Certain Semiconductor Devices, Products Containing the Same, and Components Thereof (II); Institution of Investigation, 52535-52536 [2019-21386]

Download as PDF khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 84, No. 191 / Wednesday, October 2, 2019 / Notices obtained by contacting the Commission’s TDD terminal on (202) 205–1810. SUPPLEMENTARY INFORMATION: The Commission has received a complaint and a submission pursuant to § 210.8(b) of the Commission’s Rules of Practice and Procedure filed on behalf of LG Chem, Ltd.; LG Chem Michigan Inc.; and Toray Industries, Inc. on September 26, 2019. The complaint alleges violations of section 337 of the Tariff Act of 1930 (19 U.S.C. 1337) in the importation into the United States, the sale for importation, and the sale within the United States after importation of certain lithium-ion battery cells, battery modules, battery packs, components thereof, and products containing the same. The complaint names as respondents: SK Innovation Co., Ltd. of South Korea; and SK Battery America, Inc. of Atlanta, GA. The complainant requests that the Commission issue a limited exclusion order, cease and desist orders and impose a bond upon respondents’ alleged infringing articles during the 60-day Presidential review period pursuant to 19 U.S.C. 1337(j). Proposed respondents, other interested parties, and members of the public are invited to file comments on any public interest issues raised by the complaint or § 210.8(b) filing. Comments should address whether issuance of the relief specifically requested by the complainant in this investigation would affect the public health and welfare in the United States, competitive conditions in the United States economy, the production of like or directly competitive articles in the United States, or United States consumers. In particular, the Commission is interested in comments that: (i) Explain how the articles potentially subject to the requested remedial orders are used in the United States; (ii) identify any public health, safety, or welfare concerns in the United States relating to the requested remedial orders; (iii) identify like or directly competitive articles that complainant, its licensees, or third parties make in the United States which could replace the subject articles if they were to be excluded; (iv) indicate whether complainant, complainant’s licensees, and/or third party suppliers have the capacity to replace the volume of articles potentially subject to the requested exclusion order and/or a cease and desist order within a commercially reasonable time; and VerDate Sep<11>2014 16:42 Oct 01, 2019 Jkt 250001 (v) explain how the requested remedial orders would impact United States consumers. Written submissions on the public interest must be filed no later than by close of business, eight calendar days after the date of publication of this notice in the Federal Register. There will be further opportunities for comment on the public interest after the issuance of any final initial determination in this investigation. Any written submissions on other issues must also be filed by no later than the close of business, eight calendar days after publication of this notice in the Federal Register. Complainant may file replies to any written submissions no later than three calendar days after the date on which any initial submissions were due. Any submissions and replies filed in response to this Notice are limited to five (5) pages in length, inclusive of attachments. Persons filing written submissions must file the original document electronically on or before the deadlines stated above and submit 8 true paper copies to the Office of the Secretary by noon the next day pursuant to § 210.4(f) of the Commission’s Rules of Practice and Procedure (19 CFR 210.4(f)). Submissions should refer to the docket number (‘‘Docket No. 3413’’) in a prominent place on the cover page and/ or the first page. (See Handbook for Electronic Filing Procedures, Electronic Filing Procedures 1). Persons with questions regarding filing should contact the Secretary (202–205–2000). Any person desiring to submit a document to the Commission in confidence must request confidential treatment. All such requests should be directed to the Secretary to the Commission and must include a full statement of the reasons why the Commission should grant such treatment. See 19 CFR 201.6. Documents for which confidential treatment by the Commission is properly sought will be treated accordingly. All information, including confidential business information and documents for which confidential treatment is properly sought, submitted to the Commission for purposes of this Investigation may be disclosed to and used: (i) By the Commission, its employees and Offices, and contract personnel (a) for developing or maintaining the records of this or a related proceeding, or (b) in internal investigations, audits, reviews, and evaluations relating to the programs, personnel, and operations of 1 Handbook for Electronic Filing Procedures: https://www.usitc.gov/documents/handbook_on_ filing_procedures.pdf. PO 00000 Frm 00082 Fmt 4703 Sfmt 4703 52535 the Commission including under 5 U.S.C. Appendix 3; or (ii) by U.S. government employees and contract personnel,2 solely for cybersecurity purposes. All nonconfidential written submissions will be available for public inspection at the Office of the Secretary and on EDIS.3 This action is taken under the authority of section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and of §§ 201.10 and 210.8(c) of the Commission’s Rules of Practice and Procedure (19 CFR 201.10, 210.8(c)). By order of the Commission. Issued: September 27, 2019. Lisa Barton, Secretary to the Commission. [FR Doc. 2019–21418 Filed 10–1–19; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–1177] Certain Semiconductor Devices, Products Containing the Same, and Components Thereof (II); 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 26, 2019, under section 337 of the Tariff Act of 1930, as amended, on behalf of Globalfoundries U.S. Inc. of Santa Clara, California. Supplements were filed on September 12, 2019 and September 16, 2019. 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 semiconductor devices, products containing the same, and components thereof by reason of infringement of certain claims of U.S. Patent No. 8,823,178 (‘‘the ’178 patent’’); U.S. Patent No. 9,105,643 (‘‘the ’643 patent’’); U.S. Patent No. 7,378,357 (‘‘the ’357 patent’’); and U.S. Patent No. 9,082,877 (‘‘the ’877 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 SUMMARY: 2 All contract personnel will sign appropriate nondisclosure agreements. 3 Electronic Document Information System (EDIS): https://edis.usitc.gov. E:\FR\FM\02OCN1.SGM 02OCN1 khammond on DSKJM1Z7X2PROD with NOTICES 52536 Federal Register / Vol. 84, No. 191 / Wednesday, October 2, 2019 / Notices 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– 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: Pathenia M. Proctor, The Office of Unfair Import Investigations, U.S. International Trade Commission, telephone (202) 205–2560. SUPPLEMENTARY INFORMATION: 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 (2019). Scope of Investigation: Having considered the complaint, the U.S. International Trade Commission, on September 25, 2019, 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 products identified in paragraph (2) by reason of infringement of one or more of claims 1–5 of the ’178 patent; claims 1–12 of the ’643 patent; claims 1–17 of the ’357 patent; and claims 1–14 of the ’877 patent; and whether an industry in the United States exists as required by subsection (a)(2) of section 337; (2) Pursuant to section 210.10(b)(1) of the Commission’s Rules of Practice and Procedure, 19 CFR 210.10(b)(1), the plain language description of the accused products or category of accused products, which defines the scope of the investigation, is ‘‘(a) TSMC semiconductor devices manufactured at the 16 nanometer (nm) and smaller VerDate Sep<11>2014 16:42 Oct 01, 2019 Jkt 250001 technology nodes; (b) products containing such TSMC-manufactured 16 nm and smaller semiconductor devices, consisting of smartphones, tablets, computers, wearable devices, set top boxes, and switches (consisting of standalone switches and switches that are incorporated into routers); and (c) components thereof, consisting of integrated circuits and graphics cards containing such semiconductor devices;’’ (3) Pursuant to Commission Rule 210.50(b)(1), 19 CFR 210.50(b)(1), the presiding administrative law judge shall take evidence or other information and hear arguments from the parties and other interested persons with respect to the public interest in this investigation, as appropriate, and provide the Commission with findings of fact and a recommended determination on this issue, which shall be limited to the statutory public interest factors set forth in 19 U.S.C. 1337(d)(1), (f)(1), (g)(1); (4) 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: Globalfoundries U.S. Inc., 2600 Great America Way, Santa Clara, CA 95054. (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: Taiwan Semiconductor Manufacturing Co., Ltd., No. 8, Li-Hsin Road VI, Hsinchu Science Park, Hsinchu 300– 78, Taiwan TSMC North America, 2851 Junction Avenue, San Jose, CA 95134 TSMC Technology, Inc., 2851 Junction Avenue, San Jose, CA 95134 Broadcom Inc., 1320 Ridder Park Drive, San Jose, CA 95131 Broadcom Corporation, 1320 Ridder Park Drive, San Jose, CA 95131 NVIDIA Corporation, 2788 San Tomas Expressway, Santa Clara, CA 95051 Apple Inc., One Apple Park Way, Cupertino, CA 95014 Arista Networks, Inc., 5453 Great America Parkway, Santa Clara, CA 95054 ASUSTeK Computer Inc., No. 15, Li-Te Rd., Beitou District, Taipei 112, Taiwan Cisco Systems, Inc., 170 West Tasman Drive, San Jose, CA 95134 Lenovo Group Ltd., Shangdi Information Industry Base, No. 6 Chuang ye Road, Haidian District, Beijing 100085, China (c) The Office of Unfair Import Investigations, U.S. International Trade Commission, 500 E Street SW, Suite 401, Washington, DC 20436; and PO 00000 Frm 00083 Fmt 4703 Sfmt 4703 (5) 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. By order of the Commission. Issued: September 26, 2019. Lisa Barton, Secretary to the Commission. [FR Doc. 2019–21386 Filed 10–1–19; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation Nos. 701–TA–630 and 731– TA–1462 (Preliminary)] Glass Containers From China; Institution of Anti-Dumping and Countervailing Duty Investigations and Scheduling of Preliminary Phase Investigations United States International Trade Commission. ACTION: Notice. AGENCY: The Commission hereby gives notice of the institution of investigations and commencement of preliminary phase antidumping and countervailing duty investigations Nos.701–TA–630 and 731–TA–1462 (Preliminary) pursuant to the Tariff Act of 1930 (‘‘the SUMMARY: E:\FR\FM\02OCN1.SGM 02OCN1

Agencies

[Federal Register Volume 84, Number 191 (Wednesday, October 2, 2019)]
[Notices]
[Pages 52535-52536]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-21386]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1177]


Certain Semiconductor Devices, Products Containing the Same, and 
Components Thereof (II); 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 26, 2019, under section 
337 of the Tariff Act of 1930, as amended, on behalf of Globalfoundries 
U.S. Inc. of Santa Clara, California. Supplements were filed on 
September 12, 2019 and September 16, 2019. 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 semiconductor devices, products containing 
the same, and components thereof by reason of infringement of certain 
claims of U.S. Patent No. 8,823,178 (``the '178 patent''); U.S. Patent 
No. 9,105,643 (``the '643 patent''); U.S. Patent No. 7,378,357 (``the 
'357 patent''); and U.S. Patent No. 9,082,877 (``the '877 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

[[Page 52536]]

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-
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: Pathenia M. Proctor, The Office of 
Unfair Import Investigations, U.S. International Trade Commission, 
telephone (202) 205-2560.

SUPPLEMENTARY INFORMATION: 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 (2019).
    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on September 25, 2019, 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 products 
identified in paragraph (2) by reason of infringement of one or more of 
claims 1-5 of the '178 patent; claims 1-12 of the '643 patent; claims 
1-17 of the '357 patent; and claims 1-14 of the '877 patent; and 
whether an industry in the United States exists as required by 
subsection (a)(2) of section 337;
    (2) Pursuant to section 210.10(b)(1) of the Commission's Rules of 
Practice and Procedure, 19 CFR 210.10(b)(1), the plain language 
description of the accused products or category of accused products, 
which defines the scope of the investigation, is ``(a) TSMC 
semiconductor devices manufactured at the 16 nanometer (nm) and smaller 
technology nodes; (b) products containing such TSMC-manufactured 16 nm 
and smaller semiconductor devices, consisting of smartphones, tablets, 
computers, wearable devices, set top boxes, and switches (consisting of 
standalone switches and switches that are incorporated into routers); 
and (c) components thereof, consisting of integrated circuits and 
graphics cards containing such semiconductor devices;''
    (3) Pursuant to Commission Rule 210.50(b)(1), 19 CFR 210.50(b)(1), 
the presiding administrative law judge shall take evidence or other 
information and hear arguments from the parties and other interested 
persons with respect to the public interest in this investigation, as 
appropriate, and provide the Commission with findings of fact and a 
recommended determination on this issue, which shall be limited to the 
statutory public interest factors set forth in 19 U.S.C. 1337(d)(1), 
(f)(1), (g)(1);
    (4) 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: Globalfoundries U.S. Inc., 2600 Great 
America Way, Santa Clara, CA 95054.
    (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:

Taiwan Semiconductor Manufacturing Co., Ltd., No. 8, Li-Hsin Road VI, 
Hsinchu Science Park, Hsinchu 300-78, Taiwan
TSMC North America, 2851 Junction Avenue, San Jose, CA 95134
TSMC Technology, Inc., 2851 Junction Avenue, San Jose, CA 95134
Broadcom Inc., 1320 Ridder Park Drive, San Jose, CA 95131
Broadcom Corporation, 1320 Ridder Park Drive, San Jose, CA 95131
NVIDIA Corporation, 2788 San Tomas Expressway, Santa Clara, CA 95051
Apple Inc., One Apple Park Way, Cupertino, CA 95014
Arista Networks, Inc., 5453 Great America Parkway, Santa Clara, CA 
95054
ASUSTeK Computer Inc., No. 15, Li-Te Rd., Beitou District, Taipei 112, 
Taiwan
Cisco Systems, Inc., 170 West Tasman Drive, San Jose, CA 95134
Lenovo Group Ltd., Shangdi Information Industry Base, No. 6 Chuang ye 
Road, Haidian District, Beijing 100085, China

    (c) The Office of Unfair Import Investigations, U.S. International 
Trade Commission, 500 E Street SW, Suite 401, Washington, DC 20436; and
    (5) 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.

    By order of the Commission.

    Issued: September 26, 2019.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2019-21386 Filed 10-1-19; 8:45 am]
 BILLING CODE 7020-02-P
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