Certain Chemical Mechanical Planarization Slurries and Components Thereof; Commission Determination To Review in Part a Final Initial Determination Finding a Violation of Section 337; Request for Written Submissions on the Issues Under Review and on Remedy, the Public Interest, and Bonding, 53674-53676 [2021-20984]
Download as PDF
<![CDATA[
53674
Federal Register / Vol. 86, No. 185 / Tuesday, September 28, 2021 / Notices
or on behalf of, HUD in connection with
MHLS 2022–1;
5. Any employee of HUD, a member
of such employee’s family, or an entity
owned or controlled by any such
employee or member of such an
employee’s family;
6. Any individual or entity that uses
the services, directly or indirectly, of
any person or entity ineligible under
provisions (3) through (5) above to assist
in preparing its bid on any Mortgage
Loan;
7. An FHA-approved mortgagee,
including any principals, affiliates, or
assigns thereof, that has received FHA
insurance benefits for one or more of the
Mortgage Loans being offered in the
Loan Sale;
8. An FHA-approved mortgagee and/
or loan servicer, including any
principals, affiliates, or assigns thereof,
that originated one or more of the
Mortgage Loans being offered in the
Loan Sale if the Mortgage Loan
defaulted within two years of
origination and resulted in the payment
of an FHA insurance claim;
9. Any affiliate, principal or employee
of any person or entity that, within the
two-year period prior to October 1,
2021, serviced any Mortgage Loan or
performed other services for or on
behalf of HUD in regards to any
Mortgage Loan;
10. Any contractor or subcontractor
working for or on behalf of HUD that
had access to information concerning
any Mortgage Loan or provided services
to any person or entity which, within
the two-year period prior to October 1,
2021, had access to information with
respect to any Mortgage Loan; and/or
11. Any employee, officer, director or
any other person that provides or will
provide services to the prospective
bidder with respect to the Mortgage
Loans during any warranty period
established for the Loan Sale, that
serviced the Mortgage Loans or
performed other services for or on
behalf of HUD or within the two-year
period prior to October 1, 2021,
provided services to any person or
entity which serviced, performed
services or otherwise had access to
information with respect to any
Mortgage Loan for or on behalf of HUD.
Other entities/individuals not
described herein may also be restricted
from bidding on the Mortgage Loans, as
fully detailed in the Qualification
Statement.
The Qualification Statement provides
further details pertaining to eligibility
requirements. Prospective bidders
should carefully review the
Qualification Statement to determine
whether they are eligible to submit bids
VerDate Sep<11>2014
16:35 Sep 27, 2021
Jkt 253001
on the Mortgage Loans in MHLS 2022–
1.
Freedom of Information Act Requests
HUD reserves the right, in its sole and
absolute discretion, to disclose
information regarding MHLS 2022–1,
including, but not limited to, the
identity of any successful bidder and its
bid price or bid percentage for the
Mortgage Loans, upon the closing of the
sale of the Mortgage Loans. Even if HUD
elects not to publicly disclose any
information relating to MHLS 2022–1,
HUD may be required to disclose
information relating to MHLS 2022–1
pursuant to the Freedom of Information
Act and all regulations promulgated
thereunder.
Scope of Notice
This notice applies to MHLS 2022–1
and does not establish HUD’s policy for
the sale of other mortgage loans.
Lopa Kolluri,
Principal Deputy, Assistant Secretary for
Housing.
[FR Doc. 2021–21054 Filed 9–27–21; 8:45 am]
BILLING CODE 4210–67–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–1204]
Certain Chemical Mechanical
Planarization Slurries and Components
Thereof; Commission Determination
To Review in Part a Final Initial
Determination Finding a Violation of
Section 337; Request for Written
Submissions on the Issues Under
Review and on Remedy, the Public
Interest, and Bonding
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
Notice is hereby given that
the U.S. International Trade
Commission has determined to review
in part the Administrative Law Judge’s
(‘‘ALJ’’) final initial determination
(‘‘ID’’) issued on July 8, 2021, finding a
violation of section 337 in the abovereferenced investigation. The
Commission requests briefing from the
parties on certain issues under review,
as indicated in this notice, and
submissions from the parties, interested
government agencies, and interested
persons on the issues of remedy, the
public interest, and bonding as
indicated in this notice under the
schedule set forth below.
FOR FURTHER INFORMATION CONTACT:
Panyin A. Hughes, Office of the General
SUMMARY:
PO 00000
Frm 00047
Fmt 4703
Sfmt 4703
Counsel, U.S. International Trade
Commission, 500 E Street SW,
Washington, DC 20436, telephone (202)
205–3042. 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 on (202)
205–1810.
SUPPLEMENTARY INFORMATION: On July 7,
2020, the Commission instituted this
investigation under section 337 of the
Tariff Act of 1930, as amended, 19
U.S.C. 1337 (‘‘section 337’’), based on a
complaint filed by Cabot
Microelectronics Corporation (‘‘CMC’’)
of Aurora, Illinois. 85 FR 40685–86 (July
7, 2020). The complaint, as
supplemented, alleges violations 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 chemical
mechanical planarization (‘‘CMP’’)
slurries and components thereof by
reason of infringement of one or more of
claims 1, 3–6, 10, 11, 13, 14, 18–20, 24,
26–29, 31, 35–37, and 39- 44 of U.S.
Patent No. 9,499,721 (‘‘the ’721 patent’’).
Id. at 40685. The Commission’s notice
of investigation named as respondents
DuPont de Nemours, Inc. of
Wilmington, Delaware; Rohm and Haas
Electronic Materials CMP, LLC of
Newark, Delaware; 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 Taoyuan City, Taiwan; Rohm and
Haas Electronic Materials Asia-Pacific
Co., Ltd. of Miaoli, Taiwan; Rohm and
Haas Electronic Materials K.K. of Tokyo,
Japan; and Rohm and Haas Electronic
Materials LLC of Marlborough,
Massachusetts (collectively,
‘‘Respondents’’ or ‘‘DuPont’’). Id. at
40686. The Office of Unfair Import
Investigations (‘‘OUII’’) is participating
in this investigation. Id.
On October 1, 2020, the ALJ issued an
initial determination granting CMC’s
unopposed motion to amend the
complaint and notice of investigation to
assert infringement of claims 17 and 46
of the ’721 patent. Order No. 7 (Oct. 1,
2020), unreviewed by Notice (Oct. 16,
2020).
On November 10, 2020, the ALJ
issued an initial determination granting
E:\FR\FM\28SEN1.SGM
28SEN1
Federal Register / Vol. 86, No. 185 / Tuesday, September 28, 2021 / Notices
CMC’s unopposed motion to amend the
complaint and notice of investigation to
change the name of Complainant from
Cabot Microelectronics Corporation to
CMC Materials, Inc. Order No. 8 (Nov.
10, 2020), unreviewed by Notice (Nov.
24, 2020).
On January 26, 2021, the ALJ issued
an initial determination granting CMC’s
unopposed motion to amend the
complaint and notice of investigation to
reflect the conversion of Rohm and Haas
Electronic Materials, Inc. to Rohm and
Haas Electronic Materials CMP, LLC.
Order No. 13 (Jan. 26, 2021), unreviewed
by Notice (Feb. 11, 2021).
On January 26, 2021, the ALJ issued
an initial determination granting CMC’s
unopposed motion to terminate the
investigation as to claim 5 of the ’721
patent. Order No. 12 (Jan. 26, 2021),
unreviewed by Notice (Feb. 16, 2021).
On July 8, 2021, the ALJ issued the
subject final ID finding a violation of
section 337. The ID found that the
parties do not contest personal
jurisdiction, and that the Commission
has in rem jurisdiction over the accused
products. ID at 11. The ID further found
that the importation requirement under
19 U.S.C. 1337(a)(1)(B) is satisfied. ID at
11–30. The ID also found that CMC
established the existence of a domestic
industry that practices the ’721 patent.
ID at 144–169, 297–314. The ID
concluded that CMC proved that
Respondent’s accused products infringe
the asserted claims of the ’721 patent
and that Respondents failed to show
that the asserted claims are invalid. ID
at 87–144. The ID included the ALJ’s
recommended determination on remedy
and bonding (‘‘RD’’). The RD
recommended that, should the
Commission find a violation, issuance
of a limited exclusion order and cease
and desist orders would be appropriate.
ID/RD at 316–331. The RD also
recommended imposing a bond in the
amount of one hundred percent of the
entered value for covered products
imported during the period of
Presidential review. ID at 331.
On July 15, 2021, OUII filed a motion
to extend the time for the parties to file
petitions for review from July 20, 2021
(with responses due July 28, 2021) to
July 29, 2021 (with responses due
August 12, 2021). On July 16, 2021, the
Chair granted the motion.
On July 29, 2021, Respondents and
OUII filed separate petitions for review
of the ID. On August 12, 2021, CMC
submitted responses to the petitions
filed by DuPont and OUII, and OUII
submitted a response to DuPont’s
petition.
On August 30, 2021, the Commission
extended the due date for determining
VerDate Sep<11>2014
16:35 Sep 27, 2021
Jkt 253001
whether to review the final ID from
September 8, 2021, to September 22,
2021.
Having examined the record of this
investigation, including the ID, the
petitions for review, and the responses
thereto, the Commission has determined
to review the ID’s findings on
importation, infringement, and domestic
industry. The Commission has
determined not to review the remainder
of the ID. The parties are requested to
brief their positions with reference to
the applicable law and the evidentiary
record regarding only the following
issues:
(1) Please discuss whether, including
under the framework articulated by
Chair Kearns in his Additional Views in
Certain High-Density Fiber Optic
Equipment and Components Thereof,
Inv. No. 337–TA–1194, the Fuso BS–3
particles should be considered articles
that directly infringe the asserted claims
of the ’721 patent and therefore are
articles that infringe under section 337.
See Certain High-Density Fiber Optic
Equipment and Components Thereof,
Inv. No. 337–TA–1194, Comm’n Op. at
98–104, Additional Views of Chair
Kearns Regarding ‘‘Articles that
Infringe’’ (Aug. 23, 2021).
(2) The ID credits the entirety of
investments in certain assets necessary
for manufacturing the DI products,
including a portion of the 845
Enterprise Facility and certain
equipment at the 845 Enterprise
Facility, even though these assets may
also be used to manufacture other
products. ID at 301–303. Please indicate
why allocation to the DI products is not
required under the facts of this
investigation, and the percentage of
these assets that are used for the DI
products as opposed to other products.
In connection with the final
disposition of this investigation, the
Commission may issue: (1) An
exclusion order that could result in the
exclusion of the subject articles from
entry into the United States, and/or (2)
a cease-and-desist order that could
result in the respondent being required
to cease and desist from engaging in
unfair acts in the importation and sale
of such articles. Accordingly, the
Commission is interested in receiving
written submissions that address the
form of remedy, if any, that should be
ordered. If a party seeks exclusion of an
article from entry into the United States
for purposes other than entry for
consumption, the party should so
indicate and provide information
establishing that activities involving
other types of entry either are adversely
affecting it or likely to do so. For
background, see Certain Devices for
PO 00000
Frm 00048
Fmt 4703
Sfmt 4703
53675
Connecting Computers via Telephone
Lines, Inv. No. 337–TA–360, USITC
Pub. No. 2843, Comm’n Op. at 7–10
(Dec. 1994).
If the Commission contemplates some
form of remedy, it must consider the
effects of that remedy upon the public
interest. The factors the Commission
will consider include the effect that an
exclusion order and/or cease and desist
orders would have on (1) the public
health and welfare, (2) competitive
conditions in the U.S. economy, (3) U.S.
production of articles that are like or
directly competitive with those that are
subject to investigation, and (4) U.S.
consumers. The Commission is
therefore interested in receiving written
submissions that address the
aforementioned public interest factors
in the context of this investigation. In
that regard, the parties are requested to
also brief their positions on the
following questions:
(1) Is there currently a shortage of
semiconductor chips available in the
United States, and if so, how long is this
shortage likely to continue?
(2) How would an exclusion order or
cease and desist order impact the
availability of semiconductor chips in
the United States?
(3) If the Commission issues an
exclusion order directed to DuPont’s
infringing CMP products, including the
BS–3 particle, are there other CMP
products readily available that can meet
domestic demand? Please identify
sources of these alternatives and their
capacity to replace the excluded
products.
If the Commission orders some form
of remedy, the U.S. Trade
Representative, as delegated by the
President, has 60 days to approve,
disapprove, or take no action on the
Commission’s determination. See
Presidential Memorandum of July 21,
2005, 70 FR 43251 (July 26, 2005).
During this period, the subject articles
would be entitled to enter the United
States under bond, in an amount
determined by the Commission and
prescribed by the Secretary of the
Treasury. The Commission is therefore
interested in receiving submissions
concerning the amount of the bond that
should be imposed if a remedy is
ordered.
Written Submissions: The parties to
this investigation are requested to file
written submissions on the issues of
remedy, the public interest, and
bonding. Such submissions should
address the recommended
determination by the ALJ on remedy
and bonding. In their initial
submissions, Complainant is also
requested to identify the remedy sought
E:\FR\FM\28SEN1.SGM
28SEN1
53676
Federal Register / Vol. 86, No. 185 / Tuesday, September 28, 2021 / Notices
and Complainant and OUII are
requested to submit proposed remedial
orders for the Commission’s
consideration. Complainant is also
requested to state the date that the
patent expires and the HTSUS
subheadings under which the accused
products are imported. Complainant is
further requested to supply the names of
known importers of the Respondent’s
products at issue in this investigation.
The parties’ written submissions and
proposed remedial orders must be filed
no later than the close of business on
October 6, 2021. Reply submissions
must be filed no later than the close of
business on October 13, 2021. Opening
submissions are limited to 50 pages.
Reply submissions are limited to 30
pages. Such submissions should address
the ALJ’s recommended determination
on remedy and bonding. Interested
government agencies and any other
interested parties are also encouraged to
file written submissions on the issues of
remedy, the public interest, and
bonding. Third-party submissions
should be filed no later than the close
of business on October 6, 2021. No
further submissions on any of these
issues will be permitted unless
otherwise ordered by the Commission.
Persons filing written submissions
must file the original document
electronically on or before the deadlines
stated above. The Commission’s paper
filing requirements in 19 CFR 210.4(f)
are currently waived. 85 FR 15798
(March 19, 2020). Submissions should
refer to the investigation number (‘‘Inv.
No. 337–TA–1204’’) in a prominent
place on the cover page and/or the first
page. (See Handbook on Filing
Procedures, https://www.usitc.gov/
documents/handbook_on_filing_
procedures.pdf). Persons with questions
regarding filing should contact the
Secretary at (202) 205–2000.
Any person desiring to submit a
document to the Commission in
confidence must request confidential
treatment by marking each document
with a header indicating that the
document contains confidential
information. This marking will be
deemed to satisfy the request procedure
set forth in Rules 201.6(b) and
210.5(e)(2) (19 CFR 201.6(b) &
210.5(e)(2)). Documents for which
confidential treatment by the
Commission is properly sought will be
treated accordingly. A redacted nonconfidential version of the document
must also be filed simultaneously with
any confidential filing. All information,
including confidential business
information and documents for which
confidential treatment is properly
sought, submitted to the Commission for
VerDate Sep<11>2014
16:35 Sep 27, 2021
Jkt 253001
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
the Commission including under 5
U.S.C. Appendix 3; or (ii) by U.S.
government employees and contract
personnel, solely for cybersecurity
purposes. All contract personnel will
sign appropriate nondisclosure
agreements. All nonconfidential written
submissions will be available for public
inspection on EDIS.
The Commission’s vote on this
determination took place on September
22, 2021.
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 210).
By order of the Commission.
Issued: September 22, 2021.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2021–20984 Filed 9–27–21; 8:45 am]
BILLING CODE 7020–02–P
DEPARTMENT OF JUSTICE
[OMB Number 1110–0004]
Agency Information Collection
Activities; Proposed eCollection;
eComments requested; Revision of a
Currently Approved Collection;
Number of Law Enforcement
Employees as of October 31
Federal Bureau of
Investigation, Department of Justice.
ACTION: 60-Day notice.
AGENCY:
The Department of Justice,
Federal Bureau of Investigation,
Criminal Justice Information Services
Division, will be submitting the
following information collection request
to the Office of Management and Budget
for review and approval in accordance
with the Paperwork Reduction Act of
1995.
SUMMARY:
Comments are encouraged and
will be accepted for 60 days until
November 29, 2021.
FOR FURTHER INFORMATION CONTACT: All
comments, suggestions, or questions
regarding additional information, to
include obtaining a copy of the
proposed information collection
instrument with instructions, should be
DATES:
PO 00000
Frm 00049
Fmt 4703
Sfmt 4703
directed to Ms. Amy C. Blasher, Unit
Chief, Federal Bureau of Investigation,
Criminal Justice Information Services
Division, Module E–3, 1000 Custer
Hollow Road, Clarksburg, West Virginia
26306; Email: acblasher@fbi.gov.
SUPPLEMENTARY INFORMATION: Written
comments and suggestions from the
public and affected agencies concerning
the proposed collection of information
are encouraged. Your comments should
address one or more of the following
four points:
—Evaluate whether the proposed
collection of information is necessary
for the proper performance of the
functions of the agency, including
whether the information will have
practical utility;
—Evaluate the accuracy of the agency’s
estimate of the burden of the
proposed collection of information,
including the validity of the
methodology and assumptions used;
—Evaluate whether and if so how the
quality, utility, and clarity of the
information to be collected can be
enhanced; and
—Minimize the burden of the collection
of information on those who are to
respond, including through the use of
appropriate automated, electronic,
mechanical, or other technological
collection techniques or other forms
of information technology, e.g.,
permitting electronic submission of
responses.
Overview of This Information
Collection
1. Type of Information Collection:
Revision of a currently approved
collection.
2. The Title of the Form/Collection:
Number of Law Enforcement Employees
as of October 31.
3. The agency form number, if any,
and the applicable component of the
Department sponsoring the collection:
The form number is: 1–711. The
applicable component within the
Department of Justice is the Criminal
Justice Information Services Division, in
the Federal Bureau of Investigation.
4. Affected public who will be asked
or required to respond, as well as a brief
abstract:
Primary: Federal, state, county, city,
and tribal law enforcement agencies.
Abstract: Under Title 34, United
States Code (U.S.C.) Section (§ ) 41303
and 28 U.S.C 534, this collection
requests the number of full and parttime law enforcement employees by
race/ethnicity for both officers and
civilians, from federal, state, county,
city, and tribal law enforcement
agencies in order for the Federal Bureau
E:\FR\FM\28SEN1.SGM
28SEN1
]]>Agencies
[Federal Register Volume 86, Number 185 (Tuesday, September 28, 2021)]
[Notices]
[Pages 53674-53676]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-20984]
=======================================================================
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1204]
Certain Chemical Mechanical Planarization Slurries and Components
Thereof; Commission Determination To Review in Part a Final Initial
Determination Finding a Violation of Section 337; Request for Written
Submissions on the Issues Under Review and on Remedy, the Public
Interest, and Bonding
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that the U.S. International Trade
Commission has determined to review in part the Administrative Law
Judge's (``ALJ'') final initial determination (``ID'') issued on July
8, 2021, finding a violation of section 337 in the above-referenced
investigation. The Commission requests briefing from the parties on
certain issues under review, as indicated in this notice, and
submissions from the parties, interested government agencies, and
interested persons on the issues of remedy, the public interest, and
bonding as indicated in this notice under the schedule set forth below.
FOR FURTHER INFORMATION CONTACT: Panyin A. Hughes, Office of the
General Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202) 205-3042. 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
on (202) 205-1810.
SUPPLEMENTARY INFORMATION: On July 7, 2020, the Commission instituted
this investigation under section 337 of the Tariff Act of 1930, as
amended, 19 U.S.C. 1337 (``section 337''), based on a complaint filed
by Cabot Microelectronics Corporation (``CMC'') of Aurora, Illinois. 85
FR 40685-86 (July 7, 2020). The complaint, as supplemented, alleges
violations 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 chemical mechanical planarization (``CMP'')
slurries and components thereof by reason of infringement of one or
more of claims 1, 3-6, 10, 11, 13, 14, 18-20, 24, 26-29, 31, 35-37, and
39- 44 of U.S. Patent No. 9,499,721 (``the '721 patent''). Id. at
40685. The Commission's notice of investigation named as respondents
DuPont de Nemours, Inc. of Wilmington, Delaware; Rohm and Haas
Electronic Materials CMP, LLC of Newark, Delaware; 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 Taoyuan City,
Taiwan; Rohm and Haas Electronic Materials Asia-Pacific Co., Ltd. of
Miaoli, Taiwan; Rohm and Haas Electronic Materials K.K. of Tokyo,
Japan; and Rohm and Haas Electronic Materials LLC of Marlborough,
Massachusetts (collectively, ``Respondents'' or ``DuPont''). Id. at
40686. The Office of Unfair Import Investigations (``OUII'') is
participating in this investigation. Id.
On October 1, 2020, the ALJ issued an initial determination
granting CMC's unopposed motion to amend the complaint and notice of
investigation to assert infringement of claims 17 and 46 of the '721
patent. Order No. 7 (Oct. 1, 2020), unreviewed by Notice (Oct. 16,
2020).
On November 10, 2020, the ALJ issued an initial determination
granting
[[Page 53675]]
CMC's unopposed motion to amend the complaint and notice of
investigation to change the name of Complainant from Cabot
Microelectronics Corporation to CMC Materials, Inc. Order No. 8 (Nov.
10, 2020), unreviewed by Notice (Nov. 24, 2020).
On January 26, 2021, the ALJ issued an initial determination
granting CMC's unopposed motion to amend the complaint and notice of
investigation to reflect the conversion of Rohm and Haas Electronic
Materials, Inc. to Rohm and Haas Electronic Materials CMP, LLC. Order
No. 13 (Jan. 26, 2021), unreviewed by Notice (Feb. 11, 2021).
On January 26, 2021, the ALJ issued an initial determination
granting CMC's unopposed motion to terminate the investigation as to
claim 5 of the '721 patent. Order No. 12 (Jan. 26, 2021), unreviewed by
Notice (Feb. 16, 2021).
On July 8, 2021, the ALJ issued the subject final ID finding a
violation of section 337. The ID found that the parties do not contest
personal jurisdiction, and that the Commission has in rem jurisdiction
over the accused products. ID at 11. The ID further found that the
importation requirement under 19 U.S.C. 1337(a)(1)(B) is satisfied. ID
at 11-30. The ID also found that CMC established the existence of a
domestic industry that practices the '721 patent. ID at 144-169, 297-
314. The ID concluded that CMC proved that Respondent's accused
products infringe the asserted claims of the '721 patent and that
Respondents failed to show that the asserted claims are invalid. ID at
87-144. The ID included the ALJ's recommended determination on remedy
and bonding (``RD''). The RD recommended that, should the Commission
find a violation, issuance of a limited exclusion order and cease and
desist orders would be appropriate. ID/RD at 316-331. The RD also
recommended imposing a bond in the amount of one hundred percent of the
entered value for covered products imported during the period of
Presidential review. ID at 331.
On July 15, 2021, OUII filed a motion to extend the time for the
parties to file petitions for review from July 20, 2021 (with responses
due July 28, 2021) to July 29, 2021 (with responses due August 12,
2021). On July 16, 2021, the Chair granted the motion.
On July 29, 2021, Respondents and OUII filed separate petitions for
review of the ID. On August 12, 2021, CMC submitted responses to the
petitions filed by DuPont and OUII, and OUII submitted a response to
DuPont's petition.
On August 30, 2021, the Commission extended the due date for
determining whether to review the final ID from September 8, 2021, to
September 22, 2021.
Having examined the record of this investigation, including the ID,
the petitions for review, and the responses thereto, the Commission has
determined to review the ID's findings on importation, infringement,
and domestic industry. The Commission has determined not to review the
remainder of the ID. The parties are requested to brief their positions
with reference to the applicable law and the evidentiary record
regarding only the following issues:
(1) Please discuss whether, including under the framework
articulated by Chair Kearns in his Additional Views in Certain High-
Density Fiber Optic Equipment and Components Thereof, Inv. No. 337-TA-
1194, the Fuso BS-3 particles should be considered articles that
directly infringe the asserted claims of the '721 patent and therefore
are articles that infringe under section 337. See Certain High-Density
Fiber Optic Equipment and Components Thereof, Inv. No. 337-TA-1194,
Comm'n Op. at 98-104, Additional Views of Chair Kearns Regarding
``Articles that Infringe'' (Aug. 23, 2021).
(2) The ID credits the entirety of investments in certain assets
necessary for manufacturing the DI products, including a portion of the
845 Enterprise Facility and certain equipment at the 845 Enterprise
Facility, even though these assets may also be used to manufacture
other products. ID at 301-303. Please indicate why allocation to the DI
products is not required under the facts of this investigation, and the
percentage of these assets that are used for the DI products as opposed
to other products.
In connection with the final disposition of this investigation, the
Commission may issue: (1) An exclusion order that could result in the
exclusion of the subject articles from entry into the United States,
and/or (2) a cease-and-desist order that could result in the respondent
being required to cease and desist from engaging in unfair acts in the
importation and sale of such articles. Accordingly, the Commission is
interested in receiving written submissions that address the form of
remedy, if any, that should be ordered. If a party seeks exclusion of
an article from entry into the United States for purposes other than
entry for consumption, the party should so indicate and provide
information establishing that activities involving other types of entry
either are adversely affecting it or likely to do so. For background,
see Certain Devices for Connecting Computers via Telephone Lines, Inv.
No. 337-TA-360, USITC Pub. No. 2843, Comm'n Op. at 7-10 (Dec. 1994).
If the Commission contemplates some form of remedy, it must
consider the effects of that remedy upon the public interest. The
factors the Commission will consider include the effect that an
exclusion order and/or cease and desist orders would have on (1) the
public health and welfare, (2) competitive conditions in the U.S.
economy, (3) U.S. production of articles that are like or directly
competitive with those that are subject to investigation, and (4) U.S.
consumers. The Commission is therefore interested in receiving written
submissions that address the aforementioned public interest factors in
the context of this investigation. In that regard, the parties are
requested to also brief their positions on the following questions:
(1) Is there currently a shortage of semiconductor chips available
in the United States, and if so, how long is this shortage likely to
continue?
(2) How would an exclusion order or cease and desist order impact
the availability of semiconductor chips in the United States?
(3) If the Commission issues an exclusion order directed to
DuPont's infringing CMP products, including the BS-3 particle, are
there other CMP products readily available that can meet domestic
demand? Please identify sources of these alternatives and their
capacity to replace the excluded products.
If the Commission orders some form of remedy, the U.S. Trade
Representative, as delegated by the President, has 60 days to approve,
disapprove, or take no action on the Commission's determination. See
Presidential Memorandum of July 21, 2005, 70 FR 43251 (July 26, 2005).
During this period, the subject articles would be entitled to enter the
United States under bond, in an amount determined by the Commission and
prescribed by the Secretary of the Treasury. The Commission is
therefore interested in receiving submissions concerning the amount of
the bond that should be imposed if a remedy is ordered.
Written Submissions: The parties to this investigation are
requested to file written submissions on the issues of remedy, the
public interest, and bonding. Such submissions should address the
recommended determination by the ALJ on remedy and bonding. In their
initial submissions, Complainant is also requested to identify the
remedy sought
[[Page 53676]]
and Complainant and OUII are requested to submit proposed remedial
orders for the Commission's consideration. Complainant is also
requested to state the date that the patent expires and the HTSUS
subheadings under which the accused products are imported. Complainant
is further requested to supply the names of known importers of the
Respondent's products at issue in this investigation.
The parties' written submissions and proposed remedial orders must
be filed no later than the close of business on October 6, 2021. Reply
submissions must be filed no later than the close of business on
October 13, 2021. Opening submissions are limited to 50 pages. Reply
submissions are limited to 30 pages. Such submissions should address
the ALJ's recommended determination on remedy and bonding. Interested
government agencies and any other interested parties are also
encouraged to file written submissions on the issues of remedy, the
public interest, and bonding. Third-party submissions should be filed
no later than the close of business on October 6, 2021. No further
submissions on any of these issues will be permitted unless otherwise
ordered by the Commission.
Persons filing written submissions must file the original document
electronically on or before the deadlines stated above. The
Commission's paper filing requirements in 19 CFR 210.4(f) are currently
waived. 85 FR 15798 (March 19, 2020). Submissions should refer to the
investigation number (``Inv. No. 337-TA-1204'') in a prominent place on
the cover page and/or the first page. (See Handbook on Filing
Procedures, https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf). Persons with questions regarding
filing should contact the Secretary at (202) 205-2000.
Any person desiring to submit a document to the Commission in
confidence must request confidential treatment by marking each document
with a header indicating that the document contains confidential
information. This marking will be deemed to satisfy the request
procedure set forth in Rules 201.6(b) and 210.5(e)(2) (19 CFR 201.6(b)
& 210.5(e)(2)). Documents for which confidential treatment by the
Commission is properly sought will be treated accordingly. A redacted
non-confidential version of the document must also be filed
simultaneously with any confidential filing. 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 the Commission
including under 5 U.S.C. Appendix 3; or (ii) by U.S. government
employees and contract personnel, solely for cybersecurity purposes.
All contract personnel will sign appropriate nondisclosure agreements.
All nonconfidential written submissions will be available for public
inspection on EDIS.
The Commission's vote on this determination took place on September
22, 2021.
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
210).
By order of the Commission.
Issued: September 22, 2021.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2021-20984 Filed 9-27-21; 8:45 am]
BILLING CODE 7020-02-P
