Notice2026-06113
Certain NAND and DRAM Memory Chips; Institution of Investigation
Primary source
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Published
March 30, 2026
Issuing agencies
International Trade Commission
Abstract
Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on February 17, 2026, under section 337 of the Tariff Act of 1930, as amended, on behalf of MonolithIC 3D Inc. of Allen, Texas. Supplements to the complaint were filed on February 25, 2026, and March 16, 2026. The complaint, as supplemented, alleges violations of section 337 based upon the importation into the United States, the sale for importation, and the sale within the United States after importation of certain NAND and DRAM memory chips by reason of the infringement of certain claims of U.S. Patent No. 12,035,531 ("the '531 patent"); U.S. Patent No. 12,125,737 ("the '1- 737 patent"); U.S. Patent No.12,243,765 ("the '765 patent"); U.S. Patent No. 11,342,214 ("the '214 patent"); U.S. Patent No. 11,476,181 ("the '181 patent"); U.S. Patent No. 11,594,473 ("the '473 patent"); U.S. Patent No. 11,862,503 ("the '503 patent"); and U.S. Patent No. 12,225,737 ("the '2-737 patent"). The complaint further alleges that an industry in the United States exists or is in the process of being established as required by the applicable Federal Statute. The complainant requests that the Commission institute an investigation and, after the investigation, issue a limited exclusion order and cease and desist orders.
Full Text
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<title>Federal Register, Volume 91 Issue 60 (Monday, March 30, 2026)</title>
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[Federal Register Volume 91, Number 60 (Monday, March 30, 2026)]
[Notices]
[Pages 15634-15635]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-06113]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1492]
Certain NAND and DRAM Memory Chips; Institution of Investigation
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
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SUMMARY: Notice is hereby given that a complaint was filed with the
U.S. International Trade Commission on February 17, 2026, under section
337 of the Tariff Act of 1930, as amended, on behalf of MonolithIC 3D
Inc. of Allen, Texas. Supplements to the complaint were filed on
February 25, 2026, and March 16, 2026. The complaint, as supplemented,
alleges violations of section 337 based upon the importation into the
United States, the sale for importation, and the sale within the United
States after importation of certain NAND and DRAM memory chips by
reason of the infringement of certain claims of U.S. Patent No.
12,035,531 (``the '531 patent''); U.S. Patent No. 12,125,737 (``the '1-
737 patent''); U.S. Patent No.12,243,765 (``the '765 patent''); U.S.
Patent No. 11,342,214 (``the '214 patent''); U.S. Patent No. 11,476,181
(``the '181 patent''); U.S. Patent No. 11,594,473 (``the '473
patent''); U.S. Patent No. 11,862,503 (``the '503 patent''); and U.S.
Patent No. 12,225,737 (``the '2-737 patent''). The complaint further
alleges that an industry in the United States exists or is in the
process of being established as required by the applicable Federal
Statute. The complainant requests that the Commission institute an
investigation and, after the investigation, issue a limited exclusion
order and cease and desist orders.
ADDRESSES: The complaint, except for any confidential information
contained therein, 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#bbfefff2e888f3ded7cbfbcec8d2cfd895dcd4cd"><span class="__cf_email__" data-cfemail="ace9e8e5ff9fe4c9c0dcecd9dfc5d8cf82cbc3da">[email protected]</span></a>. Hearing impaired individuals are advised that
information on this matter can be obtained by contacting the
Commission's TDD terminal on (202) 205-1810. Persons with mobility
impairments who will need special assistance in gaining access to the
Commission should contact the Office of the Secretary at (202) 205-
2000. 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>.
FOR FURTHER INFORMATION CONTACT: Pathenia M. Proctor, The Office of
Unfair Import Investigations, U.S. International Trade Commission,
telephone (202) 205-2560.
SUPPLEMENTARY INFORMATION:
Authority: The authority for institution of this investigation is
contained in section 337 of the Tariff Act of 1930, as amended, 19
U.S.C. 1337, and in section 210.10 of the Commission's Rules of
Practice and Procedure, 19 CFR 210.10 (2025).
Scope of Investigation: Having considered the complaint, the U.S.
International Trade Commission, on March 25, 2026, ordered that--
(1) Pursuant to subsection (b) of section 337 of the Tariff Act of
1930, as amended, an investigation be instituted to determine whether
there is a violation of subsection (a)(1)(B) 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 products
identified in paragraph (2) by reason of infringement of one or more of
claims 8-10, 13-15, and 20 of the '531 patent; claims 1-2, 4-5, 7, 15-
18, and 20 of the '1-737 patent; claims 1-2, 4-5, 7, 15-18, and 20 of
the '765 patent; claims 1-5, 7, 15-18, and 20 of the '214 patent;
claims 1-2, 4-9, and 11-15 of the '181 patent; claims 1-3, 5-7, 9, 11-
13, and 15-16 of the '473 patent; claims 1-6 and 15-19 of the '503
patent; and claims 1-3, 6-7, and 15-20 of the '2-737 patent, and
whether an industry in the United States exists or is in the process of
being established as required by subsection (a)(2) of section 337;
(2) Pursuant to section 210.10(b)(1) of the Commission's Rules of
Practice and Procedure, 19 CFR 210.10(b)(1), the plain language
description of the accused products or category of accused products,
which defines the scope of the investigation, is ``3D NAND memory chips
and high bandwidth memory (`HBM') DRAM chips'';
(3) Pursuant to Commission Rule 210.50(b)(l), 19 CFR 210.50(b)(1),
the presiding administrative law judge shall take evidence or other
information and hear arguments from the parties or other interested
persons with respect to the public interest in this investigation, as
appropriate, and provide the Commission with findings of fact and a
recommended determination on this issue, which shall be limited to the
statutory public interest factors set forth in 19 U.S.C. l337(d)(l),
(f)(1), (g)(1);
(4) For the purpose of the investigation so instituted, the
following are hereby named as parties upon which this notice of
investigation shall be served:
(a) The complainant is:
MonolithIC 3D Inc., 825 Watter's Creek Blvd., Building M, Suite 250,
Allen, TX 75013
(b) The respondents are the following entities alleged to be in
violation of section 337, and are the parties upon which the complaint
is to be served:
KIOXIA Holdings Corporation, 3-1-21, Shibaura, Minato-ku, Tokyo 108-
0023, Japan
KIOXIA Corporation, 3-1-21, Shibaura, Minato-ku, Tokyo 108-0023, Japan
KIOXIA America, Inc., 2610 Orchard Pkwy., San Jose, CA 95134
KIOXIA Engineering Corporation, Nagoya Fushimi K Square Building, 6th
Floor, 14-19 Nishiki 2-chome, Naka-ku, Nagoya 460-0003, Japan
KIOXIA Iwate Corporation, 5-29 Kita Kogyo-Danchi, Kitakami-shi, Iwate,
Japan
KIOXIA Systems Co., Ltd., STE Building, 2-5-1 Kasama, Sakae-ku,
Yokohama, Kanagawa Prefecture, 247-8585, Japan
KIOXIA Semiconductor Taiwan Corporation, 3 F-5, No. 168, Sec. 3,
Nanjing Rd., Zhongshan District, Taipei City 104105, Taiwan
SK hynix Inc., 2091 Gyeongchung-daero, Bubal-eup, Icheon, Gyeonggi-do,
Republic of Korea
[[Page 15635]]
SK hynix America Inc., 3103 N 1st St., San Jose, CA 95134
SK hynix Memory Solutions America Inc., 3103 North First St., San Jose,
CA 95134
(c) The Office of Unfair Import Investigations, U.S. International
Trade Commission, 500 E Street SW, Suite 401, Washington, DC 20436; and
(5) For the investigation so instituted, the Chief Administrative
Law Judge, U.S. International Trade Commission, shall designate the
presiding Administrative Law Judge.
Responses to the complaint and the notice of investigation must be
submitted by the named respondents in accordance with section 210.13 of
the Commission's Rules of Practice and Procedure, 19 CFR 210.13.
Pursuant to 19 CFR. 201.16(e) and 210.13(a), such responses will be
considered by the Commission if received not later than 20 days after
the date of service by the Commission of the complaint and the notice
of investigation. Extensions of time for submitting responses to the
complaint and the notice of investigation will not be granted unless
good cause therefor is shown.
Failure of a respondent to file a timely response to each
allegation in the complaint and in this notice may be deemed to
constitute a waiver of the right to appear and contest the allegations
of the complaint and this notice, and to authorize the administrative
law judge and the Commission, without further notice to the respondent,
to find the facts to be as alleged in the complaint and this notice and
to enter an initial determination and a final determination containing
such findings, and may result in the issuance of an exclusion order or
a cease and desist order or both directed against the respondent.
By order of the Commission.
Issued: March 26, 2026.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2026-06113 Filed 3-27-26; 8:45 am]
BILLING CODE 7020-02-P
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