Notice2023-04355
Certain Semiconductors and Devices and Products Containing the Same, Including Printed Circuit Boards, Automotive Parts, and Automobiles; Notice of a Commission Determination Not To Review an Initial Determination Terminating the Investigation in Its Entirety Based on Withdrawal of the Complaint
Primary source
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Published
March 3, 2023
Issuing agencies
International Trade Commission
Abstract
Notice is hereby given that the U.S. International Trade Commission has determined not to review the presiding administrative law judge's ("ALJ") initial determination ("ID") (Order No. 16), granting complainant's motion to terminate the investigation based on withdrawal of the complaint as to all respondents. The investigation is terminated in its entirety.
Full Text
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<title>Federal Register, Volume 88 Issue 42 (Friday, March 3, 2023)</title>
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[Federal Register Volume 88, Number 42 (Friday, March 3, 2023)]
[Notices]
[Pages 13468-13469]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-04355]
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INTERNATIONAL TRADE COMMISSION
[Inv. No. 337-TA-1332]
Certain Semiconductors and Devices and Products Containing the
Same, Including Printed Circuit Boards, Automotive Parts, and
Automobiles; Notice of a Commission Determination Not To Review an
Initial Determination Terminating the Investigation in Its Entirety
Based on Withdrawal of the Complaint
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 not to review the presiding administrative
law judge's (``ALJ'') initial determination (``ID'') (Order No. 16),
granting complainant's motion to terminate the investigation based on
withdrawal of the complaint as to all respondents. The investigation is
terminated in its entirety.
FOR FURTHER INFORMATION CONTACT: Cathy Chen, Office of the General
Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone 202-205-2392. 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#ce8b8a879dfd86aba2be8ebbbda7baade0a9a1b8"><span class="__cf_email__" data-cfemail="3f7a7b766c0c775a534f7f4a4c564b5c11585049">[email protected]</span></a>. General information concerning the Commission may
also be obtained by accessing its
[[Page 13469]]
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: The Commission instituted this investigation
on October 14, 2022, based on a complaint filed on behalf of Daedalus
Prime LLC of Bronxville, NY (``Complainant''). 87 FR 62454 (Oct. 14,
2022).\1\ The complaint, as supplemented, alleged violations of section
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, based upon
the importation into the United States, the sale for importation, and
the sale within the United States after importation of certain
semiconductors and devices and products containing the same, including
printed circuit boards, automotive parts, and automobiles by reason of
infringement of one or more of claims 1-18 of U.S. Patent No. 8,775,833
(``the '833 patent''); claims 1-18 of U.S. Patent No. 8,898,494 (``the
'494 patent''); claims 1-17 of the '895 patent; claims 1-24 of U.S.
Patent No. 10,049,080 (``the '080 patent''); claims 1-19 of U.S. Patent
No. 10,394,300 (``the '300 patent''); and claims 1-20 of U.S. Patent
No. 10,705,588 (``the '588 patent''). Id. at 62454-55. The complaint
further alleged that an industry in the United States exists. Id. The
notice of investigation named as respondents: Avnet, Inc. of Phoenix,
AZ; Digi-Key Electronics of Thief River Falls, MN; Mercedes-Benz Group
AG and Mercedes-Benz AG, both of Germany; Mercedes-Benz USA, LLC of
Sandy Springs, GA; Mouser Electronics, Inc. of Mansfield, TX; Newark of
Chicago, IL; NXP Semiconductors N.V. of Netherlands; and NXP USA, Inc.
of Austin, TX (collectively, ``Respondents''). Id. at 62455. The Office
of Unfair Import Investigations (``OUII'') is also participating in
this investigation. Id.
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\1\ A Corrected Notice of Institution was published on November
2, 2022. 87 FR 66208 (Nov. 2, 2022). The Corrected Notice of
Institution omits the determination on whether an industry ``is in
the process of being established'' from the investigation. Id. at
66209.
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Claims 6, 8, 10, 16, and 17 of the '300 patent, claims 6, 11, and
12 of the '833 patent, claims 8-12 and 16 of the '494 patent, claims 2,
4-5, 12-13, and 20 of the '588 patent, claims 9-16, 21, and 22 of the
'080 patent, and all asserted claims of the '895 patent have been
terminated from the investigation. See Order No. 11 (Dec. 13, 2022),
unreviewed by Comm'n Notice (Jan. 11, 2023); Order No. 13 (Jan. 3,
2023), unreviewed by Comm'n Notice (Jan. 30, 2023).
On January 20, 2023, Complainant filed a motion to withdraw the
complaint as to all Respondents. Respondents did not oppose the motion
and OUII filed a response supporting the motion.
On January 30, 2023, the ALJ issued the subject ID (Order No. 16),
granting Complainant's motion to terminate the investigation in its
entirety based on withdrawal of the complaint. The ID found that the
motion complies with Commission Rule 210.21(a)(1), 19 CFR 210.21(a)(1),
and there are no extraordinary circumstances preventing termination of
the investigation. See ID at 2. No petition for review of the ID was
filed.
The Commission has determined not to review the subject ID. The
investigation is terminated in its entirety.
The Commission vote for this determination took place on February
24, 2023.
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: February 27, 2023.
Katherine M. Hiner,
Supervisory Attorney.
[FR Doc. 2023-04355 Filed 3-2-23; 8:45 am]
BILLING CODE 7020-02-P
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