Certain LTE- and 3G-Compliant Cellular Communications Devices; Commission Determination To Review in Part a Final Initial Determination Finding No Violation of Section 337 and, on Review, To Affirm the Final Initial Determination's Finding of No Violation; Termination of the Investigation, 34649-34650 [2020-12152]
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Federal Register / Vol. 85, No. 109 / Friday, June 5, 2020 / Notices
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.
lotter on DSK9F5VC42PROD with NOTICES
Background
On April 16, 2020, Insteel Wire
Products Company, Mount Airy, North
Carolina, Sumiden Wire Products
Corporation, Dickson, Tennessee, and
Wire Mesh Corporation, Houston,
Texas, 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 PC strand from Turkey and
LTFV imports of PC strand from
Argentina, Colombia, Egypt, Indonesia,
Italy, Malaysia, Netherlands, Saudi
Arabia, South Africa, Spain, Taiwan,
Tunisia, Turkey, Ukraine, and UAE.
Accordingly, effective April 16, 2020,
the Commission instituted
countervailing duty investigation No.
701–TA–646 and antidumping duty
investigation Nos. 731–TA–1502–1516
(Preliminary).
Notice of the institution of the
Commission’s investigations and of a
public conference to be held in
Africa, Spain, Taiwan, Tunisia, the Republic of
Turkey, Ukraine, and the United Arab Emirates:
Initiation of Less-Than-Fair-Value Investigations; 85
FR 28605 (May 13, 2020), and Prestressed Concrete
Steel Wire Strand From the Republic of Turkey:
Initiation of Countervailing Duty Investigation; 85
FR 28610 (May 13, 2020).
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18:21 Jun 04, 2020
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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 April 23, 2020 (85
FR 22751). In light of the restrictions on
access to the Commission building due
to the COVID–19 pandemic, the
Commission conducted its conference
through written questions, submissions
of opening remarks and written
testimony, written responses to
questions, and postconference briefs.
All persons who requested the
opportunity were permitted to
participate.
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 1, 2020. The
views of the Commission are contained
in USITC Publication 5062 (June 2020),
entitled Prestressed Concrete Steel Wire
Strand from Argentina, Colombia,
Egypt, Indonesia, Italy, Malaysia,
Netherlands, Saudi Arabia, South
Africa, Spain, Taiwan, Tunisia, Turkey,
Ukraine, and United Arab Emirates:
Investigation Nos. 701–TA–646 and
731–TA–1502–1516 (Preliminary).
By order of the Commission.
Issued: June 1, 2020.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2020–12153 Filed 6–4–20; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–1138]
Certain LTE- and 3G-Compliant
Cellular Communications Devices;
Commission Determination To Review
in Part a Final Initial Determination
Finding No Violation of Section 337
and, on Review, To Affirm the Final
Initial Determination’s Finding of No
Violation; Termination of the
Investigation
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
Notice is hereby given that,
on February 18, 2020, the presiding
administrative law judge (‘‘ALJ’’) issued
a final initial determination (‘‘ID’’)
finding no violation of section 337 in
the above-captioned investigation. The
Commission has determined to review
the ID in part and, on review, has
determined to affirm the final ID’s
SUMMARY:
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Sfmt 4703
34649
finding of no violation. The
investigation is terminated.
FOR FURTHER INFORMATION CONTACT:
Richard P. Hadorn, Esq., Office of the
General Counsel, U.S. International
Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202)
205–3179. Copies of non-confidential
documents filed in connection with this
investigation may be viewed on the
Commission’s electronic docket (EDIS)
at https://edis.usitc.gov. For help
accessing EDIS, please email
EDIS3Help@usitc.gov. General
information concerning the Commission
may also be obtained by accessing its
internet server at https://www.usitc.gov.
Hearing-impaired persons are advised
that information on this matter can be
obtained by contacting the
Commission’s TDD terminal, telephone
(202) 205–1810.
SUPPLEMENTARY INFORMATION: The
Commission instituted this investigation
on October 19, 2018, based on a
complaint filed by INVT SPE LLC
(‘‘INVT’’) of San Francisco, California.
83 FR 53105 (Oct. 19, 2018). The
complaint alleges violations of section
337 of the Tariff Act of 1930, as
amended (19 U.S.C. 1337) (‘‘Section
337’’), in the importation into the
United States, the sale for importation,
or the sale within the United States after
importation of certain LTE- and 3Gcompliant cellular communications
devices by reason of infringement of
certain claims of U.S. Patent Nos.
7,339,949 (‘‘the ’949 patent’’); 7,848,439
(‘‘the ’439 patent’’); 6,760,590 (‘‘the ’590
patent’’); 7,206,587 (‘‘the ’587 patent’’);
and 7,764,711 (‘‘the ’711 patent’’). Id.
The complaint further alleges that a
domestic industry exists. Id. The notice
of investigation named as respondents
Apple Inc. (‘‘Apple’’) of Cupertino,
California; HTC Corporation of Taoyuan
City, Taiwan; HTC America, Inc. of
Seattle, Washington; ZTE Corporation of
Guangdong, China; and ZTE (USA) Inc.
of Richardson, Texas (collectively, the
‘‘Respondents’’). Id. at 53106. The Office
of Unfair Import Investigations (‘‘OUII’’)
is also named as a party. Id.
The Commission later terminated the
investigation as to: (1) The ’711 patent,
Order No. 20 (Mar. 11, 2019),
unreviewed by Comm’n Notice (Mar. 25,
2019); and (2) the ’949 patent and claim
3 of the ’439 patent, Order No. 46 (July
31, 2019), unreviewed by Comm’n
Notice (Aug. 20, 2019). Remaining in
the investigation are claims 3 and 4 of
the 055A;590 patent, claim 4 of the
055A;587 patent, and claims 1 and 2 of
the 055A;439 patent.
On February 18, 2020, the ALJ issued
the final ID finding no violation of
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34650
Federal Register / Vol. 85, No. 109 / Friday, June 5, 2020 / Notices
Section 337. See ID. On March 2, 2020,
INVT and OUII each filed petitions for
review of certain findings in the ID and
Respondents filed a contingent petition
for review. On March 17, 2020, the
parties filed responses to each other’s
petitions.
On April 3, 2020, the ALJ issued a
Recommended Determination on the
Public Interest, Remedy, and Bond
(‘‘RD’’) recommending that, should the
Commission reverse her findings in the
ID and find a violation of Section 337,
then the Commission should issue a
limited exclusion order, with a delayed
implementation, and cease and desist
orders against each Respondent. RD at 3.
The RD also recommends imposing no
bond during the period of Presidential
review. Id.
On April 8, 2020, Apple filed a
motion for sanctions against INVT
(‘‘Apple Motion’’). On April 20, 2020,
INVT filed an opposition to the motion.
On April 29, 2020, Apple filed a motion
for leave to file a reply in support of its
motion.
On May 4, 2020, the Commission
received a submission on the public
interest from INVT. On May 5, 2020, the
Commission received submissions on
the public interest from the following
non-parties: (1) ACT/The App
Association; (2) Cisco Systems, Inc.,
Dell Technologies, Inc., Hewlett Packard
Enterprise Company, HP Inc., and the
High Tech Inventors Alliance; and (3)
Computer & Communications Industry
Association. On May 6, 2020, the
Commission also received a submission
on the public interest from non-party
Fair Standards Alliance.
Having reviewed the record in this
investigation, including the ALJ’s orders
and ID, as well as the parties’ petitions
and responses thereto, the Commission
has determined to review the ID in part,
as follows:
The Commission has determined to
review and, on review, take no position
on the ID’s findings regarding the
following issues: (1) Whether INVT has
standing before the Commission to
assert the ’590, ’587, and ’439 patents;
(2) whether INVT satisfied the economic
prong of the domestic industry
requirement; and (3) whether
Respondents’ affirmative defenses of (i)
patent exhaustion, (ii) equitable
estoppel and waiver, and (iii) unclean
hands bar the requested relief.
The Commission has determined not
to review the remaining findings in the
final ID.
Accordingly, the Commission has
determined to affirm the final ID’s
finding of no violation of section 337.
The investigation is terminated.
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The Commission has also determined
to deny Apple’s motion for sanctions
because the information at issue was not
disclosed to unauthorized persons nor
was it placed on the public record. See
Apple Motion, Exh. 13.
The Commission vote for these
determinations took place on June 1,
2020.
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: June 1, 2020.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2020–12152 Filed 6–4–20; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
Notice of Receipt of Complaint;
Solicitation of Comments Relating to
the Public Interest
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
Notice is hereby given that
the U.S. International Trade
Commission has received a complaint
entitled Certain Chemical Mechanical
Planarization Slurries and Components
Thereof, DN 3457; the Commission is
soliciting comments on any public
interest issues raised by the complaint
or complainant’s filing pursuant to the
Commission’s Rules of Practice and
Procedure.
SUMMARY:
Lisa
R. Barton, Secretary to the Commission,
U.S. International Trade Commission,
500 E Street SW, Washington, DC
20436, telephone (202) 205–2000. The
public version of the complaint can be
accessed on the Commission’s
Electronic Document Information
System (EDIS) at https://edis.usitc.gov.
For help accessing EDIS, please email
EDIS3Help@usitc.gov.
General information concerning the
Commission may also be obtained by
accessing its internet server at United
States International Trade Commission
(USITC) at https://www.usitc.gov . The
public record for this investigation may
be viewed on the Commission’s
Electronic Document Information
System (EDIS) at https://edis.usitc.gov.
Hearing-impaired persons are advised
that information on this matter can be
FOR FURTHER INFORMATION CONTACT:
PO 00000
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Fmt 4703
Sfmt 4703
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 Cabot
Microelectronics Corporation on June 1,
2020. 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 chemical mechanical
planarization slurries and components
thereof. The complaint names as
respondents: DuPont de Nemours, Inc.
of Wilmington, DE; Rohm and Haas
Electronic Materials of Newark, DE;
Rohm and Haas Electronic Materials
CMP Asia Inc. (d/b/a Rohm and Haas
Electronic Materials CMP Asia Inc.,
Taiwan Branch (U.S.A.)) of Taiwan;
Rohm and Haas Electronic Materials
Asia-Pacific Co., Ltd. of Taiwan; Rohm
and Haas Electronic Materials K.K. of
Japan; and Rohm and Haas Electronic
Materials LLC of Marlborough, MA. 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 60day 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;
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]]>Agencies
[Federal Register Volume 85, Number 109 (Friday, June 5, 2020)]
[Notices]
[Pages 34649-34650]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-12152]
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1138]
Certain LTE- and 3G-Compliant Cellular Communications Devices;
Commission Determination To Review in Part a Final Initial
Determination Finding No Violation of Section 337 and, on Review, To
Affirm the Final Initial Determination's Finding of No Violation;
Termination of the Investigation
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that, on February 18, 2020, the
presiding administrative law judge (``ALJ'') issued a final initial
determination (``ID'') finding no violation of section 337 in the
above-captioned investigation. The Commission has determined to review
the ID in part and, on review, has determined to affirm the final ID's
finding of no violation. The investigation is terminated.
FOR FURTHER INFORMATION CONTACT: Richard P. Hadorn, Esq., Office of the
General Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202) 205-3179. Copies of non-
confidential documents filed in connection with this investigation may
be viewed on the Commission's electronic docket (EDIS) at https://edis.usitc.gov. For help accessing EDIS, please email
[email protected]. General information concerning the Commission may
also be obtained by accessing its internet server at https://www.usitc.gov. Hearing-impaired persons are advised that information on
this matter can be obtained by contacting the Commission's TDD
terminal, telephone (202) 205-1810.
SUPPLEMENTARY INFORMATION: The Commission instituted this investigation
on October 19, 2018, based on a complaint filed by INVT SPE LLC
(``INVT'') of San Francisco, California. 83 FR 53105 (Oct. 19, 2018).
The complaint alleges violations of section 337 of the Tariff Act of
1930, as amended (19 U.S.C. 1337) (``Section 337''), in the importation
into the United States, the sale for importation, or the sale within
the United States after importation of certain LTE- and 3G-compliant
cellular communications devices by reason of infringement of certain
claims of U.S. Patent Nos. 7,339,949 (``the '949 patent''); 7,848,439
(``the '439 patent''); 6,760,590 (``the '590 patent''); 7,206,587
(``the '587 patent''); and 7,764,711 (``the '711 patent''). Id. The
complaint further alleges that a domestic industry exists. Id. The
notice of investigation named as respondents Apple Inc. (``Apple'') of
Cupertino, California; HTC Corporation of Taoyuan City, Taiwan; HTC
America, Inc. of Seattle, Washington; ZTE Corporation of Guangdong,
China; and ZTE (USA) Inc. of Richardson, Texas (collectively, the
``Respondents''). Id. at 53106. The Office of Unfair Import
Investigations (``OUII'') is also named as a party. Id.
The Commission later terminated the investigation as to: (1) The
'711 patent, Order No. 20 (Mar. 11, 2019), unreviewed by Comm'n Notice
(Mar. 25, 2019); and (2) the '949 patent and claim 3 of the '439
patent, Order No. 46 (July 31, 2019), unreviewed by Comm'n Notice (Aug.
20, 2019). Remaining in the investigation are claims 3 and 4 of the
055A;590 patent, claim 4 of the 055A;587 patent, and claims 1 and 2 of
the 055A;439 patent.
On February 18, 2020, the ALJ issued the final ID finding no
violation of
[[Page 34650]]
Section 337. See ID. On March 2, 2020, INVT and OUII each filed
petitions for review of certain findings in the ID and Respondents
filed a contingent petition for review. On March 17, 2020, the parties
filed responses to each other's petitions.
On April 3, 2020, the ALJ issued a Recommended Determination on the
Public Interest, Remedy, and Bond (``RD'') recommending that, should
the Commission reverse her findings in the ID and find a violation of
Section 337, then the Commission should issue a limited exclusion
order, with a delayed implementation, and cease and desist orders
against each Respondent. RD at 3. The RD also recommends imposing no
bond during the period of Presidential review. Id.
On April 8, 2020, Apple filed a motion for sanctions against INVT
(``Apple Motion''). On April 20, 2020, INVT filed an opposition to the
motion. On April 29, 2020, Apple filed a motion for leave to file a
reply in support of its motion.
On May 4, 2020, the Commission received a submission on the public
interest from INVT. On May 5, 2020, the Commission received submissions
on the public interest from the following non-parties: (1) ACT/The App
Association; (2) Cisco Systems, Inc., Dell Technologies, Inc., Hewlett
Packard Enterprise Company, HP Inc., and the High Tech Inventors
Alliance; and (3) Computer & Communications Industry Association. On
May 6, 2020, the Commission also received a submission on the public
interest from non-party Fair Standards Alliance.
Having reviewed the record in this investigation, including the
ALJ's orders and ID, as well as the parties' petitions and responses
thereto, the Commission has determined to review the ID in part, as
follows:
The Commission has determined to review and, on review, take no
position on the ID's findings regarding the following issues: (1)
Whether INVT has standing before the Commission to assert the '590,
'587, and '439 patents; (2) whether INVT satisfied the economic prong
of the domestic industry requirement; and (3) whether Respondents'
affirmative defenses of (i) patent exhaustion, (ii) equitable estoppel
and waiver, and (iii) unclean hands bar the requested relief.
The Commission has determined not to review the remaining findings
in the final ID.
Accordingly, the Commission has determined to affirm the final ID's
finding of no violation of section 337. The investigation is
terminated.
The Commission has also determined to deny Apple's motion for
sanctions because the information at issue was not disclosed to
unauthorized persons nor was it placed on the public record. See Apple
Motion, Exh. 13.
The Commission vote for these determinations took place on June 1,
2020.
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: June 1, 2020.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2020-12152 Filed 6-4-20; 8:45 am]
BILLING CODE 7020-02-P
