Common Alloy Aluminum Sheet From China, 3024 [2018-01034]
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3024
Federal Register / Vol. 83, No. 14 / Monday, January 22, 2018 / Notices
complaint filed on behalf of Netlist, Inc.
of Irvine, California. 81 FR 69853–54.
The complaint, as supplemented,
alleged violations of section 337 of the
Tariff Act of 1930, as amended, 19
U.S.C. 1337, by reason of infringement
of certain claims of the following U.S.
Patent Nos.: 8,756,364 (‘‘the ’364
patent’’); 8,689,064; 8,516,185;
8,001,434 (‘‘the ’434 patent’’); 8,359,501
(‘‘the ’501 patent’’); and 8,489,837. The
Commission’s notice of investigation
named SK Hynix Inc. of Gyeoonggi-do,
Republic of Korea; and SK Hynix
America Inc. and SK Hynix Memory
Solutions Inc., both of San Jose,
California, as respondents. The Office of
Unfair Import Investigations (‘‘OUII’’) is
also a party to the investigation. Id.
On May 31, 2017, the Commission
issued notice of its determination not to
review the ALJ’s ID (Order No. 21)
terminating the investigation as to the
’364 patent based on partial withdrawal
of the complaint.
On November 14, 2017, the ALJ
issued his final ID and recommended
determination (RD) on remedy and
bonding in one document. The ID finds,
inter alia, that none of respondents’
accused products infringe any of the
remaining asserted patents. The ID also
finds that claims 1–3 and 5–7 of the ’434
patent and claim 1 of the ’501 patent are
not invalid as anticipated in view of
U.S. Patent Publication No. 2005/
0257109 A1 (‘‘Averbuj’’).
On November 27, 2017, complainant
and respondents petitioned for review
of the final ID. On December 5, 2017,
complainant, respondents, and OUII
each filed a response in opposition to
the opposing petition for review. On
December 5, 2017, the Chairman granted
respondents’ motion for leave to refile
its petition for review out of time.
Having examined the record of this
investigation, including the ID, the
parties’ petitions for review, and the
responses thereto, the Commission has
determined to review-in-part the final
ID. Specifically, the Commission has
determined to review the ID’s finding
that claims 1–3 and 5–7 of the ’434
patent and claim 1 of the ’501 patent are
not anticipated by Averbuj. The
Commission has determined not to
review the remainder of the final ID.
On review, the Commission
determines to take no position on the
ID’s finding that claims 1–3 and 5–7 of
the ’434 patent and claim 1 of the ’501
patent are not invalid as anticipated in
view of Averbuj. See Beloit Corp. v.
Valmet Oy, 742 F.2d 1421 (Fed. Cir.
1984). The Commission therefore
affirms the ID’s finding of no violation
of section 337 and terminates the
investigation.
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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 part
210 of the Commission’s Rules of
Practice and Procedure, 19 CFR part
210.
By order of the Commission.
Issued: January 16, 2018.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2018–00983 Filed 1–19–18; 8:45 am]
BILLING CODE 7020–02–P
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.
Background
INTERNATIONAL TRADE
COMMISSION
[Investigation Nos. 701–TA–591 and 731–
TA–1399 (Preliminary)]
Common Alloy Aluminum Sheet From
China
Determinations
On the basis of the record 1 developed
in the subject investigations, the United
States International Trade Commission
(‘‘Commission’’) determines, pursuant
to the Tariff Act of 1930 (‘‘the Act’’),
that there is a reasonable indication that
an industry in the United States is
materially injured by reason of imports
of common alloy aluminum sheet from
China, provided for in subheadings
7606.11.30, 7606.11.60, 7606.12.30,
7606.12.60, 7606.91.30, 7606.91.60,
7606.92.30, and 7606.92.60 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’’) and to be subsidized by
the government of China.
Commencement of Final Phase
Investigations
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 U.S. Department of Commerce
(‘‘Commerce’’) of affirmative
preliminary determinations in the
investigations under sections 703(b) or
733(b) of the Act, or, if the preliminary
determinations are negative, upon
notice of affirmative final
determinations in those investigations
under sections 705(a) or 735(a) of the
Act. Parties that filed entries of
These investigations were instituted,
pursuant to sections 703(a) and 733(a) of
the Tariff Act of 1930 (19 U.S.C.
1671b(a) and 1673b(a)), in response to a
notification of investigations selfinitiated by the U.S. Department of
Commerce deemed by the Commission
as having been filed on December 1,
2017.
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 December 8, 2017
(82 FR 58025). The conference was held
in Washington, DC, on December 21,
2017, and all persons who requested the
opportunity were permitted to appear in
person or by counsel.
The Commission made these
determinations pursuant to sections
703(a) and 733(a) of the Act (19 U.S.C.
1671b(a) and 1673b(a)). It completed
and filed its determinations in these
investigations on January 16, 2018. The
views of the Commission are contained
in USITC Publication 4757 (January
2018), entitled Common Alloy
Aluminum Sheet from China:
Investigation Nos. 701–TA–591 and
731–TA–1399 (Preliminary).
By order of the Commission.
Issued: January 17, 2018.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2018–01034 Filed 1–19–18; 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)).
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[Federal Register Volume 83, Number 14 (Monday, January 22, 2018)]
[Notices]
[Page 3024]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-01034]
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigation Nos. 701-TA-591 and 731-TA-1399 (Preliminary)]
Common Alloy Aluminum Sheet From China
Determinations
On the basis of the record \1\ developed in the subject
investigations, the United States International Trade Commission
(``Commission'') determines, pursuant to the Tariff Act of 1930 (``the
Act''), that there is a reasonable indication that an industry in the
United States is materially injured by reason of imports of common
alloy aluminum sheet from China, provided for in subheadings
7606.11.30, 7606.11.60, 7606.12.30, 7606.12.60, 7606.91.30, 7606.91.60,
7606.92.30, and 7606.92.60 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'') and to be subsidized by the government of
China.
---------------------------------------------------------------------------
\1\ The record is defined in sec. 207.2(f) of the Commission's
Rules of Practice and Procedure (19 CFR 207.2(f)).
---------------------------------------------------------------------------
Commencement of Final Phase Investigations
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 U.S.
Department of Commerce (``Commerce'') of affirmative preliminary
determinations in the investigations under sections 703(b) or 733(b) of
the Act, or, if the preliminary determinations are negative, upon
notice of affirmative final determinations in those investigations
under sections 705(a) or 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.
Background
These investigations were instituted, pursuant to sections 703(a)
and 733(a) of the Tariff Act of 1930 (19 U.S.C. 1671b(a) and 1673b(a)),
in response to a notification of investigations self-initiated by the
U.S. Department of Commerce deemed by the Commission as having been
filed on December 1, 2017.
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 December 8, 2017 (82 FR 58025). The
conference was held in Washington, DC, on December 21, 2017, and all
persons who requested the opportunity were permitted to appear in
person or by counsel.
The Commission made these determinations pursuant to sections
703(a) and 733(a) of the Act (19 U.S.C. 1671b(a) and 1673b(a)). It
completed and filed its determinations in these investigations on
January 16, 2018. The views of the Commission are contained in USITC
Publication 4757 (January 2018), entitled Common Alloy Aluminum Sheet
from China: Investigation Nos. 701-TA-591 and 731-TA-1399
(Preliminary).
By order of the Commission.
Issued: January 17, 2018.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2018-01034 Filed 1-19-18; 8:45 am]
BILLING CODE 7020-02-P
