Certain Solid State Storage Drives, Stacked Electronics Components, And Products Containing Same Commission Determination Not To Review an Initial Determination Granting a Joint Motion To Terminate the Investigation With Respect to Certain Respondents; Termination of the Investigation In Its Entirety, 28856-28857 [2019-13121]

Download as PDF 28856 Federal Register / Vol. 84, No. 119 / Thursday, June 20, 2019 / Notices determinations are negative, upon notice of affirmative final determinations in those investigations under sections 705(a) or 735(a) of the Act. Any 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. jbell on DSK3GLQ082PROD with NOTICES Background On April 30, 2019, Hirsh Industries LLC (‘‘Hirsh’’), Des Moines, IA, filed petitions with the Commission and Commerce, alleging that an industry in the United States is materially injured or threatened with material injury by reason of subsidized imports of VMFCs from China and LTFV imports of VMFCs from China. Accordingly, effective April 30, 2019, the Commission, pursuant to sections 703(a) and 733(a) of the Act (19 U.S.C. 1671b(a) and 1673b(a)), instituted countervailing duty investigation No. 701–TA–623 and antidumping duty investigation No. 731–TA–1449 (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 May 7, 2019 (84 FR 19958). The conference was held in Washington, DC, on May 21, 2019, 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 June 14, 2019. The views of the Commission are contained in USITC Publication 4914 (June 2019), entitled Vertical Metal File Cabinets from China: Investigation Nos. 701–TA– 623 and 731–TA–1449 (Preliminary). By order of the Commission. VerDate Sep<11>2014 17:47 Jun 19, 2019 Jkt 247001 Issued: June 14, 2019. Lisa Barton, Secretary to the Commission. [FR Doc. 2019–13044 Filed 6–19–19; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–1097] Certain Solid State Storage Drives, Stacked Electronics Components, And Products Containing Same Commission Determination Not To Review an Initial Determination Granting a Joint Motion To Terminate the Investigation With Respect to Certain Respondents; Termination of the Investigation In Its Entirety U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that the U.S. International Trade Commission has determined not to review an initial determination (‘‘ID’’) (Order No. 47) of the presiding administrative law judge (‘‘ALJ’’), granting a joint motion to terminate the investigation as to respondents SK hynix Inc.; SK hynix America, Inc.; Dell Inc.; Dell Technologies Inc.; HP Inc.; Hewlett Packard Enterprise Co.; ASUSTeK Computer Inc.; ASUS Computer International; Acer Inc.; Acer America Corp.; Lenovo Group Ltd.; and Lenovo (United States) Inc. The investigation is terminated in its entirety. SUMMARY: FOR FURTHER INFORMATION CONTACT: Cathy Chen, Esq., Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone (202) 205–2392. 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. PO 00000 Frm 00069 Fmt 4703 Sfmt 4703 The Commission instituted this investigation on January 26, 2018, based on a complaint filed by BiTMICRO, LLC (‘‘BiTMICRO’’) of Reston, Virginia. 83 FR 3771 (Jan. 26, 2018). The complaint, as amended, 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 solid state storage drives, stacked electronics components, and products containing the same by reason of infringement of one or more of claims 1, 2, 11, and 12 of U.S. Patent No. 7,826,243; claims 1– 20 of U.S. Patent No. 6,529,416; claims 1–101 of U.S. Patent No. 9,135,190; and claims 12 and 16 of U.S. Patent No. 8,093,103. Id. The complaint also alleges that an industry in the United States exists as required by 19 U.S.C. 1337(a)(2). Id. The notice of investigation named as respondents Samsung Electronics Co., Ltd. of Gyeonggi-do, Republic of Korea; Samsung Semiconductor, Inc. of San Jose, California; and Samsung Electronics America, Inc. of Ridgefield Park, New Jersey (collectively, ‘‘Samsung’’); VAIO Corporation of Azumino, Japan (‘‘VAIO’’); Transcosmos America Inc. of Gardena, California (‘‘transcosmos’’); SK hynix Inc. of Gyeonggido, Republic of Korea; and SK hynix America Inc. of San Jose, California (collectively, ‘‘SK hynix); Dell Inc. of Round Rock, Texas; Dell Technologies Inc. of Round Rock, Texas; Lenovo Group Ltd. of Beijing, China; Lenovo (United States) Inc. of Morrisville, North Carolina; HP Inc. of Palo Alto, California; Hewlett Packard Enterprise Co. of Palo Alto, California; ASUSTeK Computer Inc. of Taipei, Taiwan; ASUS Computer International of Fremont, California; Acer Inc. of New Taipei City, Taiwan; and Acer America Corp. of San Jose, California (collectively, ‘‘Remaining Respondents’’). Id. at 3772. The Office of Unfair Import Investigations (‘‘OUII’’) is also a party to the investigation. Id. Respondents Samsung, VAIO, and transcosmos were terminated from the investigation based on a settlement agreement. See Order No. 45 (Apr. 26, 2019), not reviewed by Comm’n Notice (May 15, 2019). On January 30, 2019, Respondents filed a motion for summary determination with respect to the technical prong of the domestic industry requirement. BiTMICRO and OUII each filed a response opposing the motion. Thereafter, Respondents filed a reply brief. On March 26, 2019, the ALJ issued Order No. 31 (Mar. 26, 2019), granting- SUPPLEMENTARY INFORMATION: E:\FR\FM\20JNN1.SGM 20JNN1 Federal Register / Vol. 84, No. 119 / Thursday, June 20, 2019 / Notices jbell on DSK3GLQ082PROD with NOTICES in-part Respondents’ motion for summary determination with respect to the technical prong of the domestic industry requirement. BiTMICRO filed a petition for review of Order No. 31. Respondents and OUII each filed a response to the petition. On April 9, 2019, BiTMICRO, SK hynix, and the Remaining Respondents filed a joint motion to stay the procedural schedule by four weeks to allow time to finalize a settlement agreement. The next day the ALJ issued Order No. 44 (Apr. 10, 2019), granting the joint motion to stay. The stay was extended pursuant to Order No. 46 (May 9, 2019). On May 17, 2019, BiTMICRO, SK hynix, and the Remaining Respondents filed a joint motion to terminate the investigation in its entirety based on a settlement agreement between BiTMICRO and SK hynix pursuant to 19 CFR 210.21(b). On May 23, 2019, OUII filed a response supporting the motion. On May 28, 2019, the ALJ issued the subject ID granting the motion to terminate. Order No. 47 at 1 (May 28, 2019). The ALJ found that the motion complies with the Commission Rules, and that no public interest factors prohibit the termination of this investigation as to SK hynix and the Remaining Respondents, who are downstream customers of SK hynix. Id. at 2–3. The ALJ found that the settlement agreement appears to resolve the disputes between BiTMICRO, SK hynix, and the Remaining Respondents. Id. at 2. No petitions for review were filed. The Commission has determined not to review the subject ID. The Commission’s determination renders the ALJ’s findings in Order No. 31 moot. The Commission has determined to review and take no position on Order No. 31. The investigation is terminated in its entirety. 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. Dated: June 17, 2019. Lisa Barton, Secretary to the Commission. [FR Doc. 2019–13121 Filed 6–19–19; 8:45 am] BILLING CODE 7020–02–P VerDate Sep<11>2014 17:47 Jun 19, 2019 Jkt 247001 Comments may be submitted either by email or by mail: DEPARTMENT OF JUSTICE Notice of Lodging of Proposed Bankruptcy Settlement Agreement Under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) On June 12, 2019, the Debtors lodged a proposed Bankruptcy Settlement Agreement with the United States Bankruptcy Court for the Western District of North Carolina in the bankruptcy proceeding of Kaiser Gypsum Company, Inc. and Hanson Permanente Cement, Inc. (collectively, the ‘‘Debtors’’), jointly administered at Case No. 16–31602, [Docket No. 1719]. A fully executed version of the proposed Bankruptcy Settlement Agreement was lodged on June 17, 2019, [Docket No. 1735]. The proposed Bankruptcy Settlement Agreement resolves certain claims on behalf of the United States Environmental Protection Agency asserted against the Debtors under the Comprehensive Environmental Response, Compensation and Liability Act (‘‘CERCLA’’) for costs incurred and to be incurred by the United States in connection with 5 parcels of property formerly owned and operated by the Debtors. Under the proposed Bankruptcy Settlement Agreement EPA will have an allowed general unsecured claim of $3.25 million for the Lower Duwamish Waterway Site (‘‘LDW Site’’) in Seattle, Washington. In addition, the proposed Bankruptcy Settlement resolves Natural Resource Damage claims against Debtors related to the Lower Duwamish River, on behalf of the United States Department of Interior (‘‘DOI’’) and the National Oceanic and Atmospheric Administration (‘‘NOAA’’), for an allowed general unsecured claim of $1 million. The Settlement Agreement includes certain covenants not to sue under Sections 106 and 107 of CERCLA, 42 U.S.C. 9606 or 9607, with respect to the LDW Site. DOI and NOAA are providing a covenant not to sue under Section 107 of CERCLA, 42 U.S.C. 9607 with respect to the Lower Duwamish River. The publication of this notice opens a period for public comment on the Bankruptcy Settlement Agreement. Comments should be addressed to the Assistant Attorney General, Environment and Natural Resources Division, and should refer to In re Kaiser Gypsum Company, Inc., D.J. Ref. No. 90–11–3–11737 and 90–11–3–11737/1. All comments must be submitted no later than thirty (30) days after the publication date of this notice. PO 00000 Frm 00070 Fmt 4703 Sfmt 4703 28857 To submit comments: Send them to: By email ....... pubcomment-ees.enrd@ usdoj.gov. Assistant Attorney General, U.S. DOJ—ENRD, P.O. Box 7611, Washington, DC 20044–7611. By mail ......... During the public comment period, the Bankruptcy Settlement Agreement may be examined and downloaded at this Justice Department website: https:// www.justice.gov/enrd/consent-decrees. We will provide a paper copy of the Bankruptcy Settlement Agreement upon written request and payment of reproduction costs. Please mail your request and payment to: Consent Decree Library, U.S. DOJ—ENRD, P.O. Box 7611, Washington, DC 20044–7611. Please enclose a check or money order for $8.50 (25 cents per page reproduction cost) payable to the United States Treasury. Susan M. Akers, Assistant Section Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. 2019–13165 Filed 6–19–19; 8:45 am] BILLING CODE 4410–15–P DEPARTMENT OF JUSTICE Office of Justice Programs [OMB Number 1121–0341] Agency Information Collection Activities; Proposed eCollection eComments Requested: Revision of a Currently Approved Collection; Office for Victims of Crime Training and Technical Assistance Center (OVC TTAC) Feedback Form Package Office for Victims of Crime, Office of Justice Programs, Department of Justice. ACTION: 30-Day notice. AGENCY: The Department of Justice, Office of Justice Programs, Office for Victims of Crime will submit 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, allowing for a 60 day comment period. SUMMARY: E:\FR\FM\20JNN1.SGM 20JNN1

Agencies

[Federal Register Volume 84, Number 119 (Thursday, June 20, 2019)]
[Notices]
[Pages 28856-28857]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-13121]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1097]


Certain Solid State Storage Drives, Stacked Electronics 
Components, And Products Containing Same Commission Determination Not 
To Review an Initial Determination Granting a Joint Motion To Terminate 
the Investigation With Respect to Certain Respondents; Termination of 
the Investigation In Its Entirety

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined not to review an initial determination 
(``ID'') (Order No. 47) of the presiding administrative law judge 
(``ALJ''), granting a joint motion to terminate the investigation as to 
respondents SK hynix Inc.; SK hynix America, Inc.; Dell Inc.; Dell 
Technologies Inc.; HP Inc.; Hewlett Packard Enterprise Co.; ASUSTeK 
Computer Inc.; ASUS Computer International; Acer Inc.; Acer America 
Corp.; Lenovo Group Ltd.; and Lenovo (United States) Inc. The 
investigation is terminated in its entirety.

FOR FURTHER INFORMATION CONTACT: Cathy Chen, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone (202) 205-2392. 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 January 26, 2018, based on a complaint filed by BiTMICRO, LLC 
(``BiTMICRO'') of Reston, Virginia. 83 FR 3771 (Jan. 26, 2018). The 
complaint, as amended, 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 solid state 
storage drives, stacked electronics components, and products containing 
the same by reason of infringement of one or more of claims 1, 2, 11, 
and 12 of U.S. Patent No. 7,826,243; claims 1-20 of U.S. Patent No. 
6,529,416; claims 1-101 of U.S. Patent No. 9,135,190; and claims 12 and 
16 of U.S. Patent No. 8,093,103. Id. The complaint also alleges that an 
industry in the United States exists as required by 19 U.S.C. 
1337(a)(2). Id. The notice of investigation named as respondents 
Samsung Electronics Co., Ltd. of Gyeonggi-do, Republic of Korea; 
Samsung Semiconductor, Inc. of San Jose, California; and Samsung 
Electronics America, Inc. of Ridgefield Park, New Jersey (collectively, 
``Samsung''); VAIO Corporation of Azumino, Japan (``VAIO''); 
Transcosmos America Inc. of Gardena, California (``transcosmos''); SK 
hynix Inc. of Gyeonggido, Republic of Korea; and SK hynix America Inc. 
of San Jose, California (collectively, ``SK hynix); Dell Inc. of Round 
Rock, Texas; Dell Technologies Inc. of Round Rock, Texas; Lenovo Group 
Ltd. of Beijing, China; Lenovo (United States) Inc. of Morrisville, 
North Carolina; HP Inc. of Palo Alto, California; Hewlett Packard 
Enterprise Co. of Palo Alto, California; ASUSTeK Computer Inc. of 
Taipei, Taiwan; ASUS Computer International of Fremont, California; 
Acer Inc. of New Taipei City, Taiwan; and Acer America Corp. of San 
Jose, California (collectively, ``Remaining Respondents''). Id. at 
3772. The Office of Unfair Import Investigations (``OUII'') is also a 
party to the investigation. Id. Respondents Samsung, VAIO, and 
transcosmos were terminated from the investigation based on a 
settlement agreement. See Order No. 45 (Apr. 26, 2019), not reviewed by 
Comm'n Notice (May 15, 2019).
    On January 30, 2019, Respondents filed a motion for summary 
determination with respect to the technical prong of the domestic 
industry requirement. BiTMICRO and OUII each filed a response opposing 
the motion. Thereafter, Respondents filed a reply brief.
    On March 26, 2019, the ALJ issued Order No. 31 (Mar. 26, 2019), 
granting-

[[Page 28857]]

in-part Respondents' motion for summary determination with respect to 
the technical prong of the domestic industry requirement. BiTMICRO 
filed a petition for review of Order No. 31. Respondents and OUII each 
filed a response to the petition.
    On April 9, 2019, BiTMICRO, SK hynix, and the Remaining Respondents 
filed a joint motion to stay the procedural schedule by four weeks to 
allow time to finalize a settlement agreement. The next day the ALJ 
issued Order No. 44 (Apr. 10, 2019), granting the joint motion to stay. 
The stay was extended pursuant to Order No. 46 (May 9, 2019).
    On May 17, 2019, BiTMICRO, SK hynix, and the Remaining Respondents 
filed a joint motion to terminate the investigation in its entirety 
based on a settlement agreement between BiTMICRO and SK hynix pursuant 
to 19 CFR 210.21(b). On May 23, 2019, OUII filed a response supporting 
the motion.
    On May 28, 2019, the ALJ issued the subject ID granting the motion 
to terminate. Order No. 47 at 1 (May 28, 2019). The ALJ found that the 
motion complies with the Commission Rules, and that no public interest 
factors prohibit the termination of this investigation as to SK hynix 
and the Remaining Respondents, who are downstream customers of SK 
hynix. Id. at 2-3. The ALJ found that the settlement agreement appears 
to resolve the disputes between BiTMICRO, SK hynix, and the Remaining 
Respondents. Id. at 2. No petitions for review were filed.
    The Commission has determined not to review the subject ID. The 
Commission's determination renders the ALJ's findings in Order No. 31 
moot. The Commission has determined to review and take no position on 
Order No. 31. The investigation is terminated in its entirety.
    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.

    Dated: June 17, 2019.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2019-13121 Filed 6-19-19; 8:45 am]
BILLING CODE 7020-02-P
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