[Federal Register Volume 66, Number 139 (Thursday, July 19, 2001)]
[Notices]
[Pages 37705-37706]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-18100]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-444]


Certain Semiconductor Light Emitting Devices, Components Thereof, 
and Products Containing Same; Notice of a Commission Determination Not 
To Review an Initial Determination Terminating the Investigation Based 
on Withdrawal of the Complaint

AGENCY: 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 the presiding administrative 
law judge's (``ALJ's'') initial determination (``ID'') granting a 
motion to terminate the above-captioned investigation based on 
withdrawal of the complaint.

FOR FURTHER INFORMATION: Timothy P. Monaghan, Esq., Office of the 
General Counsel, U.S. International Trade Commission, telephone (202) 
205-3152.

SUPPLEMENTARY INFORMATION: The Commission instituted this investigation 
on January 9, 2001, based on a complaint by Rohm Co. Ltd. (``Rohm'') 
alleging that respondents Nichia Corporation and Nichia American 
Corporation (``Nichia'') violated section 337 of the Tariff Act of 1930 
by importing, selling for importation, or selling within the United 
States after importation certain semiconductor light emitting devices, 
components thereof, and products containing same that infringe certain 
claims of U.S. Letters Patent Nos. 6,084,899 and 6,115,399.
    On April 27, 2001, complainant Rohm filed a motion pursuant to rule 
210.21(a) to terminate the investigation on the basis of withdrawal of 
the complaint. On May 9, 2001, the Nichia respondents

[[Page 37706]]

filed a response to Rohm's motion to terminate the investigation. 
Nichia did not oppose the motion to terminate, but requested that the 
ALJ terminate the investigation ``with prejudice'' in view of a 
Nichia's motion for sanctions against Rohm for abuse of Commission 
process. The Commission investigative attorney supported Rohm's motion 
to terminate the investigation.
    On June 27, 2001, the presiding ALJ issued an ID granting Rohm's 
motion to terminate the investigation, but denying Nichia's request to 
terminate the investigation ``with prejudice.''
    None of the parties filed a petition to review the subject ID. The 
Commission subsequently determined not to review the subject ID.
    This action is taken under the authority of section 337 of the 
Tariff Act of 1930, as amended, 19 U.S.C. 1337, and Commission rule 
210.42, 19 CFR 210.42. Copies of the subject 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.

    Issued: July 16, 2001.

    By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 01-18100 Filed 7-18-01; 8:45 am]
BILLING CODE 7020-02-P