Notice2024-18582
Certain Graphics Systems, Components Thereof, and Digital Televisions Containing the Same; Notice of Commission Determination Not To Review an Initial Determination Granting a Joint Motion to Termination a Modification Proceeding Based on a Settlement Agreement; Termination of the Modification Proceeding
Primary source
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Published
August 20, 2024
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. 79) of the presiding administrative law judge ("ALJ") granting complainants and respondent Realtek Semiconductor Corporation's ("Realtek") joint motion to terminate based on a settlement agreement a proceeding to modify a limited exclusion order ("LEO") issued in the underlying investigation. The modification proceeding is terminated.
Full Text
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<title>Federal Register, Volume 89 Issue 161 (Tuesday, August 20, 2024)</title>
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[Federal Register Volume 89, Number 161 (Tuesday, August 20, 2024)]
[Notices]
[Pages 67494-67495]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-18582]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1318 (Modification (II))]
Certain Graphics Systems, Components Thereof, and Digital
Televisions Containing the Same; Notice of Commission Determination Not
To Review an Initial Determination Granting a Joint Motion to
Termination a Modification Proceeding Based on a Settlement Agreement;
Termination of the Modification Proceeding
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. 79) of the presiding administrative law judge
(``ALJ'') granting complainants and respondent Realtek Semiconductor
Corporation's (``Realtek'') joint motion to terminate based on a
settlement agreement a proceeding to modify a limited exclusion order
(``LEO'') issued in the underlying investigation. The modification
proceeding is terminated.
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#82c7c6cbd1b1cae7eef2c2f7f1ebf6e1ace5edf4"><span class="__cf_email__" data-cfemail="e7a2a3aeb4d4af828b97a792948e9384c9808891">[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
institution 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 of
Hsinchu, Taiwan. 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 TCL and Realtek 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 Commission determined that the
appropriate remedy is: (i) an LEO against TCL's and Realtek'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 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.
On July 1, 2024, the Federal Circuit granted Realtek's voluntary
dismissal of the appeal. See id., ECF No. 28.
On June 7, 2024, based on a settlement agreement between AMD and
TCL, the Commission issued a modified LEO directed only to Realtek's
infringing products, and rescinded the CDOs against TCL. See Modified
LEO at 1 (June 7, 2024); Comm'n Order at 6 (June 7, 2024).
On May 21, 2024, the Commission instituted a modification
proceeding as to the LEO based on a changed condition of fact alleged
by Realtek. 89 FR 46158-59 (May 28, 2024). On June 27, 2024, AMD and
Realtek filed a joint motion to terminate the modification proceeding
based on a June 17, 2024 settlement agreement between AMD and Realtek,
attaching thereto as Exhibit B a non-confidential version of the
settlement agreement. That same day, Realtek filed a separate
correspondence to the Secretary attaching thereto as Exhibit A the
unredacted version of the settlement agreement.
On July 5, 2024, the ALJ issued Order No. 78, which (i) ordered AMD
and Realtek to ``revise and refile the non-confidential version of the
agreement required by Commission Rules 210.21(a)(2) and 210.21(b)(1)
[19 CFR 210.21(a)(2) and (b)(1)], and in accordance with Commission
Rule 201.6 [19 CFR 201.6],'' and (ii) stated that the motion to
terminate will be ruled upon after the revised non-confidential version
of the agreement is refiled. Order No. 78 at 2 (July 5, 2024). On July
12, 2024, in response to Order No. 78, Realtek filed a revised non-
confidential version of the subject agreement (Ex. B).
On July 15, 2024, the ALJ issued the subject ID (Order No. 79)
granting the joint motion to terminate the modification proceeding. The
ALJ found that the motion complies with the requirements of Commission
Rule 210.21(b)(1) (19 CFR 210.21(b)(1)), including the submission of
confidential and non-confidential versions of the subject agreement in
compliance with Commission Rule 201.6 (19 CFR 201.6), and that there is
no evidence that terminating the proceeding would be contrary to the
public interest in accordance with Commission Rule 210.50(b)(2) (19 CFR
210.50(b)(2)). Order No. 79 at 2 (July 15, 2024). No petitions for
review of the subject ID were filed.
The Commission has determined not to review the subject ID. The
modification proceeding is terminated.
The Commission vote for this determination took place on August 14,
2024.
The authority for the Commission's determination is contained in
section 337 of the Tariff Act of 1930, as
[[Page 67495]]
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: August 14, 2024.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2024-18582 Filed 8-19-24; 8:45 am]
BILLING CODE 7020-02-P
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