[Federal Register Volume 73, Number 206 (Thursday, October 23, 2008)]
[Notices]
[Page 63195]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-25227]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-648]


In the Matter of: Certain Semiconductor Integration Circuits 
Using Tungsten Metallization and Products Containing Same; Notice of 
Commission Decision Not To Review an Initial Determination Granting a 
Motion To Amend the Complaint and Notice of Investigation

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 an initial determination 
(``ID'') (Order No. 15) of the presiding administrative law judge 
(``ALJ'') granting a motion to amend the complaint and the notice of 
investigation in the above-captioned investigation to add five 
respondents.

FOR FURTHER INFORMATION CONTACT: Clint Gerdine, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street, 
SW., Washington, DC 20436, telephone (202) 708-2310. Copies of non-
confidential 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. 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. Hearing-impaired persons are advised that information 
on this matter can be obtained by contacting the Commission's TDD 
terminal on (202) 205-1810.

SUPPLEMENTARY INFORMATION: The Commission instituted this investigation 
on May 21, 2008 based on a complaint filed on April 18, 2008 by LSI 
Corporation of Milpitas, California and Agere Systems Inc. of 
Allentown, Pennsylvania (collectively ``complainants''). 73 FR 29534-35 
(May 21, 2008). The complaint alleges violations of section 337 of the 
Tariff Act of 1930, as amended, 19 U.S.C. 1337, in the importation into 
the United States, the sale for importation, and the sale within the 
United States after importation of certain semiconductor integrated 
circuits using tungsten metallization and products containing same by 
reason of infringement of claim 1 of U.S. Patent No. 5,227,335. The 
complaint named numerous respondents including NXP B.V. of the 
Netherlands and Micronas Semiconductor Holding AG (``Micronas AG'') of 
Switzerland. The complaint further alleged that an industry in the 
United States exists as required by subsection (a)(2) of section 337.
    On September 2, 2008, the Commission issued notice of its 
determination not to review an ID granting the motion of complainants, 
NXP B.V., and proposed respondent NXP Semiconductors USA, Inc. (``NXP 
Semiconductors'') of San Jose, California to amend the complaint and 
notice of investigation to substitute NXP Semiconductors for NXP B.V. 
73 FR 52064-65 (Sept. 9, 2008). On October 8, 2008, the Commission 
issued notice of its determination not to review an ID granting motion 
of complainants, Micronas AG, and proposed respondent Micronas GmbH of 
Germany to amend the complaint and notice of investigation to 
substitute Micronas GmbH for Micronas AG. 73 FR 61168-69 (Oct. 15, 
2008).
    On May 30, 2008, complainants moved to amend the complaint to add 
five additional respondents: (1) Dongbu HiTek Semiconductor Business 
(``Dongbu'') of Korea; (2) Jazz Semiconductor (``Jazz'') of Newport 
Beach, California; (3) Magnachip Semiconductor of Korea; (4) Qimonda AG 
(``Qimonda'') of Germany; and (5) Tower Semiconductor, Ltd. (``Tower'') 
of Israel.
    On September 18, 2008, the ALJ issued the subject ID (Order No. 15) 
granting the motion to amend to add the additional respondents. On 
September 26, 2008, Jazz petitioned for review of the ID. On September 
29, 2008, Dongbu, Qimonda and Tower petitioned for review of the ID. On 
October 3 and 6, 2008, the Commission investigative attorney and 
complainants filed briefs in opposition to respondents' petitions.
    The Commission has determined not to review the subject ID.
    The authority for the Commission's determination is contained in 
section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, and 
in sections 210.14 and 210.42(c) of the Commission's Rules of Practice 
and Procedure, 19 CFR 210.14, 210.42(c).

    By order of the Commission.

    Issued: October 17, 2008.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E8-25227 Filed 10-22-08; 8:45 am]
BILLING CODE 7020-02-P