Certain Flash Memory Chips and Products Containing Same; Institution of Investigation, 55095-55096 [2013-21846]

Download as PDF 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. tkelley on DSK3SPTVN1PROD with NOTICES [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. VerDate Mar<15>2010 15:01 Sep 06, 2013 Jkt 229001 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: PO 00000 Frm 00044 Fmt 4703 Sfmt 4703 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. E:\FR\FM\09SEN1.SGM 09SEN1 55096 Federal Register / Vol. 78, No. 174 / Monday, September 9, 2013 / Notices tkelley on DSK3SPTVN1PROD with NOTICES 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)). BILLING CODE 7020–02–P VerDate Mar<15>2010 15:01 Sep 06, 2013 Jkt 229001 PO 00000 Frm 00045 Fmt 4703 Sfmt 4703 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] BILLING CODE 7020–02–P 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: E:\FR\FM\09SEN1.SGM 09SEN1

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.

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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]
BILLING CODE 7020-02-P