[Federal Register Volume 62, Number 224 (Thursday, November 20, 1997)]
[Notices]
[Page 62072]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-30548]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-404]


Certain SDRAMs, DRAMs, ASICs, RAM-and-LOGIC Chips, 
Microprocessors, Microcontrollers, Processes for Manufacturing Same and 
Products Containing Same; Notice of Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Institution of investigation pursuant to 19 U.S.C. Sec. 1337.

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SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on October 16, 1997, under section 
337 of the Tariff Act of 1930, as amended, 19 U.S.C. Sec. 1337, on 
behalf of Samsung Electronics Co., Ltd. of Seoul, Korea and Samsung 
Austin Semiconductor, L.L.C. of Austin, Texas. A supplementary letter 
was filed on November 3, 1997. The complaint, as supplemented, alleges 
violations of section 337 in the importation into the United States, 
the sale for importation, and the sale within the United States after 
importation of certain SDRAMs, DRAMs, ASICs, RAM-and-Logic chips, 
microprocessors, microcontrollers, and products containing same by 
reason of infringement of claims 1, 2, 3, 5, and 6 of U.S. Letters 
Patent 5,444,026, and claim 1 of U.S. Letters Patent 4,972,373. The 
complaint further alleges that there exists an industry in the United 
States as required by subsection (a)(2) of section 337.
    The complainants request that the Commission institute an 
investigation and, after the investigation, issue a permanent exclusion 
order and a permanent cease and desist order.

ADDRESSES: The complaint, except for any confidential information 
contained therein, is 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, S.W., Room 112, 
Washington, D.C. 20436, telephone 202-205-2000. Hearing-impaired 
individuals are advised that information on this matter can be obtained 
by contacting the Commission's TDD terminal on 202-205-1810.

FOR FURTHER INFORMATION CONTACT: Thomas S. Fusco, Esq., Office of 
Unfair Import Investigations, U.S. International Trade Commission, 
telephone 202-205-2571.

Authority

    The authority for institution of this investigation is contained in 
section 337 of the Tariff Act of 1930, as amended, and in section 
210.10 of the Commission's Rules of Practice and Procedure, 19 CFR 
Sec. 210.10 (1997).

Scope of Investigation

    Having considered the complaint, the U.S. International Trade 
Commission, on November 13, 1997, 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 SDRAMs, 
DRAMs, ASICs, RAM-and-Logic chips, microprocessors, microcontrollers, 
and products containing same by reason of infringement of claims 1, 2, 
3, 5, or 6 of U.S. Letters Patent 5,444,026, or claim 1 of U.S. Letters 
Patent 4,972,373, and whether there exists an industry in the United 
States as required by subsection (a)(2) of section 337.
    (2) 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 complainants are--

Samsung Electronics Co., Ltd., Samsung Main Building 250, Taepyung Ro, 
2GA, Chung Ku, Seoul, Korea 100-742
Samsung Austin Semiconductor, L.L.C., 12100 Samsung Boulevard, Austin, 
Texas 78754

    (b) The respondents are the following companies alleged to be in 
violation of section 337, and are the parties upon which the complaint 
is to be served:

Fujitsu, Ltd., 6-1 Marunouchi, 1-Chome, Chiyoda-ku, Tokyo 100, Japan
Fujitsu Microelectronics, Inc., 3545 North First Street, San Jose, 
California

    (c) Thomas S. Fusco, Esq., Office of Unfair Import Investigations, 
U.S. International Trade Commission, 500 E Street, SW, Room 401-O, 
Washington, D.C. 20436, who shall be the Commission investigative 
attorney, party to this investigation; and
    (3) For the investigation so instituted, the Honorable Paul J. 
Luckern is designated as 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 Sec. 210.13. 
Pursuant to 19 CFR Secs. 201.16(d) and 210.13(a), such responses will 
be considered by the Commission if received no later than 20 days after 
the date of service by the Commission of the complaint and notice of 
investigation. Extensions of time for submitting responses to the 
complaint 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 both an initial determination and a final determination 
containing such findings, and may result in the issuance of a limited 
exclusion order or a cease and desist order or both directed against 
such respondent.

    By order of the Commission.

    Issued: November 14, 1997.
Donna R. Koehnke,
Secretary.
[FR Doc. 97-30548 Filed 11-19-97; 8:45 am]
BILLING CODE 7020-02-P