[Federal Register Volume 66, Number 225 (Wednesday, November 21, 2001)]
[Notices]
[Pages 58524-58525]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-29057]


-----------------------------------------------------------------------

INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-432]


Certain Semiconductor Chips With Minimized Chip Package Size and 
Products Containing Same; Notice of Commission Decision To Affirm ALJ 
Order No. 33 and Not To Review a Final Initial Determination Finding a 
Violation of Section 337; Schedule for Written Submissions on Remedy, 
the Public Interest, and Bonding

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined to affirm ALJ Order No. 33 issued by the 
presiding administrative law judge (ALJ) on June 1, 2001, and 
determined not to review the final initial determination (ID) issued by 
the ALJ on September 25, 2001, finding a violation of section 337 of 
the Tariff Act of 1930, 19 U.S.C. 1337, in the above-captioned 
investigation.

FOR FURTHER INFORMATION CONTACT: Michael Diehl, Esq., Office of the 
General Counsel, U.S. International Trade Commission, telephone 202-
205-3095. General information concerning the Commission may also be 
obtained by accessing its Internet server (http://www.usitc.gov). 
Hearing-impaired persons are advised that information on the matter can 
be obtained by contacting the Commission's TDD terminal on 202-205-
1810.
    Copies of the public version of ALJ Order No. 33, the 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.

SUPPLEMENTARY INFORMATION: On May 3, 2000, the Commission instituted 
this investigation of allegations of unfair acts in violation of 
section 337 of the Tariff Act of 1930 in the importation and sale of 
certain semiconductor chips with minimized chip package size or 
products containing same. 65 FR 25758 (May 3, 2000). The complaint 
alleged that three respondents had infringed at least claims 6 and 22 
of U.S. Letters Patent 5,679,977 (the '977 patent) and claims 1, 3, and 
11 of U.S. Letters Patent 5,852,326 (the '326 patent) held by 
complainant Tessera, Inc. of San Jose, California. The notice of 
investigation named the following respondents: Texas Instruments of 
Dallas, Texas (``TI''); Sharp Corporation of Osaka, Japan; and Sharp 
Electronics Corporation of Mahwah, New Jersey (collectively, 
``Sharp''). On March 2, 2001, the Commission determined not to review 
an ID granting Tessera's motion to withdraw the complaint allegations 
as to TI, and to terminate the investigation as to TI. An evidentiary 
hearing commenced April 5, 2001 and concluded on April 19, 2001.
    On April 13, 2001, Sharp filed a motion with the ALJ to reopen the 
hearing record to include newly-discovered evidence. Sharp subsequently 
filed several supplements to its motion. Tessera and the Commission 
investigative attorney (IA) filed responses, and Sharp filed a reply. 
On June 1, 2001, the ALJ issued Order No. 33, denying Sharp's motion to 
reopen.
    On September 25, 2001, the presiding ALJ issued his final ID, 
finding a violation of section 337. On October 9, 2001, Sharp appealed 
Order No. 33 and petitioned for review of the ID. The IA did not file a 
petition for review. On October 16, 2001, complainant and the IA filed 
responses opposing Sharp's petition for review and its appeal of Order 
No. 33.
    Having reviewed the record in this investigation, including the 
parties' written submissions, the Commission has determined to affirm 
Order No. 33 and not to review the ID in its entirety.
    In connection with 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 Sharp 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 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 are likely to do so. For background 
information, see the Commission Opinion, Certain Devices for Connecting 
Computers via Telephone Lines, Inv. No. 337-TA-360, USITC Publication 
2843 (Dec. 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 to be determined by the Commission 
and prescribed by the Secretary of the 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

[[Page 58525]]

other interested parties are encouraged to file written submissions on 
remedy, the public interest, and bonding. Such submissions should 
address the October 1, 2001 recommended determination by the ALJ on 
remedy and bonding. Complainant and the IA 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 November 27, 2001. Reply submissions must 
be filed no later than the close of business on December 4, 2001. No 
further submissions will be permitted unless otherwise ordered by the 
Commission.
    Persons filing written submissions must file with the Office of the 
Secretary the original 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 
is granted by the Commission will be treated accordingly. All 
nonconfidential written submissions will be available for public 
inspection at the Office of the Secretary.
    This action is taken under the authority of section 337 of the 
Tariff Act of 1930, 19 U.S.C. 1337, and sections 210.42, 210.43, 
210.45, 210.46, and 210.50 of the Commission's rules of practice and 
procedure, 19 CFR 210.42, 210.43, 210.45, 210.46, and 210.50.

    Issued: November 15, 2001.

    By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 01-29057 Filed 11-20-01; 8:45 am]
BILLING CODE 7020-02-P