[Federal Register Volume 66, Number 175 (Monday, September 10, 2001)]
[Notices]
[Pages 47037-47039]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-22603]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-435]


In the Matter of Certain Integrated Repeaters, Switches, 
Transceivers, and Products Containing Same; Notice of Decision Not To 
Review a Final Initial Determination, and Schedule for Filing of 
Written Submissions on the Issues of Remedy, the Public Interest, and 
Bonding

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 the final initial determination 
(``Final ID'') issued by the presiding administrative law judge 
(``ALJ'') on July 19, 2001, finding a violation of section 337 of the 
Tariff Act of 1930, 19 U.S.C. 1337, in the above-captioned 
investigation. The Commission also determined to deny the petition of 
respondent Altima Communications Inc. to supplement the evidentiary 
record in the investigation, and to grant the motion of complainants 
Intel Corporation and Level Communications, Inc. to strike portions of 
Altima Communications, Inc.'s petition for review.

FOR FURTHER INFORMATION CONTACT: Michael Liberman, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street, 
S.W.,

[[Page 47038]]

Washington, D.C. 20436, telephone (202) 205-3115. Copies of the public 
versions of the final 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, S.W., 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. 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: This patent-based section 337 investigation 
was instituted on August 23, 2000, based upon a complaint filed on July 
20, 2000, by Intel Corporation (``Intel'') and Level One 
Communications, Inc. (``Level One''). 65 FR 51327 (Aug. 23, 2000). The 
respondent is Altima Communications, Inc. (``Altima''). A second 
patent-based section 337 investigation naming Altima as a respondent 
was instituted on April 24, 2000, based upon a complaint filed by Level 
One on March 23, 2000, and supplemented on April 13, 2000. 65 FR 21789 
(Apr. 24, 2000). On August 24, 2000, the ALJ issued an order 
consolidating the two investigations. From April 16, 2001, through 
April 30, 2001, the ALJ held an evidentiary hearing. On July 19, 2001, 
the ALJ issued a final ID finding that respondent Altima violated 
section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), by 
infringing certain claims of two of the complainants' asserted patents. 
The ALJ found that: (1) There has been importation and sale of the 
accused products; (2) complainants practice the patents in controversy 
and satisfy the domestic industry requirements of section 337; (3) 
certain of the claims in issue are valid; (4) the accused imported 
products directly infringe certain of the claims in issue; and (5) 
respondent has induced infringement of certain of the claims in issue. 
Based on these findings, the ALJ concluded there was a violation of 
section 337. The ALJ recommended issuance of a limited exclusion order.
    Complainants Intel and Level One and respondent Altima filed 
petitions for review of various portions of the Final ID, and opposed 
each others' petitions for review. The Commission investigative 
attorney (IA) did not petition for review of the Final ID, but he 
opposed the other parties' petitions for review.
    On August 1, 2001, Altima petitioned the Commission for leave to 
supplement the evidentiary record of the investigation. On August 8, 
2001, Intel and Level One filed their opposition to Altima's petition 
to supplement, and moved to strike portions of respondent's petition 
for review related to materials that have not been admitted into 
evidence and are not part of the evidentiary record created in 
connection with the instant investigation. On August 13, 2001, the IA 
filed his opposition to Altima's petition to supplement.
    Having examined the record in this investigation, including the 
Final ID, the petitions for review, and the responses thereto, the 
Commission determined not to review the Final ID; thus, the Commission 
has found a violation of section 337. Having also examined Altima's 
petition to supplement the evidentiary record, Intel and Level One's 
opposition to Altima's petition to supplement and Intel and Level One's 
motion to strike, the Commission has determined to deny Altima's 
petition to supplement and to grant Intel and Level One's motion to 
strike.
    In connection with the final disposition of this investigation, the 
Commission may issue (1) an order that could result in the exclusion of 
the subject articles from entry into the United States, and/or (2) 
cease and desist orders that could result in respondent being required 
to cease and desist from engaging in unfair acts in the importation and 
sale of such articles. Accordingly, the Commission is interested in 
receiving written submissions that address the form of the remedy, if 
any, that should be ordered. If a party seeks exclusion of an article 
from entry into the United States for purposes other than entry for 
consumption, the party should so indicate and provide information 
establishing that activities involving other types of entry either are 
adversely affecting it or likely to do so. For background see the 
Commission Opinion, In the Matter of Certain Devices for Connecting 
Computers via Telephone Lines, Inv. No. 337-TA-360, USITC Pub. No. 2843 
(December, 1994).
    If the Commission contemplates some form of remedy, it must 
consider the effects of that remedy upon the public interest. The 
factors the Commission will consider include the effect that an 
exclusion order and/or cease and desist orders would have on (1) the 
public health and welfare, (2) competitive conditions in the U.S. 
economy, (3) U.S. production of articles that are like or directly 
competitive with those that are subject to investigation, and (4) U.S. 
consumers. The Commission is therefore interested in receiving written 
submissions that address the aforementioned public interest factors in 
the context of this investigation.
    If the Commission orders some form of remedy, the President has 60 
days to approve or disapprove the Commission's action. During this 
period, the subject articles would be entitled to enter the United 
States under a bond, in an amount determined by the Commission and 
prescribed by the Secretary of Treasury. The Commission is therefore 
interested in receiving submissions concerning the amount of the bond 
that should be imposed.

WRITTEN SUBMISSIONS: The parties to the investigation, interested 
government agencies, and any other interested parties are encouraged to 
file written submissions on the issues of remedy, the public interest, 
and bonding. Such submissions should address the July 19, 2001, 
recommended determination by the ALJ on remedy and bonding. 
Complainants and the Commission investigative attorney are also 
requested to submit proposed remedial orders for the Commission's 
consideration. The written submissions and proposed remedial orders 
must be filed no later than the close of business on September 19, 
2001. Reply submissions must be filed no later than the close of 
business on September 26, 2001. No further submissions on these issues 
will be permitted unless otherwise ordered by the Commission. The 
target date for completion of the investigation is October 23, 2001.
    Persons filing written submissions must file with the Office of the 
Secretary the original document and 14 true copies thereof on or before 
the deadlines stated above. Any person desiring to submit a document 
(or portion thereof) to the Commission in confidence must request 
confidential treatment unless the information has already been granted 
such treatment during the proceedings. All such requests should be 
directed to the Secretary of the Commission and must include a full 
statement of the reasons why the Commission should grant such 
treatment. See 19 CFR 201.6. Documents for which confidential treatment 
by the Commission is requested will be treated accordingly. All 
nonconfidential written submissions will be available for public 
inspection at the Office of the Secretary.

[[Page 47039]]

    This action is taken under the authority of section 337 of the 
Tariff Act of 1930 (19 U.S.C. 1337) and Subpart G of the Commission's 
Rules of Practice and Procedure (19 CFR Subpart G).

    By order of the Commission.
    Issued: September 5, 2001.
Donna R. Koehnke,
Secretary.
[FR Doc. 01-22603 Filed 9-7-01; 8:45 am]
BILLING CODE 7020-02-P