[Federal Register Volume 73, Number 58 (Tuesday, March 25, 2008)]
[Notices]
[Pages 15775-15776]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-5909]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-640]


In the Matter of: Certain Short-Wavelength Light Emitting Diodes, 
Laser Diodes and Products Containing Same; Notice of Investigation

AGENCY: U.S. International Trade Commission.

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

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SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on February 20, 2008, under section 
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
Gertrude Neumark Rothschild of Hartsdale, New York. Letters 
supplementing the complaint were filed on March 11 (two letters), 12, 
and 14, 2008. The complaint alleges violations of section 337 based 
upon the importation into the United States, the sale for importation, 
and the sale within the United States after importation of certain 
short-wavelength light emitting diodes, laser diodes and products 
containing same that infringe certain claims of U.S. Patent No. 
5,252,499. The complaint further alleges that an industry in the United 
States exists as required by subsection (a)(2) of section 337.
    The complainant requests that the Commission institute an 
investigation and, after the investigation, issue exclusion orders and 
cease and desist orders.

ADDRESSES: The complaint, except for any confidential information 
contained therein, is 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

[[Page 15776]]

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 also be obtained by accessing 
its internet server at: http://www.usitc.gov. The public record for 
this investigation may be viewed on the Commission's electronic docket 
(EDIS) at: http://edis.usitc.gov.

FOR FURTHER INFORMATION CONTACT: Jeffrey T. Hsu, Esq., Office of Unfair 
Import Investigations, U.S. International Trade Commission, telephone 
(202) 205-2579.

    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 (2007).

    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on March 18, 2008, 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 short-
wavelength light emitting diodes, laser diodes or products containing 
same that infringe one or more of claims 10, 12, 13, and 16 of U.S. 
Patent No. 5,252,499, 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--Gertrude Neumark Rothschild, 153 Old Colony 
Road, Hartsdale, New York 10530-3609.
    (b) The respondents are the following entities alleged to be in 
violation of section 337, and are the parties upon which the complaint 
is to be served:

Avago Technologies, No. 1 Yishun Avenue 7, Singapore 768923.
Bacol Optoelectronic Co. Ltd., 2F, No. 760, Chung Cheng Road, Chung Ho 
City, Taipei 235, Taiwan.
Dominant Semiconductor Sdn. Bhd., Lot 6, Batu Berendam, FTZ Phase III, 
75350, Melaka, Malaysia.
Everlight Electronics Co., Ltd., 25, Lane 76, Sec. 3, Chung Yang Road, 
TuCheng, Taipei 236, Taiwan.
Exceed Perseverance Electronic Ind. Co., Ltd., Room 606, Unit 3, 
Building 14, Jiuzhou Garden, Longyuan Road, Longgang District, 
Shenzhen, Guangdong, China, 518116.
Guangzhou Hongli Opto-Electronic Co., Ltd., West Side of Dongfeng 
Highway, Auto City, Huadu District, Guangzhou, China.
Harvatek International Inc., No. 18, Lane 522, Chung Hwa Road, Sec. 5, 
Hsin Chu, Taiwan.
Hitachi, Ltd., 6-6, Marunouchi 1-chome, Chiyoda-ku, Tokyo 100-8280, 
Japan.
Kingbright Electronic Co., Ltd., 3F, No. 317-1, Chung Shan Road, Sec. 
2, Chung Ho, Taipei Hsien, Taipei 235, Taiwan.
LG Electronics, LG Twin Towers 20, Yoido-dong, Youngdungpo-gu, Seoul, 
150-721, Korea.
Lite-On Technology Corp., 90, Chien I Road, Chung Ho, Taipei Hsien, 
Taiwan.
Lucky Light Electronics Co., Ltd., Unit E & F, 15/F, Cooperative 
Finance Building, Shennan East Road, Louhu District, Shenzhen, China.
Matsushita Electric Industrial Co., Ltd., 1006, Kadoma, Kadoma City, 
Osaka 571-8501, Japan.
Motorola, Inc., 1303 East Algonquin Road, Schaumburg, Illinois 60196.
Nokia, P.O. Box 226, FI-00045 Nokia Group, Finland.
Opto Tech Corporation, No. 8, Innovation Road I, Hsinchu Science-based 
Industrial Park, Hsinchu, Taiwan.
Pioneer Corporation, 1-4-1 Meguro, Meguro-ku, Tokyo 153-8654, Japan.
Rohm Co., Ltd., 21, Saiin Mizosaki-cho, Ukyo-ku, Kyoto 615-8585, Japan.
Samsung Group, 250, 2-ga, Taepyung-ro, Jung-gu, Seoul, 100-742, Korea.
Sanyo Electric Co., Ltd., 5-5 Keihan-Hondori 2-Chome, Moriguchi City, 
Osaka 570-8677, Japan.
Seoul Semiconductor Co., Ltd., 148-29 Gasan-dong, Keumchun-gu, Seoul, 
Korea.
Sharp Corporation, 22-22 Nagaike-cho, Abeno-ku, Osaka 545-8522, Japan.
Shenzhen Unilight Electronic Co., Ltd., Tongfuyu Industrial Zone, Xinhe 
Village, Fuyong Town, Bao'an District, Shenzhen City, Guangdong 
Province, China.
Shinano Kenshi Co., Ltd., 1078, Kami-maruko, Ueda-shi, Nagano-ken, 
Japan.
Sony Corporation, 1-1-1 Konan, Minato-ku, Tokyo 108-0075, Japan.
Sony Ericsson Mobile Communications AB, Nya Vattentornet, SE-221 88 
Lund, Sweden.
Stanley Electric Co., Ltd., 2-9-13, Nakameguro, Meguro-ku, Tokyo 153-
8636, Japan.
Toshiba Corporation, 1-1, Shibaura 1-chome, Minato-ku, Tokyo 105-8001, 
Japan.
Vishay Intertechnology, Inc., 63 Lancaster Avenue, Malvern, 
Pennsylvania 19355.
Yellow Stone Corporation, No. 9, Lane 113, Chihyuan 2nd Road, Beitou 
District, Taipei, Taiwan.

    (c) The Commission investigative attorney, party to this 
investigation, is Jeffrey T. Hsu, Esq., Office of Unfair Import 
Investigations, U.S. International Trade Commission, 500 E Street, SW., 
Suite 401, Washington, DC 20436; and
    (3) For the investigation so instituted, the Honorable Paul J. 
Luckern 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 not 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 and the notice of investigation 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 this notice, and to authorize the administrative 
law judge and the Commission, without further notice to the respondent, 
to find the facts to be as alleged in the complaint and this notice and 
to enter an initial determination and a final determination containing 
such findings, and may result in the issuance of an exclusion order or 
a cease and desist order or both directed against the respondent.

    By order of the Commission.

    Issued: March 19, 2008.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E8-5909 Filed 3-24-08; 8:45 am]
BILLING CODE 7020-02-P