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 (2013).
Scope of Investigation: Having considered the complaint, the U.S.
International Trade Commission, on September 3, 2013, 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 flash memory
chips and products containing the same by reason of infringement of one
or more of claims 1-3 of the '416 patent; claims 1, 4-6, 9, and 10 of
the '124 patent; claims 1 and 4-6 of the '922 patent; claims 1-14 of
the '625 patent; claims 1-14 of the '027 patent; and claims 1-23 of the
'536 patent, 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: Spansion LLC, 915 DeGuigne Drive,
Sunnyvale, CA 94085.
(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:
Macronix International Co., Ltd., No. 16, Li-Hsin Road, Science Park,
Hsin-chu, Taiwan.
Macronix America, Inc., 680 North McCarthy Boulevard, Suite 200,
Milpitas, CA 95035.
Macronix Asia Limited, NKF Bldg. 5F 1-2 Higashida-cho, Kawasaki-ku,
Kawasaki-shi, Kanagawa Pref. 210-0005, Japan.
Macronix (Hong Kong) Co., Ltd., 702-703, 7/F, Building 9, Hong Kong
Science Park, 5 Science Park West Avenue, Sha Tin, N.T., Hong Kong.
Acer Inc., 8F, 88, Sec. 1, Xintai 5th Road, Xizhi, New Taipei City 221,
Taiwan.
Acer America Corporation, 333 West San Carlos Street, Suite 1500, San
Jose, CA 95110.
ASUSTek Computer Inc., No. 15, Li-Te Road, Beitou District, Taipei 112,
Taiwan.
Asus Computer International, 800 Corporate Way, Fremont, CA 94539.
[[Page 55096]]
Belkin International, Inc., 12045 E. Waterfront Drive, Playa Vista, CA
90094.
D-Link Corporation, No. 289, Sinhu 3rd Road, Neihu District, Taipei
City 114, Taiwan.
D-Link System, Inc., 17595 Mount Herrmann Street, Fountain Valley, CA
92708.
Netgear Inc., 350 East Plumeria Drive, San Jose, CA 95134.
Nintendo Co., Ltd., 11-1 Kamitobo-hokotate-cho, Minami-ku, Kyoto,
Japan.
Nintendo of America, Inc., 4600 150th Avenue NE., Richmond, WA 98052.
(c) The 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 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(e) 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: September 4, 2013.
By order of the Commission.
Lisa R. Barton,
Acting Secretary to the Commission.
[FR Doc. 2013-21846 Filed 9-6-13; 8:45 am]
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