[Federal Register Volume 59, Number 183 (Thursday, September 22, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-23381]


[[Page Unknown]]

[Federal Register: September 22, 1994]


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

 

Certain Plastic Encapsulated Integrated Circuits; Enforcement 
Proceeding; Decision Not To Review an Initial Determination Granting 
Partial Summary Determination

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 not to review an initial determination (ID) 
(Order No. 7) issued on August 11, 1994, by the presiding 
administrative law judge (ALJ) in the above-captioned enforcement 
proceeding.

FOR FURTHER INFORMATION CONTACT: Andrea C. Casson, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street SW., 
Washington, D.C. 20436, telephone 202-205-3105.

SUPPLEMENTARY INFORMATION: The Commission instituted this formal 
enforcement proceeding on January 10, 1994. 59 FR 3123-27 (Jan. 20, 
1994). The enforcement proceeding complaint was filed by the 
Commission's Office of Unfair Import Investigations (OUII), and alleges 
violations of the Commission cease and desist order and modified cease 
and desist order issued in the underlying investigation against 
respondent Analog Devices, Inc. (Analog). The complaint seeks 
appropriate sanctions for these alleged violations. The parties to the 
enforcement proceeding are OUII, represented by its investigative 
attorneys (IAs); enforcement proceeding respondent Analog; and Texas 
Instruments, Inc. (TI), the complainant in the underlying 
investigation.
    In its response to the complaint, Analog denied that it violated 
the terms of the Commission's cease and desist orders. In addition, 
Analog alleged several affirmative defenses, including: waiver against 
the Commission, equitable estoppel against the Commission, and 
Commission action that is arbitrary, capricious, an abuse of 
discretion, and contrary to law.
    On June 28, 1994, Analog filed a motion for summary determination 
seeking termination of the enforcement proceeding on the grounds that 
there are no genuine issues of disputed facts. The IAs and TI filed 
responses in opposition to Analog's motion for summary determination. 
The IAs also filed a cross-motion for partial summary determination 
with respect to Analog's affirmative defenses. TI supported, and Analog 
opposed, the IAs' cross-motion.
    On August 22, 1994 the ALJ issued an order (Order No. 7) denying 
Analog's motion for summary determination, and an ID granting the IAs' 
cross-motion for partial summary determination regarding Analog's 
affirmative defenses. Analog petitioned for review of the ID granting 
the IAs' cross-motion, and the IAs and TI filed responses in opposition 
to Analog's petition. Analog also requested oral argument on its 
petition. The Commission denied that request. See 19 CFR 210.56(a) 
(1994).
    This action is taken under the authority of section 337 of the 
Tariff Act of 1930, 19 U.S.C. Sec. 1337, and Sec. 210.53 of the 
Commission's interim Rules of Practice and Procedure, 19 CFR 210.53 
(1994).
    Copies of the nonconfidential version of the ID and all other 
nonconfidential documents filed in connection with this enforcement 
proceeding are or will be available for inspection during official 
business hours (8:45 a.m. to 5:15 p.m.) in the Office of the Secretary, 
U.S. International Trade Commission, 500 E Street SW., Washington, D.C. 
20436, telephone 202-205-2000. Hearing-impaired persons are advised 
that information on this matter can be obtained by contacting the 
Commission's TDD terminal on 202-205-1810.

    Issued: September 13, 1994.

    By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 94-23381 Filed 9-21-94; 8:45 am]
BILLING CODE 7020-02-P