Notice2024-11606
Certain Graphics Systems, Components Thereof, and Digital Televisions Containing the Same; Notice of Commission Determination to Institute a Modification Proceeding
Primary source
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Published
May 28, 2024
Issuing agencies
International Trade Commission
Abstract
Notice is hereby given that the U.S. International Trade Commission has determined to institute a modification proceeding as to the limited exclusion order ("LEO") issued against Realtek Semiconductor Corporation ("Realtek") of Hsinchu, Taiwan in the underlying investigation.
Full Text
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<title>Federal Register, Volume 89 Issue 103 (Tuesday, May 28, 2024)</title>
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[Federal Register Volume 89, Number 103 (Tuesday, May 28, 2024)]
[Notices]
[Pages 46158-46159]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-11606]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1318 (Modification)]
Certain Graphics Systems, Components Thereof, and Digital
Televisions Containing the Same; Notice of Commission Determination to
Institute a Modification Proceeding
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 to institute a modification proceeding as to
the limited exclusion order (``LEO'') issued against Realtek
Semiconductor Corporation (``Realtek'') of Hsinchu, Taiwan in the
underlying investigation.
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 <a href="https://edis.usitc.gov">https://edis.usitc.gov</a>. For help accessing EDIS, please email
<a href="/cdn-cgi/l/email-protection#60252429335328050c102015130914034e070f16"><span class="__cf_email__" data-cfemail="2267666b71116a474e526257514b56410c454d54">[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, 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
investigation 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. 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 Realtek and TCL 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 products adjudicated as infringing
each incorporate graphics processing units (``GPUs'') designed and
supplied by non-party ARM, Inc. (``ARM''). Comm'n Op. at 14. The
[[Page 46159]]
Commission determined that the appropriate remedy is: (i) an LEO
against Realtek's and TCL's infringing products and (ii) cease and
desist orders (``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 February 1, 2024, Realtek filed a petition for reconsideration
of the following sentence on page 59 of the Commission's Opinion: ``The
Commission has determined not to limit the remedial orders to `GPUs
with an ARM architecture.''' On May 6, 2024, the Commission denied
Realtek's petition for reconsideration, reiterating that the LEO covers
any of Realtek's infringing products that are within the scope of the
investigation, including those containing GPUs manufactured by entities
other than ARM. See Comm'n Notice (May 7, 2024).
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, AMD and TCL filed a joint petition to modify in
part the LEO as to TCL and rescind the CDOs against TCL based on a
settlement agreement. On April 12, 2024, AMD and TCL filed a joint
corrected petition to modify and rescind. On April 30, 2024, the
Commission determined not to institute the requested modification and
rescission proceedings due to the petition's failure to comply with the
Commission's rules. See Comm'n Notice (May 1, 2024). The Commission
specified that the determination not to institute was without
prejudice. Id. On May 7, 2024, AMD and TCL filed a second corrected
joint petition to modify and rescind. The second corrected petition is
currently pending before the Commission.
On April 19, 2024, pursuant to 19 U.S.C. 1337(k) and Commission
Rule 210.76(a) (19 CFR 210.76(a)), Realtek filed a petition to
institute a modification proceeding as to the LEO based on a changed
condition of fact. Specifically, Realtek contends that, on information
and belief, non-party ARM--which supplied the GPUs contained in
Realtek's products adjudicated as infringing the '381 patent--recently
acquired a license to the '381 patent. On May 1, 2024, AMD filed a
response opposing the petition. On May 3, 2024, Realtek submitted a
letter to the Secretary in reply to AMD's opposition. On May 9, 2024,
AMD submitted a letter to the Secretary in response to Realtek's
letter.
The Commission, having reviewed the record in this investigation,
including Realtek's petition, AMD's response thereto, Realtek's letter
in reply, and AMD's letter in response to Realtek's letter, has
determined that Realtek's petition complies with the Commission's
rules. Accordingly, the Commission has determined that institution of a
modification proceeding is warranted under 19 U.S.C. 1337(k) and 19 CFR
210.76. The Commission has further determined to delegate the
proceeding to a presiding administrative law judge (``ALJ''). For the
modification proceeding so instituted, the Chief Administrative Law
Judge, shall designate the presiding ALJ. The presiding ALJ shall
submit a recommended determination within six (6) months after
publication of notice of this Order in the Federal Register. AMD and
Realtek are named as parties to the modification proceeding.
The Commission vote for this determination took place on May 21,
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: May 21, 2024.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2024-11606 Filed 5-24-24; 8:45 am]
BILLING CODE 7020-02-P
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