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 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]


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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