Certain Graphics Processors and Products Containing the Same Institution of Investigation, 5141-5142 [2018-02177]

Download as PDF Federal Register / Vol. 83, No. 24 / Monday, February 5, 2018 / Notices sradovich on DSK3GMQ082PROD with NOTICES Cisco notes that the ASIC is not, and can be used in other Cisco products with different configuration data. Additionally, Cisco states that the Polaris OS allows the NES to switch and route packets, which is the critical functional element of the NES. Cisco states that the configuration data physically changes the electrical values of the logic gates present in the ASICs and other components, by connecting the gates in combinations that tell the components how to function and communicate within the system. Cisco argues that the configuration data installed on the NES should be distinguished from software installations because the configuration data completes the hardware programming, physically changing the hardware itself. Cisco states the software’s incorporation onto the NES is different because it runs on the completed hardware as opposed to being a part of the hardware itself. Cisco cites HQ 563012, dated May 4, 2004, in support of its position. In HQ 563012, CBP held that the PCBA and casing that were manufactured for a switch in China, were substantially transformed in the United States or Hong Kong, where U.S.-origin software was loaded, and the PCBA was further assembled with a power supply, fans, and an A/C filter of various origins to form the final fabric switch. CBP noted that in addition to the actual assembly, the configuration and software download operations performed in either Hong Kong or in the United States transformed the switch from a non-functional device into a fabric switch that was capable of performing various storage network functions. Similar to the scenario in HQ 563012, where Hong Kong was found to be the origin, in this case, the major components of the NES, particularly the PCBA comprised of the ASIC, CPU, SDRAM, and flash components, will be manufactured in China, and then shipped to another country where the final assembly (adding the casing, power supply, uplink modules, and ancillary devices to the PCBA), software loading, configuration, and testing take place. Here, the other country is Mexico, which is different from the country where the U.S.-origin software is developed. While CBP has normally focused on where the origin of the software and where the programming took place, applying CBP’s precedent in HQ 563012 to Cisco’s manufacturing operations in Mexico, we find that the PCBAs from China will be substantially transformed by the final assembly, software loading, configuration, and testing operations in Mexico, and thus the country of origin for purposes of U.S. Government procurement will be Mexico.1 1 See HQ H175415, dated October 4, 2011 (CBP held that imported Ethernet switches underwent a substantial transformation after U.S.-origin software was downloaded onto the devices’ flash memory in the United States, which allowed the devices to function); see also HQ H052325, dated March 31, 2009 (holding that imported network devices underwent a substantial transformation in the United States after U.S.-origin software was downloaded onto the devices in the United States, which gave the devices their functionality); and, HQ H034843, dated May 5, 2009 (holding that Chinese USB flash drives underwent a substantial VerDate Sep<11>2014 18:08 Feb 02, 2018 Jkt 244001 HOLDING: Based on the facts provided, the PCBAs from China will be substantially transformed into the NES by the processes that take place in Mexico. As such, the NES will be considered a product of Mexico for purposes of U.S. Government procurement. Notice of this final determination will be given in the Federal Register, as required by 19 CFR 177.29. Any party-at-interest other than the party which requested this final determination may request, pursuant to 19 CFR 177.31, that CBP reexamine the matter anew and issue a new final determination. Pursuant to 19 CFR 177.30, any party-atinterest may, within 30 days of publication of the Federal Register Notice referenced above, seek judicial review of this final determination before the Court of International Trade. Sincerely, Alice A. Kipel, Executive Director Regulations and Rulings Office of Trade [FR Doc. 2018–02244 Filed 2–2–18; 8:45 am] BILLING CODE 9111–14–P INTERNATIONAL TRADE COMMISSION [USITC SE–18–007] Government in the Sunshine Act Meeting Notice United States International Trade Commission. TIME AND DATE: February 9, 2018 at 11:00 a.m. PLACE: Room 101, 500 E Street SW, Washington, DC 20436, Telephone: (202) 205–2000. STATUS: Open to the public. MATTERS TO BE CONSIDERED: 1. Agendas for future meetings: None. 2. Minutes. 3. Ratification List. 4. Vote in Inv. Nos. 701–TA–592 and 731–TA–1400 (Preliminary) (Plastic Decorative Ribbons from China). The Commission is currently scheduled to complete and file its determinations on February 12, 2018; views of the Commission are currently scheduled to be completed and filed on February 20, 2018. 5. Outstanding action jackets: None. In accordance with Commission policy, subject matter listed above, not AGENCY HOLDING THE MEETING: transformation in Israel when Israeli-origin software was loaded onto the devices, which made the devices functional). CBP has also held that when software is programmed in one country, and loaded onto a switch in different countries, the process of loading the software is not a sufficient operation by itself to result in a substantial transformation. See HQ H241177, dated December 3, 2013; and, HQ H240199, dated March 10, 2015. PO 00000 Frm 00084 Fmt 4703 Sfmt 4703 5141 disposed of at the scheduled meeting, may be carried over to the agenda of the following meeting. By order of the Commission: Issued: January 31, 2018. William R. Bishop, Supervisory Hearings and Information Officer. [FR Doc. 2018–02280 Filed 2–1–18; 11:15 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–1099] Certain Graphics Processors and Products Containing the 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 December 29, 2017, under section 337 of the Tariff Act of 1930, as amended, on behalf of ZiiLabs Inc., Ltd. of Bermuda. 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 graphics processors and products containing the same by reason of infringement of certain claims of U.S. Patent No. 6,181,355 (‘‘the ‘355 Patent’’); U.S. 6,900,800 (‘‘the ‘800 Patent’’); U.S. Patent No. 8,144,156 (‘‘the ‘156 Patent’’); and U.S. Patent No. 8,643,659 (‘‘the ‘659 Patent). The complaint further alleges that an industry in the United States exists as required by the applicable Federal Statute. The complainant requests that the Commission institute an investigation and, after the investigation, issue a limited 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– SUMMARY: E:\FR\FM\05FEN1.SGM 05FEN1 5142 Federal Register / Vol. 83, No. 24 / Monday, February 5, 2018 / Notices 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: Katherine Hiner, the Office of the Secretary, Docket Services, U.S. International Trade Commission, telephone (202) 205–1802. SUPPLEMENTARY INFORMATION: sradovich on DSK3GMQ082PROD with NOTICES Authority: The authority for institution of this investigation is contained in section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337 and in section 210.10 of the Commission’s Rules of Practice and Procedure, 19 CFR 210.10 (2017). Scope of Investigation: Having considered the complaint, the U.S. International Trade Commission, on January 29, 2018, 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 graphics processors and products containing the same by reason of infringement of one or more of claims 1–11 of the ‘355 Patent; claims 1, 2, 6, 7, and 11–19 of the ‘800 Patent; claims 1–16 of the ‘156 Patent; and claims 1–10 and 15–20 of the ‘659 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: ZiiLabs Inc., Ltd., Clarendon House, 2 Church Street, Hamilton, HM11, Bermuda. (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: ASUSTeK Computer Inc., No. 15, Li-Te Road, Beitou District, Taipei 112, Taiwan ASUS Computer International, 800 Corporate Way, Freemont, CA 94539 EVGA Corporation, 408 Saturn Street, Brea, CA 92821 Gigabyte Technology Co., Ltd., No. 6, Baoqiang Road, Xindian District, New Taipei City 231, Taiwan G.B.T. Inc., 17358 Railroad Street, City of Industry, CA 91748 Micro-Star International Co., Ltd., No. 69, Lide Street, Zhonghe District, New Taipei City 235, Taiwan VerDate Sep<11>2014 18:08 Feb 02, 2018 Jkt 244001 MSI Computer Corp., 901 Canada Court, City of Industry, CA 91748 Nintendo Co., Ltd., 11–1 Hokotate-cho, Kamitoba, Minami-ku, Kyoto 601– 8501, Japan Nintendo of America Inc., 4600 150th Avenue NE, Redmond, WA 98052 Nvidia Corporation, 2788 San Tomas Expressway, Santa Clara, CA 95051 PNY Technologies Inc., 100 Jefferson Road, Parsippany, NJ 07054 Zotac International (MCO) Ltd., Rua de Pequim No. 202A–246, Macau Finance Centre, 16 Andar L, Macau, Macau Zotac USA Inc., 1220 Highland Avenue, Suite 930, Duarte, CA 91009 (3) For the investigation so instituted, the Chief Administrative Law Judge, U.S. International Trade Commission, shall designate the presiding Administrative Law Judge. The Office of Unfair Import Investigations will not participate as a party in this investigation. 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. By order of the Commission. Issued: January 30, 2018. Lisa R. Barton, Secretary to the Commission. [FR Doc. 2018–02177 Filed 2–2–18; 8:45 am] BILLING CODE 7020–02–P PO 00000 Frm 00085 Fmt 4703 Sfmt 4703 INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–1036] Certain Magnetic Tape Cartridges and Components Thereof; Notice of Request for Statements on the Public Interest U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that the presiding administrative law judge has issued a Final Initial Determination on Section 337 Violation and a Recommended Determination on Remedy and Bonding in the abovecaptioned investigation. The Commission is soliciting comments on public interest issues raised by the recommended relief, should the Commission find a violation, specifically a limited exclusion order (‘‘LEO’’) against certain magnetic tape cartridges and components thereof, which are imported, sold for importation, and/or sold after importation by Respondents Fujifilm Holdings Corporation of Tokyo, Japan; Fujifilm Corporation of Tokyo, Japan; Fujifilm Holdings America Corporation of Valhalla, New York; and Fujifilm Recording Media U.S.A., Inc. of Bedford, Massachusetts (collectively ‘‘Fujifilm’’ or ‘‘Respondents’’); and a cease and desist order (‘‘CDO’’) against Respondents. This notice is soliciting public interest comments from the public only. Parties are to file public interest submissions pursuant to Commission rules. FOR FURTHER INFORMATION CONTACT: Cathy Chen, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone (202) 205–2392. The public version of the complaint can be accessed on the Commission’s electronic docket (EDIS) at https://edis.usitc.gov, and 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 (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. Hearingimpaired persons are advised that information on this matter can be obtained by contacting the SUMMARY: E:\FR\FM\05FEN1.SGM 05FEN1

Agencies

[Federal Register Volume 83, Number 24 (Monday, February 5, 2018)]
[Notices]
[Pages 5141-5142]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-02177]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1099]


Certain Graphics Processors and Products Containing the 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 December 29, 2017, under section 
337 of the Tariff Act of 1930, as amended, on behalf of ZiiLabs Inc., 
Ltd. of Bermuda. 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 
graphics processors and products containing the same by reason of 
infringement of certain claims of U.S. Patent No. 6,181,355 (``the `355 
Patent''); U.S. 6,900,800 (``the `800 Patent''); U.S. Patent No. 
8,144,156 (``the `156 Patent''); and U.S. Patent No. 8,643,659 (``the 
`659 Patent). The complaint further alleges that an industry in the 
United States exists as required by the applicable Federal Statute.
    The complainant requests that the Commission institute an 
investigation and, after the investigation, issue a limited 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-

[[Page 5142]]

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: Katherine Hiner, the Office of the 
Secretary, Docket Services, U.S. International Trade Commission, 
telephone (202) 205-1802.

SUPPLEMENTARY INFORMATION:

    Authority:  The authority for institution of this investigation 
is contained in section 337 of the Tariff Act of 1930, as amended, 
19 U.S.C. 1337 and in section 210.10 of the Commission's Rules of 
Practice and Procedure, 19 CFR 210.10 (2017).
    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on January 29, 2018, 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 graphics 
processors and products containing the same by reason of infringement 
of one or more of claims 1-11 of the `355 Patent; claims 1, 2, 6, 7, 
and 11-19 of the `800 Patent; claims 1-16 of the `156 Patent; and 
claims 1-10 and 15-20 of the `659 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: ZiiLabs Inc., Ltd., Clarendon House, 2 
Church Street, Hamilton, HM11, Bermuda.
    (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:

ASUSTeK Computer Inc., No. 15, Li-Te Road, Beitou District, Taipei 112, 
Taiwan
ASUS Computer International, 800 Corporate Way, Freemont, CA 94539
EVGA Corporation, 408 Saturn Street, Brea, CA 92821
Gigabyte Technology Co., Ltd., No. 6, Baoqiang Road, Xindian District, 
New Taipei City 231, Taiwan
G.B.T. Inc., 17358 Railroad Street, City of Industry, CA 91748
Micro-Star International Co., Ltd., No. 69, Lide Street, Zhonghe 
District, New Taipei City 235, Taiwan
MSI Computer Corp., 901 Canada Court, City of Industry, CA 91748
Nintendo Co., Ltd., 11-1 Hokotate-cho, Kamitoba, Minami-ku, Kyoto 601-
8501, Japan
Nintendo of America Inc., 4600 150th Avenue NE, Redmond, WA 98052
Nvidia Corporation, 2788 San Tomas Expressway, Santa Clara, CA 95051
PNY Technologies Inc., 100 Jefferson Road, Parsippany, NJ 07054
Zotac International (MCO) Ltd., Rua de Pequim No. 202A-246, Macau 
Finance Centre, 16 Andar L, Macau, Macau
Zotac USA Inc., 1220 Highland Avenue, Suite 930, Duarte, CA 91009

    (3) For the investigation so instituted, the Chief Administrative 
Law Judge, U.S. International Trade Commission, shall designate the 
presiding Administrative Law Judge.
    The Office of Unfair Import Investigations will not participate as 
a party in this investigation.
    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.

    By order of the Commission.

    Issued: January 30, 2018.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2018-02177 Filed 2-2-18; 8:45 am]
 BILLING CODE 7020-02-P
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