Certain Graphics Systems, Components Thereof, and Digital Televisions Containing the Same; Notice of Commission Determination To Institute Modification and Rescission Proceedings and To Grant a Joint Motion for Limited Service of Confidential Exhibits; Modification of Limited Exclusion Order and Rescission of Cease and Desist Orders; Termination of Modification and Rescission Proceedings, 50367-50369 [2024-12940]
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Federal Register / Vol. 89, No. 115 / Thursday, June 13, 2024 / Notices
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information collection notice is
published in the Federal Register to
obtain comments regarding the nature of
the information collection, the
categories of respondents, the estimated
burden (i.e., the time, effort, and
resources used by the respondents to
respond), the estimated cost to the
respondent, and the actual information
collection instruments.
DATES: Comments are encouraged and
will be accepted for 60 days until
August 12, 2024.
ADDRESSES: All submissions received
must include the OMB Control Number
1615–0053 in the body of the letter, the
agency name and Docket ID USCIS–
2007–0016. Submit comments via the
Federal eRulemaking Portal website at
https://www.regulations.gov under eDocket ID number USCIS–2007–0016.
FOR FURTHER INFORMATION CONTACT:
USCIS, Office of Policy and Strategy,
Regulatory Coordination Division,
Samantha Deshommes, Chief, telephone
number (240) 721–3000 (This is not a
toll-free number. Comments are not
accepted via telephone message). Please
note contact information provided here
is solely for questions regarding this
notice. It is not for individual case
status inquiries. Applicants seeking
information about the status of their
individual cases can check Case Status
Online, available at the USCIS website
at https://www.uscis.gov, or call the
USCIS Contact Center at 800–375–5283
(TTY 800–767–1833).
SUPPLEMENTARY INFORMATION:
Comments
You may access the information
collection instrument with instructions
or additional information by visiting the
Federal eRulemaking Portal site at:
https://www.regulations.gov and
entering USCIS–2007–0016 in the
search box. Comments must be
submitted in English, or an English
translation must be provided. All
submissions will be posted, without
change, to the Federal eRulemaking
Portal at https://www.regulations.gov,
and will include any personal
information you provide. Therefore,
submitting this information makes it
public. You may wish to consider
limiting the amount of personal
information that you provide in any
voluntary submission you make to DHS.
DHS may withhold information
provided in comments from public
viewing that it determines may impact
the privacy of an individual or is
offensive. For additional information,
please read the Privacy Act notice that
is available via the link in the footer of
https://www.regulations.gov.
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Written comments and suggestions
from the public and affected agencies
should address one or more of the
following four points:
(1) 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;
(2) 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;
(3) Enhance the quality, utility, and
clarity of the information to be
collected; and
(4) 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) Title of the Form/Collection:
Request for Certification of Military or
Naval Service.
(3) Agency form number, if any, and
the applicable component of the DHS
sponsoring the collection: N–426;
USCIS.
(4) Affected public who will be asked
or required to respond, as well as a brief
abstract: Primary: Individuals or
households. The Form N–426 is used by
naturalization applicants to document
honorable service in the U.S. Armed
Forces. The form is filed with U.S.
Citizenship and Immigration Services
(USCIS) when the respondent applies
for naturalization with USCIS Form N–
400, Application for Naturalization
(OMB Control Number 1615–0052). The
Department of Defense (DOD) verifies
and certifies the applicant’s military or
naval service information provided on
Form N–426. USCIS reviews the form as
part of the process to determine the
applicant’s eligibility for naturalization.
(5) An estimate of the total number of
respondents and the amount of time
estimated for an average respondent to
respond: The estimated total number of
respondents for the information
collection N–426 is 10,000 and the
estimated hour burden per response is
0.50 hours.
(6) An estimate of the total public
burden (in hours) associated with the
collection: The total estimated annual
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hour burden associated with this
collection is 5,000 hours.
(7) An estimate of the total public
burden (in cost) associated with the
collection: The estimated total annual
cost burden associated with this
collection of information is $245,000.
Dated: June 7, 2024.
Samantha L Deshommes,
Chief, Regulatory Coordination Division,
Office of Policy and Strategy, U.S. Citizenship
and Immigration Services, Department of
Homeland Security.
[FR Doc. 2024–12989 Filed 6–12–24; 8:45 am]
BILLING CODE 9111–97–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–1318
(Modification (III) and Rescission (II))]
Certain Graphics Systems,
Components Thereof, and Digital
Televisions Containing the Same;
Notice of Commission Determination
To Institute Modification and
Rescission Proceedings and To Grant
a Joint Motion for Limited Service of
Confidential Exhibits; Modification of
Limited Exclusion Order and
Rescission of Cease and Desist
Orders; Termination of Modification
and Rescission Proceedings
International Trade
Commission.
ACTION: Notice.
AGENCY:
Notice is hereby given that
the U.S. International Trade
Commission has determined to institute
modification and rescission proceedings
based on a second corrected joint
petition to modify a limited exclusion
order (‘‘LEO’’) and rescind in full cease
and desist orders (‘‘CDOs’’) issued in the
underlying investigation based on a
settlement agreement and grant
petitioners’ motion for limited service of
confidential exhibits. The LEO is
modified and the CDOs are rescinded.
The modification and rescission
proceedings are terminated.
FOR FURTHER INFORMATION CONTACT:
Richard P. Hadorn, Esq., Office of the
General Counsel, U.S. International
Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202)
205–3179. Copies of non-confidential
documents filed in connection with this
investigation may be viewed on the
Commission’s electronic docket (EDIS)
at https://edis.usitc.gov. For help
accessing EDIS, please email
EDIS3Help@usitc.gov. General
information concerning the Commission
may also be obtained by accessing its
SUMMARY:
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Federal Register / Vol. 89, No. 115 / Thursday, June 13, 2024 / Notices
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 institution 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 Semiconductor
Corporation (‘‘Realtek’’) of Hsinchu,
Taiwan. 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
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Jkt 262001
violation of section 337 by TCL and
Realtek 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 Commission determined that
the appropriate remedy is: (i) an LEO
against TCL’s and Realtek’s infringing
products and (ii) 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 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, pursuant to 19
U.S.C. 1337(k) and Commission Rule
210.76(a) (19 CFR 210.76(a)), AMD and
TCL (together, ‘‘Petitioners’’) filed a
joint petition (‘‘Original Petition’’) to
modify the LEO as to TCL and rescind
in full the CDOs against TCL based on
a settlement agreement between
Petitioners. On April 11, 2024, Realtek
filed a response to the Original Petition.
Realtek states that it ‘‘takes no position’’
on whether the Original Petition should
be granted because Petitioners failed to
disclose certain information required by
Commission Rules 210.76(a)(1) and
(a)(3). Realtek also states that, in
assessing the Original Petition, the
Commission and Realtek would ‘‘benefit
from’’ receiving certain additional
information from Petitioners.
On April 12, 2024, Petitioners filed a
corrected joint petition (‘‘Corrected
Petition’’ or ‘‘CPet.’’) and a joint motion
to limit service to only the Commission
and its staff of the confidential versions
of the exhibits attached thereto.
Attached to the Corrected Petition are
redacted copies of a license and
settlement agreement between the
Petitioners (Ex. D), as well as ‘‘two
documents referenced therein’’ (Exs. E
and F). CPet. at 4. The unredacted
versions of Exhibits D, E, and F
correspond to confidential Exhibits G,
H, and I, respectively. See id. Petitioners
stated that they would file certain
unredacted exhibits via a separate cover
letter. Id. That same day, AMD filed a
separate correspondence to the
Secretary requesting confidential
treatment of business information
contained in Exhibits G and H attached
thereto but did not attach Exhibit I to
the request. On April 24, 2024, Realtek
filed a response to the Corrected
Petition and motion for limited service
stating that it ‘‘takes no position’’ on
whether the Corrected Petition should
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be granted because Petitioners again
failed to disclose certain information
required by Commission Rules
210.76(a)(1) and (a)(3). Realtek also
stated that Petitioners failed to show
good cause to support their request for
limited service of the confidential
versions of the exhibits attached to the
Corrected Petition.
On April 30, 2024, the Commission
determined not to institute the
requested modification and rescission
proceedings due to the Corrected
Petition’s failure to comply with
Commission rules. See Comm’n Notice
(May 1, 2024); see 19 CFR 210.76(a)(3).
Specifically, the Commission
determined that ‘‘[w]hile the Corrected
Petition cures the lack of the statement
of no other agreements that was missing
in the Original Petition, the corrected
filing and correspondence to the
Secretary fail to comply with the
requirement that unredacted copies of
the settlement documents (and
documents referenced therein) be
submitted.’’ Id. The Commission
specified that the determination not to
institute was without prejudice. Id. The
Commission also determined to deny as
moot Petitioners’ motion for limited
service of confidential exhibits G, H,
and I. Id.
On May 2, 2024, TCL filed a separate
correspondence to the Secretary
requesting confidential treatment of
business information contained in
Exhibit I attached thereto. On May 7,
2024, AMD and TCL filed a second
corrected joint petition (‘‘Second
Corrected Petition’’ or ‘‘SCPet.’’) to
modify and rescind the remedial orders
as to TCL based on settlement and a
joint motion to limit service to only the
Commission and its staff of the
confidential versions of the exhibits
attached thereto. The petition states that
there are ‘‘no other agreements, written
or oral, express or implied between the
AMD and TCL [sic] concerning the
subject matter of the Investigation’’ and
includes or references the licensing
agreements and underlying documents
serving as a basis for the settlement,
including confidential and redacted
versions of such documents. SCPet. at
2–4. The separate submissions of the
confidential documents state that there
is good cause to limit service because
the confidential documents are ‘‘not
available to the public,’’ ‘‘unauthorized
disclosure . . . could cause substantial
harm to [TCL’s and/or AMD’s]
competitive position,’’ and ‘‘disclosure
could impair the Commission’s ability
to obtain information necessary to
perform its statutory function.’’ See
Letter from AMD’s counsel, Michael T.
Renaud, to Secretary at 1 (Apr. 12,
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2024); Letter from TCL’s counsel, Yun
Louise Lu, to Secretary at 1 (May 2,
2024).
On May 17, 2024, Realtek filed a
response to the Second Corrected
Petition and motion to limit service
stating that it ‘‘takes no position’’ on
whether the Second Corrected Petition
should be granted because Petitioners
again failed to disclose certain
information required by Commission
Rules 210.76(a)(1) and (a)(3). Realtek
also stated that Petitioners failed to
show good cause to support their
request for limited service of the
confidential versions of the exhibits
attached to the Second Corrected
Petition.
The Commission, having reviewed the
record in this investigation, including
Petitioners’ Second Corrected Petition
and motion for limited service, Realtek’s
response thereto, as well as AMD’s and
TCL’s separate correspondence to the
Secretary requesting confidential
treatment of the business information
contained in Exhibits G, H, and I, has
determined that the Second Corrected
Petition satisfies the requirements of
Commission Rule 210.76(a)(3), 19 CFR
210.76(a)(3). The Commission has
further determined that the conditions
justifying the remedial orders against
TCL no longer exist, and, therefore,
granting the Second Corrected Petition
is warranted under section 337(k), 19
U.S.C. 1337(k), and Commission Rule
210.76(a)(3). Accordingly, the
Commission has determined to institute
modification and rescission proceedings
and to modify the LEO to remove
reference to TCL and rescind in full the
CDOs against TCL based on the
settlement agreement between
Petitioners. The Commission also finds
that Petitioners have shown the
requisite good cause under Commission
Rule 210.76(a)(3) to grant their motion
for limited service of confidential
Exhibits G, H, and I. The Commission
issues a modified LEO and an order
herewith setting forth its
determinations.
The modification and rescission
proceedings are terminated.
The Commission vote for this
determination took place on June 7,
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.
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19:28 Jun 12, 2024
Jkt 262001
Issued: June 7, 2024.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2024–12940 Filed 6–12–24; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–1404]
Certain Surface Cleaning Devices and
Components Thereof; Notice of
Institution of Investigation
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
Notice is hereby given that a
complaint was filed with the U.S.
International Trade Commission on
April 23, 2024, under section 337 of the
Tariff Act of 1930, as amended, on
behalf of SharkNinja Operating LLC of
Needham, Massachusetts, Omachron
Alpha Inc. of Canada, and Omachron
Intellectual Property Inc. of Canada. A
supplement to the complaint was filed
on May 9, 2024. An amended complaint
was filed on May 16, 2024, and
supplemented on May 23, 2024. The
amended complaint, as supplemented,
alleges violations of section 337 based
upon the importation into the United
States, the sale for importation, and the
sale within the United States after
importation of certain surface cleaning
devices and components thereof by
reason of the infringement of certain
claims of U.S. Patent No. 7,776,120
(‘‘the ’120 patent’’); U.S. Patent No.
10,219,661 (‘‘the ’661 patent’’); U.S.
Patent No. 11,903,546 (‘‘the ’546
patent’’); U.S. Patent No. 11,910,983
(‘‘the ’983 patent’’); and U.S. Patent No.
11,910,984 (‘‘the ’984 patent’’). The
amended complaint further alleges that
an industry in the United States exists
or is in the process of being established
as required by the applicable Federal
Statute. The complainants request that
the Commission institute an
investigation and, after the
investigation, issue a limited exclusion
order and cease and desist orders.
ADDRESSES: The amended complaint,
except for any confidential information
contained therein, may be viewed on
the Commission’s electronic docket
(EDIS) at https://edis.usitc.gov. For help
accessing EDIS, please email
EDIS3Help@usitc.gov. Hearing impaired
individuals are advised that information
on this matter can be obtained by
contacting the Commission’s TDD
terminal on (202) 205–1810. Persons
with mobility impairments who will
SUMMARY:
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50369
need special assistance in gaining access
to the Commission should contact the
Office of the Secretary at (202) 205–
2000. General information concerning
the Commission may also be obtained
by accessing its internet server at
https://www.usitc.gov.
FOR FURTHER INFORMATION CONTACT:
Heidi Yoo, The Office of the Secretary,
Docket Services Division, U.S.
International Trade Commission,
telephone (202) 205–1802.
SUPPLEMENTARY INFORMATION:
Authority: The authority for
institution of this investigation is
contained in section 337 of the Tariff
Act of 1930, as amended, 19 U.S.C.
1337, and in section 210.10 of the
Commission’s Rules of Practice and
Procedure, 19 CFR 210.10 (2024).
Scope of Investigation: Having
considered the amended complaint, the
U.S. International Trade Commission,
on June 7, 2024, ordered that—
(1) Pursuant to subsection (b) of
section 337 of the Tariff Act of 1930, as
amended, an investigation be instituted
to determine whether there is a
violation of subsection (a)(1)(B) of
section 337 in the importation into the
United States, the sale for importation,
or the sale within the United States after
importation of certain products
identified in paragraph (2) by reason of
infringement of one or more of claims 1,
7–9, 12, 14, and 15 of the ’120 patent;
claims 1–5, 8–12, 15, and 16 of the ’661
patent; claims 10 and 15 of the ’546
patent; claims 1, 4, 6–8, 12, and 17–19
of the ’983 patent; and claims 1–18 of
the ’984 patent; and whether an
industry in the United States exists or
is in the process of being established as
required by subsection (a)(2) of section
337;
(2) Pursuant to section 210.10(b)(1) of
the Commission’s Rules of Practice and
Procedure, 19 CFR 210.10(b)(1), the
plain language description of the
accused products or category of accused
products, which defines the scope of the
investigation, is ‘‘stick and handheld
vacuum cleaners, along with wands,
cleaner heads, tool kits, and
attachments’’;
(3) For the purpose of the
investigation so instituted, the following
are hereby named as parties upon which
this notice of investigation shall be
served:
(a) The complainants are:
SharkNinja Operating LLC, 89 A Street,
Suite 100, Needham, MA 02494
Omachron Alpha Inc., 9 King Lane, P.O.
Box 130, Hampton, ON L0B 1J0,
Canada
Omachron Intellectual Property Inc., 9
King Lane, P.O. Box 130, Hampton,
ON L0B 1J0, Canada
E:\FR\FM\13JNN1.SGM
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]]>Agencies
[Federal Register Volume 89, Number 115 (Thursday, June 13, 2024)]
[Notices]
[Pages 50367-50369]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-12940]
=======================================================================
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1318 (Modification (III) and Rescission
(II))]
Certain Graphics Systems, Components Thereof, and Digital
Televisions Containing the Same; Notice of Commission Determination To
Institute Modification and Rescission Proceedings and To Grant a Joint
Motion for Limited Service of Confidential Exhibits; Modification of
Limited Exclusion Order and Rescission of Cease and Desist Orders;
Termination of Modification and Rescission Proceedings
AGENCY: International Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that the U.S. International Trade
Commission has determined to institute modification and rescission
proceedings based on a second corrected joint petition to modify a
limited exclusion order (``LEO'') and rescind in full cease and desist
orders (``CDOs'') issued in the underlying investigation based on a
settlement agreement and grant petitioners' motion for limited service
of confidential exhibits. The LEO is modified and the CDOs are
rescinded. The modification and rescission proceedings are terminated.
FOR FURTHER INFORMATION CONTACT: Richard P. Hadorn, Esq., Office of the
General Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202) 205-3179. Copies of non-
confidential documents filed in connection with this investigation may
be viewed on the Commission's electronic docket (EDIS) at https://edis.usitc.gov. For help accessing EDIS, please email
[email protected]. General information concerning the Commission may
also be obtained by accessing its
[[Page 50368]]
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
institution 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
Semiconductor Corporation (``Realtek'') of Hsinchu, Taiwan. 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 TCL and Realtek 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 Commission determined that the
appropriate remedy is: (i) an LEO against TCL's and Realtek's
infringing products and (ii) 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 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, pursuant to 19 U.S.C. 1337(k) and Commission Rule
210.76(a) (19 CFR 210.76(a)), AMD and TCL (together, ``Petitioners'')
filed a joint petition (``Original Petition'') to modify the LEO as to
TCL and rescind in full the CDOs against TCL based on a settlement
agreement between Petitioners. On April 11, 2024, Realtek filed a
response to the Original Petition. Realtek states that it ``takes no
position'' on whether the Original Petition should be granted because
Petitioners failed to disclose certain information required by
Commission Rules 210.76(a)(1) and (a)(3). Realtek also states that, in
assessing the Original Petition, the Commission and Realtek would
``benefit from'' receiving certain additional information from
Petitioners.
On April 12, 2024, Petitioners filed a corrected joint petition
(``Corrected Petition'' or ``CPet.'') and a joint motion to limit
service to only the Commission and its staff of the confidential
versions of the exhibits attached thereto. Attached to the Corrected
Petition are redacted copies of a license and settlement agreement
between the Petitioners (Ex. D), as well as ``two documents referenced
therein'' (Exs. E and F). CPet. at 4. The unredacted versions of
Exhibits D, E, and F correspond to confidential Exhibits G, H, and I,
respectively. See id. Petitioners stated that they would file certain
unredacted exhibits via a separate cover letter. Id. That same day, AMD
filed a separate correspondence to the Secretary requesting
confidential treatment of business information contained in Exhibits G
and H attached thereto but did not attach Exhibit I to the request. On
April 24, 2024, Realtek filed a response to the Corrected Petition and
motion for limited service stating that it ``takes no position'' on
whether the Corrected Petition should be granted because Petitioners
again failed to disclose certain information required by Commission
Rules 210.76(a)(1) and (a)(3). Realtek also stated that Petitioners
failed to show good cause to support their request for limited service
of the confidential versions of the exhibits attached to the Corrected
Petition.
On April 30, 2024, the Commission determined not to institute the
requested modification and rescission proceedings due to the Corrected
Petition's failure to comply with Commission rules. See Comm'n Notice
(May 1, 2024); see 19 CFR 210.76(a)(3). Specifically, the Commission
determined that ``[w]hile the Corrected Petition cures the lack of the
statement of no other agreements that was missing in the Original
Petition, the corrected filing and correspondence to the Secretary fail
to comply with the requirement that unredacted copies of the settlement
documents (and documents referenced therein) be submitted.'' Id. The
Commission specified that the determination not to institute was
without prejudice. Id. The Commission also determined to deny as moot
Petitioners' motion for limited service of confidential exhibits G, H,
and I. Id.
On May 2, 2024, TCL filed a separate correspondence to the
Secretary requesting confidential treatment of business information
contained in Exhibit I attached thereto. On May 7, 2024, AMD and TCL
filed a second corrected joint petition (``Second Corrected Petition''
or ``SCPet.'') to modify and rescind the remedial orders as to TCL
based on settlement and a joint motion to limit service to only the
Commission and its staff of the confidential versions of the exhibits
attached thereto. The petition states that there are ``no other
agreements, written or oral, express or implied between the AMD and TCL
[sic] concerning the subject matter of the Investigation'' and includes
or references the licensing agreements and underlying documents serving
as a basis for the settlement, including confidential and redacted
versions of such documents. SCPet. at 2-4. The separate submissions of
the confidential documents state that there is good cause to limit
service because the confidential documents are ``not available to the
public,'' ``unauthorized disclosure . . . could cause substantial harm
to [TCL's and/or AMD's] competitive position,'' and ``disclosure could
impair the Commission's ability to obtain information necessary to
perform its statutory function.'' See Letter from AMD's counsel,
Michael T. Renaud, to Secretary at 1 (Apr. 12,
[[Page 50369]]
2024); Letter from TCL's counsel, Yun Louise Lu, to Secretary at 1 (May
2, 2024).
On May 17, 2024, Realtek filed a response to the Second Corrected
Petition and motion to limit service stating that it ``takes no
position'' on whether the Second Corrected Petition should be granted
because Petitioners again failed to disclose certain information
required by Commission Rules 210.76(a)(1) and (a)(3). Realtek also
stated that Petitioners failed to show good cause to support their
request for limited service of the confidential versions of the
exhibits attached to the Second Corrected Petition.
The Commission, having reviewed the record in this investigation,
including Petitioners' Second Corrected Petition and motion for limited
service, Realtek's response thereto, as well as AMD's and TCL's
separate correspondence to the Secretary requesting confidential
treatment of the business information contained in Exhibits G, H, and
I, has determined that the Second Corrected Petition satisfies the
requirements of Commission Rule 210.76(a)(3), 19 CFR 210.76(a)(3). The
Commission has further determined that the conditions justifying the
remedial orders against TCL no longer exist, and, therefore, granting
the Second Corrected Petition is warranted under section 337(k), 19
U.S.C. 1337(k), and Commission Rule 210.76(a)(3). Accordingly, the
Commission has determined to institute modification and rescission
proceedings and to modify the LEO to remove reference to TCL and
rescind in full the CDOs against TCL based on the settlement agreement
between Petitioners. The Commission also finds that Petitioners have
shown the requisite good cause under Commission Rule 210.76(a)(3) to
grant their motion for limited service of confidential Exhibits G, H,
and I. The Commission issues a modified LEO and an order herewith
setting forth its determinations.
The modification and rescission proceedings are terminated.
The Commission vote for this determination took place on June 7,
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: June 7, 2024.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2024-12940 Filed 6-12-24; 8:45 am]
BILLING CODE 7020-02-P
