[Federal Register Volume 74, Number 178 (Wednesday, September 16, 2009)]
[Notices]
[Pages 47616-47617]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-22179]
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-634]
In the Matter of Certain Liquid Crystal Display Modules, Products
Containing Same, and Methods Using the Same; Notice of Commission
Decision Not To Review a Final Initial Determination Finding a
Violation of Section 337; Request for Written Submissions Regarding
Remedy, Bonding, and the Public Interest
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
[[Page 47617]]
SUMMARY: Notice is hereby given that the U.S. International Trade
Commission has determined not to review a final initial determination
(``ID'') of the presiding administrative law judge (``ALJ'') finding a
violation of section 337 in the above-captioned investigation, and is
requesting written submissions regarding remedy, bonding, and the
public interest.
FOR FURTHER INFORMATION CONTACT: Clint Gerdine, Esq., Office of the
General Counsel, U.S. International Trade Commission, 500 E Street,
SW., Washington, DC 20436, telephone (202) 708-2310. Copies of non-
confidential documents filed in connection with this investigation are
or will be available for inspection during official business hours
(8:45 a.m. to 5:15 p.m.) in the Office of the Secretary, U.S.
International Trade Commission, 500 E Street, SW., Washington, DC
20436, telephone (202) 205-2000. General information concerning the
Commission may also be obtained by accessing its Internet server at
http://www.usitc.gov. The public record for this investigation may be
viewed on the Commission's electronic docket (EDIS) at http://edis.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: The Commission instituted this investigation
on March 4, 2008, based on a complaint filed by Sharp Corporation
(``Sharp'') of Japan. 73 FR 11678. The complaint, as amended and
supplemented, alleges violations of section 337 of the Tariff Act of
1930, as amended, 19 U.S.C. 1337, in the importation into the United
States, the sale for importation, and the sale within the United States
after importation of certain liquid crystal display devices, products
containing same, and methods for using the same by reason of
infringement of certain claims of U.S. Patent Nos. 6,879,364;
6,952,192; 7,304,703; and 7,304,626. The complaint further alleges the
existence of a domestic industry. The Commission's notice of
investigation named the following respondents: Samsung Electronics
America, Inc. of Korea; Samsung Electronics America, Inc. of Ridgefield
Park, New Jersey; and Samsung Semiconductor, Inc. of San Jose,
California (collectively ``Samsung'').
On June 12, 2009, the ALJ issued his final ID finding a violation
of section 337 by Samsung. He also issued his recommendation on remedy
and bonding during the period of Presidential review. On June 29, 2009,
Samsung and the Commission investigative attorney (``IA'') filed
petitions for review of the final ID. The IA and Sharp filed responses
to the petitions on July 7, 2009. The Commission has determined not to
review the subject ID.
In connection with the final disposition of this investigation, the
Commission may issue an order that results in the exclusion of the
subject articles from entry into the United States. 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 In the Matter of Certain Devices for Connecting
Computers via Telephone Lines, Inv. No. 337-TA-360, USITC Pub. No. 2843
(December 1994) (Commission Opinion).
When 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.
When the Commission orders some form of remedy, the U.S. Trade
Representative, as delegated by the President, has 60 days to approve
or disapprove the Commission's action. See section 337(j), 19 U.S.C.
1337(j) and the 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. 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: Parties to the investigation, interested
government agencies, and any other interested parties are encouraged to
file written submissions on the issues of remedy, the public interest,
and bonding, and such submissions should address the recommended
determination by the ALJ on remedy and bonding. The complainant and the
IA are also requested to submit proposed remedial orders for the
Commission's consideration. Complainant is also requested to state the
dates that the patents at issue expire and the HTSUS numbers under
which the accused articles are imported. The written submissions and
proposed remedial orders must be filed no later than close of business
on September 16, 2009. Reply submissions must be filed no later than
the close of business on September 23. No further submissions on these
issues will be permitted unless otherwise ordered by the Commission.
Persons filing written submissions must file the original document
and 12 true copies thereof on or before the deadlines stated above with
the Office of the Secretary. Any person desiring to submit a document
to the Commission in confidence must request confidential treatment
unless the information has already been granted such treatment during
the proceedings. All such requests should be directed to the Secretary
of the Commission and must include a full statement of the reasons why
the Commission should grant such treatment. See 19 CFR 210.6. Documents
for which confidential treatment by the Commission is sought will be
treated accordingly. All nonconfidential written submissions will be
available for public inspection at the Office of the Secretary.
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 sections 210.42-46 of the Commission's Rules of Practice and
Procedure, 19 CFR 210.42-46.
By order of the Commission.
Issued: September 9, 2009.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E9-22179 Filed 9-15-09; 8:45 am]
BILLING CODE 7020-02-P