Certain Graphics Systems, Components Thereof, and Digital Televisions Containing the Same; Notice of Commission Determination to Institute a Modification Proceeding, 46158-46159 [2024-11606]

Download as PDF 46158 Federal Register / Vol. 89, No. 103 / Tuesday, May 28, 2024 / Notices khammond on DSKJM1Z7X2PROD with NOTICES Office; USFS Supervisor’s Office; or NPS Park Office having jurisdiction over the federally designated area in proximity to the nominated parcel. The acquisition of land or interest in land nominated by a landowner is a discretionary action by the Agencies and not required by the FLTFA. Procedures Used To Prioritize Land or Interest in Land Nominated for Acquisition by the Agencies Nominations to sell land or interest in land to the United States is subject to available funding and will be prioritized and reviewed by the following groups: (a) Regional Interagency FLTFA Team (Regional Team) consisting of at least one member from each of the Agencies having jurisdiction over the nominated parcel. Each State listed in this notice shall have a Regional Team; (b) State and regional leadership consisting of the BLM State Director; Regional Directors of the FWS and NPS; and Regional Forester for the USFS; (c) A National Interagency FLTFA Team consisting of one or more representatives from each of the Agencies (FLTFA Team); and an Executive Committee consisting of the BLM Director; the FWS Director; the FS Chief; and the NPS Director, or their designated representative. Funds made available under the FLTFA shall be supplemental to any funds appropriated under the Land and Water Conservation Fund (LWCF) Act (16 U.S.C. 4601–4 et seq.). Upon receipt from its local office of a nomination to sell land or interest in land to the United States, the nominating Agency will make a discretionary determination if the parcel fits within the priorities of the Agency; if the parcel provides a benefit to the federally designated area; and other criteria as determined by the Agency. If the Agency determines to move forward with the acquisition, it will submit a request for funding to the Regional Team having jurisdiction over the nominated parcel. The Regional Team will first determine if there are sufficient funds available within the State having jurisdiction over the nominated parcel to complete the acquisition. Contributions from the LWCF will be identified by the submitting Agency at the time of submission. If sufficient funds are available, the Regional Team will review and rank the nomination based on the public benefits of a potential acquisition and availability of funds. The Regional Team will then forward the proposal to the State and Regional Leadership for review and concurrence of the recommendation. Nominations VerDate Sep<11>2014 18:43 May 24, 2024 Jkt 262001 approved by the State and Regional Leadership will then be forwarded to the FLTFA Team, whose duties are to consolidate nominations from multiple regions and develop a ranking recommendation to present to the Executive Committee for final funding approval. The proposed acquisition may be re-submitted in the future if sufficient funds are not available within the State having jurisdiction over the nominated parcel to complete the acquisition. There is no process for appeal if a nominated parcel is not selected or approved for funding. (Authority: 43 U.S.C. 2301 through 2306) Lonny R. Bagley, Acting Assistant Director, Energy, Minerals and Realty Management, Bureau of Land Management. [FR Doc. 2024–11595 Filed 5–24–24; 8:45 am] BILLING CODE 4331–29–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–1318 (Modification)] Certain Graphics Systems, Components Thereof, and Digital Televisions Containing the Same; Notice of Commission Determination to Institute a Modification Proceeding U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that the U.S. International Trade Commission has determined to institute a modification proceeding as to the limited exclusion order (‘‘LEO’’) issued against Realtek Semiconductor Corporation (‘‘Realtek’’) of Hsinchu, Taiwan in the underlying investigation. 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. SUMMARY: PO 00000 Frm 00104 Fmt 4703 Sfmt 4703 The Commission instituted this investigation on June 7, 2022, based on a complaint filed by Advanced Micro Devices, Inc. of Santa Clara, California and ATI Technologies ULC of Ontario, Canada (together, ‘‘AMD’’). 87 FR 34718–19 (June 7, 2022). The complaint, as supplemented, alleges violations of section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337 (‘‘section 337’’), based on certain graphics systems, components thereof, and digital televisions containing the same by reason of infringement of certain claims of U.S. Patent Nos. 7,742,053; 8,760,454; 11,184,628; 8,468,547; and 8,854,381 (‘‘the ’381 patent’’). Id. at 34718. The complaint further alleges that a domestic industry exists. Id. The notice of investigation named 14 respondents: (1) TCL Industries Holdings Co., Ltd. of Guangdong, China; (2) TCL Industries Holdings (H.K.) Co. Limited of Hong Kong, China; (3) TCL Electronics Holdings Ltd. f/k/a TCL Multimedia Technology Holdings, Ltd. of Hong Kong, China; (4) TCL Technology Group Corporation of Guangdong, China; (5) TTE Corporation of Hong Kong, China; (6) TCL Holdings (BVI) Ltd. of Hong Kong, China; (7) TCL King Electrical Appliances (Huizhou) Co. Ltd. of Guangdong, China; (8) Shenzhen TCL New Technology Co., Ltd. of Guangdong, China; (9) TCL MOKA International Ltd. of Hong Kong, China; (10) TCL Smart Device (Vietnam) Co., Ltd. of Binh Duong Province, Vietnam; (11) Manufacturas Avanzadas SA de CV of Chihuahua, Mexico; (12) TCL Electronics Mexico, S de RL de CV of Benito Juarez, Mexico; (13) TCL Overseas Marketing Ltd. of Hong Kong, China; and (14) Realtek. Id. at 34719, as amended, 87 FR 62452–53 (Oct. 14, 2022). The Office of Unfair Import Investigations was not named as a party to this investigation. 87 FR at 34719. On September 26, 2022, the Commission allowed TTE Technology, Inc. of Corona, California to intervene in this investigation as an additional respondent (collectively, with all named respondents except for Realtek, ‘‘TCL’’). See Order No. 17 (Aug. 30, 2022), unreviewed by Comm’n Notice (Sept. 26, 2022). On January 24, 2024, the Commission issued a final determination finding a violation of section 337 by Realtek and TCL with respect to claims 19 and 20 of the ’381 patent. 89 FR 5934–35 (Jan. 30, 2024); see Comm’n Opinion (Jan. 24, 2024). The products adjudicated as infringing each incorporate graphics processing units (‘‘GPUs’’) designed and supplied by non-party ARM, Inc. (‘‘ARM’’). Comm’n Op. at 14. The SUPPLEMENTARY INFORMATION: E:\FR\FM\28MYN1.SGM 28MYN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 89, No. 103 / Tuesday, May 28, 2024 / Notices Commission determined that the appropriate remedy is: (i) an LEO against Realtek’s and TCL’s infringing products and (ii) cease and desist orders (‘‘CDOs’’) against each of the TCL entities, but not against Realtek. 89 FR at 5935. The Commission also set the bond during the period of Presidential review at zero (0) percent of the entered value of the infringing articles. Id. On February 1, 2024, Realtek filed a petition for reconsideration of the following sentence on page 59 of the Commission’s Opinion: ‘‘The Commission has determined not to limit the remedial orders to ‘GPUs with an ARM architecture.’’’ On May 6, 2024, the Commission denied Realtek’s petition for reconsideration, reiterating that the LEO covers any of Realtek’s infringing products that are within the scope of the investigation, including those containing GPUs manufactured by entities other than ARM. See Comm’n Notice (May 7, 2024). On March 28, 2024, Realtek filed an appeal from the Commission’s final determination with the U.S. Court of Appeals for the Federal Circuit. See Realtek Semiconductor Corp. v. ITC, Appeal Nos. 24–1613. That appeal remains pending. On April 1, 2024, AMD and TCL filed a joint petition to modify in part the LEO as to TCL and rescind the CDOs against TCL based on a settlement agreement. On April 12, 2024, AMD and TCL filed a joint corrected petition to modify and rescind. On April 30, 2024, the Commission determined not to institute the requested modification and rescission proceedings due to the petition’s failure to comply with the Commission’s rules. See Comm’n Notice (May 1, 2024). The Commission specified that the determination not to institute was without prejudice. Id. On May 7, 2024, AMD and TCL filed a second corrected joint petition to modify and rescind. The second corrected petition is currently pending before the Commission. On April 19, 2024, pursuant to 19 U.S.C. 1337(k) and Commission Rule 210.76(a) (19 CFR 210.76(a)), Realtek filed a petition to institute a modification proceeding as to the LEO based on a changed condition of fact. Specifically, Realtek contends that, on information and belief, non-party ARM—which supplied the GPUs contained in Realtek’s products adjudicated as infringing the ’381 patent—recently acquired a license to the ’381 patent. On May 1, 2024, AMD filed a response opposing the petition. On May 3, 2024, Realtek submitted a letter to the Secretary in reply to AMD’s opposition. On May 9, 2024, AMD VerDate Sep<11>2014 18:43 May 24, 2024 Jkt 262001 submitted a letter to the Secretary in response to Realtek’s letter. The Commission, having reviewed the record in this investigation, including Realtek’s petition, AMD’s response thereto, Realtek’s letter in reply, and AMD’s letter in response to Realtek’s letter, has determined that Realtek’s petition complies with the Commission’s rules. Accordingly, the Commission has determined that institution of a modification proceeding is warranted under 19 U.S.C. 1337(k) and 19 CFR 210.76. The Commission has further determined to delegate the proceeding to a presiding administrative law judge (‘‘ALJ’’). For the modification proceeding so instituted, the Chief Administrative Law Judge, shall designate the presiding ALJ. The presiding ALJ shall submit a recommended determination within six (6) months after publication of notice of this Order in the Federal Register. AMD and Realtek are named as parties to the modification proceeding. The Commission vote for this determination took place on May 21, 2024. 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: May 21, 2024. Lisa Barton, Secretary to the Commission. [FR Doc. 2024–11606 Filed 5–24–24; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–1377] Certain Products Containing Tirzepatide and Products Purporting To Contain Tirzepatide; Notice of a Commission Determination Not To Review an Initial Determination Granting-in-Part Motion To Amend the Complaint and Notice of Investigation U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that the U.S. International Trade Commission (‘‘Commission’’) has determined not to review an initial determination (‘‘ID’’) (Order No. 12) of the presiding administrative law judge (‘‘ALJ’’) granting-in-part a motion to amend the complaint and notice of SUMMARY: PO 00000 Frm 00105 Fmt 4703 Sfmt 4703 46159 investigation to name two additional respondents. FOR FURTHER INFORMATION CONTACT: Edward S. Jou, Esq., Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone (202) 205–3316. 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 November 27, 2023, based upon a complaint filed on behalf of Eli Lilly and Company (‘‘Eli Lilly’’) of Indianapolis, Indiana. 88 FR 82914–15 (Nov. 27, 2023). The complaint, as supplemented, alleges violations of section 337 based upon the importation into the United States and the sale of certain products containing tirzepatide or purporting to contain tirzepatide by reason of false designation of source and false and misleading advertising, the threat or effect of which is to destroy or substantially injure an industry in the United States, and based upon the importation into the United States, the sale for importation, and the sale within the United States after importation of certain products containing tirzepatide or purporting to contain tirzepatide by reason of infringement of U.S. Trademark No. 6,809,369. Id. The complaint also alleges that a domestic industry exists pursuant to subsection (a)(2) of section 337. Id. The Commission’s notice of investigation named as respondents Arctic Peptides LLC of Akeny, Iowa; Audrey Beauty Co. of Hong Kong, China; Biolabshop Limited of Lancaster, United Kingdom; Mew Mews Company Limited of Hong Kong, China; Strate Labs LLC of Spring, Texas; Steroide Kaufen of Bialystok, Poland; Super Human Store of Barcelona, Spain; Supopeptide of Cedar Grove, New Jersey; Triggered Supplements LLC of Clearwater, Florida; Unewlife of Cedar Grove, New Jersey; and Xiamen Austronext Trading Co., Ltd. of Fujian, China. Id. at 82915. The Office of Unfair Import Investigations (‘‘OUII’’) is also named as a party in this investigation. Id. E:\FR\FM\28MYN1.SGM 28MYN1

Agencies

[Federal Register Volume 89, Number 103 (Tuesday, May 28, 2024)]
[Notices]
[Pages 46158-46159]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-11606]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1318 (Modification)]


Certain Graphics Systems, Components Thereof, and Digital 
Televisions Containing the Same; Notice of Commission Determination to 
Institute a Modification Proceeding

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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

SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined to institute a modification proceeding as to 
the limited exclusion order (``LEO'') issued against Realtek 
Semiconductor Corporation (``Realtek'') of Hsinchu, Taiwan in the 
underlying investigation.

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 June 7, 2022, based on a complaint filed by Advanced Micro Devices, 
Inc. of Santa Clara, California and ATI Technologies ULC of Ontario, 
Canada (together, ``AMD''). 87 FR 34718-19 (June 7, 2022). The 
complaint, as supplemented, alleges violations of section 337 of the 
Tariff Act of 1930, as amended, 19 U.S.C. 1337 (``section 337''), based 
on certain graphics systems, components thereof, and digital 
televisions containing the same by reason of infringement of certain 
claims of U.S. Patent Nos. 7,742,053; 8,760,454; 11,184,628; 8,468,547; 
and 8,854,381 (``the '381 patent''). Id. at 34718. The complaint 
further alleges that a domestic industry exists. Id. The notice of 
investigation named 14 respondents: (1) TCL Industries Holdings Co., 
Ltd. of Guangdong, China; (2) TCL Industries Holdings (H.K.) Co. 
Limited of Hong Kong, China; (3) TCL Electronics Holdings Ltd. f/k/a 
TCL Multimedia Technology Holdings, Ltd. of Hong Kong, China; (4) TCL 
Technology Group Corporation of Guangdong, China; (5) TTE Corporation 
of Hong Kong, China; (6) TCL Holdings (BVI) Ltd. of Hong Kong, China; 
(7) TCL King Electrical Appliances (Huizhou) Co. Ltd. of Guangdong, 
China; (8) Shenzhen TCL New Technology Co., Ltd. of Guangdong, China; 
(9) TCL MOKA International Ltd. of Hong Kong, China; (10) TCL Smart 
Device (Vietnam) Co., Ltd. of Binh Duong Province, Vietnam; (11) 
Manufacturas Avanzadas SA de CV of Chihuahua, Mexico; (12) TCL 
Electronics Mexico, S de RL de CV of Benito Juarez, Mexico; (13) TCL 
Overseas Marketing Ltd. of Hong Kong, China; and (14) Realtek. Id. at 
34719, as amended, 87 FR 62452-53 (Oct. 14, 2022). The Office of Unfair 
Import Investigations was not named as a party to this investigation. 
87 FR at 34719.
    On September 26, 2022, the Commission allowed TTE Technology, Inc. 
of Corona, California to intervene in this investigation as an 
additional respondent (collectively, with all named respondents except 
for Realtek, ``TCL''). See Order No. 17 (Aug. 30, 2022), unreviewed by 
Comm'n Notice (Sept. 26, 2022).
    On January 24, 2024, the Commission issued a final determination 
finding a violation of section 337 by Realtek and TCL with respect to 
claims 19 and 20 of the '381 patent. 89 FR 5934-35 (Jan. 30, 2024); see 
Comm'n Opinion (Jan. 24, 2024). The products adjudicated as infringing 
each incorporate graphics processing units (``GPUs'') designed and 
supplied by non-party ARM, Inc. (``ARM''). Comm'n Op. at 14. The

[[Page 46159]]

Commission determined that the appropriate remedy is: (i) an LEO 
against Realtek's and TCL's infringing products and (ii) cease and 
desist orders (``CDOs'') against each of the TCL entities, but not 
against Realtek. 89 FR at 5935. The Commission also set the bond during 
the period of Presidential review at zero (0) percent of the entered 
value of the infringing articles. Id.
    On February 1, 2024, Realtek filed a petition for reconsideration 
of the following sentence on page 59 of the Commission's Opinion: ``The 
Commission has determined not to limit the remedial orders to `GPUs 
with an ARM architecture.''' On May 6, 2024, the Commission denied 
Realtek's petition for reconsideration, reiterating that the LEO covers 
any of Realtek's infringing products that are within the scope of the 
investigation, including those containing GPUs manufactured by entities 
other than ARM. See Comm'n Notice (May 7, 2024).
    On March 28, 2024, Realtek filed an appeal from the Commission's 
final determination with the U.S. Court of Appeals for the Federal 
Circuit. See Realtek Semiconductor Corp. v. ITC, Appeal Nos. 24-1613. 
That appeal remains pending.
    On April 1, 2024, AMD and TCL filed a joint petition to modify in 
part the LEO as to TCL and rescind the CDOs against TCL based on a 
settlement agreement. On April 12, 2024, AMD and TCL filed a joint 
corrected petition to modify and rescind. On April 30, 2024, the 
Commission determined not to institute the requested modification and 
rescission proceedings due to the petition's failure to comply with the 
Commission's rules. See Comm'n Notice (May 1, 2024). The Commission 
specified that the determination not to institute was without 
prejudice. Id. On May 7, 2024, AMD and TCL filed a second corrected 
joint petition to modify and rescind. The second corrected petition is 
currently pending before the Commission.
    On April 19, 2024, pursuant to 19 U.S.C. 1337(k) and Commission 
Rule 210.76(a) (19 CFR 210.76(a)), Realtek filed a petition to 
institute a modification proceeding as to the LEO based on a changed 
condition of fact. Specifically, Realtek contends that, on information 
and belief, non-party ARM--which supplied the GPUs contained in 
Realtek's products adjudicated as infringing the '381 patent--recently 
acquired a license to the '381 patent. On May 1, 2024, AMD filed a 
response opposing the petition. On May 3, 2024, Realtek submitted a 
letter to the Secretary in reply to AMD's opposition. On May 9, 2024, 
AMD submitted a letter to the Secretary in response to Realtek's 
letter.
    The Commission, having reviewed the record in this investigation, 
including Realtek's petition, AMD's response thereto, Realtek's letter 
in reply, and AMD's letter in response to Realtek's letter, has 
determined that Realtek's petition complies with the Commission's 
rules. Accordingly, the Commission has determined that institution of a 
modification proceeding is warranted under 19 U.S.C. 1337(k) and 19 CFR 
210.76. The Commission has further determined to delegate the 
proceeding to a presiding administrative law judge (``ALJ''). For the 
modification proceeding so instituted, the Chief Administrative Law 
Judge, shall designate the presiding ALJ. The presiding ALJ shall 
submit a recommended determination within six (6) months after 
publication of notice of this Order in the Federal Register. AMD and 
Realtek are named as parties to the modification proceeding.
    The Commission vote for this determination took place on May 21, 
2024.
    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: May 21, 2024.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2024-11606 Filed 5-24-24; 8:45 am]
BILLING CODE 7020-02-P
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