Notice2021-27701
Certain Chemical Mechanical Planarization Slurries and Components Thereof Notice of the Commission's Final Determination Finding a Violation of Section 337; Issuance of a Limited Exclusion Order and Cease and Desist Orders; Termination of the Investigation
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
December 22, 2021
Issuing agencies
International Trade Commission
Abstract
Notice is hereby given that the U.S. International Trade Commission has determined that there is a violation of section 337 in the above-captioned investigation. The Commission has further determined to issue a limited exclusion order and cease and desist orders and to set a bond rate on the entered value of covered products imported or sold during the period of Presidential review.
Full Text
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<title>Federal Register, Volume 86 Issue 243 (Wednesday, December 22, 2021)</title>
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[Federal Register Volume 86, Number 243 (Wednesday, December 22, 2021)]
[Notices]
[Pages 72621-72623]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-27701]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1204]
Certain Chemical Mechanical Planarization Slurries and Components
Thereof Notice of the Commission's Final Determination Finding a
Violation of Section 337; Issuance of a Limited Exclusion Order and
Cease and Desist Orders; Termination of the Investigation
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
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SUMMARY: Notice is hereby given that the U.S. International Trade
Commission has determined that there is a violation of section 337 in
the above-captioned investigation. The Commission has further
determined to issue a limited exclusion order and cease and desist
orders and to set a bond rate on the entered value of covered products
imported or sold during the period of Presidential review.
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 <a href="https://edis.usitc.gov">https://edis.usitc.gov</a>. For help accessing EDIS, please email
<a href="/cdn-cgi/l/email-protection#f6b3b2bfa5c5be939a86b683859f8295d8919980"><span class="__cf_email__" data-cfemail="0e4b4a475d3d466b627e4e7b7d677a6d20696178">[email protected]</span></a>. General information concerning the Commission may
also be obtained by accessing its
[[Page 72622]]
internet server at <a href="https://www.usitc.gov">https://www.usitc.gov</a>. 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, based on a complaint filed by Cabot
Microelectronics Corporation (``CMC'') of Aurora, Illinois. 85 FR
40685-86 (July 7, 2020). The complaint, as supplemented, alleged
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 administrative law judge (``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 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 initial
determination (``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.
On September 22, 2021, the Commission determined to review the ID
in part. 86 FR 53674-76 (Sept. 28, 2021). Specifically, the Commission
determined to review the ID's findings on importation, infringement,
and domestic industry and requested briefing on the latter issue. Id.
The Commission also requested briefing from the parties, interested
government agencies, and interested persons on the issues of on remedy,
the public interest, and bonding. On October 6, 2021, the parties
submitted their opening briefs. On October 13, 2021, the parties filed
their reply briefs.
On October 6, 2021, non-Party, Intel Corporation (``Intel'') filed
a statement on the public interest in response to the Commission's
notice. On October 8, 2021, Intel sent a letter to the Chair stating
that it is in possession of a document that bears directly on the
public interest impact of CMC's requested remedy (``PI Document'') and
that it would be in a position to provide the document if ordered to do
so. On October 20, 2021, DuPont filed a response requesting that the
Commission order Intel to produce the PI document. On October 21, 2021,
CMC filed a response in opposition.
On November 2, 2021, the Commission issued a notice requesting
additional public interest information from Intel and directing Intel
to produce the PI Document. On November 9, 2021, Intel submitted a
response to the Commission notice. On November 15, 2021, the parties
filed replies to Intel's Submission.
Upon review of the parties' submissions, the ID, the RD, evidence
of record, and public interest filings, the Commission has determined
that Respondents violated section 337 by reason of importation and sale
of articles that infringe asserted claims 1, 3-6, 10, 11, 13, 14, 18-
20, 24, 26-29, 31, 35-37, and 39-44 of the '721 patent. The Commission
has further determined to issue a limited exclusion order prohibiting
further importation of infringing products and cease and desist orders
against the domestic respondents. The Commission, however, has
determined that the public interest factors warrant an exemption from
the remedial orders for up to one year for entities currently using the
infringing products in an ongoing semiconductor chip fabrication
development project pursuant to terms stated in the concurrently issued
opinion and orders. The Commission has determined to set a bond in the
amount of one hundred percent (100%) of entered value for covered
products imported or sold during the period of Presidential review.
The Commission's vote on this determination took place on December
16, 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
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Practice and Procedure (19 CFR part 210).
By order of the Commission.
Issued: December 16, 2021.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2021-27701 Filed 12-21-21; 8:45 am]
BILLING CODE 7020-02-P
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