[Federal Register Volume 66, Number 10 (Tuesday, January 16, 2001)]
[Notices]
[Page 3613]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-1222]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-444]


In the Matter of Certain Semiconductor Light Emitting Devices, 
Components Thereof, and Products Containing Same; Notice of 
Investigation

AGENCY: U.S. International Trade Commission.

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

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SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on December 15, 2000, under section 
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
Rohm, Inc., of Japan. A supplement to the Complaint was filed on 
January 4, 2001. 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 semiconductor light emitting devices, components thereof, and 
products containing same by reason of infringement of claims 1, 2, 4 
and 6-45 of U.S. Letters Patent 6,084,899 and claims 1-5 and 9-23 of 
U.S. Letters Patent 6,115,399. The complaint further alleges that an 
industry in the United States exists and/or is in the process of being 
established as required by subsection (a)(2) of section 337.
    The complainant requests 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 and supplement, except for any confidential 
information contained therein, are 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., Room 
112, Washington, DC 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. 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 be 
obtained by accessing its Internet server (http://www.usitc.gov).

FOR FURTHER INFORMATION CONTACT: Anne M. Goalwin, Esq., Office of 
Unfair Import Investigations, U.S. International Trade Commission, 
telephone 202-205-2574.

    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 (2000).

    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on January 9, 2001, 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 
semiconductor light emitting devices, components thereof, or products 
containing same by reason of infringement of claims 1, 2, 4, 6-44 or 45 
of U.S. Letters Patent 6,084,899 or claims 1-5, 9-22 or 23 of U.S. 
Letters Patent 6,115,399, and whether an industry in the United States 
exists and/or is in the process of being established 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 complainant is--

Rohm Co., Ltd., 21, Saiin Mizosaki-cho, Ukyo-ku, Kyoto, 615-8585, Japan

    (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:

Nichia Corporation, 491 Oka, Kaminaka-Cho, Anan, Tokushima, 774-8601, 
Japan
Nichia America Corporation, 3775 Hempland Road, Mountville, PA 17554

    (c) Anne M. Goalwin, Esq., Office of Unfair Import Investigations, 
U.S. International Trade Commission, 500 E Street, S.W., Room 401-P, 
Washington, DC 20436, who shall be the Commission investigative 
attorney, party to this investigation; and
    (3) For the investigation so instituted, the Honorable Sidney 
Harris 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 the 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 to authorize the administrative law judge and the 
Commission, without further notice to that 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 that respondent.

    Issued: January 10, 2001.

    By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 01-1222 Filed 1-12-01; 8:45 am]
BILLING CODE 7020-02-P