[Federal Register Volume 67, Number 103 (Wednesday, May 29, 2002)]
[Notices]
[Pages 37439-37440]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-13321]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-472]


In the Matter of Certain Semiconductor Devices and Products 
Containing Same; Notice of Investigation

AGENCY: U.S. International Trade Commission.

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

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SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on April 22, 2002, under section 
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
ToshibaCorporation of Japan. A supplement to the complaint was filed on 
May 8, 2002. 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 devices and products containing same by reason of 
infringement of claims 1, 3, 5, 7, 8, 10, and 12 of U.S. Letters Patent 
5,150,178; claims 1-4 of U.S. Letters Patent 4,683,382; and claims 18-
20 of U.S. Letters Patent 5,187,561. The complaint further alleges that 
an industry in the UnitedStates exists 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 permanent cease and desist orders.

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). 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.

FOR FURTHER INFORMATION CONTACT: Rett V. Snotherly, Esq., Office of 
Unfair Import Investigations, U.S. International Trade Commission, 
telephone 202-205-2599.
    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 210.10 (2001).
    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on May 21, 2002, 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 devices or products containing same by reason of 
infringement of claim 1, 3, 5, 7, 8, 10, or 12 of U.S. Letters Patent 
5,150,178; claim 1-3, or 4 of U.S. Letters Patent 4,683,382; or claim 
18, 19, or 20 of U.S. Letters Patent 5,187,561, and whether an industry 
in the United States exists 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: Toshiba Corporation, 1-1, Shibaura 1-Chome, 
Minato-ku, Tokyo, 105-8001, Japan.

[[Page 37440]]

    (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: Samsung Electronics Co., Ltd., Samsung Main Building, 
250-2 ga, Taepyong-ro, Chung-gu, Seoul, Korea; Samsung Semiconductor, 
Inc.,3655 North First Street, San Jose, CA 95134; Samsung Electronics 
America, Inc., 105 Challenger Road, 8th Floor, Ridgefield Park, NJ 
07660.
    (c) Rett V. Snotherly, Esq., Office of Unfair Import 
Investigations, U.S. International Trade Commission, 500 E Street, SW., 
Room 401, Washington, DC 20436, who shall be the Commission 
investigative attorney, party to this investigation; and
    (3) For the investigation so instituted, the Honorable Delbert R. 
Terrill, Jr. 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 210.13. 
Pursuant to 19 CFR 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.

    By order of the Commission.

    Issued: May 22, 2002.
Marilyn R. Abbott,
Secretary.
[FR Doc. 02-13321 Filed 5-28-02; 8:45 am]
BILLING CODE 7020-02-P