[Federal Register Volume 59, Number 13 (Thursday, January 20, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-1356]


[[Page Unknown]]

[Federal Register: January 20, 1994]


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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-315]

 

In the Matter of Certain Plastic Encapsulated Integrated 
Circuits; Enforcement Proceeding

Order

    On February 18, 1992, the Commission issued its final determination 
in the above-captioned investigation.1 The Commission determined 
that there was a violation of section 337 of the Tariff Act of 1930, as 
amended, 19 U.S.C. 1337, in the unlicensed importation and sale of 
certain plastic encapsulated integrated circuits (``encapsulated 
circuits'') by, inter alia, respondent Analog Devices, Inc. The 
Commission determined that a limited exclusion order and a cease and 
desist order against Analog were appropriate remedies.2 The 
Commission's determination and remedial orders became final on April 
19, 1992, the President having taken no action with respect to the 
determination and orders.
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    \1\The Commission Opinion on the Issues Under Review and on 
Remedy, the Public Interest and Bonding was issued March 3, 1992.
    \2\ The Commission also issued a cease and desist order against 
four other respondents in the investigation. That cease and desist 
order is not at issue for purposes of this Order.
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    On July 2, 1993, following a modification proceeding conducted 
under Commission Interim Rule 211.57, 19 CFR 211.57, the Commission 
issued a modified cease and desist order against Analog.
    The Commission has authorized the docketing of a complaint by the 
Office of Unfair Import Investigations to institute a formal 
enforcement proceeding to determine whether Analog has violated the 
Commission's cease and desist orders and, if so, what enforcement 
measures would be appropriate.
    The Commission has determined that the enforcement proceeding 
should be assigned to a presiding administrative law judge for hearing 
and other proceedings as appropriate. The presiding administrative law 
judge is to issue, as expeditiously as practicable, a recommended 
determination addressing the matters at issue in the enforcement 
proceeding.
    Pursuant to Interim Rule 211.52, the Commission is directing the 
presiding administrative law judge to issue an appropriate 
administrative protective order for purposes of the enforcement 
proceeding.
    In the event that the Commission finds that there has been a 
violation of the Commission's orders, the Commission may impose civil 
penalties pursuant to 19 U.S.C. 1337(f), and may bring a civil action 
in an appropriate United States district court pursuant to 19 CFR 
211.56(b) and 19 U.S.C. 1337(f) seeking the recovery of such civil 
penalties or the issuance of a mandatory injunction incorporating 
relief sought by the Commission. In addition, the Commission may modify 
its exclusion and cease and desist orders against Analog under Interim 
Rule 211.56(c)(3) and otherwise issue appropriate sanctions or relief.
    The Commission having determined that institution of a formal 
enforcement proceeding is appropriate, it is hereby ordered that
    1. Pursuant to Commission Interim Rule 211.56(c), 19 CFR 211.56(c), 
a formal enforcement proceeding is instituted to determine whether 
Analog Devices, Inc. has violated the Commission cease and desist order 
issued on February 18, 1992, and modified on July 2, 1993, in the 
above-captioned investigation and what, if any, enforcement measures 
are appropriate.
    2. For purposes of the formal enforcement proceeding so instituted, 
the following are named as parties:
    (a) Analog Devices, Inc., One Technology Way, Norwood, 
Massachusetts 02062, a respondent in the underlying investigation;
    (b) Texas Instruments Incorporated, 13500 North Central Expressway, 
Dallas, Texas 75243, the complainant in the underlying investigation; 
and
    (c) One or more Commission investigative attorneys to be designated 
by the Director, Office of Unfair Import Investigations.
    3. In accordance 211.56(c) of the Commission's Interim Rules of 
Practice and Procedure, 19 CFR 211.56(c), any response to the complaint 
must be filed by the respondent within fifteen (15) days after receipt 
of the complaint.
    4. The Chief Administrative Law Judge shall designate the presiding 
administrative law judge, who shall conduct the enforcement proceeding 
pursuant to the Commission's Interim Rules of Practice and Procedure, 
19 CFR Parts 210 and 211, to the extent that such Rules are applicable. 
The presiding administrative law judge is directed to submit a 
recommended determination on the matters at issue in the enforcement 
proceeding, including recommended enforcement measures, as 
expeditiously as practicable.
    5. Computation of time shall be in accordance with Commission Rule 
201.14, 19 CFR 201.14, unless otherwise ordered by the Commission or 
presiding administrative law judge.
    6. Pursuant to Commission Interim Rule 211.52, 19 CFR 211.52, the 
presiding administrative law judge is to issue an appropriate 
administrative protective order for purposes of the enforcement 
proceeding.
    7. The presiding administrative law judge may allow discovery, 
including discovery of third parties, to the extent he or she deems 
necessary in order to generate an adequate record on the issues raised 
in the enforcement proceeding.
    8. The recommended determination, which is to be consistent with 
the Commission's findings in the original investigation, shall rule on 
the question of whether Analog has violated the cease and desist order 
issued against Analog Devices, Inc. on February 18, 1992, and modified 
on July 2, 1993. The presiding judge may consider and rule upon 
violations, if any, that occur subsequent to the publication of the 
accompanying notice of institution of the enforcement proceeding, as 
well as violations, if any, that have occurred prior to the notice. If 
the presiding administrative law judge recommends that the Commission 
find Analog in violation of Commission orders, he or she shall also 
recommend to the Commission what enforcement measures, if any, are 
appropriate in light of the nature and significance of such violations.
    9. The parties may file, within fifteen (15) days of the filing of 
the recommended determination, briefs to the Commission concerning the 
recommended determination. Reply briefs may be filed by any party 
within five (5) days of the service of the main briefs.
    10. The Secretary shall:
    (a) Docket the attached complaint (confidential and public 
versions) of the Office of Unfair Import Investigations;
    (b) Serve a copy of the confidential version of the complaint on 
respondent Analog Devices, Inc. and serve a copy of the public version 
of the complaint on complainant Texas Instruments Incorporated;
    (c) Serve a copy of this Order and the accompanying notice upon 
each party to the formal enforcement proceeding and upon each party of 
record in the underlying investigation; and
    (d) Publish the accompanying notice in the Federal Register along 
with an addendum consisting of this Order and the public version of the 
complaint.

    Issued: January 10, 1994.

    By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 94-1356 Filed 1-19-94; 8:45 am]
BILLING CODE 7020-02-P