Notice2023-11993
Certain Electronic Devices, Semiconductor Devices, and Components Thereof; Notice of Commission Determination Not To Review an Initial Determination To Withdraw the Complaint and Terminate the Investigation With Respect to the Remaining Respondents; Termination of Investigation
Primary source
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Published
June 6, 2023
Issuing agencies
International Trade Commission
Abstract
Notice is hereby given that the U.S. International Trade Commission has determined not to review an initial determination ("ID") (Order No. 28) terminating the investigation with respect to the remaining respondents due to withdrawal of the complaint. This investigation is hereby terminated.
Full Text
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<title>Federal Register, Volume 88 Issue 108 (Tuesday, June 6, 2023)</title>
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[Federal Register Volume 88, Number 108 (Tuesday, June 6, 2023)]
[Notices]
[Pages 37095-37096]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-11993]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1340]
Certain Electronic Devices, Semiconductor Devices, and Components
Thereof; Notice of Commission Determination Not To Review an Initial
Determination To Withdraw the Complaint and Terminate the Investigation
With Respect to the Remaining Respondents; Termination of Investigation
AGENCY: 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 an initial determination
(``ID'') (Order No. 28) terminating the investigation with respect to
the remaining respondents due to withdrawal of the complaint. This
investigation is hereby terminated.
FOR FURTHER INFORMATION CONTACT: Carl P. Bretscher, Esq., Office of the
General Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202) 205-2382. 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#4401000d17770c2128340431372d30276a232b32"><span class="__cf_email__" data-cfemail="c184858892f289a4adb181b4b2a8b5a2efa6aeb7">[email protected]</span></a>. General information concerning the Commission may
also be obtained by accessing its 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 November 14, 2022, the Commission
instituted this investigation based on a complaint, as amended, filed
on behalf of Bell Semiconductor, LLC of Bethlehem, Pennsylvania
(``Bell''). 87 FR 68192-93 (Nov. 14, 2022). The complaint, as amended
and 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, sale for importation, or sale in the United States
after importation of certain electronic devices, semiconductor devices,
and components thereof that infringe one or more asserted claims of
U.S. Patent Nos. 7,231,626 and 7,260,803. Id. at 68193. The complaint
alleges that a domestic industry exists. Id. at 68192.
The Commission's notice of investigation names as respondents SMC
Networks, Inc. of Irvine, California (``SMC''); Acer, Inc. of New
Taipei City, Taiwan and Acer America Corporation of San Jose,
California (collectively, ``Acer''); NXP Semiconductors, N.V. of
Eindhoven, Netherlands, NXP B.V. of Eindhoven, Netherlands, and NXP
USA, Inc. of Austin, Texas (collectively, ``NXP''); Micron Technology,
Inc. of Boise, Idaho (``Micron''); NVIDIA Corporation of Santa Clara,
California (``NVIDIA''); Advanced Micro Devices, Inc. of Santa Clara,
California (``AMD''); Infineon Technologies AG of Neubiberg, Germany
and Infineon Technologies America Corp. of Milpitas, California
(``Infineon''); Motorola Mobility LLC of Chicago, Illinois
(``Motorola''); and Western Digital Technologies, Inc. of San Jose,
California (``WDT''). The Office of Unfair Import Investigations
(``OUII'') is also participating as a party in this investigation. Id.
at 68193.
On March 16, 2023, the Commission terminated the investigation with
respect to Micron, NVIDIA, AMD, Infineon, Motorola, and WDT based on
two settlement agreements. Order No. 15 (Feb. 14, 2023), unreviewed by
Comm'n Notice (March 16, 2023). On April 19, 2023, the Commission
[[Page 37096]]
terminated the investigation with respect to Acer based on withdrawal
of the complaint. Order No. 24 (March 30, 2023), unreviewed by Comm'n
Notice (April 19, 2023). On May 30, 2023, the Commission terminated the
investigation with respect to SMC due to withdrawal of the complaint.
Order No. 27 (April 27, 2023), unreviewed by Comm'n Notice (May 30,
2023).
On May 8, 2023, Bell filed an unopposed motion to withdraw the
complaint and terminate the investigation and suspend the procedural
schedule with respect to the remaining NXP respondents, pursuant to
Commission Rule 210.21(a) (19 CFR 210.21(a)). On May 9, 2023, OUII
filed a response in support of Bell's motion.
On May 9, 2023, the presiding ALJ issued the subject ID (Order No.
28) granting the motion, terminating the investigation as to NXP, and
terminating the investigation in its entirety. The ALJ ordered
suspension of the procedural schedule with respect to NXP pending final
disposition by the Commission. The ID finds that the motion meets the
requirements of Commission Rule 210.21(a), in that there are no other
agreements, written or oral, express or implied, between Bell and SMC
concerning the subject matter of the investigation. Order No. 28 at 1.
The ALJ further found no extraordinary circumstances that would prevent
granting the requested motion. Id. at 2.
No party petitioned for review of the subject ID.
The Commission has determined not to review the subject ID.
Accordingly, NXP is terminated from this investigation, and this
investigation is hereby terminated.
The Commission vote for this determination took place on May 31,
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: June 1, 2023.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2023-11993 Filed 6-5-23; 8:45 am]
BILLING CODE 7020-02-P
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