[Federal Register Volume 66, Number 120 (Thursday, June 21, 2001)]
[Notices]
[Pages 33271-33272]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-15635]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-455]


Notice of Decision To Review Two Initial Determinations Granting 
Intervention but Denying Respondent Status; Grant of Motion for Leave 
To File a Reply

In the Matter of certain network interface cards and access points 
for use in direct sequence spread spectrum wireless local area 
networks and products containing same.

AGENCY: International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined to review two initial determinations 
(``IDs'') (Orders Nos. 12 and 13) issued by the presiding 
administrative law judge (ALJ) in the above-captioned investigation, 
granting the motions of Intersil Corporation (``Intersil'') and Agere 
Systems, Inc. (``Agere''), respectively, to intervene, but denying them 
respondent status. The Commission has also granted Intersil's motion 
for leave to file a reply brief. No further submissions are requested 
of the parties.

FOR FURTHER INFORMATION CONTACT: Michael Liberman, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street, 
SW., Washington, DC 20436, telephone (202) 205-3115. Copies of the 
ALJ's ID and all other nonconfidential documents filed in connection 
with this investigation 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, DC 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. General 
information concerning the Commission may also be obtained by accessing 
its Internet server (http://www.usitc.gov). The public record for this 
investigation may be viewed on the Commission's electronic docket 
(EDIS-ON-LINE) at http://dockets.usitc.gov/eol/public.

SUPPLEMENTARY INFORMATION: The Commission instituted this investigation 
on April 9, 2001, based on a complaint filed by Proxim, Inc. 
(``Proxim'') against 14 entities other than Intersil or Agere. The 
notice of investigation was published in the Federal Register on April 
9, 2001. 66 FR 18507. The complaint alleges violations of section 337 
of the Tariff Act of 1930 in the importation into the United States, 
sale for importation, and/or sale within the United States after 
importation of certain wireless network interface cards and access 
points by reason of infringement of certain U.S. patents owned by 
Proxim. On April 16, 2001, Intersil and Agere each filed separate 
motions to intervene as respondents in the investigation.
    Proxim filed a response to Intersil's motion in which it opposed 
the intervention of Intersil as a respondent, but did not object if 
Intersil was permitted to become a party to the investigation as an 
intervenor. The Commission investigative attorney (``IA'') supported 
intervention of Intersil as an intervenor, but not as a respondent.
    Proxim and the IA did not oppose intervention of Agere. However, 
Proxim noted that Agere failed to state why it should be considered a 
respondent

[[Page 33272]]

rather than an intervenor and, therefore, Proxim saw no reason to 
designate Agere as a respondent. The IA supported intervention of Agere 
as an intervenor, but opposed granting Agere respondent status.
    On May 8, 2001, and on May 15, 2001, the ALJ issued two IDs (Orders 
Nos. 12 and 13) allowing Intersil and Agere, respectively, to become 
intervenors in the present investigation, but denying Intersil and 
Agere respondent status. On May 18, 2001, Intersil filed petition for 
review of Order No. 12. No party petitioned for review of Order No.13.
    The authority for the Commission's determination is contained in 
section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and 
in sections 210.42, 210.43, and 210.44 of the Commission's Rules of 
Practice and Procedure (19 CFR Sec. 210.42, 210.43, and 210.44).

    Issued: June 18, 2001.

    By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 01-15635 Filed 6-20-01; 8:45 am]
BILLING CODE 7020-02-P